Vous êtes sur la page 1sur 8

Sept.

5, 2017

1. What are legislative inquiries?


Ans: (a) Sec. 21. The Senate or HOR 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.
(b) Sec. 22. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the senate or the Speaker of the HOR at least 3
days before their scheduled appearance. Interpolations shall not be limited to written questions,
buy may cover matters related thereto. When the security of the State or the public interest so
requires and the President so states in writing, the appearance hall be conducted in executive
session.

2. Power of Appropriations
Ans: Sec. 29
(1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by
law.
(2) 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, or 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 institutions, or government orphanage or leprous air um.
(3) All coney 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.

3. Typhoon Kiko devastated Batanes, RA No. 7 authorizes ordinances of not less than 5M to
province of Batanes. Is it constitutional?
Ans: it is unconstitutional because the amount is indeterminate.

Note: Sec. 25 par (4)


Special appropriations bill shall specify them 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.

4. What is appropriation law?


Ans. Authorizes the release of money from the treasury.
Can be classified into 2:
 General appropriation law – passed annually intend for the financial operations of the entire
Government during one fiscal period; and
 Special appropriation law – designed for a specific purpose.

5. Minimum given – unconstitutional because much leeway is given to executive and legislative is
given in which case they can go as high as they want to.
Example: not less than 5M
Maximum given – constitutional because the sealing amount is given.
Example: not more than 5M

6. What is initiative and referendum?


Initiative (process) – power of the people to propose amendments to the Constitution or to propose and
enact legislation through an election called for the purpose.
Referendum (submission) – power of the electorate to approve or reject legislation through an election
called for the purpose.

7. What is the required number of the registered voter?


Ans: At least 10% of register voter in province or city and must be represented by at least 3% of
registered voters in legislative districts.

8. Not self-executing meaning?


Ans: it needs enabling law

9. Qualifications in Executive Department


(a) Natural born citizen of the Philippines
(b) At least 40 years of age on the day of the election
(c) Registered voter
(d) Able to read and write
(e) Resident of the Philippines for at least 10 years immediately preceding the election

10. What is Executive Privilege?


Ans: Right of the President and high-level executive branch officials to withhold information from
Congress, the Courts, and ultimately, the public.

11. Canvasser – Congress

12. Non-legislative power of Congress


Ans: Canvassing

13. Questioning the citizenship of the President, who will try?


Ans: SC in banc
Composition of Presidential Electoral Tribunal
Ans: SC in banc
14 Justices
1 Chief of Justice

14. Petition to disqualify filed by Grace Poe to COMELEC about citizenship of President D. Should
the COMELEC dismiss the case?
Ans: Yes it should be dismissed. It must be filed in PET because the SC en banc shall be the sole judge of
mall contests relating to the elections, returns and qualifications of the President.

15. Art. 8. Sec. 12


The Members of the SC and of other courts established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
PET – SC in banc
Is there a conflict in Art. 8 Sec. 12? Not a violation; it is only an adjunct office. Not a separate and
distinct
 Part of plenary powers

16. What is the term limit of President?


Ans: 1 term; 6 years

17. If President D died, 2016; VS Leni can run again?


Sec. 4. The P and VP shall be elected by direct vote of the people for a term of 6 years which shall begin
at noon on the 13th day of June next ff the day of the election and shall end at noon on the same day 6
years thereafter. The P shall not be eligible for any re-election. No person who has succeeded as P and
has served as such for more than 4 years shall be qualified for election to the same office at any time.
No VP shall serve for more than 2 successive terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the continuity of the service for the full term for
which he was elected.

18. A few days after the P election and the P is not yet qualified, VP will assume until the P is
qualified, if the VP is also not qualified, the Senate P, of not the Speaker of the House shall act.
Sec. 7 Art. 7

19. Cases the VP shall become the President to serve the unexpired term
Death, permanent disability, removal from office, resignation

Sept. 26, 2017


1. There were widespread looting in Metro Manila. Pres. D proclaimed martial law on account of
lawless violence.
Is the proclamation constitutional? Yes or no?
Ans: no. Unconstitutional.

2. Military powers
(a) Calling Out Power
- Invasion, rebellion, lawless violence
(b) Power to suspend of the Writ of Habeas Corpus
- Invasion, rebellion, when the public safety requires it
(c) Power to proclaim martial law
- Invasion, rebellion, when the public safety requires it

3. What is open court doctrine?


Ans: civilians cannot be tried by military courts if the civil courts are open and functioning

4. AA and Sergeant BB were loitering along Recto where they were arrested by military because
they violate the military ordinance curfew of 12am to 3am. They were only chilling out. They
were charged of the violation of the ordinance before the military court military tribunal.
Ans: open court doctrine will be applicable to AA. Except Sgt. BB because he is a military. Sgt. BB case is
proper because he will be decided in military court for violation of the ordinance.
5. Pres. D declared/proclaimed martial law on account of rebellion by the Maute rebels. Jose, a
street beggar, filed a case questioning the legal basis of the proclamation.
OSG moved/asked to dismiss it. Is Jose’s case proper?
Ans: yes. The SC may review, in an appropriate proceeding filed by ANY CITIZEN, the factual basis of the
proclamation of the martial law.

