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So in the case of Pamatong vs. COMELEC (G.R. No. 161872, April 13,
2004), petitioner questioned the declaration by the COMELEC that he is
a nuisance candidate [thereby denying due course to his certificate of
candidacy]. He declared that it was a violation of a policy under Article
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That is from the ruling of Taada vs.Tuvera and also of Kida vs. Senate
(G.R. 196271, 28 February 2012). Kida refers to the postponement of
the ARMM elections. So there were 2 things mentioned there on the
construction of constitutional provisions. The first is that the provisions
should be considered as a continuing fundamental law which is
supposed to be interpreted not only to the demands of the present but
also to the uncertainties or vagaries of the future. The other principle laid
down in Kida reiterates the ruling in the case of Domino vs. COMELEC,
310 SCRA 546 (1999) that words and phrases of the Constitution must
have to be interpreted in their ordinary dictionary meaning. The
Constitution is a document for everybody because its supposed to limit
State authority and grants civil liberties. Thats why the intent is to take
these words and phrases in their ordinary meaning.
KIDA vs. SENATE
That the ARMM elections were not expressly mentioned in the Transitory
Provisions of the Constitution on synchronization cannot be interpreted to mean
that the ARMM elections are not covered by the constitutional mandate of
synchronization. We have to consider that the ARMM, as we now know it, had not
yet been officially organized at the time the Constitution was enacted and ratified
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It is presumed that all laws and statutes as well as acts of the President
are not unconstitutional. So the courts should not at all times exercise
judicial review. Second is the concept of co-equality where the 3
branches are considered co-equal, i.e. one should not arrogate unto
another its authority. But again if theres really a need to exercise review
powers the courts should not shirk from its duty and obligation in order to
re-allocate these constitutional limitations.
Now, when should the courts exercise judicial review? Basically, there
are 4 conditions:
1. There must be an appropriate case or controversy
2. It must be raised by the proper party
3. Made at the earliest opportunity
4. Must be the very lis mota of the case.
appropriate case or controversy
In some decisions, the Court would refer to this element as ripe for
judicial adjudication. It is ripe for judicial adjudication if there was a
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2.
3.
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There is nothing much to it. The only thing to remember is that only
courts vested with judicial power can exercise judicial review. Thus, if it
is a body created by law other than the Supreme Court and such
lower courts as may be established by law (Sec. 1, Art. VIII, 1987
Constitution), then these bodies do not have power to exercise judicial
review.
So quasi-judicial bodies, as the term suggests, are not actually
exercising judicial power (They do not have the right and do not exercise
the power of judicial review). They are merely exercising administrative
powers but with a right to adjudicate matters (rights) while these bodies
are implementing the laws.
The (lower) courts decision as to a laws constitutionality is subject to
review by the Supreme Court, under Art. VIII, Sec. 5 (2) (see provision).
2.
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Subsequently, the United States agreed to turn over these bases to the
Philippines; and with the expiration of the RP-US Military Bases Agreement in
1991, the territory covered by these bases were finally ceded to the Philippines.
To prevent a recurrence of this experience, the provision in question was adopted
in the 1987 Constitution.
The provision is thus designed to ensure that any agreement allowing the
presence of foreign military bases, troops or facilities in Philippine territory shall
be equally binding on the Philippines and the foreign sovereign State involved.
The idea is to prevent a recurrence of the situation in which the terms and
conditions governing the presence of foreign armed forces in our territory were
binding upon us but not upon the foreign State.
Territory
There is not much about this except the case of Nicolas vs. Romulo
(G.R. No. 175888, Feb. 11, 2009). The question of the case is whether
or not the Subic Base facility is part of the territory. This stemmed from a
rape case involving an American service man [LC Daniel Smith]. In this
case, the Supreme Court traced the history of the jurisdiction over the
military bases located in the Philippines. Under the Philippine Bill of
1902, the US ceded the territory to the Philippines except those military
bases maintained by the US. Under the RP-US Military Bases
Agreement, there was a reiteration that the bases shall not be part of
Philippine territory. However, when the RP-US Military Bases Agreement
expired in 1991 (which was not renewed by the Senate or for lack of
concurrence), the bases were returned to our jurisdictional territory.
There is no issue, therefore, that the bases are already part of Philippine
territory.
3.
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4.
Natural-Born Citizens
2.
8
5.
6.
President;
Vice President;
Members of Congress;
Justices of the Supreme Court and Lower
Collegiate Courts;
Ombudsman and Deputies; and
Constitutional Commission Members.
of 23 August 1868 specifically defining the political status of children born in the
Philippine Islands, and finally, the Ley Extranjera de Ultramar of 04 July 1870,
which was expressly made applicable to the Philippines by the Royal Decree of
13 July 1870.
The Spanish Constitution of 1876 was never extended to the Philippine Islands
because of the express mandate of its Article 89, according to which the
provisions of the Ultramar among which this country was included, would be
governed by special laws.
Section 2. If the party concerned is absent from the Philippines, he may make
the statement herein authorized before any officer of the Government of the
United States2 authorized to administer oaths, and he shall forward such
statement together with his oath of allegiance, to the Civil Registry of Manila.
XXX
Approved, June 7, 1941.
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It was only the Civil Code of Spain, made effective in this jurisdiction on 18
December 1889, which came out with the first categorical enumeration of who
were Spanish citizens "(a) Persons born in Spanish territory,
"(b) Children of a Spanish father or mother, even if they were born outside of
Spain,
"(c) Foreigners who have obtained naturalization papers,
"(d) Those who, without such papers, may have become domiciled inhabitants of
any town of the Monarchy."
The year 1898 was another turning point in Philippine history. Already in the state
of decline as a superpower, Spain was forced to so cede her sole colony in the
East to an upcoming world power, the United States. An accepted principle of
international law dictated that a change in sovereignty, while resulting in an
abrogation of all political laws then in force, would have no effect on civil laws,
which would remain virtually intact.
The Treaty of Paris was entered into on 10 December 1898 between Spain and
the United States. Under Article IX of the treaty, the civil rights and political status
of the native inhabitants of the territories ceded to the United States would be
determined by its Congress "Spanish subjects, natives of the Peninsula, residing in the territory over which
Spain by the present treaty relinquishes or cedes her sovereignty may remain in
such territory or may remove therefrom, retaining in either event all their rights of
property, including the right to sell or dispose of such property or of its proceeds;
and they shall also have the right to carry on their industry, commerce, and
professions, being subject in respect thereof to such laws as are applicable to
foreigners. In case they remain in the territory they may preserve their allegiance
to the Crown of Spain by making, before a court of record, within a year from the
date of the exchange of ratifications of this treaty, a declaration of their decision to
preserve such allegiance; in default of which declaration they shall be held to
have renounced it and to have adopted the nationality of the territory in which
they reside.
Thus
"The civil rights and political status of the native inhabitants of the territories
hereby ceded to the United States shall be determined by the Congress.
Upon the ratification of the treaty, and pending legislation by the United States
Congress on the subject, the native inhabitants of the Philippines ceased to be
Spanish subjects. Although they did not become American citizens, they,
however, also ceased to be "aliens" under American laws and were thus issued
passports describing them to be citizens of the Philippines entitled to the
protection of the United States.
The term "citizens of the Philippine Islands" appeared for the first time in the
Philippine Bill of 1902, also commonly referred to as the Philippine Organic Act of
1902, the first comprehensive legislation of the Congress of the United States on
the Philippines ".... that all inhabitants of the Philippine Islands continuing to reside therein, who
were Spanish subjects on the 11th day of April, 1891, and then resided in said
Islands, and their children born subsequent thereto, shall be deemed and held to
be citizens of the Philippine Islands and as such entitled to the protection of the
United States, except such as shall have elected to preserve their allegiance to
the Crown of Spain in accordance with the provisions of the treaty of peace
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Subsection (4), Article III, of the 1935 Constitution, taken together with existing
civil law provisions at the time, which provided that women would automatically
lose their Filipino citizenship and acquire that of their foreign husbands, resulted
in discriminatory situations that effectively incapacitated the women from
transmitting their Filipino citizenship to their legitimate children and required
illegitimate children of Filipino mothers to still elect Filipino citizenship upon
reaching the age of majority. Seeking to correct this anomaly, as well as fully
cognizant of the newly found status of Filipino women as equals to men, the
framers of the 1973 Constitution crafted the provisions of the new Constitution on
citizenship to reflect such concerns "Section 1, Article III, 1973 Constitution - The following are citizens of the
Philippines:
"(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution.
"(2) Those whose fathers or mothers are citizens of the Philippines.
"(3) Those who elect Philippine citizenship pursuant to the provisions of the
Constitution of nineteen hundred and thirty-five.
"(4) Those who are naturalized in accordance with law."
For good measure, Section 2 of the same article also further provided that
"A female citizen of the Philippines who marries an alien retains her Philippine
citizenship, unless by her act or omission she is deemed, under the law to have
renounced her citizenship."
The 1987 Constitution generally adopted the provisions of the 1973 Constitution,
except for subsection (3) thereof that aimed to correct the irregular situation
generated by the questionable proviso in the 1935 Constitution.
Section I, Article IV, 1987 Constitution now provides:
"The following are citizens of the Philippines:
"(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution.
"(2) Those whose fathers or mothers are citizens of the Philippines.
"(3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
"(4) Those who are naturalized in accordance with law."
Naturalized Citizens
Naturalization in the country would have to follow the old law which is
Commonwealth Act No. 473. There are 2 considerations there. The
first would be the matter of substantive requirements and the second
would be on the procedural requirements.
For substantive requirements, the mnemonics here would be
ARCPEN:
1. Age majority age;
2. Residency 10 years or 5 years in special
cases;
3. Character good moral character;
4. Property very minimal requirement;
5. Education if you have minor children,
they must have to be educated here and
the school must not be exclusive for
foreigners among others and based on the
constitutional requirement that the subject
of the constitution must be taught in the
school; and
6. Not otherwise disqualified by law the
usual disqualifications
a) If the person is opposed to organized
government;
b) If that person believes in violence or in the
violent overthrow of the government;
c) So called practices of polygamy;
d) There is sexually transmissible diseases or
contagious diseases;
e) Mental illness or ailment; and
f)
If the country where the foreigner comes
from does not offer the same privilege of
being naturalized for Filipino citizens, the
principle of reciprocity.
Procedurally there is the requirement that the declaration of intention
must have been filed 1 year from the filing of the petition because the
State through the Office of the Solicitor General must have a head
start in determining whether you have all the qualifications and none
of the disqualifications. When the petition is filed, eventually after 1
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Now, the question is: what about those children born after the grant of
citizenship? With respect to those children already born, the question
is, are they natural-born? They could never be because they are not
citizens from birth. Again, the example is that the mother is not
Filipino. If the mother is Filipino and we talk about the 2 nd in the list in
the 1987 Constitution, there is no problem because under the 1973
and the 1987 Constitution, if the father or mother is Filipino, the child
is automatically Filipino.
But what about before the 1973 Constitution? We talk about
naturalization involving a foreigner couple and foreigner children, and
the foreigner wife and foreigner children will just derive the citizenship
grant from the foreigner father. What will be the status of those
children? Will they be considered natural-born eventually? The answer
will be NO because they are not citizens from birth. They are citizens
only when they were granted the derivative citizenship from the father.
Again, under the 1987 Constitution, if one parent is Filipino, no
problem. The only effect if the wife is Filipino and the husband is not
and the latter [husband] applies for naturalization is that the residency
requirement is shortened to 5 years. But as to the children under the
1973 and 1987 Constitution, they are automatically Filipino from birth
regardless of the citizenship of their father.
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children and all their dogs. Barrack decided to apply for naturalization
and was granted. Michelle and their children derived from the grant.
What if another child was born after the grant? Would that child be
considered natural-born?
Again, we go back to the definition, those who are citizens from birth
without having to perform an act to perfect or acquire citizenship. So
when the child was born, was there a Filipino father or a Filipino
mother or both? Since both are Filipinos already, then that child is
born with Filipino parents. So even if he does not look Filipino, he will
be, by constitutional contemplation, considered as natural-born.
The other mode of naturalization is the so-called Cayetano Law or
Administrative Naturalization Act (RA 9139). Now this was enacted by
Congress in response to the plight of a lot of foreigners who were born
here and who are stuck here and could not actually exercise their
profession, and their rights pertaining to citizenship because they are
mostly undocumented foreigners. It largely stems from the fact that
their parents are illegal aliensforeigners here and have never been
naturalized Filipinos.
