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4- MANRESA
July 21, 2015- Justin
JUDICIAL
ELABORATION
OF
THE
CONSTITUTION
Thing to remember there would be your Rules of
Construction of the Constitutional Provisions.
1. EXECUTING
vs.
NON
SELFEXECUTING PROVISIONS
We start with the discussion on the distinction
between self-executing and the non selfexecuting provisions. We all know that,
generally, provisions in the constitution are
considered to be SELF-EXECUTING. There is
no need for an enabling act or any act of
Congress for it to be a direct source of a right.
Any person whose right under the Constitution is
violated can go directly to the court to seek
redress for such violation. But generally, they
are only good for self-executing provisions.
The general rule, therefore, is that they are all
considered self-executing except by the express
provision itself or by the intent of the framers,
they are NOT SELF-EXECUTING. From the
cases you have read, Article II is generally non
self-executing. There are some scattered
provisions like Initiative and Referendum under
Article VI, that is non self-executing. There is a
need for Congress to enact a law for us to
exercise our supposed delegated authority,
giving the right to legislate under initiative and
referendum. So, unless it is clear from the
provision itself or from the intent of the framers
that the provision is non self-executing., all the
rest are supposed to be considered selfexecuting.
2. PROSPECTIVE IN APPLICATION
Another rule in construction is that they are
supposed
to
be
PROSPECTIVE
IN
APPLICATION. The Constitution is not a penal
law. Therefore, there is no retroactive
application on any of the provisions of the
Constitution. If you remember, the so called
Miranda rights, it was a late 1960 ruling of the
US Supreme Court in the case of Miranda vs.
State Of Arizona. It was first copied or
institutionalized in the 1973 Constitution. So any
extra-judicial confession taken prior to our 1973
Constitution that did not comply with the so
called Miranda Warnings cannot be considered
as excluded in evidence or covered by the
exclusionary rule simply because the Miranda
Rights first saw its light of day under our 1973
Constitution so its not retroactively applied. Its
prospective in application.
If there is one provision in our Constitution that
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OR
LEGITIMATING
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OF
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B. REACQUISITION OR REPATRIATION
Reacquisition can either be by:
1. Naturalization proceedings
2. By direct act of Congress- you know,
Congress can enact a law to grant a
person naturalized status. It can also be
made or used to grant a person to reacquire lost Philippine citizenship.
3. Repatriation- the most common. There
are 3 laws:
i.
PD 725, this was applied to
Filipino women who lost their
citizenship
by
reason
of
marriage and deserters in times
of war.
ii.
RA 8171 (October 23, 1995),
this was a law on repatriation
which extended to two types of
citizens:
Natural born Filipino women
who by reason of marriage to
foreigners have lost their
citizenship
to
become
naturalized in a foreign country;
and
Those natural born Filipino
citizen who, by reason of
political or economic reasons,
were forced to be naturalized
elsewhere. This was the result
of a declaration of martial law
before. There were a lot of
people persecuted and so they
left the Philippines and to
validate their stay in the foreign
country, they were forced to
become citizens of that foreign
country where they took
residence. And to allow them to
be repatriated because they
were just forced to be
naturalized therein, they are
allowed to reacquire under
8171.
iii.
RA 9225, this law is both
prospective and after the
fact(?). If you are going to lose
your
citizenship
by
naturalization in a foreign
country, you be a natural born
citizen, you can avail of RA 922
in order to re-take your Filipino
citizenship (natural born status)
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Suit
against
the
state?
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House of Representatives:
Section 6. No person shall be a Member of the
House of Representatives unless he is a naturalborn citizen of the Philippines and, on the day of
the election, is at least twenty-five years of age,
able to read and write, and, except the party-list
representatives, a registered voter in the district
in which he shall be elected, and a resident
thereof for a period of not less than one year
immediately preceding the day of the election.
THE OBLIGATIONS
CONGRESS
FOR
MEMBERS
OF
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APPORTIONMENT OF DISTRICTS
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following parameters:
1. Three different groups may participate in
party-list system: (1) national parties
organizations,
(2)
regional
parties
organizations, and (3) sectoral parties
organizations.
the
or
or
or
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AND
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FORBIDDEN
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12. Amend/revise
Constitution
by
Constitutional Convention: qualified 2/3
vote in both houses by joint session but
voting separately
13. Referendum to call a Constitutional
Convention (ask electorate W/n there
should be a Constitutional Convention):
simple majority by both houses in joint
session but voting separately
C. RULES OF PROCEEDINGS
ARTICLE VI, SECTION 16. (3) 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.
