BTX Notes in Constitutional Law 1 Finals Subject for Amendment

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BTX Notes in Constitutional Law 1 Bugayong Notes LEGISLATIVE DEPARTMENT Q: What is legislative power? A: Legislative power is the power to propose, enact, amend and repeal laws. It is vested by the Constitution in the Congress, except to the extent reserved to the people by the provisions on initiative and referendum. Q: What is Bicameral Congress? A: It is composed of: 1. Senate 2. House of Representatives Q: What is Senate? A: The Senate is one of the chambers of the Congress and it is composed of twenty-four senators who are elected at large by the qualified voters of the Philippines, as may be provided by law. Q: Sec 3 Art. VI provides that: “The Senate shall be composed of twenty-four Senators and it is composed of twenty-four senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.” Does this mean that the number of Senators may be increased by mere legislative enactment because of the phrase “as may be provided by law? A: No. The phrase as may be provided by law does not refer to the composition. It refers to the manner on how the election shall be held or the mechanics for electing the Senators at large, within the limits provided by the Constitution. Hence, it is only through Constitutional amendment that the number of Senators can be changed. Q: What are the qualifications of a senator? (V-N3RY = vaginal entry) A: The following are the qualifications of a senator: 1) Registered Voter; 2) Natural Born Citizen of the Philippines; 3) At least 35 years old on the day of the Election; 4) Able to Read and write; and 5) Resident of the Philippines for not less than 2 Years, immediately preceding the day of election (Sec. 3, Art. VI) BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: Who is a natural born citizen? A: Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine Citizenship. Q: What does the 35 year age means? A: He must be 35 years old when the polls are opened and the votes are cast, and not on the day of the proclamation Q: Term of the Senator? A: The term of a senator is for 6 years, commencing at noon on 30-th day of June next following their election, provided, that no senator shall serve for more than 2 consecutive terms. Q: How are Senators elected? A: They are elected at large. Senatorial candidates submit themselves to a vote of the entire national electorate. Q: May person of dual citizenship run for Senate? A: Yes, because what the law disallows is dual allegiance. When a person has dual citizenship, he is a citizen of two different countries by virtue of two different laws governing in said countries. For example, X has Filipino parents and was born in the United States. By virtue of jus sanguinis (citizenship by blood), he is a citizen of the Philippines. But since he was born in the United States, he is also considered as a citizen there because of United States follow jus soli (citizenship by place of birth). It was never his fault to be in that kind of situation. What the Constitution abhors is a situation wherein, a Filipino citizen has made an oath of allegiance with a foreign country and has become a citizen of such country, yet, maintains his or her Filipino citizenship. (See Edu Manzano Case) Q: May the Congress provide additional qualifications? A: No, because the list of qualifications provided in the Constitution is exclusive. Expressio unios est exclusion alterius. Q: Domicile v. Residence A: For purposes of Political Law, the term “residence” is synonymous with “domicile”. It is the place where one habitually resides and to which, when he is absent, he has the intention of returning. It imparts not only intention to reside in a fixed place but also personal presence in that place adopted with conduct indicative of such intention. In the case of Romualdez-Marcos vs COMELEC: BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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1) Minor follows domicile of parents. 2) Wife does not automatically gain husband’s domicile. 3) Domicile of origin is lost only when there is: a) Actual removal or change of domicile; b) Bona fide intention of abandoning the former residence and establishing a new one; and c) Acts which corresponds with the purpose.

Q: Apportionment A: Apportionment is done by the Congress every three years following the return of every census in order to insure each legislative district is composed of the required number of inhabitants as required by the Constitution. Apportionment shall be made in accordance with the number of respective inhabitants on the basis of a uniform and progressive ratio. The Constitution provides that each city with a population of at least 250,000, or each province, shall have at least one representative. N.B.: If Congress enacts a statute creating for a certain province, let us say, Province Y. Then, such province by virtue of the mentioned provision above is automatically entitled to one representative. Q: What is gerrymandering? A: The creation of representative districts out of separate portions of territory in order to favour a candidate. This is prohibited under the Constitution because each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory.