The administrative naturalization is only granted to those who were
born here and who have been living here since birth up to the time
they have reached the age of majority and they have filed their
petition. So, this a special class of persons granted the right to be
naturalized administratively. It would seem to follow the same
substantive requirements. There is also age, residency since birth
character; you must also have good moral character. There is an
additional requirement there that he must have been able to immerse
himself as part of the Filipino culture. Property requirement is also
there. Education the applicant must have been schooled in
Philippine schools not exclusive for foreigners which teach, among
others, the Philippine Constitution and government. In judicial
naturalization, it is not for the petitioner but for his children. But in
administrative naturalization it must be the applicant who must have
gone to Philippine schools not exclusive for foreigners which teach,
among others, the Philippine Constitution, government and similar or
related subjects. And the not otherwise disqualified by law almost
the same enumeration.
The procedure is that there is only a need for the filing of a petition
before the Special Committee on Naturalization. If you notice, this is
also a fundraising legislation for the amount of the filing fee which is
required for the petitioner to pay. And while there is derivative
naturalization of the wife and children, there is also additional payment
of fees. In Commonwealth Act 473, there is no such mention of fees.
In RA 9139, the amount of the fees is very specified.
If the wife is the applicant, is there a derivative mode for the husband?
The answer is none. If the husband is the applicant, the wife derives it.
She only has to pay all the administrative fees as well as for the minor
children. But if the wife is the applicant, the husband must have to
apply separately.
Still on the same foreigner couple with foreigner children who were
naturalized in the Philippines. What about those children born after the
grant of citizenship? Could they be considered as natural-born
eventually? So Obama and Michelle Obama came here with their
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representative, and the National Security Adviser, as members, with the power to
approve, deny or reject applications for naturalization as provided in this Act. XXX
Section 8. Approval or Disapproval of the Petition. - Within sixty (60) days from
receipt of the report of the agencies which were furnished a copy of the petition or
the date of the last publication of the petition, whichever comes in later, the
Committee shall consider and review all relevant and material information it has
received pertaining to the petition, and may, for the purpose call the petitioner for
interview to ascertain his/her identity, the authenticity of the petition and its
annexes, and to determine the truthfulness of the statements and declarations
made in the petition and its annexes.
If the Committee shall have received any information adverse to the petition, the
Committee shall allow the petitioner to answer, explain or refute the information.
Thereafter, if the Committee believes, in view of the facts before it, that the
petitioner has all the qualifications and none of the disqualifications required for
Philippine citizenship under this Act, it shall approve the petition and henceforth,
notify the petitioner of the fact of such approval. Otherwise, the Committee shall
disapprove the same.
Section 9. Decree of Naturalization and Naturalization Processing Fee. -Within
thirty (30) days from the receipt of the notice of the approval of his/her petition,
the applicant shall pay to the Committee a naturalization fee of One hundred
thousand pesos (P100,000.00) payable as follows: Fifty thousand pesos
(P50,000.00) upon the approval of the petition and Fifty thousand pesos
(P50,000.00) upon the taking of the oath of allegiance to the Republic of the
Philippines, forthwith, a certificate of naturalization shall be issued. Within sixty
(60) days from the issuance of the certificate, the petitioner shall take an oath of
allegiance in the proper forum upon proof of payment of the required
naturalization processing fee and certificate of naturalization. Should the applicant
fail to take the abovementioned oath of allegiance within said period of time, the
approval of the petition shall be deemed abandoned.
XXX
Section 11. Status of Alien Wife and Minor Children. - After the approval of the
petition for administrative naturalization in cancellation of applicant's alien
certificate of registration, applicant's alien lawful wife and minor children may file a
petition for cancellation of their alien certificates of registration with the Committee
subject to the payment of the filing fee of Twenty thousand pesos (P20,000.00)
and naturalization fee of Forty thousand pesos (P40,000.00) payable as follows:
Twenty thousand pesos (P20,000.00) upon the approval of the petition and
Twenty thousand pesos (P20,000.00) upon the taking of the oath of allegiance to
the Republic of the Philippines.
Section 12. Status of Alien Husband and Minor Children. - If the applicant is a
married woman, the approval of her petition for administrative naturalization will
not benefit her alien husband but her minor children may file a petition for
cancellation of their alien certificates of registration with the BI subject to the
requirements of existing laws.
Section 13. Cancellation of the Certificate of Naturalization. - The Special
Committee may cancel certificates of naturalization issued under this Act in the
following cases:
(a) If it finds that the naturalized person or his duly authorized representative
made any false statement or misrepresentation or committed any violation of law,
rules and regulations in connection with the petition for naturalization, or if he
otherwise obtains Philippine citizenship fraudulently or illegally, the certificate of
naturalization shall be cancelled;
(b) If the naturalized person or his wife, or any or his minor children who acquire
Filipino citizenship by virtue of his naturalization shall, within five (5) years next
following the grant of Philippine citizenship, establish permanent residence in a
foreign country, that individual's certificate of naturalization or acquired citizenship
shall be cancelled or revoked: Provided, That the fact of such person's remaining
for more than one (1) year in his country of origin, or two (2) years in any foreign
Loss of Citizenship
Those are the grounds. Obviously that last ground is no longer valid
under the 1973 and 1987 Constitution. Those are basically the
grounds for losing ones citizenship.
Denaturalization is applied for those who were naturalized. There are
about 5 grounds there. The most common ground perhaps is the
return. If the naturalized person returns to his country of origin and
stays there continuously for 1 year, there is a prima facie presumption
that he intends to take permanent residency in his country of origin
and therefore he can be denaturalized. If he takes residence in
another foreign country, not his country of origin and stays
continuously there for 2 years, there is a prima facie presumption that
he intends to take permanent residence in the other foreign country
and therefore he can be denaturalized.
The other common ground would be if the naturalization was secured
for purposes of violating any of our laws. And the most common laws
would be the laws on the nationalized industries. Under the
Constitution, we all know that there are certain industries that are
nationalized in certain percentage or in full reservation to Filipino
citizens or corporations. If the naturalization of a person is secured so
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Reacquisition or Repatriation
The first law there is still under Commonwealth Act 63. [See Section
4] Reacquisition is allowed or granted under 3 modes.
COMMONWEALTH ACT No. 63
AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP
MAY BE LOST OR REACQUIRED
Section 1. How citizenship may be lost. A Filipino citizen may lose his
citizenship in any of the following ways and/or events:
(1) By naturalization in a foreign country; [BUT SEE RA 9255]
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a
foreign country upon attaining twenty-one years of age or more: Provided,
however, That a Filipino may not divest himself of Philippine citizenship in any
manner while the Republic of the Philippines is at war with any country;
(4) By rendering services to, or accepting commission in, the armed forces of a
foreign country: Provided, That the rendering of service to, or the acceptance of
such commission in, the armed forces of a foreign country, and the taking of an
oath of allegiance incident thereto, with the consent of the Republic of the
Philippines, shall not divest a Filipino of his Philippine citizenship if either of the
following circumstances is present:
(a) The Republic of the Philippines has a defensive and/or offensive pact of
alliance with the said foreign country; or
(b) The said foreign country maintains armed forces on Philippine territory with
the consent of the Republic of the Philippines: Provided, That the Filipino citizen
concerned, at the time of rendering said service, or acceptance of said
commission, and taking the oath of allegiance incident thereto, states that he
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[Caete, Cham]
Republic Act No. 9225
August 29, 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO
ACQUIRE FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS
AMENDED AND FOR OTHER PURPOSES
Section 1. Short Title this act shall be known as the "Citizenship Retention
and Re-acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State
that all Philippine citizens of another country shall be deemed not to have lost
their Philippine citizenship under the conditions of this Act.
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While the Constitution says the State cannot be sued, it can still be sued
with its consent. Consent must have to be express, in the sense that
there must have a legislation granting a party to sue the State.
The general law on consent is still Act 3815 and its amendment. It is an
act providing for general consent of money claims arising from contracts
entered by the government of the Philippines.
There are also instances where the SC allowed cases against
government based on implied consent as when the government enters
into a business contract.
Government has two primary functions:
governmental and
proprietary.
If the function is governmental (and even if government enters into that
kind of contract), there is no implied contract. There can only implied
consent when the State exercises its proprietary function.
The 2nd form of implied consent is when it is inequitable for the
government to claim immunity. The cases that have been discussed
using this are mostly on expropriation. There was one expropriation case
[Sir could not recall the case]. When sued, the defense was sovereign
immunity for suit. It may be a suit against the State because a
department of the government is involved and if made liable, then it will
need an appropriation from Congress. But the SC said that state
immunity cannot apply because it is inequitable for the State to claim
immunity.
The 3rd form implied consent is when the State initiates a complaint it
opens itself to a counterclaim. The reason is that the government is
considered to have descended to the level of an ordinary party and
therefore opens itself to any form of counterclaim.
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there is consent, the case can prosper, the party can prove liability. And
if so warranted by the evidence presented, the State will be liable.
However, consent is good only up to the rendition of the decision. It is
not effective at the stage of the execution of judgment. If there is a
judgment in favor of the claimant, it will be presented to COA to allow it
to have some determination if it could pay the judgment debt. If theres
no money to pay, the award will be presented as one of the items to be
appropriated for when the President presents the general appropriations
to Congress. If so funded, that will be included in the next years
appropriations law. That will be the time you will paid. You cannot just
execute or garnish bank accounts of government entities.
In Philippine Agila vs. Lichauco, Philippine Agila filed a case for
injuction against DOTC with a prayer for damages. If it was only a case
for injunction, it would not be a suit against the State. Because of the
prayer for damages, it would be a suit against the State unless if the
public officers are sued personal capacity.
Is TESDA an incorporated government entity? TESDA was created
under RA7795. If a GOCC has an original charter, normally, it has the
power to sue and the corresponding liability to be sued. The funds of
GOCCS with original charter, although conserved public funds, are not
funds under public treasury. This money can be drawn out without
congressional appropriation. All you need is a withdrawal slip. But in the
case of TESDA, the SC said that although it may be ordinarily suable as
it is an office created by law, it however performs governmental function.
Therefore, it is not suable ordinarily without consent.
If you have read the case of Mateo Didacan vs. ATO this case started
way back in 1948 when a portion of a property of Mateo Didacan was
used by the ATO as part of an airport somewhere. So the property
owner sued ATO for the value of the property used. That case eventually
went up to the SC, where the SC said that ATO should be liable. When
the heirs of the petitioner sought for the execution of the decision with
the RTC, where the case originated, the latter refused to issue the writ of
execution.
The general principle that even if ATO is suable by the way, the main
decision was that ATO is suable because it is inequitable for the ATO to
claim immunity because the power of eminent domain is involved.
Therefore the property owner had a right to claim for its value. So when
the RTC refused to issue the writ for execution, the reasoning was that it
is good only up to the decision.
It went to the SC again. In 2010 the SC discussed the reason why ATO
should be liable. It directed the RTC to issue the writ of execution based
on the principle that a judgment not executed is an empty judgment.
The general rule again is that even if one is suable and is found liable,
execution must come as a matter of right. Because of lapse of time the
SC somehow made this case an exception and used the same rule on
equity.
This case of ATO vs. Ramos has the same ruling. A portion of the
property of the private respondent was taken for airport extension.
Same thing, the property owner filed a suit against ATO and similarly
ATO used the immunity doctrine as defense. The SC said that it is not
immune. It said that ATO is not immune to begin with because it is an
incorporated entity created for proprietary functions. Airport maintenance
The effectivity of the consent is only for the party to sue. If there is no
consent, then the case cannot prosper. The case should be dismissed. If
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This is still state immunity but normally claimed by the foreign states who
are sued in our jurisdiction. It first came about in one of the cases
involving the US government when an American service personnel was
sued in the Philippine Islands. The foreign state claimed royal
prerogative. So, can the foreign state claim state immunity? The answer,
of course, is yes. This is based on international law (equality between
and among states) that one State cannot be placed under the jurisdiction
of another State.
The other discussion with respect to state immunity is with respect to
foreign nationals whether natural or juridical.
The first will be the Vienna Convention of Diplomatic Immunity of 1961.
This confers immunity on
1.
Heads of mission
2.
Ambassadors
3.
Nuncios and charge de affairs.
They are all considered to be absolutely immune in our jurisdiction. If
they come here, commit any act, whether personal or official resulting to
law violation, they cannot be placed under our criminal justice system.
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rights and obligations of husband and wife the term residence should only be
interpreted to mean "actual residence." The inescapable conclusion derived from
this unambiguous civil law delineation therefore, is that when petitioner married
the former President in 1954, she kept her domicile of origin and merely gained a
new home, not a domicilium necessarium.
Minors would normally follow the domicile of parents, but once the minor
is of age s/he could actually choose his/her legal residence. There need
not have to be a change of residence.