SECTION 21. The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly published
rules of procedure. The rights of persons
appearing in or affected by such inquiries shall
be respected.
There are only 2 things to remember here:
1. Even without a Constitutional provision
allowing Congress or any of its
committees to promulgate rules of
proceedings, it can promulgate its own
rules. Based on the Latin maxim ex
necessitate rei or by reason of
necessity, Congress or any of its
committees to properly discharge its
functions, it must have the power to
promulgate its own rules of procedure.
2. The rules in any proceeding in any
committee must have to be published. It
must be published by all Congresses.
Meaning, if the previous Congress has
published its rules, the subsequent
Congress must republish the rules even
if the former rules were just adopted.
Otherwise, they cannot affect persons
who are not members of Congress. This
is important with regard to inquiries in
aid of legislation, electoral tribunal rules,
impeachment rules proceedings which
include non-members of Congress.
D. DISCIPLINE OF MEMBERS
ARTICLE VI, SECTION 16. (3) Each House may
determine the rules of its proceedings, punish its
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(Choosing
the
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requiring CA confirmation.
2. Can the rejection or grant or
confirmation by the CA be subject to
judicial review? This is where there is a
thin line as to what is allowable for
judicial review or what i not. It is clear
with respect to the ET that it being a
court being the sole judge, it is subject
to all applicable rules on proceedings
most especially on evidence.
We have seen that in the old case of ARROYO,
where the question was based on whether or not
the ET validly referred the decision against
Joker Arroyo. The SC said YES because even
the ET violated its own rules when it considered
evidence not even part of the records.
But in the exercise of power or discretion of the
CA, we are simply guided by the political
affiliations or views of those composing it. The
composition which is 12 from the lower house
and 12 in the upper house and the Senate
President acting as the chairman who will not
vote unless there is a tie. And usually, those
who are there are with the ruling party. Again,
because of the concept of proportional
representation, the more numerous the
members of the party in the house, the more
membership they have in the CA
So, is this rejection or confirmation subject
to judicial review? Rejection probably, it cannot
because we dont like it. We dont think that he
do it. But what about confirmation? If there is no
law requiring any special qualification for a
position requiring a CA confirmation, if the CA
confirms it, it cannot be subjected to judicial
review.
But if a position requires or a law requires a
special qualification, then a confirmation without
that law being satisfied can be considered as in
grave abuse of discretion. If you look at the
positions in the cabinet, even if you read your
EO 292 or the Administrative Code of 1987,,
what are the qualifications of Dept Secretary? In
this administration, it is kaibigan, kabarilan o
kaklase. Nothing more. Because your EO 292
does not specifically provides the necessary
qualifications for a Dept. Secretary or other
members of the Cabinet. So you can just be a
friend.
But those in the Foreign Service not the
ambassadors, because these are special
positions and they are normally given to retired
Army officers and retired PNP officers para dili
sila mag gubot, tagaan sila ug position. That has
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complied with.
(1) There is a law authorizing 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
the Constitutional Commissions to
transfer funds within their respective
offices;
(2) The funds to be transferred are
savings
generated
from
the
appropriations for their respective
offices; and
(3) The purpose of the transfer is to
augment an item in the general
appropriations law for their respective
offices.
So basically there must have to be savings from
their department and the transfer is within the
department. This is where the SC came with the
term CROSS BORDER TRANSFER.
1. Whether there was a law authorizing
the transfer of the funds?
Section 25(5), the SC said, this is not a
self executing provision. So there
must be a specific law, either a law by
itself or a provision in the general
appropriations law because this is not
self-executing. So generally it mentions
that the General Appropriations Act is
that law authorizing the transfer of
funds.
2. Was there actual savings from which
to source the DAP?
The SC said, there were no actual
savings because savings is a technical
term.
There is savings when generally any one of
these things happens:
1. When the project is discontinued because it
is no longer feasible.
2. An appropriated project has been completed
and there is actual savings.
In the case of the DAP what they did
was just to transfer. They did not disburse the
appropriated funds for the projects intended and
transferred. So the SC said that there were no
actual savings.