Q: What comprises the House of Representatives? A: Sec. 5 (1), Art. VI provides that the House of Representatives shall be composed of not more than 250 members, unless otherwise expressly provided by law. The law referred to in this section is the apportionment law abovementioned. The HOR is composed of district representatives, party-list representatives and sectoral representatives. (He did not dwell so much on the difference of party-list representatives from sectoral representatives and how the number of seats allocated for them is computed. This is for another subject, Election Law) Q: What are the qualifications? A: The qualifications of a district representative are as follows: 1) Natural-born Filipino citizen; BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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2) 3) 4) 5)

At the day of election, at least 25 years old; Able to read and write; Registered voter; and Resident of the legislative district that he or she wishes to represent for not less than 1 year immediately preceding the day of elections.

Q: What are the qualifications of a party-list representative? A: (FUC-R) (Fucker) 1. Filipino citizens 2. marginalized and underrepresented 3. lack of well-defined constituencies. 4. There must be proportional representation Proportional representation here does not refer to the number of people in a particular district, because the party-list election is national in scope. Neither does it allude to numerical strength in a distressed or oppressed group. Rather, it refers to the representation of the "marginalized and underrepresented" as exemplified by the enumeration in Section 5 of the law; namely, "labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals Lack of well-defined constituencies lack of well-defined constituenc[y] " refers to the absence of a traditionally identifiable electoral group, like voters of a congressional district or territorial unit of government. Rather, it points again to those with disparate interests identified with the "marginalized or underrepresented." (Ang bagong bayani v. comelec) Justice Leus: I eexplain ko lang sa tagalog para hindi niyo na imememorize at mas maintindihan. Proportional Representation- Ibig sabihin niyo may representation ang mga under represented, kung saan nationally, may mga members dun. Halimbawa mga matatanda. Lack of well-defined constituencies – Ibig sabihin nito dapat hindi nakaenclose sa iisang distrito lang. Kaya nga lack of well-defined constituencies. Halimbawa, mga matatanda, pasok sila kasi hindi lang naman sa Las Pinas may matatanda. Unlike kapag isa kang Congressman, ang constitutents mo ay ang nasa iisang distrito lang. Halimbawa nga ay sa Las Pinas lang. Dapat hindi madefine ung constituencies mo at nagrerefer lang siya depende sa kung anu ang nirerepresent mo. Halimbawa, Party-list representative ng mga may kapansanan sa bicol. Hindi pwede dahil may defined constituency, mga nasa bicol.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Inhibition and Prohibitions Q: Incompatible office A: Incompatible office refers to any other office or employment in the government or any subdivision, agency, or instrumentality thereof including GOCCs and their subsidiary. Members of the Congress cannot hold an incompatible office. Q: Is the prohibition absolute? A: No. What is prohibited by the law is the simultaneous holding of the abovementioned office. Forfeiture of the seat in Congress automatically occurs upon assumption of an incompatible office. Purpose: To prevent owing loyalty to other offices. You cannot serve two masters. Q: What is a forbidden office? A: Forbidden office is an office which has been created or the emoluments thereof increased during the term for which a particular member of the Congress was elected. Said member of the Congress cannot assume such office EVEN AFTER finishing his term. The prohibition is absolute in case of forbidden offices. Purpose: To prevent trafficking in public office. These are offices that would ensure a senator to a public office after the termination of his tenure. Q: What is the prohibition against personally appearing as a counsel? A: (sec.14) (1) not personally appear as counsel before any court; (2) directly, or indirectly, interested financially in any contract with, or any franchise or special privilege granted by the Government; (3) not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. Exception: agent; firm Q: What are the legislative privileges? A: Privilege from arrest and of Speech and Debate. Q: What is privilege from arrest? A: (sec. 11) A Senator or Member of the House of Representatives shall, in all offenses punishable more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be question nor held liable in any other place for any speech or debate in the Congress or in any committee thereof. Ratio: To ensure representation of the constituents of the members of congress by preventing attempts to keep him from attending the session BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Such immunity may be availed of when congress is in session, whether regular or special and whether or not such legislator is actually attending a session. Q: What is privilege of speech and debate? A: Privilege of speech and debate- Ratio: To enable a legislator to express views bearing upon the public interest without fear of accountability outside the halls of the legislature for his inability to support his statements with the usual evidence required in the courts of justice. Requirements for privilege of speech: 1.) The remarks must be made while the legislature or the legislative committee is functioning (in session); 2.) They must be made in connection with the discharge of official duties. **Privilege of speech is not absolute since he may be called to account for his remarks by his colleagues in the Congress itself or punished for “disorderly behaviour”. Justice Leus: Where does the power of Congress come from? Ibig sabihin paano nakuha yung power na yun. Section 11 Art. 6 No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. **The phrase in any other place means that a member of the legislature cannot be made liable in places other than Congress. Hence, it is only in Congress that its members can be punished.