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Now, in the case of Mitra vs. Comelec, the SC discussed the issue of: if
one is to change his domicile to another what should that new residence
be? Because in that case, what happened was Mitra, who used to be the
representative of one of the districts of Palawan, decided to run as
governor of Palawan but because he had to transfer his residence to be
able to qualify as a voter and therefore candidate as position of
governor, he transferred to what used to be an abandoned warehouse
where he is supposed to be maintaining his residence. The main
argument of the private respondent here was to the effect that the actual
standard or condition of the new place of residence is not actually
considered to be consistent with the lifestyle/status in society of Mitra.
The SC called it a non-legal standard. To put it in different context, if you
were to change your residence, is there a requirement in law that your
residence should be of this value, of this much with so much amenities,
to be considered as habitable, so that it would be considered as your
new legal residence? SC said NO. theres no such thing as non-legal
standards for a new place of residence to be considered as such for so
long as it would be shown that theres an intent to transfer your
residence from one place to the other and so to maintain that new
residence as your new house/home, then that may be considered as a
valid change of domicile regardless of whether it is of such considerable
value or it is consistent with your status/condition with society that the
new residence should be. So, these are non-legal standards.
Mitra vs. Commission on Elections, Antonio Gonzales
and Orlando Balbon, Jr.
622 SCRA 744 (July 2010)
In considering the residency issue, the dwelling where a person permanently
intends to return to and to remain his or her capacity or inclination to decorate
the place, or the lack of it, IS IMMATERIAL. Comelec gravely abused its
discretion when it determined the fitness of a dwelling as a persons residence
based solely on very personal and subjective assessment standards when
the law is replete with standards that can be used. Comelec used wrong
considerations in arriving at the conclusion that Mitras residence is not the
residence contemplated by law.
And, with respect to qualifications, you may have remembered the case
of SJS vs. the Dangerous Drugs Board. When the Comelec issued a
resolution pursuant to the law requiring mandatory drug testing,
members of Congress, among others, must have to submit to a drug
examination and the clearance must have to be included as one of the
documentary requirements before a COC may be given due course.
Pimentel questioned that and the SC sustained him because that would
add up to the qualifications. The qualifications to Congress in the
Constitution are quite simple, theres: age, residence, ability to read and
write (no education degree required), and not otherwise disqualified by
law. So, as simple as that. For a legislation or a Comelec resolution to
add more to the qualifications would not be valid under the Constitution
TERM OF OFFICE
The case of Aldovino vs. Comelec. For members of Senate, they shall
not serve for more than two consecutive terms; for members of HR, they
shall not serve for more than three consecutive terms. The applicability
of the consecutive terms must have to follow the elected and served
rule.
Aldovino Jr. vs. Comelec
609 SCRA 234 (2009)
Article X, Section 8 both by structure and substance fixes an elective officials
term of office and limits his stay in office to 3 consecutive terms as an inflexible
rule that is stressed, no less, by citing voluntary renunciation as an example of
circumvention. The provision should be read in the context of interruption of term,
NOT in the context of interrupting the full continuity of the exercise of the power of
the elective position. The voluntary renunciation it speaks of refers only to the
elective officials voluntary relinquishment of office and loss of title to this office. It
does not speak of the temporary cessation of the exercise of power or authority
that may occur for various reasons, with preventive suspension being only one of
them. Quoting Latasa the law contemplates a rest period during which the local
elective official steps down from office and ceases to exercise power or authority
over the inhabitants of the territorial jurisdiction of a particular government unit.
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Strict adherence to the intent of the three-term limit rule demands that preventive
suspension should not be considered an interruption that allows an elective
officials stay in office beyond three terms. A preventive suspension cannot simply
be a term interruption because the suspended official continues to stay in office
although he is barred from exercising the functions and prerogatives of the office
within the suspension period. The best indicator of the suspended officials
continuity in office is the absence of a permanent replacement and the lack of the
authority to appoint one since no vacancy exists.
Even if you are elected but you have not served, the question is should
that be taken as your term? In the case of Koko Pimentel, perhaps, it
should be taken because he has served in such capacity. If you ask the
reverse, what about Migz Zubiri, should the first three years be taken as
his first term? The answer is NO because he has not been elected
though he has served. So, one must have been elected and served in
such capacity.
Now, this case of Aldovino invloves local elective officials. But because
we follow the same rule or principle in service of consecutive terms, the
elected & served rule should apply. One must have been elected to the
position and served in such capacity. So, for members of Congress, that
should follow. One must have to be elected and served. For local public
officials, this particular case involves assumption to office because of the
vacancy. So, for example, theres a vacancy in the office of the mayor or
governor, if the vice mayor or vice governor would succeed, the question
is, would his assumption/ succession to that office be considered as his
first term? The answer is NO because he was not elected to that
position, though he had served, because, again, the elected and served
rule applies for purposes of consecutive terms.
Asistio vs. Aguirre (619 SCRA 518). This case was filed because the
CoC of Asistio indicated a false or non-existent address. Asistio, coming
from an old family in Caloocan, indicated in his CoC his address which
was later found to be non-existent/false. So, the argument here is: is the
fact that the address is non-existent/false constitutive of evidence that he
is not a resident of that place? SC said No. They have considered some
other evidence, and I think they have taken judicial notice that the family
is really a resident of that place. While it may perhaps constitute an
election offense (falsified material data in the CoC) that definitely would
not constitute change of domicile. Because, again, proof of your
domicile/ change of domicile would be dependent on some other factors
other than the non-existence of an address or a false address. If he is
shown to have been a resident of that place based on previous
elections, the fact that the new CoC indicates a false or a non-existent
address will not make a case of him having changed his domicile. To
change ones domicile legally would require those three (3) conditions.
LUIS A. ASISTIO vs. HON. THELMA CANLAS TRINIDAD-PE AGUIRRE
G.R. No. 191124 619 SCRA 518 (April 27, 2010)
Asistio has always been a resident of Caloocan City since his birth or for more
than 72 years. His family is known to be among the prominent political families in
Caloocan City. In fact, Asistio served in public office as Caloocan City Second
District representative in the House of Representatives, having been elected as
such in the 1992, 1995, 1998, and 2004 elections. In 2007, he also sought
election as City Mayor. In all of these occasions, Asistio cast his vote in the same
city. Taking these circumstances into consideration, gauged in the light of the
doctrines above enunciated, it cannot be denied that Asistio has qualified, and
continues to qualify, as a voter of Caloocan City. There is no showing that he has
established domicile elsewhere, or that he had consciously and voluntarily
APPORTIONMENT of DISTRICTS
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Now, in the case of Aquino vs. Comelec, the question here was
whether or not the province of Catanduanes could be divided. what is
the requirement for creating a new province? Because again, each
province must have one representative.
SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR JESSE ROBREDO
vs. COMMISSION ON ELECTIONS
GR no. 189793 617 SCRA 623 (April 7, 2010)
There is no specific provision in the Constitution that fixes a 250,000 minimum
population that must compose a legislative district..
The Mariano case (Mariano vs Comelec 312 Phil 259 (1995)) limited the
application of the 250,000 minimum population requirement for cities only to its
initial legislative district. In other words, while Section 5(3), Article VI of the
Constitution requires a city to have a minimum population of 250,000 to be
entitled to a representative, it does not have to increase its population by another
250,000 to be entitled to an additional district.
There is no reason why the Mariano case, which involves the creation of an
additional district within a city, should not be applied to additional districts in
provinces. Indeed, if an additional legislative district created within a city is not
required to represent a population of at least 250,000 in order to be valid, neither
should such be needed for an additional district in a province, considering
moreover that a province is entitled to an initial seat by the mere fact of its
creation and regardless of its population.
Apropos for discussion is the provision of the Local Government Code on the
creation of a province which, by virtue of and upon creation, is entitled to at least
a legislative district. Thus, Section 461 of the Local Government Code states:
Requisites for Creation. (a) A province may be created if it has an average
annual income, as certified by the Department of Finance, of not less than Twenty
million pesos (P20,000,000.00) based on 1991 constant prices and either of the
following requisites:
(i) a contiguous territory of at least two thousand (2,000) square kilometers, as
certified by the Lands Management Bureau; or
(ii) a population of not less than two hundred fifty thousand (250,000) inhabitants
as certified by the National Statistics Office.
Notably, the requirement of population is not an indispensable requirement, but is
merely an alternative addition to the indispensable income requirement.
Now, the case of Aldaba vs. Comelec is basically on: when should the
number of the population be certified for purposes of creating new
districts or provinces for that matter? The SC said that it must be based
on midterm figures as certified by the National Statistics Coordinating
Board and issued by the administrator of the NSO. What do you mean
by midterm figures? It must be the year in between elections. It is not
to be nearer the elections but in between elections to determine whether
the population requirement has been met.
ALDABA vs. COMELEC
G.R. No. 188078 January 25, 2010
It was declared by the Supreme Court that the R.A. 9591 is unconstitutional for
being violative of Section 5 (3), Article VI of the 1987 Constitution and Section 3
of the Ordinance appended to the 1987 Constitution on the grounds that, as
required by the 1987 Constitution, a city must have at least 250,000 population. In
relation with this, Regional Director Miranda issued a Certification which is based
on the demographic projections, was declared without legal effect because the
Regional Director has no basis and no authority to issue the Certification based
on the following statements supported by Section 6 of E.O. 135 as signed by
President Fidel V. Ramos, which provides:
The certification on demographic projection can be issued only if such are
declared official by the Natl Statistics Coordination Board. In this case, it was not
stated whether the document have been declared official by the NSCB.
The certification can be issued only by the NSO Administrator or his designated
certifying officer, in which case, the Regional Director of Central Luzon NSO is
unauthorized.
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The population projection must be as of the middle of the year, which in this case,
the Certification issued by Director Miranda was undated.
Now, there are 250 members in the lower house, 20% of which should
belong to the party list. Now, with respect to the party list, there are a
few discussions here.
We have RA 7941, the Party List System Act, which actually governs the
election of party list representatives. Now, based on the law, there are 2
basic considerations for the person to eventually be allowed to sit in the
HR. First, is who are the qualified groups? Now, the law has provided for
the qualification for registration of parties to participate in the party list
system election. And, in the case of Veterans Party v. Akbayan [Note:
Sir was referring to the case of Bagong Bayani], the SC listed down 8
guidelines to determine who are qualified groups: one, they must
represent the marginalized and underprivileged; they must comply with
the policy to enable the marginalized and underrepresented to be
elected in Congress; third, they should not represent the religious sector;
fourth, they are not of the disqualified groups; fifth, they are not adjunct
to, funded or assisted by the government; sixth, nominees must likewise
qualify; seventh, the nominees must also represent the marginalized and
underrepresented; and the nominees must be able to contribute to
beneficial legislation. So, 8 guidelines were set in this case.
Ang Bagong-Bayani v. Comelec and companion cases
G.R. No. 147589 June 26, 2001
First, the political party, sector, organization or coalition must represent the
marginalized and underrepresented groups identified in Section 5 of RA 7941. In
other words, it must show -- through its constitution, articles of incorporation,
bylaws, history, platform of government and track record -- that it represents and
seeks to uplift marginalized and underrepresented sectors. Verily, majority of its
membership should belong to the marginalized and underrepresented. And it
must demonstrate that in a conflict of interests, it has chosen or is likely to choose
the interest of such sectors.
Second, while even major political parties are expressly allowed by RA 7941 and
the Constitution to participate in the party-list system, they must comply with the
declared statutory policy of enabling Filipino citizens belonging to marginalized
and underrepresented sectors x x x to be elected to the House of
Representatives. In other words, while they are not disqualified merely on the
ground that they are political parties, they must show, however, that they
represent the interests of the marginalized and underrepresented.
Third, in view of the objections directed against the registration of Ang Buhay
Hayaang Yumabong, which is allegedly a religious group, the Court notes the
express constitutional provision that the religious sector may not be represented
in the party-list system.
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The persons who sit representing the party are also covered by the three
term limitation. So a person who has served for three terms representing
a party can no longer be eligible as the representative of that party in the
succeeding election. Now, I raised that question before, can that person
change his party and thereafter be a nominee of another party in the
succeeding election? The law merely requires that you must have to be
a member of a party six (6) months before the election to be qualified as
a nominee. So, for example, Teddy Casio, this is his third term already.
He is running for the Senate. Now, what if Teddy Casio would resign
from his party more than six months from the next election and then
transfer to another party and be the first nominee. And if that party will
win a seat in the HR based on the applicable rules on the allocation of
seats, can he sit as well?
He can no longer sit because the three term limitation with respect to the
party list will refer to the one sitting, not on the party. The party can have
seats perpetually. Now, one of the innovations to the party list system,
perhaps, as you have read in the papers, is that Comelec is trying to
rearrange the list based on drawing of lots. Comelec wanted to change
the sequence or order as the party list names appear on the ballot, now
that the elections are supposed to be automated. In the 2010 automated
elections, the parties were listed alphabetically. So who would ever read
the middle names? It would always be the first and the last! So, the
order should be determined by drawing of lots.
