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Legislative Process  A dual citizen can question the proclamation of Martial

Law because s/he is deemed to have the same rights and
2. 5 reason why Pork Barrel was rendered unconstitutional privileges of a full pledged citizen
mga iba pang "probably", either sa quiz or exam:
1. Emergency Powers, under Allowable Delegation of Powers
2. Atom Paglaum v Comelec, parameters before an organization can 12. 10 constitutional safeguards for Judicial Dept. independence
participate in partylist system
3. Sectoral parties/organization may either be: 1. Age of retirement; 70 years old; Sec 2, Art VIII
marginalized or lacking in well-defined constituencies 2. Fiscal autonomy- freedom from outside control particularly on
4. Is an organization, whose majority of members are unwed and financial matters; Sec 3, Art VIII
abandoned mothers, individually (not by group) receiving support 3. Members can only be removed by way of impeachment; Sec 2,
from Government (Pantawid Pamilyang Pilipino), qualified to be a Art XI
political party under partylist system? (Note that they have a 4. No law shall be passed increasing the appellate jurisdiction of
legislative agenda.) the SC; Sec30, Art VI
5. Constitutionality and legality of the 4 parameters to determine 5. Congress shall not deprive the SC of its jurisdiction stipulated
winners of partylist election, Veterans Federation v Comelec in Sec 5, Art VIII; Sec 2, (2) Art VIII
6. 5 important matters recorded in the Legislative Journal 6. No law shall be passed undermining the security of tenure of
7. In case of conflict between journal and enrolled bill, what shall judges; Sec 2, Art VIII
prevail? 7. A member can only be appointed upon the recommendation of
8. Electoral tribunal composition, 3 justices, called "Judicial the JABC; Sec 9 (1), Art VIII
Component", 6 from House, called "Legislative Component" 8. A member of the SC cannot be appointed to any agency
9. Process of Augmentation (Law, Savings, Purpose of Transfer) performing quasi-judicial or administrative function; Sec 12, Art
10. Lagman v Exec Sec 9. SC has the exclusive power to discipline and or remove judges
of lower courts; Sec 11, Art VIII
 Military powers of the president: 10. SC shall have administrative supervision over all courts and
1. Calling out power- as commander-in-chief; grounds: personnel thereof; Sec 6, Art VIII
lawless violence, rebellion or invasion
2. Power to declare martial law- grounds: invasion, 13. Chaves v JBC
rebellion—public safety requires it
3. Power to suspend the privilege of habeas corpus-  Operative fact doctrine
 Composition of Judicial and Bar Council:
11. Hanging question: Can a dual citizen question the - 7 members
proclamation of Martial Law/ ` 3 ex-officio members- Chief Justice as Chairman,
suspension of privilege of Writ of Habeas Corpus as a "concerned Secretary of Justice and a representative of the
citizen"? Congress
`4 regular members- representative of the integrated
bar of the Philippines; retired member of the Supreme 15. Fiscal autonomy (under common provisions on independent
Court; a professor of law; and a constitutional commissions)
representative of the private sector  Freedom from outside control particularly financial
- No need for confirmation of Commission on affairs in government office: SC, CSC, COMELEC, COA. As it is
Appointments; but regular members of the JABC shall qualified that the budget of the SC cannot be reduced to the
be appointed by the President with the consent of the next fiscal year, can be retained or increased and there is no
Commission on Oppointments. specific prohibition for the 3 independent constitutional
commission in the provisions of the constitution.