NOTE: Two privileges are not available while the congress is in recess. Is intended to leave legislator unimpeded in the performance of his duties and free from fear of harassment from outside. Session- refers to the entire period from its initial convening until its final adjournment. Final adjournment- this is the 30 days before the opening of next session. Adjournment - The dismissal by court, legislative assembly or properly authorize officer, of the business before them. To meet again another time appointed. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: When is the court in session? A: (sec. 15) Congress shall convene once every year on July 4 for its regular session, unless a different date is fixed by law, and shall continue to be in session until such number of days as may be determined by law until 30 days before the opening of the next regular session, exclusive of Sat, Sun, and legal holidays. President may call for a special session anytime. Q: Can the privileges be applicable outside the session hall? A: NO the codal states that No member shall be questioned XXX for any speech or debate in Congress or in any committee thereof. Based from this codal provision, the speech which is considered privileged is one which is made inside the halls of Congress. Q: When is there a regular session? A: A regular session convenes on the 4th Monday of July until 30 days before the opening of the next regular session. Q: What is a special session? A: A special session is one called by the President while the legislature is in recess. Q: What is mandatory recess? A: A mandatory recess is prescribed for the thirty-day period before the opening of the next regular session, excluding Saturdays, Sundays and legal holidays. Q: What is a quorum? A: Any number sufficient to transact business (Javellana vs Tayo) Q: Discipline of Members (Osmena vs Pendatun) A: Rules of proceedings are within the discretion of each house to formulate, unless it violates fundamental or individual rights.

There must be a concurrence of two thirds of all the members in suspending or expelling a member. Suspension must not be for more than 60 days. Other modes of disciplinary measure are; deletion of unparliamentary remarks from the record, fine, imprisonment and censure (Soft impeachment) BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Disorderly behaviour- is the prerogative of the congress and cannot as a rule be judicially reviewed. Q: What is a journal book? A: Journals are a record of what is done and past in a legislative assembly. EXCEPT: parts affecting national security, publications cannot be divulged in the public. (cross) The journal is only a resume or the minutes if what transpired during a legislative session.

