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Issue: W/N the president can act as the legislative authority Held: Yes
by himself - The detainees were caught in flagrante delicto planning
a subversive act, and arrest was done to prevent a
Held: Yes potential rebellion planned by the detainees
- PD 1840 was issued under Amendment No. 6 (issued - PCO merely validates the detention of offenses
in 1976) covered by Proc. No. 2045 (w/c provides for the
- Amendment no. 6: interpreted by the Court as a offenses covered AND suspends the writ of HC)
constitutional authority vested to the President so he since writ is suspended by Proc. No. 2045,
can act swiftly in times of emergency or in cases he detention is legal
deems needs immediate action (also, as an - LOI: a mere directive to the AFP on how the military
alternative to Martial Law) can arrest violators of Proc. No. 2045
- Amendment no. 6 allows Marcos to act as a legislator Both PCO and LOI are not controlling but only
without the concurrence of the Interim BP supplement Proc. No. 2045
But, if president wants to include LOI as law, he can
Garcia-Padilla v Ponce Enrile do so in exercise of his legislative power
When can President wield legislative powers?
- Petitioner Josefina Garcia-Padilla is questioning the Amendment No. 6 (See Legazpi case)
arrest and subsequent detention of 14 individuals
(which includes her son), and filed a petition for writ of Aquino v COMELEC
habeas corpus and mandamus
- Detainees were arrested by virtue of a Presidential Petitioners are contesting the validity of the
Communication Order (PCO) in relation to Presidential Decrees issued by President Marcos
Proclamation No. 2045 (the PDs call for a referendum and the
- The writ of habeas corpus was then issued by the appropriation of funds for said referendum)
Court
ISSUE: W/N the presidential decrees issued are valid - Postmaster General denied petitioner, relying on the
opinion of the DOJ on what constitutes a gift
Held: Yes enterprise, violated provisions of the Postal Law
- First: SC established that Marcos is the de jure - Caltex filed for declaratory relief before TC and was
president of the Philippines granted
1973 Constitution was ratified while he was the - Respondent appealed TC decision before SC
incumbent president (consti commission/public had
Marcos in mind when they ratified the Constitution) ISSUE: W/N the Caltex promotion violated the Postal Law
1973 constitution provides that President
decrees/issuances shall be part of the law of the Held: No
land - Postal Law condemns any lottery, gift enterprise, or
- Second: Marcos issued the assailed PDs during martial scheme for the distribution of money or any property by
law lot, chance or drawing of any kind.
Martial Law allowed Marcos to wield legislative - Three essential elements of lottery: prize (), chance
authority () and consideration (none because Caltex does not
PDs are essential to the security and preservation require customers to pay a fee or purchase their
of the public. products to participate); therefore, it is not considered a
1973 Constitution itself provides Presidential lottery
decrees and issuances before ratification of said - In the Postal Law, gift enterprise was used in
consti shall form part of the law of the land. association with the term lottery
noscitur a sociis term under a statute should be
Caltex v. Palomar accorded no other meaning other than that of the word
it is associated with; hence, gift enterprise = lottery
- Caltex implemented a contest called the Hooded
Pump Contest, which would award prizes to Bolos v Bolos
contestants by simply guessing the number dispensed
by the hooded pump. - Petitioner Cynthia filed for declaration of nullity (under
- There is no need to pay a fee or purchase a Caltex Art 36) of her marriage with respondent Danilo
product to participate in said contest - RTC granted the petition and declared their marriage
- Caltex asked the permission of the Postmaster General null and void
(respondent) in anticipation of its usage of mail for the
promotion and communication of the contest
- Danilo filed an appeal before the CA without filing a - Court conceded that abstractly speaking, construction
motion for consideration first (as required by AM 02-11- and interpretation have different meanings
10-SC), which CA granted. - BUT: in common usage or practice, both words have
- CA: AM 02-11-10-SC does not apply to the spouses the same meaning and significance
because it was contracted before FC - Therefore: Under Act of 1907, construction and
- Petitioner (on appeal to SC): AM should apply interpretation have the same meaning, and the Court
has jurisdiction of the case
ISSUE: W/N AM 02-11-10-SC should apply