14. 9 instances the SC decides en banc
16. 9 common provisions on independent constitutional
The Court en banc shall act on the following matters and cases commission
1. Cases in which constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, 1. Appointed as commissioner, prohibited to hold any other
proclamation, order, instruction, ordinance, or regulation is in office or employment during tenure
question (Section 5 (a), Article VIII, 1987 PC) 2. Prohibited to practice profession or business which may
2. Criminal cases wherein death penalty is imposed affect office
3. Cases that raises novel questions of law or of transcendental 3. Prohibition to any members of the commission to be
importance financially interested, directly or indirectly
4. Cases affecting ambassadors, other public minsters and 4. Enjoys fiscal autonomy
consuls 5. They have the authority to promulgate its own rules
5. Cases involving decisions, resolutions, and orders of the 3 concerning pleadings and practice before it or before any of
independent constitutional commissions its offices; Sec 6, Art IX
6. Cases involving the dismissal of a judge, officer or employee; 6. Decisions may be appeal or brought directly to the SC by
disbarment of a lawyer or suspension from private practice for a way of petition or certiorari; implication in the hierarchy of
period of 1 year or more or a fine exceeding Php10000.00 courts is that the 3 independent constitutional commissions
7. If a doctrine or principle laid down by the division may be is considered as an administrative body congruent to the
modified or reversed. Court of Appeals, however, decisions rendered will be filed to
8. If a case assigned to a division cannot be decided by a majority the SC
vote: 7. Are authorized to appoint their officials or employees in
En banc cases: decided by majority vote; 8 members to be accordance with law
actually participating 8. Chairman, commissioner members will be appointed by the
Divisions 3- 2 majority votes President directly but subject to the consent of the
5- 3 majority votes Commission on Appointments as constitutional safeguards
7- 5 majority votes 9. Cannot be abolished thru ordinary legislation
9. All other cases where the SC may be deemed fit will be decided
en banc 17. Describe the 3 independent constitutional commissions
a. Civil Service Commission
 The human resource in the government; a central
personal agency of the government; an official document Impeachable officers:
custodian of all administrative cases involving government 1. President
employees; provides lists of recommendations in so as as non- 2. Vice- President
judicial positions; a commissioner must be with proven capacity 3. Justice of the Supreme Court
for public administration 4. Member of independent constitutional commissions
b. Commission on Elections 5. Ombudsman
 Execute all laws pertinent to right to suffrage;
administer all laws and regulations relative to the conduct of Impeachable offenses:
elections, plebiscite, initiative, referendum and recall; majority 1. Culpable violation of the Constitution
of its members are members of the Philippine Bar with the 2. Treason
practice of law with a period of 10 years. 3. Bribery
c. Commission on Audit 4. Graft and corruption
 Watchdog of all government funds and property; 5. Other high crimes or betrayal of public trust
have the authority and power to examine and audit all activities
particularly government money.
A citizen or a member of HR will file.
18. distinguish: majority, dissenting, concurring, separate Endorsed by a member of the HR of the verified complaint of the non-
opinions of SC member of the house.
If properly endorsed, refer the complaint to the committee of justice in
a. Majority opinion of the SC- view of the majority of justices in the the HR.
case; controlling opinion of the case; Purpose is for the Committee of Justice to verify if the complaint is
b. Dissenting opinion- contrary view to the majority decision; sufficient in form and in substance and to determine probable cause.
c. Separate opinion- agrees with the majority opinions but not in If sufficient, the coj will draft articles of impeachment
the results of the opinion; also in support of the majority And will present to the plenary consisting of all members of the lower
opinion; a different opinion; house to approve article of impeachment by 1/3 vote.
d. Concurring opinion- also in support, writing is adducing And once approved, will be elevated to senate for trial.
additional arguments to support the majority view Senate constitutes itself as an impeachable court as a jury system.
 If COJ recommends dismissal due to lack of form and substance,
Plenary is not bound by such recommendation of coj by 1/3 vote.
 Doctrine of purposeful hesitation- as much as possible, court Conviction requires 2/3 votes of all senate members
should desist on deciding the constitutionality of a law or an act
because of separation of powers; the presumption that before the
legislative enacted a law, they have studied it first. That the law
or act have undergone 3 readings on 3 separate days; out of
respect. If there is a clear ground, the SC will hesitate.
 Pro havice- on that particular case only