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COA - when to pre-audit and post-audit

Case: Pilipinas Engr. v Ferrer


v COMELEC
All decisions of COMELEC subject to judicial review?
-only decisions by en banc, decisions by division not subject to judicial review
When do independent Constitutional Commissions start their term of office
-around Feb. 2, 1987 (ratification of the 1987 Consti), with a staggered term
Case: Moldex Realty v HLURB
Corporation complies to regulation for a long time and then starts to file a complaint, ALLOWED
Case: Ombudsman v CSC
Can Ombudsman members be appointed by members of CSC?
Under the 1987 Constitution, only the Ombudsman can appoint its members
Who are allowed to hold other offices in a non ex-officio capacity, allowed by law or their primary
function?
Art IX-B, Sec 7 para 2
Law is passed, effective once upon recommendation of Executive Secretary who says when
requirement is met, allowed? YES. Executive Secretary acts as agent of CONGRESS
Organic Laws?
1. McKinleys Instructions
2. Spooner Amendment
3. Philippine Bill of 1902
4. Jones Law
Marbury v Madison issues
Congress to pass law that expands SCs original jurisdiction, allowed? Yes.
Issuance of writ of mandamus (idk why I wrote this down)
Can x who reports to y occupy position of y when y resigns? Case: PCGG v Elma
NOT ALLOWED. Incompatibility
1-year bar in impeachment, when does reckoning start? Case: Ombudsman v HoR Comm on
Justice
-starts with filing of complaint and referral
Provincial Election Supervisor recommended prosecution, COMELEC approved en banc,
allowed without going through division?
-No need to go through division since it is an administrative case
Case: Baytan v Comelec
Case: Jaramilla v Comelec

Money claim against government branch, money claim filed before RTC or COA?
-Money claims can be filed before COA if they are liquidated claims. If money claims are
not determined or determinable, they can be filed before RTC.
Case: Euromed
Caltex v COA
Guevarra v Jimenez (superseded by 1973, 1987 Consti)
COA by itself can disallow.
Case: Arotea(?) v COMELEC
Sec. 68 and 78 of Omnibus Election Code
Case: Maquiling
Jalosjos
Jurisdiction of Ombudsman over officers of GOCCs?
Art XI, Sec 13 para 2
Case: Khan v Ombudsman
If with original charter, Ombudsman has jurisdiction
Government official to accept double compensation or gift?
Art IX-D, Sec 8
Member of judiciary to campaign for public office, allowed?
No.
Member of the reserve force?
Yes.
Cabinet member?
Case: Tristan(???)
Trinidad
v Bonifacio
Member of SC can be punished? Yes. By SC
in re: Letter to Biraogo
in re: Gregory Ong
President dies at the beginning of the term
Art VII, Sec 7 - VP-elect to become President
COA approved of disbursement, can Ombudsman ??? acts? Yes.
Case: Aguinaldo v Sandiganbayan
Ramos v Aquino
Increase legislative district of QC, is plebiscite needed? Yes.
Case: Bagabuyo v COMELEC
Art VI, Sec 5
Person occupying primarily confidential position, be fired at the pleasure of the offended party?

Yes. Loss of confidence.


Is the firing considered removal?
No. Loss of confidence in a confidential position to be considered as expiration of term of
office
Highly technical position to be fired on loss of confidence, allowed? No.
Case: v Cuaderno
*asked twice* Case: Javellana v Exec Sec, justiciable or political?
2 people that are qualified, can the less qualified be appointed? Yes
EDSA I v EDSA II
Problem in Sema v Comelec?
Congress delegate power to create regional/legislative bodies without plebiscite?
-cannot create provinces
-can create municipalities, barangays. Only Congress can create legislative districts
If President and VP be disabled during their term, what happens?
Elected officials allowed to be designated in a public office during their tenure?
NO. Appointive, yes. Elective can never be. Art IX-B, Sec. 7
Case: Ampong v CSC
Sandiganbayan jurisdiction over officers of GOCCs
How to know if it is a GOCC?
If the government owns more than 50% of shares -> must be voting shares
Case: Carandang vs Desierto
Ayson
Case: Adiong v COMELEC
Comelec resolution re: car stickers supporting candidates?
There will be a violation of the constitution, encroaches on peoples freedom of
expression
Case: NHC v COA
-loan with condition to hire foreign consultant to extend, can COA impede on the entire
process?
Art IX-B, Sec 2(1) - COA has authority to disapprove
Case: Castro v Deloria
-SC to interpret law, when does it become a part of the law? The moment the law is
passed. Any interpretation by the SC retroacts to the date of the laws passage. Any
interpretation considered part of the law at the time of the passage.
When in doubt, the Constitution is:
Self-executing (Case: Manila Prince Hotel v GSIS)

Directory (Case: Tanada v Cuenco)