Q: Matters which under the Constitution are to be entered in the journal A: (1) Yeas and nays on 3rd and final reading of a bill; (2) veto message of the President; (3) Yeas and nays on the repassing of a bill vetoed by the President; (4) Yeas and nays on any question at the request of 1/5 of members present. Q: What is an enrolled bill? A: It is one which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the governor and filed by the secretary of the state. Q: Can the proper officers revoke their signatures in the enrolled bill? A: Yes. It is only for the purpose for authenticity of the bill passing the proper procedures. Q: Journal v. Enrolled Bill A: In case of discrepancy between the two, the enrolled bill shall prevail Q: What is Electoral Tribunal A: (sec. 17) The Senate and the HOR shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. Composition:  3 SC Justices designated by CJ, the senior justice shall be the chairman  6 members of the house, chosen on the basis of proportional representation from the political parties registered. Q: Electoral Tribunal v. COMELEC A: Electoral Tribunal governs electoral protest against a candidate after his/her confirmation to a respective position, while COMELEC take jurisdiction on election dispute prior being elected. Election contest – relates only to statutory contest BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: Congressman himself is being questioned, is he required to resign? A: No, question lang naman eh bakit ka magreresign. Ahihihi Q: What is Commission on Appointment (COA) A: COA is a creature of the constitution which is executive in nature (sec.18) There shall be a Commission on Appointments consisting of: 1.) Senate President (Chairman) 2.) 12 senators 3.) 12 members of HOR **Senators and HOR shall be elected according to proportional representation **Chairman will only vote if there is a tie Q: What are the functions of COA? A: acts as legislative check on the appointing authority of the President. For the effectively of the appointment of key officials enumerated in the constitution, the consent of the commission on appointments is needed. Commission must act on the commission within thirty session days from their submission. This is to prevent freezing appointments. Ad interim appointments not acted upon at the time of adjournment of Congress even if the thirty day period has not yet expired shall be deemed by-passed.

Q: What are the powers of Congress? A: Legislative power a. General plenary power b. Specific power of appropriation c. Taxation and expropriation d. Legislative Investigation e. Question hour Non-legislative a. Power to cavass b. To declare the existence of state of war. c. To give concurrence to treaties and amnesties d. To propose amendments and to impeachment. e. etc. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What is the legislative power? A: the power of law making, the framing and to enact, amend and repeal of laws. The power to make laws includes the power to alter and repeal them. Q: To whom is vested the legislative power? A: (Sec.1) The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of representatives, EXCEPT to the extent reserved the people by the provision on initiative and referendum; (Sec. 32) “… whereby the people can directly propose and enact laws or approve or reject any act of law or part thereof …“ Q: What is a Bill? A: A bill is a measure, which if pass upon by the congress, becomes a law. It is an incipient statute. Q: What are the Bill exclusive in HoR? (APRIL) A:  Appropriation Bill – general or specific purposes;  Private Bill - franchise;  Revenue or Tariff Bill – taxes and Rate/duties;  Bills authorizing increase in public debts - bonds;  Bills of local application – purely local or municipal concern Q: Why are these exclusive in the HoR? A: Its members are presumed to be more familiar with the needs of the country in regard to the enactment of the legislation involved. Q: What is the process of passing of bill? A:  Introduction of Bill  File in the dockets section (either from Senate/HR)  1st reading -Reading of the number and title of the bill; the bill may be “killed” by the committee or it may be recommended for approval  2nd reading – reading entirely, scrutinized and debate.  3rd reading - register their votes by yeas and nays  Transfer to the other house which will under-go the same readings: 1st. 2nd, 3rd

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Bicameral Conference Committee shall harmonize, if any, the difference from the both houses. Jurisdiction of the ConCom is not limited to resolving differences between both versions of the bill. It may propose an entirely new provision. Approval or Authentication by the President and return to the House where the bill originated; the president may veto the bill for changes or suggestions.

Q: The bill should embrace the principle of “One title, one subject rule”, why? A: (1) to prevent Hodgepodge or log rolling legislation –“any act containing several subject with unrelated matters representing diverse interest.” (2) to prevent fraud or surprise upon the legislative by means of provisions in bills which the title gave no information and which might therefore be overlooked and carelessly/ unintentionally adopted. (3)To fairly appraise the people through such publication of legislative proceedings Q: Substantive limitation of a Bill A: Ex post facto law; Bill of attainder; Impairment of contract; passage of irrepealable law. Q: What are the characteristics of ex post facto laws? A: 1. Law makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act. 2. Law which aggravates a crime, makes it greater than it was 3. Law which changes the punishment and inflicts a greater punishment 4. Law which alters the legal rules of evidence, authorizes conviction upon less or different testimony than the law required at the time of commission of offense. 5. Law which assumes to regulate civil rigts and remedies only, but in effect imposes penalty or deprivation of a right for something which when done was lawful 6. Law which deprives a person accused of a crime of some lawful protection to which he has become entitled. Q: What is pocket veto? A: vetoing of a bill by an executive by not acting in time given by law. Not applicable in PH – inaction of the President for 30 days never produce a veto.