Now, the allocation of seats for the party list have been substantially
changed based on the ruling of Banat vs. Comelec (decided after the
2007 elections). Where before, the idea supposedly was that the parties
must have to secure 2% from the total number of the votes cast in the
party list election to be able to get a seat. Now, that is no longer
followed. There are two seats to be discussed. The first is the so-called
guaranteed seats, and the second would be the additional seats. The
guaranteed seats are guaranteed for those parties who have garnered
at least two percent of the total number of votes cast in the party list
system election. Now, since the seats for the party list would comprise
20% of the total number of representatives so lets assume a number
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of 250, get 20%, that would be 50. Now, if the guaranteed seats, like
say, are 25, there will be 25 remaining seats for the party list. Now, who
gets these additional seats? Theres a formula which is supposed to be
used to guarantee these other seats which should be distributed: (1) to
the parties which have guaranteed seats; and (2) to the other parties
which may not have guaranteed seats but get additional seats because
of the three-seat limitation.
Now, just like before, the parties would be listed from the party with the
most number of votes to the party with the least number of votes. And
they will be listed in that order. For those who have garnered this 2% of
the total number of votes cast, they will be given one guaranteed seat
each. Now, to determine who are entitled to the so-called additional
seats, the formula is: the votes garnered are multiplied by the remaining
seats. So, your percentage will be multiplied by the remaining number of
seats. For example, the remaining seats are 25. So, if you percentage is,
say, 7.35 x 25, that would be the number of seats you are allotted. Now,
after these additional seats are allocated to those who have guaranteed
seats, subject to the three-seat limitation lets assume, the first three
parties will get two additional seats each. So 25 minus 6, that would be
19. And the next, say three parties will get one additional seats each
based on the formula, there would be 16 more remaining. Now, these 16
remaining will be distributed to the other parties below those with the
guaranteed seats until all 16 will be distributed as it goes down the line.
So, SC said that what the Constitution requires as 2% is not a guarantee
to have a seat, its a guarantee to have ONE seat but the remainder will
have to be filled up based on proportional representation. So, even if a
party did not get a guaranteed seat, it does not mean that that party
cannot anymore get any of the seats. So, give the guaranteed seats, get
the percentage, get the additional seats based on the remaining and if
there are no more parties with guaranteed seats entitled to additional
seat, distribute the remainder of the seats to rest of the parties as they
appear in the listing from top to bottom.
BANAT v. Comelec and companion cases
G.R. No. 179271
In determining the allocation of seats for party-list representatives under Section
11 of R.A. No. 7941, the following procedure shall be observed:
1. The parties, organizations, and coalitions shall be ranked from the highest to
the lowest based on the number of votes they garnered during the elections.
2. The parties, organizations, and coalitions receiving at least two percent (2%) of
the total votes cast for the party-list system shall be entitled to one guaranteed
seat each.
3Those garnering sufficient number of votes, according to the ranking in
paragraph 1, shall be entitled to additional seats in proportion to their total
number of votes until all the additional seats are allocated.
4. Each party, organization, or coalition shall be entitled to not more than three (3)
seats.
In computing the additional seats, the guaranteed seats shall no longer be
included because they have already been allocated, at one seat each, to every
two-percenter. Thus, the remaining available seats for allocation as additional
seats are the maximum seats reserved under the Party List System less the
guaranteed seats. Fractional seats are disregarded in the absence of a provision
in R.A. No. 7941 allowing for a rounding off of fractional seats.
In declaring the two percent threshold unconstitutional, we do not limit our
allocation of additional seats to the two-percenters. The percentage of votes
garnered by each party-list candidate is arrived at by dividing the number of votes
garnered by each party by 15,950,900, the total number of votes cast for party-list
candidates. There are two steps in the second round of seat allocation.
First, the percentage is multiplied by the remaining available seats, 38, which is
the difference between the 55 maximum seats reserved under the Party-List
System and the 17 guaranteed seats of the two-percenters. The whole integer of
the product of the percentage and of the remaining available seats corresponds
to a partys share in the remaining available seats.
Second, we assign one party-list seat to each of the parties next in rank until all
available seats are completely distributed. We distributed all of the remaining 38
seats in the second round of seat allocation.
Finally, we apply the three-seat cap to determine the number of seats each
qualified party-list candidate is entitled.
So, those are the rules on how the seats are allocated. Now, some
cases on the party list. This case of Abayhon vs. HRET. This would just
reiterate the legal requirement on the eligibility and qualifications of the
party list and its nominees.
And, on the issues which has jurisdiction on these two matters: if
theres an issue on the eligibility or qualification of a party registered
jurisdiction on that issue lies with the Comelec. But if the issue is on the
eligibility/qualification of the nominee of a party which won a seat, the
question is with the HRET, not with the Comelec.
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Petitioner alleges that the jurisdiction of the COMELEC had already lapsed
considering that the assailed resolutions were rendered on April 24, 1995,
fourteen (14) days before the election in violation of Section 78 of the Omnibus
Election Code. Moreover, petitioner contends that it is the House of
Representatives Electoral Tribunal and not the COMELEC which has jurisdiction
over the election of members of the House of Representatives in accordance with
Article VI Sec. 17 of the Constitution. This is untenable.
With the enactment of Sections 6 and 7 of R.A. 6646 in relation to Section 78 of
B.P. 881, it is evident that the respondent Commission does not lose jurisdiction
to hear and decide a pending disqualification case under Section 78 of B.P. 881
even after the elections.
As to the House of Representatives Electoral Tribunal's supposed assumption of
jurisdiction over the issue of petitioner's qualifications after the May 8, 1995
elections, suffice it to say that HRET's jurisdiction as the sole judge of all contests
relating to the elections, returns and qualifications of members of Congress
begins only after a candidate has become a member of the House of
Representatives. Petitioner not being a member of the House of Representatives,
it is obvious that the HRET at this point has no jurisdiction over the question.
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hold the election emanate from the statute and not from any call for the election
by some authority and the law thus charges voters with knowledge of the time
and place of the election.
July 4, 2012
ELECTION
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Conversely, where the law does not fix the time and place for holding a special
election but empowers some authority to fix the time and place after the
happening of a condition precedent, the statutory provision on the giving of notice
is considered mandatory, and failure to do so will render the election a nullity.
In the instant case, Section 2 of R.A. No. 6645 itself provides that in case of
vacancy in the Senate, the special election to fill such vacancy shall be held
simultaneously with the next succeeding regular election. Accordingly, the
special election to fill the vacancy in the Senate arising from Senator Guingonas
appointment as Vice-President in February 2001 could not be held at any other
time but must be held simultaneously with the next succeeding regular elections
on 14 May 2001. The law charges the voters with knowledge of this statutory
notice and COMELECs failure to give the additional notice did not negate the
calling of such special election, much less invalidate it.
What is just required is that the public is made aware that they should
vote for thirteen senators instead of the regular twelve because there is
a need to fill up the vacancy. This is probably one of the reasons why
Chairman Brillantes of the COMELECas you may have read in the
papershas already asked Senator Santiago whether she would vacate
her seat in the Senate before the ballots are finalized for next years
elections. The last day for filing is sometime in October and there must
be a final list of qualified candidates so that if there shall be 13 to be
elected to fill up the vacancy by reason of Senator Santiagos departure
for the International Criminal Court, then the announcement now has to
be made so that the public will know and be duly informed that there is a
need to add another more to the regular seats of Senate.
With respect to the salaries not much have changed. Their [members of
Congress] salaries cannot be increased during their tenure or term. The
word term there is singularly used i.e. that all members of Congress
when the law, passed and approved increasing their salaries, cannot
take effect until after the full term of all the members of Congress
approving it.
Seemingly there may be no problem with respect to that but because of
the overlap of the Senate by reason of synchronization (that only twelve
senators terms will end at one time while the rest of the twelve will have
another 3 years and there shall be new twelve senators coming for a full
six year term). One must have to determine whether or not the terms of
the members of Senate who approved the bill increasing the salary have
already expired in order to determine when the law shall take effect.
Apparently, the prohibition is for these members to take benefit of their
own acts approving a bill increasing their salary.
There is no prohibition on a law (passed and approved) that would
benefit the next Congress. Thus, the prohibition is not on the passage
but rather on the increased salaries benefitting the members approving
them.
The other privileges would be freedom from arrest and the speech
and debate clause. Freedom from arrest would only cover crimes or
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PROHIBITIONS/ INHIBITIONS
DISQUALIFICATIONS
This case of Liban vs. Gordon (MR) refers to former Sen. Gordon who
while seated as a senator was also appointed as the chairperson of the
Philippine National Red Cross. Petitioner Liban contends that it is
considered as an incompatible.
In the original decision, the Supreme Court said that the PNRC is not a
government office nor is it a GOCC. It further said that the charter of
PNRC is void and unconstitutional requiring PNRC to file its articles of
incorporation to SEC to have corporate personality and powers.
The second decision is a resolution of several motions filed for
clarification, among others, of what is meant by the decision where it
said that the PNRCs Charter is void. In the Resolution, the Supreme
Court said that the PNRCs Charters constitutionality has not been
raised as an issue in the case. So under Judicial Review, a question of
Constitutionality shall not be resolved by the court if it is not raised
properly. And importantly, the Supreme Court said that PNRC is sui
generis. It is an entity, a voluntary organization which is impressed with
public interest. It then went on to discuss the history of the PNRC, all the
way to the Committee of the Red Cross. It is sui generis, a class of its
own, and therefore, cannot be declared to be as unconstitutional based
on its charter.
LIBAN vs. GORDON (MR)
639 SCRA 703 (2011)
Although it is neither a subdivision, agency, or instrumentality of the government,
nor a government-owned or -controlled corporation or a subsidiary thereof, as
succinctly explained in the Decision of July 15, 2009, so much so that
respondent, under the Decision, was correctly allowed to hold his position as
Chairman thereof concurrently while he served as a Senator, such a conclusion
does not ipso facto imply that the PNRC is a private corporation within the
contemplation of the provision of the Constitution, that must be organized under
the Corporation Code. As correctly mentioned by Justice Roberto A. Abad,
the sui generis character of PNRC requires us to approach controversies
involving the PNRC on a case-to-case basis.
In sum, the PNRC enjoys a special status as an important ally and auxiliary of the
government in the humanitarian field in accordance with its commitments under
international law. This Court cannot all of a sudden refuse to recognize its
existence, especially since the issue of the constitutionality of the PNRC Charter
was never raised by the parties. It bears emphasizing that the PNRC has
responded to almost all national disasters since 1947, and is widely known to
provide a substantial portion of the countrys blood requirements. Its
humanitarian work is unparalleled. The Court should not shake its existence to
the core in an untimely and drastic manner that would not only have negative
consequences to those who depend on it in times of disaster and armed
hostilities but also have adverse effects on the image of the Philippines in the
international community. The sections of the PNRC Charter that were
declared void must therefore stay.
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DUTY TO DISCLOSE
What is the ordinary penalty for not truthfully stating everything in your
SALN, it being a statement made under oath? Perjury. Perjury which
carries with it the penalty of.but now it is an impeachable offense.
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This old case of Avelino vs. Cuenco is still a good decision. This refers
to the basis in determining quorum in the House. What if there are
members who are absent?
If there are members absent, in the case of Avelino vs. Cuenco, it has to
determine whether or not the absent member is within the authority of
that House to compel his attendance under pain of penalty. If he is within
the jurisdiction or authority of that House, the number of that absent
member has to be considered for the purpose of determining quorum.
Otherwise, it will not be. So in this case, one member is out of the
country. That member will not be considered whereas that member
outside of the Senate but was confined in a Philippine hospital at that
time is to be considered because he is still under the jurisdiction of the
Senate to compel his attendance.
So a quorum is required for members of the House to do business. Can
a number smaller than a quorum be able to perform acts with legal
effects? The answer is YES.
Under the Constitution, they can actually adjourn from day-to-day and
they can also compel the attendance of absent members based on the
Rules of the House concerned. Even if there are only a few of them, they
can actually cite and penalize absent members in violation thereof, and,
in accordance with the rules, compel the attendance of absent members.
Now what about the others with respect to the voting majority and their
relation to quorum? Based on the different provisions of the Constitution:
Now even if Section 16(3) is not there [Each House may determine the
rules of its proceedings, punish its Members for disorderly behavior, and,
with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty
days], the principle is that Congress, and any of its committees, shall
have the power to promulgate its own rules of proceedings. The reason
why that section is there is because of the requirement of limitation of
these rules since they affect members or persons who are not members
of the Congress. They [rules] must have to be published. Otherwise,
they shall not take effect and will not affect the rights of persons who are
not members of the Congress.
Discipline of Members
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The question here has always been on the interpretation of the law.