3. Assuming there were savings were the
same was used to augment an item
already in the appropriations for that
particular office? The SC said that there
was even transfer to other departments
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(ii)
(iii)
(iv)
Case in point:
Disini vs Secretary of Justice 716 SCRA 237,
this is Cyber Crime prevention Act of 2012.
There are many provisions there and the only
question on violation of non-delegation of power
would be Section 24 - the creation of the
Cybercrime
investigation
and/or
Center.
According to Disini, congress invalidly delegated
the power to the Center to formulate the national
cyber security plan because there is no sufficient
standards as may be gleaned from the law. The
Supreme Court held that there is sufficient
standards because the term cybercrime has
been defined in Section 3 and so the authority of
the Center to make a national plan, cyber
security plan, must have to be consisted with the
definition of what cybercrime is. And because
the definition is so explicit, that should be
sufficient to meet the requirement of sufficient
standards in the delegated authority.
EXCEPTIONS TO NON-DELEGATION OF
LEGISLATIVE POWER
(i)
Article VI Sec 23 (2) Section 28 (2):
Flexible Tariff Clause of the
President
(ii)
Section 32: Delegation to the
People - query: is the power of the
people
under
initiative
and
referendum a delegated power or is
it an inherent power which has not
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(ii)
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PROHIBITIONS
Okay, section 13, art.7 has 2 components.
Section 13. The President, Vice-President, the
Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided
in this Constitution, hold any other office or
employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice
any other profession, participate in any
business, or be financially interested in any
contract with, or in any franchise, or special
privilege granted by the Government or any
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there.
POWER
AND
FUNCTIONS
OF
THE
PRESIDENT
The only discussion with respect to the power
and functions of the president you need to
remember is the concept of residual powers.
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COMMANDER-IN-CHIEF POWERS
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 forty-eight hours from the
proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the
President shall submit a report in person or in
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PEOPLE
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writ.
The suspension of the privilege of the writ shall
apply only to persons judicially charged for
rebellion or offenses inherent in or directly
connected with invasion.
During the suspension of the privilege of the
writ, any person thus arrested or detained shall
be judicially charged within three days,
otherwise he shall be released.
We will take this up again when we reach the
item on Sec. 18 of Art. VII. For now, it is best
remember that in the case of FORTUN v. GMA,
the SC has made mention that actually the
power of congress is shared with the executive
and the executive or the pres has to make a
report
to
congress,
automatically
or
consequentially, congress has the power to go
over such declaration or suspension is
commenced. There is no need of any other act
that should entitle the congress to exercise its
authority.
That has been discussed because of the issue
of when should the SC also consider such
declaration or suspension?
The SC said: it is only when there is a petition
filed.
That has been asked because the constitution
provides that it has to be decided by the SC
within 30 days from the filing of petition.
What if the petition is filed immediately after the
act or declaration has been made, should the
SC decide within 30 days from such filing, or
should it allow the congress to exercise its
power to go over such declaration or
suspension, and perhaps and revoke it.
APPROVAL OF PRESIDENTIAL AMNESTIES
ART. VII
Section 19. Except in cases of impeachment, or
as otherwise provided in this Constitution, the
President may grant reprieves, commutations,
and pardons, and remit fines and forfeitures,
after conviction by final judgment.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
Theres nothing much there.
CONFIRM CERTAIN APPOINTMENTS
ART. VII
Section 9. Whenever there is a vacancy in the
Office of the Vice-President during the term for
which he was elected, the President shall
nominate a Vice-President from among the
Members of the Senate and the House of
Representatives who shall assume office upon
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decision.
If there an acquittal by reason of
failing to achieve the required
qualified majority of 2/3 of all
members of the Senate the
impeachable officer shall be free from
whatever case against him, which shall
be dismissed. He shall be free from any
criminal prosecution on account of the
same subject of the impeachment
complaint.
If there is a decision of conviction
the conviction will not go beyond from
removing him from public office and
from perpetually disqualifying him to
hold any other public office or position.
However, because he has already been
impeached, the impeached officer is
now open for any criminal prosecution
for the same acts. The rules on double
jeopardy do not apply because,
impeachment proceedings are not
criminal in nature and so first
jeopardy will never attach.
The final discussion will be on the issue on:
whether decisions of impeachment courts
are subject to judicial review.
If you think about the grounds, which are defined
under existing laws: treason, bribery and graft
and corruption; perhaps that may have been
subject to judicial review or questioning, the
determination and finding of guilt by the
senate, if the acts complained and proven
during the trial do not amount to the same
criminal characterization and definition of
treason, bribery and graft and corruption.