6. Pres. D proclaimed martial law because of Maute’s forces in Manila. Congress connived in
accordance of the Constitution, voted by majority, disallowing, revoking the proclamation. Pres.
D got mad, Pres. D vetoed the revocation of the Congress resolution withdrawing, disallowing
Martial Law.
Is Pres. D revocation proper?
Ans: no. The Congress voting jointly, by a vote of at least majority of all its members may revoke
proclamation of martial law and shall not be set aside by the President.

7. What is pardon?
Ans: act of grace which exempts an individual on whom it is bestowed from punishment which the law I
inflicts a crime he has committed.

8. Atty. Dagdagbawas was charged for a violation of COMELEC law, it was tried, convicted and
declared for 10 years.
Atty. Dagdagbawas appealed the case.
Pres. D granted/issued a Presidential pardon.
Is the act of Pres issuing presidential pardon proper? Why or why not?
Ans: Art. 9, COMELEC, Sec. 5: No pardon, amnesty, parole or suspension of sentence for violation of
election laws, rules and regulations shall be granted by the Pres without the favorable recommendation
of the Commission.
Pardon is only proper when there is FINAL JUDGMENT. In this case, atty. Dagdagbawas appealed the
decision.

9. Distinguish pardon from amnesty.


Ans: pardon is public act, amnesty is private act.
Pardon looks forward and exempts individual, amnesty looks backward
“Amnesty forgets while Pardon forgives”

10. Define treaty.


Differentiate treaty from agreement.

11. General admission of tariff and trades signed in Geneva Switzerland-Phil with our ambassador
signing. Senate appointed it by majority vote. Is the approval for HP general admission of tariff
and trade valid?
Ans: Diplomatic Power
Art. 7. Sec. 21. No treaty or international agreement shall be valid and effective unless concurred in by
at least 2/3rds vote of all the Members of Senate.

12. Is a treaty an agreement or is it a convention?

13. What is judicial power?


Ans: Judicial power is the duty of the court of justice to settle actual controversies involving rights which
are legally demand able and enforceable, and to determine whether or not there has been a grave
abuse if discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentalists of the Government.

14. Congress enacted RA no. 555 mandating 4-day work week (Tues-Fri). Pres. D signed it into law so
that there will be more time for the workers with their family. Business firms filed a case against
RA no. 555 to dismiss it. You are the judge, will you dismiss it?
Ans: No, there is no actual case or controversy because there is no implanting rules or regulations.

15. What are the judicial review requisites:


Ans: (a) actual case or controversy
(b) proper party
(c) constitutional question must be raised in the earliest possible opportunity
(d) constitutional question must be the very lis mota of the case

16. Judicial Power


(a) Traditional
- Usual duty of the courts
(b) Expanded or broadening
- Determines whether there has been a grave abuse of discretion

17. Legislative – power of the sword


Judicial – power of the pen
Executive – power of the ???

Oct. 3, 2017

1. RA No. 6. An act to strengthen the SC and Judiciary System. Whereas the SC shall review the
decisions of the RTC. Is the law unconstitutional?
Ans: Unconstitutional.
Art. 6 Sec. 30
No law shall be passed increasing the appellate jurisdiction of the SC as provided in this Constitution
without its advice and concurrence.

2. Who are the members or officials constitution the JBC?


(a) Chief Justice as ex officio Chairman
(b) Secretary of Justice as ex officious member
(c) Representative of Congress as ex officio member
(d) Representative of Integrated Bar
(e) Professor of Law
(f) Retired member of Supreme Court
(g) Representative of private sector

3. PRC administered different examinations for different professions. One examinee did not make
it, this examinee requested/asked/petition to examine his/her book let or exam paper. PRC
denied the request. Examinee goes to Court. Examinee takes the exam again for the 2 nd time
and passed this time. Will the case be dismissed for being moot?
2 available answers
(a) Yes. Case will be dismissed. Elements of Judicial Review. Moot and academic meaning no more
actual case or controversy.
(b) No. Under the Doctrine of Capable Repetition Yet Evading Review.