Which should prevail: what appears in the bill as enrolled or what
appears in the journal as discussed?
You have come across a lot of cases in which the Supreme Court has
tried to go to the Congressional Records to determine the meaning of a
provision, to determine the intent of Congress when it enacted a law with
respect to a particular provision, words or phrases as may be found
therein.
So if there is an issue asked on that, how should the court construe it?
Should it be based on what appears in the law, meaning the bill as
enrolled, or what appears and deliberated upon by the Congress on the
journal?
What are included in the journal anyway? In your outline there is a listing
there:
1.
2.
3.
4.
5.
Those are the matters which would have to be, constitutionally, entered
in the journal. So, if the question relates to any of these matters, the
journal should prevail. So, was there a quorum? Did the yeas vote win
over the no votes for the passage of the bill? Or what was the reason of
the president in not approving and in giving his veto on a particular bill?
So, those matters must have to be answered by what appears and are
recorded in the journal.
But when the issue is on what the law is, it should be the enrolled bill
which should be consulted and should prevail.
No matter what the journal entries provide in the summary, the ultimate
test is the final version of the bill, as certified, enrolled and which
eventually became a law. If there was something lost, however, in the
b.
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journal must not be given weight or even admitted to
change the tenor thereof. It is violative of your parole
evidence rule.
SESSIONS
ELECTORAL TRIBUNAL
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allowing his removal also in the Electoral Tribunal, party disloyalty must
be other than defying the wishes of a party with respect to a case
pending before an electoral tribunal.
But for any other kind of party disloyalty like failure to attend 5
consecutive meetings, failure to pay your annual dues which are
grounds for expulsion in a partythose are valid grounds. And if you are
removed from the party, obviously you can no longer sit in the Electoral
Tribunal. Those party disloyalty grounds would still be valid as a basis
for removing you eventually from the Electoral Tribunal.
You may have read in the papers that the composition of the JBC now
has been questioned because the Constitution says a representative of
Congress. Because of that mistake since the Constitution was had,
theres always been one Senator and one Member of the lower house
sitting in the JBC each of them having half a vote. During the time of
Chief Justice Puno, that has been changed. Each would have 1 vote
each. So from 7 members of the JBC, now they have 8. Thats why its
much more difficult to get a majority now because you have to pay,
sorry, you have to talk, to sell yourself to 5 individuals. Before, in a
seven-member body you have to sell yourself to 4 but since the [number
of] voting was changed during CJ Punos time, then you have to sell
yourself to 5. Much more difficult. Okay.
The Electoral Tribunal, in relation to the CA. When the Constitution says
proportional representation, I do not know if you know that there is a
party list representative sitting in the CA now. How could a party list
representative sit on the Commission of Appointments? Again this is by
political accommodation but if you are strictly to follow the rule on
proportional representation, its your number of members in the house
divided by the total number of members in the house. The result will be
your proportion. So how many seats would a party have under the Party
List system? Three (3). In a house now with 280 members, will the three
get a seat? But you know these are by accommodations. That is not by
the Constitution on proportional representation.
The functions of the Electoral Tribunal. It exercises strictly quasi-judicial
power. While the Constitution says it is the sole judge of all contests
relating to the elections, qualifications, and returns of its members, it is
still exercising quasi-judicial functions.
The sole judge as a term has been used to emphasize that there is no
other body, entity or court which will exercise jurisdiction over these
casesonly the Electoral Tribunal.
The term sole judge is also used to define the independence of the
Electoral Tribunal. Being the sole judge, its members are considered
judges in that respect, meaning, they could not be removed unless for
cause (just like judges they enjoy security of tenure at the very least).
They could be removed for valid and just causes only. And while party
disloyalty may be a ground for removing a member from a party, thereby
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COMMISSION ON APPOINTMENTS
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POWERS OF CONGRESS
Art. VI. Section 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.
It grants Congress the power to exercise legislative powers, and the first
limitation there is : except to the extent reserved to the people by the
provision on initiative and referendum.
Section 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a petition
therefor signed by at least ten per centum of the total number of registered voters,
of which every legislative district must be represented by at least three per
centum of the registered voters thereof.
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one of the Houses of congress shall sit, it must inform the other house.
Or if the adjournment of one House is longer than 3 days, it should also
inform the other House; otherwise, there is no Congress. (There is
Congress when two houses of Congress are functioning. If there is only
one that is functioning, as one has adjourned earlier than the other, then
Congress is deemed to be in automatic adjournment). That is why, by
practice, the calendars of both Houses are always harmonized in the
sense that they shall have simultaneous sessions for both.
OTHER LIMITATIONS
SUBSTANTIVE LIMITATIONS
Section 25.
The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The
form, content, and manner of preparation of the budget shall be prescribed by
law.
No provision or enactment shall be embraced in the general appropriations bill
unless it relates specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the appropriation to
which it relates.
The procedure in approving appropriations for the Congress shall strictly follow
the procedure for approving appropriations for other departments and agencies.
A special appropriations bill shall specify the purpose for which it is intended, and
shall be supported by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue proposal therein.
No law shall be passed authorizing any transfer of appropriations; however, the
President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in
the general appropriations law for their respective offices from savings in other
items of their respective appropriations.
Discretionary funds appropriated for particular officials shall be disbursed only for
public purposes to be supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.
If, by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general appropriations
law for the preceding fiscal year shall be deemed re-enacted and shall remain in
force and effect
Section 28.
The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.
The Congress may, by law, authorize the President to fix within specified limits,
and subject to such limitations and restrictions as it may impose, tariff rates,
import and export quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development program of the
Government.
Charitable institutions, churches and personages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and
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No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.
Section 29. No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
No public money or property shall be appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, other religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned to the armed forces, or to
any penal institution, or government orphanage or leprosarium.
All money collected on any tax levied for a special purpose shall be treated as a
special fund and paid out for such purpose only. If the purpose for which a special
fund was created has been fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the Government.
Section 30. No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice and
concurrence.
Section 31. No law granting a title of royalty or nobility shall be enacted.
Art. XIV, 4 (3)
All revenues and assets of non-stock, non-profit educational institutions used
actually, directly, and exclusively for educational purposes shall be exempt from
taxes and duties. Upon the dissolution or cessation of the corporate existence of
such institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may
likewise be entitled to such exemptions, subject to the limitations provided by law,
including restrictions on dividends and provisions for reinvestment.
DELEGATION OF POWERS
Now, non-delegation of powers is based on the supposed exercise of
power by Congress, the Executive and Judiciary. By nature, it has been
delegated to them by the people in their sovereign capacity. So what has
been delegated cannot be delegated further. What they are exercising is
not power in its shrewdest sense but actually an obligation or privilege
having been delegated that power.
The prohibition on non-delegation of power is supposed to be applicable
to all branches of government, but the concentration of the cases and
discussions are on the legislative branch, because it is almost always
Congress that has been delegated the power to legislate not really
the power and discretion to determine what the law is but the power how
the law should be executed. The first cannot be delegated, it remains in
Congress, but as to how the terms of the law shall be implemented or
executed can be delegated.
Can you think of any act which the President must have to do
personally? (We will go to that when we reach the Executive)
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SUBORDINATE LEGISLATION
Ok. Now, the allowable delegations, generally, would be the delegation
of executive offices. That is normally referred to as subordinate
legislation. [The rule making power of administrative office]. This rule
making power, to be valid must have to satisfy the requirements:
1.
Germane to the purpose of the law;
2.
Rules must conform to the law;
3.
It must not violate the Constitution.
That would be on the so-called substantive validity, because
procedurally we all know that these rules must have to be submitted to
the UP Law Center for eventual publication in the UP National
Administrative Registry. And if these rules on publication are not
PROCEDURAL LIMITATIONS
When R.A 7160 was enacted, it carried with it Section 16 or the General
Welfare Clause. It provides for two types of delegating authority. First is
the grant of delegated authority as specified by Congress in specific
legislation. The second is the general welfare clause as delegated by
Congress to LGUs, granting them power to promulgate ordinances for
the promotion and protection and enforcement of the general welfare
clause. So one is a specific grant, the other is a general grant.
Now try to read RA 7160, the question has always been, is the
delegation to LGUs based on any existing legislation? No.This is one
exception where the delegation is made valid because of a time
immemorial practice. The delegation to LGUs has been allowed ever
since even if there was no legislation to that effect. Prior to RA 7160 it
has been a bit blurry, but it has been allowed in several cases. The
reason for that, the SC said, is that LGUs are in the position to
determine what the needs of the locals are. These are just matters which
cannot be subjected to national legislation because the conditions or
circumstances may be peculiar with one LGU and not with the other.
Now there is this case, Datu Michael Abas Kida vs. Senate (Feb. 28,
2012). This refers to the law which postponed the ARMM regional
elections for synchronization in the national and local elections. In the
discussion on the passage of bills, the petitioner contended that said bill
did not comply with the procedural requirements under the Constitution.
The SC said that the bill was certified as urgent. When the bill is certified
as urgent, what is it exempted from? Is it exempted from 3 readings?
No. What it is exempted from is the readings in separate days. So
when the session convenes in the morning, the first reading will be the
reading of the title. Then we go automatically to the 2 nd reading. They
argue on it, debate on it, and then print the final form. Then in the
afternoon, they vote on it. That is supposed to be the extent of the
exemption from the coverage of the procedure for passage of bills, if the
bill is certified as urgent.
EMERGENCY POWERS
ART. VI, SEC. 23(2) In times of war or other national emergency, the
Congress may, by law, authorize the President, for a limited period and
subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy. Unless
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What about the printed copies of the final version of the bill prior to
voting? Can the certification (that it is urgent) made by the President
exempt it from such? Read the case. It is a long case. But I (Sir Montejo)
have a difficulty in accepting the proposition of the SC that it is also
exempted. And the final draft can be had later for the President to sign. I
always believed that even if the bill is certified, it is exempted from the
3-day prior to the final reading rule, but it is not supposed to be
exempted from the requirement that the final bill must be printed before
the members of Congress shall vote on it on 3rd reading. So, if it is
certified, yes, you can have 3 readings in one day and you can vote on it
on 3rd reading on the same day. However there must have to be a final
draft, printed at that, exempted from the 3-day prior rule, for the
members to vote on. What the SC suggests in the case of Kida is that
they can vote on it and let the printed copies be there later for the
President to sign. Of course, the President cannot sign if there is no
printed copy.
Now lets go to
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LEGISLATIVE PROCESS
Requirements as to bills
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President
President of the Senate
Speaker of the Lower House
Chief Justice of the Supreme Court
Head of the Constitutional Commission
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not to approve the law during its third and final reading.
The easiest way for Congress to exercise veto is not to process it at all.
For example, on first reading, [you just] read the title and refer it to the
proper committee and let it sleep. And that is a form of a veto.
As to the Presidents veto powers, the general rule is [that the
President should] veto all or none at all. So veto the entire legislation or
approve the entire legislation. The President cannot veto a part and let
the remainder be valid.
However, for purposes of appropriations, revenue or tariff bills, the
President is given the power to veto a part and let the other remaining
parts be valid and effective.
So if the question is asked, when shall a bill become a law without the
Presidents signature? How many instances are there that a bill shall
become a law without the Presidents signature?
1. When the President sits on it, does not return it to Congress
within 30 days from receipt without his veto message, a bill
becomes a law even without his signature.
2. When the bill vetoed by the President is re-passed by
Congress validly. There is no more need for the Presidents
signature for obvious reasons. It will be a circuitous
occurrence. The President will veto it, Congress will re-pass
the veto. If they will let the President sign it, the President will
veto it just the same. There will be no end to the evolution of
that bill.
3. When there is a special elections for the President and Vice
President positions.
Congress shall also have the power, not legislative in character, when it
revokes or extends the martial law declaration or the suspension of the
writ of habeas corpus under Article VII, Sec. 18.
Section 18. 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. In
case of invasion or rebellion, when the public safety requires 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. Within fortyeight 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 jointly, by a vote of at least a
majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the
President. Upon 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
requires it.
Then the final item as to the power of the President to veto not related to
Section 27 is the so called veto based on the Doctrine of Inappropriate
Provision.
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.
Congress shall also have the power to call special elections where both
the offices of the President and Vice President are vacant. This is one
location where [since Congress has to enact a law calling for a special
elections, then it shall meet without need of call] the bill calling for the
special election shall be deemed as certified as urgent. There is no need
to certify as to the availability of funds. This is exempt from that. And this
is also exempt from the signature of the President. This bill will become
a law without the signature of the President for the simple reason that
there is no President to sign.
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Congress shall also have that power to declare the existence of war. We
have made mention that the power to declare the existence of a state of
war is not to declare war because under Article 2 we abhor war as a
policy. The declaration of the existence of state of war is just a
declaration that there is a state of war in the country. This is to facilitate
all actions of the State towards the war efforts.