The other matter is with respect to culpable
violation of the constitution and other high
crimes, and breach of public trust, it is largely
drawn by political alliances and it that sense, it
may be considered as a political question.
Again, going back to the case of GONZALES v.
OFFICE OF THE PRES, where the SC made
some characterization with those 3 other
undefined grounds, there is a possibility that the
SC will be able to exercise judicial review IF an
impeachable officer is found guilty despite the
fact that the evidence presented and the
allegations are not so serious as that based on
the characterization in Gonzales.
CJ Corona, when he was impeached, there was
supposed to be a petition before the SC
questioning the conviction, but you know, he will
be up against members of the court, majority of
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you
remember that when the
pres does not want to
release funds, even if
appropriated in the general
appropriations act, say 20M
for the member of lower
house and he (pres) does
not feel like giving it to him
because he is a member of
the opposition, the pres can
refuse to release that
budget appropriated to that
member and the is called
executive impoundment.
The pres will impound the
money appropriated to that
member.
(e) Is that a valid move? YES,
sadly, because it is his
discretion when to release
and to whom it should be
released. We all know that
in
the
general
appropriations act, though it
provides
for
specific
amounts of money, those
appropriated items with
specific appropriated funds
are not fully funded. They
are still to be funded as govt
goes along in collecting
their share in taxes, and
there might be a shortfall
of revenue. And if there is a
shortfall, which is the usual
case, then that would be a
valid reason for the pres to
impound, even if already
provided in the general
appropriations law.
4.
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accessible
to
anyone,
regardless of their political
affiliations?
Its
actually
politician
affiliation.
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that
the
not
the
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a. All cases in
which
the
constitutionality or validity of any
treaty, international or executive
agreement, law, presidential
decree, proclamation, order,
instruction,
ordinance,
or
regulation is in question.
b. All cases involving the legality of
any tax, impost, assessment, or
toll, or any penalty imposed in
relation thereto.
c. All cases in
which
the
jurisdiction of any lower court is
in issue.
d. All criminal cases in which the
penalty imposed is reclusion
perpetua or higher.
e. All cases in which only an error
or question of law is involved.
3. Assign temporarily judges of lower
courts to other stations as public interest
may
require.
Such
temporary
assignment shall not exceed six months
without the consent of the judge
concerned.
4. Order a change of venue or place of trial
to avoid a miscarriage of justice.
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 under-privileged. Such rules shall
provide a simplified and inexpensive
procedure for the speedy disposition of
cases, shall be uniform for all courts of
the same grade, and shall not diminish,
increase, or modify substantive rights.
Rules of procedure of special courts and
quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court.
Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
And limitation there is Congress cannot enact a
law increasing the the appellate jurisdiction of
the SC without the court's prior consent for
concurrence. And the first that has been decided
from that was the law establishing or creating
the Office of the Ombudsman or RA 6770. In the
case of Desierto, the SC clarified that the law or
the provision of RA 6770 granting appellate
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APPOINTMENT
OF
OFFICIALS
AND
EMPLOYEES OF ENTIRE JUDICIARY
This does not include justices of lower collegiate
court and judges of the lower courts. From the
clerk of courts down to the last court employee,
that is part of the administrative duty or power of
the SC, part of its appointing authority in the
judicial function.
6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
Sept. 16, 2015-Rhoda
MANNER
OF
SITTING
REQUIRED
Art VIII, Section 4.
AND
VOTES
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REQUIREMENTS AS TO DECISIONS
Section 13. The conclusions of the Supreme
Court in any case submitted to it for the
decision en banc or in division shall be
reached in consultation before the case the
case assigned to a Member for the writing of
the opinion of the Court. A certification to
this effect signed by the Chief Justice shall
be issued and a copy thereof attached to the
record of the case and served upon the
parties. Any Member who took no part, or
dissented, or abstained from a decision or
resolution must state the reason therefor.
The same requirements shall be observed by
all lower collegiate court.
Section 14. No decision shall be rendered by
any court without expressing therein clearly
and distinctly the facts and the law on which
it is based.
No petition for review or motion for
reconsideration of a decision of the court
shall be refused due course or denied
without stating the legal basis therefor.
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MANDATORY
CASES
PERIOD
FOR
DECIDING
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quasi-judicial
and
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