Q: What is an item? A: refers to the particulars, the details, the distinct and severable parts of the bill.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What is the power of Appropriation/ Appropriation Law? A: Spending power called the “power of the purse” belongs to Congress subject only to the veto power of president. A statute, primarily and specific purpose of which is to authorize the release of public funds from the treasury. Q: What are the limitations of Appropriation? A: Implied Limitation: (1) devoted to public purpose; (2) Sum authorized to be released must be determinate or at least determinable. Constitutional Limitation: (1) Congress may not increase the appropriations recommended by the president ; (2) the form, content, and manner shall be prescribed by law; (3) Particular operations; (4) procedure for approving appropriations for congress shall strictly follow the procedure for approving appropriations for other departments and agencies; (5) doctrine of Augmentation; (6) prohibition against sectarian benefit; (7) Automatic re-appropriation Q: What is “sub-rosa appropriation”? A: In the past, allowances are appropriated by themselves only. Q: Legislative Investigation v. Question Hour A: Question Hour (sec.22) 1. Only dept. head may appear 2. The entire body conduct the investigation 3. related to the department only 4. Appearance is discretionary 5. Obtain information in pursuant of congress oversight functions

In aid of legislation (sec. 21) 1. Any person 2. the committees conduct the investigation 3. The subject matter is any matter for the purpose of legislation 4. Appearance is mandatory 5. Aid in legislation which elicit information may be used for legislation

Note: IAL is mandatory because refusal of such could hold a person in contempt, which is punishable. Limitations of IAL: (1) in aid of legislation; (2) in accordance with duly published rules of procedure; (3) rights of persons appearing in or affected by such inquiry shall be respected.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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EXECUTIVE DEPARTMENT Q: To whom the executive power vested A: (Art.7 Sec.1) The executive power shall be vested in the president Q: What is the executive power? A: The power to enforce and administer laws

Q: Qualifications of a President A: (sec.2)  Natural born citizen of the Phil.  Registered voter  Able to read and write  At least 40 years of age at the day of election  Resident of the Phil of at least 10 years immediately preceding the next election Q: Who is a natural born citizen? A: one who is a citizen of the Philippines from birth without having any act to acquire perfection to his citizenship Q: who is a naturalized citizen? A: acquire citizenship after birth through any modes allowed by law Q: What is an executive privilege? A: Case of David vs Arroyo. (Ilagay niyo yung ruling dito) Q: How is the President elected? A: Through direct vote of the people Q: Term of Pres. A: 6 years

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What are the powers of Vice-President? A: He will assume the presidency in case the president is unable to discharge the functions of his office. He can also appointed as a member of the cabinet. Such appointment does not need confirmation from the Commission on Appointments.