Congress shall also have the power to decide on the Presidents
physical fitness and capacity (because of the temporary incapacity
during the term of the President). It shall only decide these questions if
the issue is contested by the President. Supposedly, the President is
given the discretion or initiative to declare himself incapacitated
temporarily and that shall make the Vice President assume the position.
Or if he is not willing to do so, the majority of the members of the cabinet
can declare him to be temporarily incapacitated for which the President
may or may not accept it. If the President accepts it, the Vice President
EXECUTIVE DEPARTMENT
Qualifications of the President. Theres nothing much to it.
What is meant by the ineligibility of the President to seek re-election?
Should the re-election be for consecutive re-election or should it be reelection at any other time?
In this case of Pamatong vs. Estrada, the SC could have the occasion
of deciding on the issue of whether or not Estrada is disqualified to seek
re-election the Presidency. His circumstance does not involve automatic
re-election. His circumstance is that he was once a President and then
he wanted to be re-elected at some other time. But as we all know in this
case of Pamatong, the SC dismissed the petition because there was no
need to decide the issue since Estrada did not win.
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Ok. Now, let us continue with the rules on succession with respect to the
Office of the President.
THE RULES ON SUCCESSION ARE AS FOLLOWS:
1.
2.
3.
4.
5.
6.
If the President has not been chosen but the Vice President
has been chosen after an election then the Vice President
shall sit as acting President until the President is chosen.
If a President has been chosen but has yet to qualify, then
the Vice President shall be acting as President until the
President chosen has qualified.
If at the beginning of the term the President dies, or becomes
permanently disabled, the Vice President becomes the
President.
If during the term the President elect has been disabled or
has died or has become permanently disabled, or has been
removed or has resigned, the Vice President becomes the
President.
Now, if there is no President and Vice President at the
beginning of the term, then the Senate president or the
Speaker of the House shall act as President until a President
or a Vice President has been chosen and/or has qualified.
If during the term for the same reasons, there is no President
and Vice President, still the Senate president and the
Speaker of the House in case of inability of the Senate
president to act as president shall be the acting president.
They shall not hold any other office or employment during their term.
Compared to members of Congress with respect to incompatible office
and forbidden office (applicable to Congress), there is no prohibition
except for members of Congress who are lawyers making personal
appearance before the courts or tribunal. Thats the extent of the
prohibition. But with the President or the executive, the prohibition is
complete. They shall not hold any other office nor should they be
engaged in any employment. The only exception there is the ex-officio
position. Now, that ex-officio position has been the matter of discussion
in the case of CLU vs. Executive Secretary as discussed also in this
case of Betoy vs. Board of Directors.
Now, this Betoy vs. Board of Directors involves the board of director of
the National Power Board. When the EPIRA (Electric Power Industry
Reform Act of 2001) was passed, there were provisions there
specifically sections 11, 48 and 52 creating the PSALM (Power Sector
Assets and Liabilities Management Corporation), creating the
TRANSCO (National Transmission Commission) and the National Power
Board where some cabinet members are supposed to sit e.g. the
Department of Energy secretary, and the Department of. Now, as an
offshoot in this case of Betoy, there was an issue of whether or not
sections 11, 48 and 52 of the EPIRA are violative of the prohibition to
hold additional positions in the office of the executive family in relation to
Sec. 13 of the Constitution. The SC said that they are not because they
are ex-officio positions. As discussed in CLU vs. Executive Secretary
which was quoted substantially the case of Betoy, the Supreme Court
said that in ex-officio positions, the additional tasks are deemed included
in the primary functions of the office. The function there is indicative of
the order of importance, meaning, if it is important to the position (like
the Secretary of Finance sitting as member of the Monetary Board), that
is considered as part of the primary functions of the office . Second, it
must not be by reason of an appointment. The SC in Betoy clarified that
in appointment, there is a right to claim benefits from an office. But in exofficio positions you are just merely designated. There is no
appointment; there is only designation. Third, there must be no
additional pay, the reason being that the salaries and benefits of a
primary office deemed to include the additional task to be done by
reason of the additional designation. So what is important is that these
members of the Cabinet sitting in other agencies will not receive
additional remuneration including per diems (Section 14, EPIRA). There
is a provision there that members of the board: TRANSCO, PSALM and
the National Power Board are entitled to receive per diems. The SC
clarified that in order to give meaning to the provision of the EPIRA, that
provision in section 14 on per diems entitlement shall not be applicable
to members of the cabinet because they are getting paid by their primary
offices.
The other prohibition there would be on the practice of profession,
business, as well as financial interests with government offices,
GOCCs, administrative agencies, instrumentalities or subsidiaries. With
respect to the President in relation to his appointive power, he is
prohibited from appointing his spouse and any relative within the 4 th civil
degree by consanguinity and affinity to the Constitutional Commissions,
the office of Ombudsman, or as secretaries or undersecretaries, chair
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EXECUTIVE POWER
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On 21 May 2008, CHED issued CHED Memorandum Order No. 21, Series of
2008 (CMO 21, s. 2008) extending the deadline for six months from 27 May 2008
for all existing independent review centers to tie-up or be integrated with HEIs in
accordance with the RIRR. On 25 November 2008 Resolution, SC resolved to
require the parties to observe the status quo prevailing before the issuance of EO
566, the RIRR, and CMO 21, s. 2008.
Issues: 1. Whether EO 566 is an unconstitutional exercise by the Executive of
legislative power as it expands the CHEDs jurisdiction [Yes, it expands CHEDs
jurisdiction, hence unconsititutional]; and
2. Whether the RIRR is an invalid exercise of the Executives rule-making power.
[Yes, it is invalid.]
Held/Ratio: 1. The scopes of EO 566 and the RIRR clearly expand the CHEDs
coverage under RA 7722. The CHEDs coverage under RA 7722 is limited to
public and private institutions of higher education and degree-granting programs
in all public and private post-secondary educational institutions. EO 566 directed
the CHED to formulate a framework for the regulation of review centers and
similar entities.
The definition of a review center under EO 566 shows that it refers to one which
offers "a program or course of study that is intended to refresh and enhance the
knowledge or competencies and skills of reviewees obtained in the formal school
setting in preparation for the licensure examinations" given by the PRC. It does
not offer a degree-granting program that would put it under the jurisdiction of the
CHED. A review course is only intended to "refresh and enhance the knowledge
or competencies and skills of reviewees." Thus, programs given by review
centers could not be considered "programs x x x of higher learning" that would
put them under the jurisdiction of the CHED. "Higher education," is defined as
"education beyond the secondary level or "education provided by a college or
university."
Further, the "similar entities" in EO 566 cover centers providing "review or tutorial
services" in areas not covered by licensure examinations given by the PRC,
which include, although not limited to, college entrance examinations, Civil
Services examinations, and tutorial services. These review and tutorial services
hardly qualify as programs of higher learning.
2. ) The exercise of the Presidents residual powers under Section 20, Title I of
Book III of EO (invoked by the OSG to justify GMAs action) requires legislation;
as the provision clearly states that the exercise of the Presidents other powers
and functions has to be "provided for under the law." There is no law granting the
President the power to amend the functions of the CHED. The President has no
inherent or delegated legislative power to amend the functions of the CHED
under RA 7722.
The line that delineates Legislative and Executive power is not indistinct.
Legislative power is "the authority, under the Constitution, to make laws, and to
alter and repeal them." The Constitution, as the will of the people in their original,
sovereign and unlimited capacity, has vested this power in the Congress of the
Philippines. Any power, deemed to be legislative by usage and tradition, is
necessarily possessed by Congress, unless the Constitution has lodged it
elsewhere.
The President has control over the executive department, bureaus and offices.
Meaning, he has the authority to assume directly the functions of the executive
department, bureau and office, or interfere with the discretion of its officials.
Corollary to the power of control, he is granted administrative power.
Administrative power is concerned with the work of applying policies and
enforcing orders as determined by proper governmental organs. It enables the
President to fix a uniform standard of administrative efficiency and check the
official conduct of his agents. To this end, he can issue administrative orders,
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Of course, there are some violations in law but largely they are not as
strict as an ordinary bureaucrat in government offices. In some other
lower offices, they would require you to be a career executive official,
who must have to be a CESO. But for members of the Cabinet, it does
not matter because the trust and confidence is the primary qualification
for the appointment. So, it is based on the power to appoint them and
not on the power of control.
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Now Gaite appealed further before the Office of the President but it
dismissed the appeal on the ground that the Office of he President will
only entertain petitions for review if the penalty is Reclusion Perpetua to
Death. Now Gaite said that MC # 58 is violative of the principle of
Qualified Political Agency because it denies the President the power to
control the decision of the cabinet Secretary (in this case the DOJ Sec).
The SC said that there is no violation. The reasoning being is that the
Doctrine of Qualified Political Agency merely allows the President to
delegate some of its powers. If it does not delegate it, then fine. But if he
delegates it in such a way that it allowed it to decide with finality (like in
the case of the MC #58), then that is valid. Unless the Constitution or the
law requires the President to act on the matter personally, all the acts of
the president can be delegated.
The President's act of delegating authority to the Secretary of Justice by virtue
of said Memorandum Circular is well within the purview of the doctrine of
qualified political agency, long been established in our jurisdiction.
Under this doctrine, which primarily recognizes the establishment of a single
executive, "all executive and administrative organizations are adjuncts of the
Executive Department; the heads of the various executive departments are
assistants and agents of the Chief Executive; and, except in cases where the
Chief Executive is required by the Constitution or law to act in person or the
exigencies of the situation demand that he act personally, the multifarious
executive and administrative functions of the Chief Executive are performed by
and through the executive departments, and the acts of the secretaries of such
departments, performed and promulgated in the regular course of business,
are, unless disapproved or reprobated by the Chief Executive, presumptively
the acts of the Chief Executive."
XXX
It is quite evident from the foregoing that the President himself set the limits of
his power to review decisions/orders/resolutions of the Secretary of Justice in
order to expedite the disposition of cases. Petitioner's argument that the
Memorandum Circular unduly expands the power of the Secretary of Justice to
the extent of rendering even the Chief Executive helpless to rectify whatever
errors or abuses the former may commit in the exercise of his discretion is
purely speculative to say the least. Petitioner cannot second-guess the
President's power and the President's own judgment to delegate whatever it is
he deems necessary to delegate in order to achieve proper and speedy
administration of justice, especially that such delegation is upon a cabinet
secretary - his own alter ego.
Nonetheless, the power of the President to delegate is not without limits. No
less than the Constitution provides for restrictions. Justice Jose P. Laurel, in his
ponencia in Villena, makes this clear:
Next question
What are the acts which the President cannot delegate and must do
personally? These are some but the list is NOT EXCLUSIVE:
1.
2.
3.
4.
GENERAL SUPERVISION
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POWER OF APPOINTMENT
In the case of JOSON vs. TORRES, the question here was on the power
of the DILG to discipline elective officials. So it depends upon the
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AD INTERIM APPOINTMENTS
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Then the case of Pimentel vs. Ermita speaks of the question of the ad
interim appointment. Now ad interim appointment as distinguished from
a regular appointment is that the former is technically used only for an
appointment made while the Congress is NOT in session that requires
CA confirmation.
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finds the designation of the respective members of the Cabinet, as exofficiomembers of the NPB, valid.
Hence, Congress specifically intended that the position of member of the
Board of NPB shall be ex-officio or automatically attached to the respective
offices of the members composing the board. It is clear from the wordings
of the law that it was the intention of Congress that the subject posts will be
adjunct to the respective offices of the official designated to such posts.
However, these concerned officials should not receive any additional
compensation pursuant to their designation and or per diems and
allowances since they are prohibited from collecting additional
compensation by the Constitution.
Section 14 of the EPIRA provides: Board Per Diems and Allowances.
The members of the Board shall receive per diem for each regular or
special meeting of the board actually attended by them and, upon approval
of the Secretary of the Department of Finance, such other allowances as
the Board may prescribe.
Considering the constitutional prohibition, it is clear that such emoluments
or additional compensation to be received by the members of the NPB do
not apply and should not be received by those covered by the constitutional
prohibition, i.e., the Cabinet secretaries. It is to be noted that three of the
members of the NPB are to be appointed by the President, who would be
representing the interests of those in Luzon, Visayas, and Mindanao, who
may be entitled to such honorarium or allowance if they do not fall within
the constitutional prohibition.
Section 14, Art VII. An appointment of an Acting President is only temporary
subject to revocation of the incoming President.
Section 15, Art VII
Two months immediately before the next presidential elections and up to
the end of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or
endanger public safety.