Prospective (Case: Peralta v Director of Prisons)
Born 1954, alien father to elect citizenship in 1975. Asked in 1976, what is the status of
citizenship?
Not natural-born because under the 1973 Constitution, those of Filipino mothers who elect
citizenship are not considered under natural-born.
Can a partylist nominee be a nominee of many partylists?
Can a candidate be a partylist nominee while running for elected position? No.
Change in name/alteration? Yes in the following instances
1. permanently incapacitated
2. death
3. written withdrawal
PARTYLIST
need for 2% threshold for the first seat still valid
20% allocation? Valid.
3-seat limit? Valid.
Absolute proportion? Not valid.
Major political parties to join through sectoral wing? Allowed with circumstances
Congress to pass law that increases the salary of members.
Art VI, Sec 10 - salary increase takes effect once the terms of all the members in which
the approve was increased have expired (2019)
Law creating new office, can be appointed to office after 2016 elections?
Art VI, Sec 13 - can occupy after term
Forbidden vs Incompatible offices
Bill passed with less than majority of all members
-shifting majority, quorum needed
Court equally divided in opinion in a civil case, CA decision affirmed.
Minute resolutions still allowed. Case: Bayamura (???)
Art VIII, Sec 13 - only legal basis on resolutions
Collegiate Courts
Sandiganbayan - 3 mos
Other courts
Votes to remove judge with administrative case?
Art VIII, Sec 11 - majority of those who took part
SC in division of 7, 3 members present - no quorum
SC, when does it review martial law declaration? - after Congress
Case: Fortun v Arroyo

Term of President, VP, permanent vacancy, Speaker, Senate Pres unable


Art VIII, Sec 8 - Congress decides who will be the acting president
Appointed as RTC judge, can position be assumed even if not natural-born?
Yes.
Citizen Retention and Repatriation Act only for those who lost citizenship through naturalization
Case: Maquiling v Comelec and Arnado
Person used foreign passport - cannot run for offices which require natural-born
citizenship. Does not divest of Filipino citizenship
Presidents power of control to LGUs? No. Only supervision.
Member of cabinet over LGUs? No.
Member of cabinet to review and revoke decisions of a local government official? Only if
it exercises quasi-judicial function
Case: League of Province v DENR
Conflict between interpretation for need, specified number of Senators with COA, not
proportional representation
***Case: Guingona v Gonzales
When in doubt:
Constitutionality of tax measure, in favor of validity
Taxability of a person, in favor of person, against taxing power
Applicability of tax measure(? exemption?), against exemption
Temporary disability of the President
Art VII, Sec 11-12 - VP does not take over by 2nd written declaration of majority of
Cabinet members
Journals - vote of members present to write (Art VI, Sec 16 para 4)
Constitution - to vote must be a resident.Is the law allowing immigrants to vote,
unconstitutional?
SC: No, constitution itself provides for exception of the residency rule
***Case: Macalintal v Comelec
Conception starts from fertilization
Contraceptives
Abortifacients
Case: Imbong v Ochoa
Pocket Vetoes
GAA - item veto only on items on appropriation
Veto on conditions not allowed
Case: Bolinao (???) v Villanueva

Diplomatic Negos v Contract Negos


Diplomatic negotiations - cannot reveal negos at any time. Case: Akbayan v Aquino
Case: Nicolas v Romulo
SC: Medellin v Texas ruling complied with, impliedly allowed VFA
******MARCOS CASES
Aquino v Military Commission No. 2
Montenegro v Taneda
Garcia-Padilla v
Lansang v Garcia
Suspension of Privilege of writ of habeas corpus to those judicially charged, problem?
Legally detained. No need for habeas corpus.
Case: Barrioquinto
Pardon v Amnesty (distinction from American jurisprudence)
Suspension in 2016 elections (Case: Abas-Kida v Senate)
No hold over for positions with constitutional provision re: term of office
Case: Sarmiento v Mison
alone - slip in draftsmanship
NEDA can be replaced by Congress? Yes
Art XII, Sec 9
Facial Challenge v As applied Challenge
Case: Manalang-Demigillo v TIDCORP
doctrine of qualified political agency
Case: Director of Lands v IAC
Case: League of Cities v Comelec
know: equal protection clause
6-6 tie
legislative intent against Congress being functus officio upon adjournment
criteria to establish
Partylist requirement prevailing rules
Case: Atom Paglaum v Comelec
-principal advocacy is for a special interest group (??)
Amendment v Revision and Process
Immunity from suit of the President
-can be held accountable for criminal acts

Doctrine of Command Responsibility


Doctrine of Operative Fact and its effect on Pork Barrel Funds
Pork Barrel Cases
Ad-interim appointment, permanent or temporary?
Doctrine of Condonation
-only for administrative acts
Case: Carpio-Morales v Binay
Lerias Doctrine
***Almario v Caparas
ADDITIONAL CASES
Funa v Chair. CSC GR 191672 / Funa v Duque 612 SCRA, 742 SCRA
Funa v COA, GR 192791
Funa v Chair
1. ConCom appointment is fixed term of 7 years except for first set
Can be appointed not exceeding 7 years? NO. because of staggering term
2. Vacancies in ConComs for the unexpired portion of the term
Can be appointed for less than unexpired portion? NO.
3. Member served entire period, can be reappointed? NO once served ENTIRE term
4. When Commissioner resigns, can be appointed by way of promotion?
Yes. Provided, (1) to serve the unexpired term; (2) cannot serve for more than 7
years in total
5. Appointment in temporary/acting capacity? NEVER. Not allowed.
Funa v Duque
Designation of CSC Chair as Chair of Board of Directors [GSIS, PhilHealth], unconsti.
Incompatible office because BoD answerable to the President while CSC Chair is independent