4. What is doctrine of capable repetition yet evading review?


Ans. Domondon case – accountancy exam.
Transcendental Importance

5. HOR majority vote/decided to give 1k budget to CHR (Sept. 2017) The head of CHR, Chairman
Gaspon, filed a case before the SC, to reverse, nullify, modify to make it confirm with the law.
Judicial Dept. Will the court dismissed it?
Ans: it will go to Senate. Senate has not been affirmed the budget meaning there is no actual case and
controversy.

6. In your community, there has been ordinance, it must be punished first for it to have the actual
case or else it will be a premature case.

7. A law will be passed increasing taxes on sweet, petroleum products. It was passed and
published. People ask your help to petition to DOF, BIR to defend the locus standing (proper
party)
Ans: Taxpayer’s Suit
When does it becomes allowed?
(a) Public funds are disbursed by a political subdivision or instrumental it you, and
(b) A law is violated or some irregularity is committed and the petitioner is directly na affected by
the alleged ultra vireos act.

8. If there are patrols may by Pres. E. DBP filed a case. The SC ruled that the Pres has the power to
call out the marines and that DBP is not the proper party.
9.

Freedom Control
Anarchy Tyranny

10. Independence of Judiciary


(a) The SC is a constitutional body. It cannot be abolished nor may its membership or the manner of
its meetings be changed by mere legislation.
(b) The members of the SC may not be removed except by impeachment.
(c) The appellate jurisdiction of the SC may not be increased by law without its advice and
concurrence.
(d) The SC now has administrative supervision over all lower courts and their personnel.
(e) The members of the SC and all lower courts have security of tenure, which cannot be
undermined by a law reorganizing the judiciary.
(f) The judiciary shall enjoy fiscal autonomy.
11. What happens when the law is declared unconstitutional?
Ans:
(a) Rule: Orthodox View
An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it
creates no office; it is in legal contemplation, inoperative, as if it had not been passed. It is therefore
stricken from the statute books and considered never to have existed at all. Not only the parties but all
persons are bound by the declaration of unconstitutionality, which means that no one may thereafter
invoke it nor may the courts be permitted to apply it in subsequent cases. It is, in other words, a total
nullity.
(b) Doctrine of Operative Fact
Less stringent. The court in passing upon the question of constitutionality does not annul or repeal the
statue if it finds conflict in the Constitution. It simply refuses to recognize it and determines the rights of
the parties just as if such statute had no existence. The opinion or reasons of the court may operate as a
precedent for the determination of other similar cases, but it does not repeal, supersede, revoke or
annul the statue. The parties to the suit are concluded by the judgment, but no knew else is bound.

12. Presidential Electoral Tribunal


SC – 15 members:
1 Chief Justice
14 Associate Justices

Will it be unconstitutional if one of the members of SC become a member of PET?


Ans: Constitutional. PET is independent but not a separate entity within the Supreme Court.

Oct. 10, 2017


Proposal 1 – change the name of COA to Commission on Accounting
Proposal 2 – change the name of Philippines to Mabuhay
Proposal 3 – change the name of the Senate to upper chamber of Congress
Proposal 4 – change 20% allocation of Congress for party list

Yes No
Name: ______________________________________
Personal circumstances: ________________________

Questions: 1. What is the difference if amendments and revision?


2. People’s initiative. They obtained the required no. of vote. What is the required no. to be obtained?
Ans: 12% of the registered voters of which every legislative district must be represented by at least 3%
of the registered voters therein.
3. What comes next? What is the process of amendment?
Ans: Art 17. Sec. 4. When it is ratified by the electorate.
4. Are these changes constitutional?
Ans: either constitutional or unconstitutional
Amendments/Revision
5. What is plebiscite?
6. Congress passed law (RA no 1) changing the Philippines to Mabuhay. All of them signed including the
Congress and the President.
Ans: RA no. 1 is different from law/ constitution. Republic Acts are different animals. Republic acts are
ordinary legislations.

7. Who will be the delegates of Constitutional Convention?


Ans: executive. Constitutional convention are an entity totally different from Congress.

8. Quantitative test vs. Qualitative test.

9. Completeness test vs. Sufficient standard test.

10. What are the 3 forms of constitutional convention?

11. Proposal is made to change the title of the President to “Kataas-taasang Kagalang-galang Idol ng
Bayan” proposed by the group Bangon na Pilipinas. It was approved and ratified. But there are
objectors. It was submitted to SC for review.
Proposal 12%
3%
Ratified 50%
Question: Is it political or justifiable question? SC being conservative, can they nullify it because that
should not be the title of the President.
Ans: it is Justiciable question. No the SC can only review the process, but not because on their position
of believe.

12. Give 1 proposal which will amount to a revision.


Ans: change of democracy to parliamentary

13. Con-com, COMELEC – how many?