Sir mentioned an old case, Aytona vs. Castillo. In this case former
President Garcia made some midnight appointments. The SC ruled that
said appointments were prohibited not only because of the numerous
appointments made but more importantly because the appointments
and taking of oath were hurried before the end of his term.
But the 1987 Constitution is very specific with the prohibited period.
The President is given allowance: only temporary appointments when
the position affects public safety.
Question: does the prohibition on the President [in making midnight
appointments] apply to Local Chief Executives? No. As long as Civil
Service Law was observed, there was no such appointment ban in the
LGU. This is further illustrated in De Rama vs. CA.
Question: Can the incumbent President appoint a Chief Justice during
the period covered by Section 15, Art VII?
In In re Valenzuela, the court ruled that the Judicial Department is
covered by the subject prohibition in Section 15, Art VII. But in DE
Question: Which of these two sections, Sec 15, Art VII or Sec. 4 (1) Art
VIII, prevails? The latter provision (vacancy must be filled up) must
prevail over the former provision.
In summary, Sections 14-16 Art VII refer to the delegation of the
appointing authority of the President subject to the confirmation of CA.
It is not applicable to the Judiciary. The intent is to shield the judiciary
from the processes of the executive.
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Had the framers intended to extend the prohibition contained in Section 15,
Article VII to the appointment of Members of the Supreme Court, they could
have explicitly done so. They could not have ignored the meticulous ordering of
the provisions. They would have easily and surely written the prohibition made
explicit in Section 15, Article VII as being equally applicable to the appointment
of Members of the Supreme Court in Article VIII itself, most likely in Section 4
(1), Article VIII. That such specification was not done only reveals that the
prohibition against the President or Acting President making appointments within
two months before the next presidential elections and up to the end of the
Presidents or Acting Presidents term does not refer to the Members of the
Supreme Court.
EXECUTIVE CLEMENCY
Parts of the power of the President under Article VII Section 19 are by
nature executive and discretionary. They are also considered final and
unappealable. For so long as there is no violation of any constitutional
precondition or requirement, the grant of Presidential pardon or
presidential clemency is supposed to be final and unappealable. That is
the essence of the ruling in Drilon vs CA.
Now the first requirement for the President to validly exercise his
clemency power is that there must have to be a conviction by final
judgment. That conviction by final judgment is a reiteration of the original
draft in the 1973 Constitution. Before, we follow practically the pardoning
power of the US President from the Jones Law down to the 1935
Constitution (i.e. that once an act is committed, even if there is no
conviction by final judgment yet, an accused can be pardoned by the
President). So there is conviction by final judgment if:
(1) there is no appeal taken;
(2) the accused has applied for probation;
(3) the accused ha already started serving his sentence;
(4) there is a waiver of the right to appeal.
Only then can the conviction be considered to be final and thereafter the
President can now grant clemency. There is no limitation as to time, as
to the character of the beneficiary, as to the nature of the offense
committed for which he has been convicted whether its heinous or less
grave. That doesnt matter.
Theres a special provision, however, which requires the concurrence of
the COMELEC for those who have been convicted by final judgment of
any election related offense. Any executive clemency involving these
offenses must have the favorable recommendation of the COMELEC.
Now with respect to amnesty, majority vote of Congress is required. This
a shared power of the Executive and the Legislative because the act of
amnesty is considered to be an act of the sovereignty. It causes oblivion
to any act which by law should have been penalized. In the grant of
amnesty there is no requirement of final judgment for the simple reason
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During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.
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Ratio Decidendi: The Solicitor Generals refute that the case has been
moot and academic was not upheld by the Court. According to the
Supreme Court, courts will decide cases otherwise found moot and
academic if: there is grave Constitutional violation, the situations
exceptional character and paramount public interest involved, issue raised
requires formulation of controlling principles to guide the bench, bar and
public, and lastly it is capable of repetition yet evading review. Petitioner
was found to be of legal standing on the grounds that his personal rights
were involved. The petitioner qualifies under the direct injury test. The
personal and substantial interest in the case such that he has sustained,
or will sustain direct injury qualifies him to impugn the validity of the
statute. To wit some of these direct injuries he sustained are the illegal
arrest and unlawful search he experienced. Given this fact, the court
entertained his petition as he has adequately shown that he entitled to
judicial protection. However, the court does not liberally declare statutes
as invalid although they may be abused and misabused and may afford
an opportunity for abuse in the manner of application. The validity of a
statute or ordinance is to be determined from its general purpose and its
efficiency to accomplish the end desired, not from its effects in a particular
case. The Court ruled that the assailed PP 1017 is unconstitutional insofar
as it grants President Arroyo the authority to promulgate decrees, taking
into consideration that legislative power is vested only in congress. The
Court partly grants the petitions. PP 1017 is constitutional insofar as it
allows the President to call the AFP to prevent or suppress lawless
violence. However, commanding the AFP to enforce laws not related to
lawless violence are declared unconstitutional. Such proclamation does
not also authorize the President to take over privately-owned public
utilities or business affected with public interest without prior legislation.
General Order No. 5 is constitutional as it is a standard on how the AFP
and PNP would implement PP1017, but portion where acts of terrorism
has not been defined and punishable by congress is held unconstitutional.
Furthermore, the following acts of the government were held
unconstitutional: warrantless arrest of the petitioner, dispersal and
warrantless arrests of rallyists in the absence of proof that said petitioners
were committing acts constituting lawless violence, invasion or rebellion,
or violating BP 800; imposition of media standards and any form of prior
restraint on the press, as well as warrantless search of the Tribune Offices
and whimsical seizure of its articles for publication and other materials.
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offenses not included in those two will not be covered by the suspension
of the privilege.
Now when martial law is declared, the Constitution says that it will not
affect all the rest of society. First, the Bill of Rights will still be effective.
The other institutions of government will not be affected especially
Congress and the courts. The military courts shall have no jurisdiction
over civilian offenses. Well, that is ideal. But if it were to be if what is
referred to is actual theater of war, you dont expect the civilian
government to function.
Martial law is declared so that the State can act on the invasion or
rebellion. All the other institutions of government should still function.
Jurisdiction should still remain where it should be under the law simply
because a Constitution should not lose its effect even if there is a
declaration of martial law.
Now, the President is supposed to make a report to Congress within a
period of 48 upon declaration of martial law and suspension of the
privilege of the writ. Congress will assess whether it will remove the
declaration or suspension. It just happened a few years back when the
province of Maguindanao was placed under martial law and because of
which Congress had to be in joint session as required by the
Constitution to receive the report of the President. At that time the
Executive Secretary, the DOJ Secretary and the heads of the major
services of the military were there to make recommendations to
convince Congress that the declaration should not be revoked.
This was not acted upon by Congress simply because this was
overtaken by events. GMA lifted the declaration even before Congress
decided. This was the first time that reportorial requirement in Article VII
Section 18 was made. Congress had to hurry up the drafting of the rules
because everybody wants to have his share of the so-called 15 minutes
of fame. They agreed that each would have, I think, something like 10
minutes subject to extension if granted by the presiding officer. The first
to ask, for historical purposes, is Senator Benigno Aquino because he is
surname starts with letter A.
Ok, the declaration of martial law or the suspension of the privilege of
the writ of habeas corpus can lose its efficacy in four ways:
1. The president lifts it himself
2. Congress revokes it
3. Supreme Court modifies it or
4. by operation of law
The declaration of martial law or the suspension of the privilege of the
writ can be for any period, but the first period must not be more than 60
days. So it can be shorter than 60, or if there is a need to extend this,
the President can always ask Congress for extension.
So lets say before the duration or period, the president lifts it (like what
PGMA did), then it will still lose its efficacy even if the period has not yet
lapsed. Or when Congress revokes it when the President makes his
report, or when the Supreme Court modifies it.
In the case of Lansang vs. Garcia, the issue was whether or not the
declaration of martial law and the suspension of the privilege of the writ
is a justiciable or a political question.
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This is a side note. When Corona was impeached, JPE (Juan Ponce
Enrile) gave the longest speech actually. And for those of you from the
generation after martial law were all praises for the man. And there was
one student (already a lawyer) and young at that , shouted out in his
Facebook account how [he admired the man]. And I said we should
not forget his sins in the past. You know when a man is about to be put
in his grave, perhaps, there is a chance for him to redeem himself. But
you ask the martial law victims, theres no redeeming (value) even if JPE
ousted the Chief Justice who is corrupt. That is not enough to redeem
him from his sins of the past. Then I suggested to him, try to read first
about the man, what he has done before you praise him as if he were
Gods son.
So before and during the martial law years, declaration (of martial law)
or suspension is always a political question. It cannot be questioned no
matter what. Its for the President to exercise the power based on his
discretion and that is supposed to be a question which the Court cannot
inquire.
But the case of Lansang vs. Garcia, decided before martial law was
proclaimed, involves the suspension of the privilege of the writ of
habeas corpus. The Supreme Court said in that case that this is a
justiciable question. The courts can inquire whether the exercise of the
power was what is written in the Constitution.
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Again, while this is justiciable now, the extent of the decision is whether
there is sufficient factual basis for such declaration or suspension.
Sufficiency is on the existence of facts not as to whether these facts are
true or not. Mostly, the decisions of the President are based on verified
reports from the intelligence community. We all know that there is
something wrong with intelligence when this is exercised by the
Transcribed by: IV-Manresa, 2012-2013
Asong (Editor)Kintanar,KCaeteDumandanAlonzo EvangelistaLaman DiniayKintanar,LPendatunPinoonGoPangandaman
DumaganLimbo-CabuhatBelenRubinosMagabilenTrinidadLeyesGiveroTravillaElmanParasTinapayOrculloMaclaLadeza
LinogCalizoCarcedoPaguicanTorres
Ad Majorem Dei Gloriam!
TREATY MAKING
TREATY
DISTINGUISHED
AGREEMENT
FROM
EXECUTIVE
The other matter with respect to treaty is the distinction with respect to
treaty and executive agreement. So while a treaty is usually of political
nature (it affects the state in a more or less permanent order), an
executive agreement establishes policies which are more or less
temporary.
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LEGISLATION;
MEASURES
POWER
OVER
APPROPRIATION
EXECUTIVE IMPOUNDMENT
The President enjoys several forms of immunity. The first that would
come to mind would be the immunity of the president under the Concept
or Doctrine of State Immunity from Suit. If a public officer is sued in his
official capacity and ultimate liability shall rest upon the State, and if the
President is made defendant in a civil case, the President can claim
immunity under the State immunity doctrine, provided that he be
performing official functions without any of those qualifying
circumstances such as grave abuse of discretion and the like. He can
claim immunity under that principle.
Also as head of state, the President outside the Philippines can claim
immunity being the head of mission. If he is the head of mission under
the 1961 Vienna Convention of Diplomatic Immunity, the President is
supposed to enjoy absolute immunity personal as well as official acts
of the State are covered. He cannot be placed under application of the
laws of the foreign country.
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And the third kind of immunity the President enjoys here in our
jurisdiction is under the Concept of Impeachable Officers. We all know
that impeachable officers are immune from any kind of case with which
will effectively remove them from office. They must have to be
impeached first before any case would prosper. If a case filed against
the sitting President is one which will effectively remove him from office,
then he could claim immunity, being an impeachable officer. So you
must impeach him first before he could be sued or be removed from
office.
The last kind (the usual) applicable in all jurisdictions would be that the
President must be immune to suit while sitting as President. It is under
the same concept and principle and by analogy of the State being
immune from any suit. If the President is not immune from suit, there
might be a hesitation on his part to act immediately as chief executive
officer of the country because of the fear that he may be subjected to
any suit later on. So while sitting as a President, he is supposed to be
immune from any and all kinds of cases. In the Philippines, the principle
is that regardless of when the cause of action has come to being or has
existed, provided that the President is still sitting as President, he is
immune from any kind of suit regardless of whether the suit would
remove him from office.
In the cases that we have encountered involving the Office of the
President, the respondent is the Office of the President and not the
President himself. In the case of People vs. Beltran and Soliven, the
SC had said that the sitting President is immune from any kind of case.
However, that immunity is claimable only by the sitting President. If you
remember in that case, the accused Beltran et al. claimed immunity for
the President arguing that if this case for libel against them will prosper
not only will it have a chilling effect on the freedom of speech of the
media, it will also open the President to any counterclaim thereby losing
her immunity. The SC said it is her immunity, it is her privilege, it is for
her to claim. It cannot be claimed by anybody else.
JUDICIAL DEPARTMENT
COMPOSITION
ART. VIII SEC. 4. - (1) The Supreme Court shall be composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or in its discretion, in division
of three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.
(2) All 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 required 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 majority of the Members
who actually took part in the deliberations on the issues in the case and voted
thereon.
(3) Cases or matters heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case without
the concurrence of at least three of such Members. When the required number is
not obtained, the case shall be decided en banc: Provided, that no 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.
In the old resolution of the SC dated February 7, 1989, which took effect
on March 1, 1989, the SC in Circular 2-89 reiterated and emphasized
the principle that there is only one Supreme Court. Even if the SC is
sitting in divisions of five members as of the moment because it could sit
in divisions of 3, 5 or 7 members, theres still only one SC. Now there
are three divisions consisting of five members each. There is only one
SC and a division decision is still considered a decision of the entire SC.
Circular 2-89 emphasizes the principle by stating that the en banc court
is not a review court of the division of the SC.
A case which is being handled by the division can be referred to the
court en banc provided:
1.) that there has been no decision or resolution by the division;
2.)
3.)
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2.)
When the division vote is not met, the case may be referred
to the SC en banc;
3.)
4.)
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Now in this case of City of Tagaytay vs. Guerrero this reiterates the
rule that a decision of the division or by the court en banc must have to
be reversed by the court en banc. Second is the principle on case law,
i.e., that the decision of the case is the law between the parties. What
happened in this case was there was a foreclosure sale for failure to pay
real estate taxes, real property taxes. The City of Tagaytay won, which
filed a petition for the issuance of title in its favor. When the decision of
the RTC was rendered, the RTC granted the petition all the way to the
Court of Appeals but the SC reversed the decisions of the lower courts
on the ground that the foreclosure or the public auction sale based on
the tax delinquency was not valid because the City of Tagaytay had no
authority over the lands, the lands in question being situated in Batangas
and not in Tagaytay. So all the proceedings from the imposition of the
tax to the delinquency to the public auction sale and all the rest were
nullified by the SC.
In another case, there was a petition involving the declaration of nullity of
an auction sale. The RTC decided that the foreclosure sale is invalid
again based on the same reasoning as the Tagaytay case, i.e., that the
lands in question were not within the City of Tagaytay. The City of
Tagaytay appealed to the SC wanting the SC to declare that the
properties were actually in Tagaytay and not in Talisay, Batangas. So
the SC said when the first decision was rendered it already became final
and executory. It is now the rule between the parties.
With respect to the SC, the appointment shall be made by the President
within 90 days from the occurrence of the vacancy, not from the
submission of the list. Ninety (90) days from the submission of the list for
lower collegiate courts and lower courts. We have a case here, in the
case of seniority for appointments. How is seniority determined? By law,
seniority is determined by the date of appointment. Now if you were
appointed on the same date, the seniority is determined by the order of
the appointment. So if there is appointment through a piece of paper and
there are four names there, the first on the list would be the most senior.
Does it require the acceptance of the appointee? The SC said NO. An
appointment is complete once it is made. It is not dependent upon
acceptance, at least with respect to the Judiciary. What the appointee
receives is actually a commission; you dont receive anything except a
commission. Your appointment is perfected once it is made. The SC will
just grant you the commission; something like its a way of confirming i.e.
confirming that you have been appointed to the court. Conferment. But
your seniority is based on the date of appointment. If there are several
appointments on the same date, then the order of which the appointment
appears made by the President and not dependent on any other, much
more on the acceptance of the nominee or the appointee.
SALARIES
How are judges removed? They are removed for a valid or natural
cause. The removal is through an administrative case under the
JURISDICTION
This case of Ongsuco vs. Malones involves judicial review and the
concept of judicial restraint.
What is the concept of judicial restraint? Under the separation of powers,
courts are supposed to exercise their duty when they exercise judicial
review. It is not a power per se exercised over the others. It is a duty, an
obligation under the Constitution to ensure that there is no
encroachment into the constitutionally limited powers of each branch of
government. We also have mentioned in judicial review that all courts
may exercise judicial review. One of the conditions for that exercise is
that it must have to be raised at the earliest opportunity. And normally,
as what we have seen, it has to be raised when it is tried at the first
level. You cannot change your theory on appeal. Remember the case of
Yrasuegi, if Im not mistaken, the steward who have failed the weight
requirement. The guy was given opportunity to comply but he was
eventually terminated. He filed a case in the NLRC for illegal dismissal.
But when the case reached the SC, he changed his theory. He added a
new cause on constitutional ground, that the provision violates equal
protection of the laws. He said it is discriminatory against fat people like
me, that he cannot be a steward. SC said he cannot do that, he cannot
change his theory on appeal.
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foreclosure ruling that this is not the very same property. CA affirmed.
DBP is strategically asking the SC to rule that the untitled property
mortgaged in 1962 is the same titled property they actually foreclosed
recently. Now is that a question of fact or question of law?
The SC said that it is a question of fact because it has nothing to do with
the application of the law but it has to dwell on the evidence of the case.
And the principle has always been that the SC is not a trier of facts but a
trier of law.
However, there are instances when the SC would have to decide even
on questions of facts and not necessarily limit itself with questions of
law. A good example would be to test the sufficiency of the factual basis
of declaration of martial law or suspension of the privilege of the writ of
habeas corpus. It is not filed anywhere but the SC. The SC will really
have to look into the factual issues and rule whether these facts are
sufficient to sustain the proclamation or declaration.
What else? Of cases covered under the original jurisdiction of the
Sandiganbayan where the crimes are specified and the officers with
Salary Grade 27 and up. The case is initially filed in the SB but when it is
appealed to SC, the SC is forced to look into the facts of the case.
And when death penalty was still imposable, the SC cannot do anything
but to take note of the facts because of the seriousness of the penalty.
Again, these are more of the exceptions than of the general rule.
There is one more case that happened here in Davao, RTC 11, Judge
Europa declared that provision in the RPC on vagrancy as
unconstitutional because she did not think that vagrancy is valid. That it
violates the process and other constitutional rights. The SC reversed the
ruling but eventually Congress passed a law decriminalizing vagrancy.
You see theres some merit perhaps in what the judge had decided on
because eventually Congress enacted a law decriminalizing that form of
vagrancy and redefined it. It must have to do something with prostitution
in which they are habitually engaged in
[Rubinos, Rona]
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Under the 1935 Constitution, the power of this Court to promulgate rules
concerning pleading, practice and procedure was granted but it appeared to be
co-existent with legislative power for it was subject to the power of
Congress to repeal, alter or supplement. Thus, its Section 13, Article VIII
provides:
"Sec. 13. The Supreme Court shall have the power to promulgate rules
concerning pleading, practice and procedure in all courts, and the admission to
the practice of law. Said rules shall be uniform for all courts of the same grade
and shall not diminish, increase, or modify substantive rights. The existing laws
on pleading, practice and procedure are hereby repealed as statutes, and are
declared Rules of Court, subject to the power of the Supreme Court to alter and
modify the same. The Congress shall have the power to repeal, alter or
supplement the rules concerning pleading, practice and procedure, and the
admission to the practice of law in the Philippines."
The said power of Congress, however, is not as absolute as it may appear on its
surface. In In re Cunanan Congress in the exercise of its power to amend rules
of the Supreme Court regarding admission to the practice of law, enacted the Bar
Flunkers Act of 1953] which considered as a passing grade, the average of 70%
in the bar examinations after July 4, 1946 up to August 1951 and 71% in the 1952
bar examinations. This Court struck down the law as unconstitutional. In his
ponencia, Mr. Justice Diokno held that "x x x the disputed law is not a legislation;
it is a judgment - a judgment promulgated by this Court during the aforecited
years affecting the bar candidates concerned; and although this Court certainly
can revoke these judgments even now, for justifiable reasons, it is no less certain
that only this Court, and not the legislative nor executive department, that may
do so. Any attempt on the part of these departments would be a clear usurpation
of its function, as is the case with the law in question."x x x By its ruling, this
Court qualified the absolutist tone of the power of Congress to "repeal, alter
or supplement the rules concerning pleading, practice and procedure, and the
admission to the practice of law in the Philippines.
The ruling of this Court in In re Cunanan was not changed by the 1973
Constitution. For the 1973 Constitution reiterated the power of this Court "to
promulgate rules concerning pleading, practice and procedure in all courts, x x x
which, however, may be repealed, altered or supplemented by the Batasang
Pambansa x x x." More completely, Section 5(2)5 of its Article X provided:
"Sec. 5. The Supreme Court shall have the following powers.
(5) Promulgate rules concerning pleading, practice, and procedure in all courts,
the admission to the practice of law, and the integration of the Bar, which,
however, may be repealed, altered, or supplemented by the Batasang
Pambansa. 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."
Well worth noting is that the 1973 Constitution further strengthened the
independence of the judiciary by giving to it the additional power to promulgate
rules governing the integration of the Bar.
The 1987 Constitution molded an even stronger and more independent
judiciary. Among others, it enhanced the rule making power of this
Court. Its Section 5(5), Article VIII provides:
"Section 5. The Supreme Court shall have the following powers:
(5) 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
underprivileged. 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
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CONSTITUTIONAL COMMISSIONS
With respect to the Constitutional Commissions would be the discussion
on constitutional safeguards to ensure the independence of these
Commissions. The first provision there is the prohibition based on the
transitory provisions that while incumbent commissioners are allowed to
serve continuously until they are replaced, or they can be reappointed.
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There is one case here, the case of Capablanca vs. Civil Service
Commission, 605 SCRA 61 (2009). It involves cheating in the Civil
Service exam. So a person was found to have cheated and therefore
the Civil Service Commission issued an order disqualifying him from
taking any other Civil Service exam. That decision which disqualified the
person should have been questioned in the regular courts. Normally,
you go to the Regional Trial Court because that is from the decision of
the Civil Service Commission in the exercise of its quasi-judicial
functions. But if the case does not involve quasi-judicial functions, we
have to go to the rules of proceedings with respect to Civil Service
employees. Before, the rules of procedure are called URACCS (Uniform
Rules on Administrative Cases in Civil Service). Now it is RRACCS
(Revised Rules in Administrative Cases in Civil Service, published on
November 21, 2011 in The Manila Times). The decisions in those cases
are the ones reviewable by the Supreme Court under Rule 43. All the
rest of the issuances and administrative questions should have to be
proceeded under the regular courts between the parties.
EUGENIO S. CAPABLANCA vs. CIVIL SERVICE COMMISSION
G.R. No. 179370 November 19, 2009
The CSC, as the central personnel agency of the Government, is mandated to
establish a career service, to strengthen the merit and rewards system, and to
adopt measures to promote morale, efficiency and integrity in the civil service.
The civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the government, including government-owned or controlled
corporations with original charters. Specifically, Section 91 of Republic Act (RA)
No. 6975 (1990) or the Department of Interior and Local Government Act of
1990 provides that the Civil Service Law and its implementing rules and
regulations shall apply to all personnel of the Department, to which herein
petitioner belongs.
In addition, Section 28, Rule XIV of the Omnibus Civil Service Rules and
Regulations specifically confers upon the CSC the authority to take cognizance
over any irregularities or anomalies connected with the examinations, thus:
COMMISSION ON AUDIT
The Commission on Audit shall have the power, authority, and duty to
examine, audit and settle all government accounts, including GOCCs
with original charters. Any money from the public treasury which was
given or sent by any other entity in the government is subject to the
usual auditing procedure.
However, the Constitution has specified that the following shall only be
covered on a post-audit basis:
1.
2.
3.
4.
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COMMISSION ON ELECTIONS
The COMELEC shall have the power to enforce and administer all laws
relating to the election, plebiscite, initiative, referendum, and recall. As
we all know, the COMELEC exercises administrative and quasi-judicial
functions. The decisions of the COMELEC are reviewable under Rule
64, in relation to Rule 65. But again, only decisions in adjudicatory
cases involving elective regional, provincial and city officials.
In one of the cases mentioned here in your outline this case of Garces
vs. Court of Appeals, 259 SCRA 99 (1996). This was a case involving
the order of the COMELEC on the movement of its personnel. For
example, the provincial election supervisor or city director is transferred.
[SC said that decisions, rulings provided in the Constitution refer to the
COMELECs exercise of its quasi-judicial functions]
So any matter with respect to the election of these officers, whether it be
election protest or election movement charges are the ones subject to
the review powers of the Supreme Court, not those in the exercise of the
administrative or supervisory powers of the Commission on Elections.
LUCITA Q. GARCES vs. THE HONORABLE COURT OF APPEALS,
SALVADOR EMPEYNADO and CLAUDIO CONCEPCION
G.R. No. 114795 July 17, 1996
The jurisdiction of the RTC was challenged by respondent Empeynado
contending that this is a case or matter cognizable by the COMELEC under
Sec. 7 Art. IX-A of the 1987 Constitution. The COMELEC resolution cancelling
the appointment of Garces as Election Registrar of Gutalac, he argues, should be
raised only on certiorari before the Supreme Court and not before the RTC, else
the latter court becomes a reviewer of an en banc COMELEC resolution contrary
to Sec. 7, Art. IX-A.
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