Q: What are the privileges of the President? A: Immunity from suit – immune from civil liability (Estrada v Desierto) Q: Question hour vs. Inquiry on aid of legislation. A: Question hour is enshrined in Section 22, Article VI of the Constitution. It is an exercise of the legislature’s oversight function. It covers department heads only and their attendance is merely discretionary. On the other hand, inquiry in aid of legislation is enshrined in Section 21, Article VI. It covers not only department heads but all individuals who can provide vital pieces of information to the Congress which can be used in making laws. The attendance of persons in inquiries in aid of legislation is mandatory because it goes to the very heart and soul of the work of Congress. Without which, the Congress cannot perform its primary duty of making laws. Q: What are the requirements for executive privilege? A: Senate vs. Ermita Q: What are the prohibitions of the president? A: 1. Not receive any other emoluments from the government or nay other sources; 2. Not hold any or office or employment, unless provided in this Constitution; 3. Not directly or indirectly practice any other profession, participate in any business or be financially ; Interested in any contract, franchise or special privilege. 4. Strictly avoid conflict of interest in the conduct of their office; 5. May not appoint spouse or relatives by consanguinity or affinity within the fourth civil degree as members of constitutional commissions, office of the ombudsman, secretaries, undersecretaries, chairman/head/bureaus/offices/GOCCs/Subsidiaries; Q: What are the powers of the President? A: 1. Executive Power 2. Power of Appointment 3. Power of Control 4. Military Powers 5. Pardoning Power 6. Borrowing Power BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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7. Diplomatic Power 8. Budgetary Power 9. Informing Power 10. Others a. Call Congress to special session b. Power to approve or veto bills c. Consent to deputation of government personnel by COMELEC d. Discipline such deputies e. Emergency powers, by delegation from Congress f. General supervision over LGs and autonomous regional governments. (Justice Leus: Laging tandaan, may tinatawag tayong residual power of the President.) Justice Leus again: The President, upon whom the executive power is vested, has unstated residual powers other than those expressly stated in the Constitution and which are implied from the grant of executive power and which is necessary for her to comply with the duties of the Constitution. The powers of the President are not limited to what are expressly enumerated in the article on the Executive Department and in the scattered provisions of the Constitution. (Marcos vs ManglapuS) Justice Leus ulit: Tandaan ulit! All powers that are neither Legislative or Judicial are presumed to be Executive. Q: What is the appointing power? A: It is the selection, by the authority vested with power, of an individual who is to exercise the function of a given office. Q: Who can be appointed by the president? A: 1. The heads of the executive departments (requires confirmation from the COA) 2. Ambassadors, other public ministers and consuls. (requires confirmation from the COA) 3. Officers of the armed forces from the rank of colonel or naval captain (requires confirmation from the COA) 4. Those other officers whose appointments are vested in him by the Constitution. (requires confirmation from the COA) 5. All other officers of the government whose appointments are not provided for by law (NO confirmation from the COA) 6. Those whom he may be authorized by law to appoint. (NO confirmation from the COA) Q: What are the usual steps in the appointing process? A: 1. Nomination, which is made by the president BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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2. The confirmation, which is the prerogative of the Commission on Appointment and the issuance of the commission done by the President 3. The issuance of the commission, also done by the President. (This is only when the appointment is regular) Q: What is ad interim appointment? A: It is made during the recess and becomes effective then, subject to confirmation or rejection later, during the next legislative session. Q: What are the differences of regular and ad interim appointment? A: 1. Regular appointment is made during the legislative session; ad interim appointment is made during the recess 2. The regular appointment is made only after the nomination is confirmed by the commission on appointments; the ad interim appointment is made before such confirmation 3. The regular appointment, once confirmed by the commission on appointment, continues until the end of the term of the appointee; ad interim appointment shall cease to be valid if disapproved by the commission on appointments or upon the next adjournment of the congress. Q: What is the purpose of ad interim appointment? A: It is intended to prevent a hiatus in the discharge of official duties. Q: Can the congress limit the President’s power of appointment? A: Yes, by prescribing qualifications for public office. Q: What is the concept of removal power? A: The President possesses the power of removal by implication from other powers expressly vested in him. 1. It is implied from his power to appoint 2. Being executive in nature, it is implied from the constitutional provision vesting the executive power in the President. 3. It may be implied from his function to take care that laws be properly executed; for without it, his orders for law enforcement might not be effectively carried out. 4. The power may be implied from the President’s control over the administrative departments, bureaus, and offices of the government. Without the power to remove, it would not be always possible for the President to exercise his power of control. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: Is the removal powers of the president absolute? A: As a general rule, the power of removal may be implied from the power of appointment. However, the President cannot remove officials appointed by him where the Constitution prescribes certain methods for separation of such officers from public service, e.g., Chairmen and Commissioners of Constitutional Commissions who can be removed only by impeachment, or judges who are subject to the disciplinary authority of the Supreme Court. In the cases where the power of removal is lodged in the President, the same may be exercised only for cause as may be provided by law, and in accordance with the prescribed administrative procedure. Members of the career service. Members of the career service of the Civil Service who are appointed by the President may be directly disciplined by him. (Villaluz v. Zaldivar) provided that the same is for cause and in accordance with the procedure prescribed by law. Members of the Cabinet. Members of the Cabinet and such officers whose continuity in office depends upon the President may be replaced at any time. (Legally speaking, their separation is effected not by removal but by expiration of term.) (See Alajar v. CA) Q: To what extent is the removal power? A: (1) Officers exercising purely executive functions where tenure is not fixed by law. (members of the cabinet; (2) officers exercising quasi-legislative (members of SEC); (3) Removal only by impeachment; (4) civil service officers – remove only for cause as provided by law. Q: What is the Power to Control? A: (sec.17) President shall have control of all: Executive Departments, Bureaus, Offices. Control – power of an officer to alter, modify, set aside, or nullify what a subordinate had done in the performance of his duties and to substitute the judgment of the former for that of the latter. Supervision – “overseeing or the power or authority of an officer to see that subordinate officers perform their duties, and if the latter fail or neglect to fulfil them, then the former may take such action or steps as prescribed by law; To ensure that the laws have been faithfully executed. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: Control over what? A: The power of control is exercisable by the President over the acts of his subordinates and not necessarily over the subordinate himself. (Ang-angco v. Castillo) It can be said that the while the Executive has control over the “judgment” or “discretion” of his subordinates, it is the legislature which has control over their “person.” Q: Doctrine of Qualified Political Agency A: All executives and administrative organizations are adjuncts of the Executive department; the heads of the various executive departments are assistant and agent of the Chief Executive; and the acts of the secretaries, performed and promulgated in the regular course of business are, unless disapproved or probated are presumptively the acts of the Chief Executive. Q: Military powers: A: (sec.18) Section 18 grants the President, as Commanderin- Chief, a sequence of graduated powers. From the most to the least benign, these are: the calling out power, the power to suspend the privilege of the writ of habeas corpus, and the power to declare martial law. (Sanlakas v. Executive Secretary) The power of the sword makes the President the most important figure in the country in times of war or other similar emergency.336 It is because the sword must be wielded with courage and resolution that the President is given vast powers in the making and carrying out of military decisions. The military power enables the President to: 1. Calling out power: Command all the armed forces of the Philippines; Conditions: (a) actual invasion or rebellion; (b) public safety requires it . **The only criterion is that “whenever it becomes necessary” CASE: DAVID VS GMA 2. Suspend the privilege of the writ of habeas corpus Grounds for suspension: invasion or rebellion, when public safety requires it. Effects: (a) proclamation does not affect the right to bail (b) applies only to persons facing charges of rebellion (c) persons arrested must be charged within 3 days; if not, they must be released (d) Proclamation does not supersede civilian authority. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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3. Declare martial law; What is martial law? Grounds for declaration: Invasion or rebellion Effects: (a) does not suspend operation of the Constitution (b) does not supplant the functioning of civil courts or legislative assemblies (c) does not authorize conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function (d) does not automatically suspend the privilege of the writ. Q: Limitations of Military Power A: (1) He may call out the armed forces to prevent or suppress lawless violence, invasion or rebellion only. (2) The grounds for the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law are now limited only to invasion or rebellion. (3) The duration of such suspension or proclamation shall not exceed sixty days, following which it shall be automatically lifted. (4) Within forty-eight hours after such suspension or proclamation, the President shall personally or in writing report his action to the Congress. If not in session, Congress must convene within 24 hours. (5) The Congress may then, by majority votes of all its embers voting jointly, revoke his action. The revocation may not set aside by the President. (6) By the same vote and in the same manner, the Congress may, upon initiative of the President, extend his suspension or proclamation for a period to be determined by the Congress if the invasion or rebellion shall continue and the public safety requires extension. (7) The action of the President and the Congress shall be subject to review by the Supreme Court which shall have the authority to determine the sufficiency of the factual basis of such action. This matter is no longer considered a political question and may be raised in an appropriate proceeding by any citizen. Moreover, the Supreme Court must decide the challenge within thirty days from the time it is filed. (8) Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning. (9) The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. (10) Any person arrested for such offenses must be judicially charged therewith within three days. Otherwise shall be released. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: Way to lift the proclamation or suspension? A: (a) lifting by the President himself (b) Revocation by Congress (c) Nullification by the Supreme Court (d) By operation of law after 60 days The distinction must be drawn between the Presidents’ authority to declare “a state of national emergency” and to exercise emergency powers. The exercise of emergency powers, such as taking of privately-owned public utility or business affected with public interest under Art. 12 sec. 17, requires a delegation from Congress (David v. Arroyo) Q: What is Pardoning power? A: (Sec.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.” Q: What are the acts of clemency? A: (1) Pardon – act of grace which exempts the individual from punishment that the law inflicts upon the crime he has committed. (2) Commutation – reduction or mitigation of penalty (3) Reprieve – postponement of sentence/ stay of execution (4) Parole – release from imprisonment but still in custody of law although not in confinement (5) Amnesty – act of grace, with concurrence of legislature, usually extended to group of puts into oblivion the offense itself ** Discretionary exercise by the President ** Cannot be controlled by the legislature or reversed by courts unless there is a constitutional violation. Limitations: 1. Cannot be granted in cases of impeachment 2. Cannot be granted in cases of violation of election offenses without favourable recommendation of COMELEC 3. Cannot be granted in cases of legislative contempt or civil contempt 4. Cannot absolve civil liability 5. Cannot restore public offices forfeited Exceptions: On consideration of justice and equity, entitled to reinstatement 6. Only after conviction of final judgement BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What are the effects of pardon? A: 1. Removes penalties and disabilities and restores him to his full civil and political rights. 2. It does not discharge the civil liability. 3. It does not restore offices, property or rights vested in other in consequence at the conviction. Q: What are the classification of pardon? A: 1. Plenary- Extinguish all the penalties imposed upon the offender, including accessory disabilities 2. Partial- Does not extinguish the penalties imposed 3. Absolute pardon- is one extended without any strings attached, so to speak. The pardonee has no option at all and must accept it whether he likes it or not. 4. Conditional Pardon- Is one under which the convict is required to comply with certain requirements. The offender has the right to reject it since he may feel that the condition imposed is more onerous than the penalty sought to be remitted. Q: What is the difference of amnesty and pardon? A: Amnesty Pardon 1. Addressed to political offenses Infractions of peace of the state 2. No need for distinct acts of acceptance Acceptance is needed 3. Concurrence by congress Private act of the President 4. Public act which courts may take judicial Private act which must be pleaded and proved notice Looks forward and relieves pardonee of the 5. Looks back and puts into oblivion the consequence of the offenses offense itself Q: What is borrowing power? A: According to section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitation as may be provided by law. Q: What is diplomatic power? A: According to section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the senate.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What is budgetary power? A: According to section 22. The President shall submit to the Congress within 30 days from the opening of every regular session, as the basis of the general appropriation bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. Q: What is informing power? A: According to section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it any other time.

Judicial Department Q: If the President, upon seeing an open man-hole on the road, can he call the Secretary of Department of Public Works and Highways (DPWH) to fix it? A: No. the judiciary is a passive branch of the government. It will not require an action not only against the government but as well as against private individuals without a complaint or petition that is found meritorious. Q: On the other hand, can the Chief Justice of the Supreme Court (SC), upon seeing a person stabbing another, and upon reaching the SC she wrote a decision convicting the person of murder, can he do that? A: No, because that the judiciary is a passive branch of the government. Q: What is judicial power? A: It is the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable (traditional concept) and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government (broadened/expanded concept). Q: Why is it called broadened concept? A: The courts of justice can now review what was before forbidden territory, to wit, the discretion of the political departments of the government. Otherwise stated, the courts of justice can now decide on political questions. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What is a political question? A: Political questions refer to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government. Q: Political question VS. Justiciable Question A: Generally, political questions are not entertained by the courts (see the case of David v GMA for exeptions.) Political questions issues regarding matters within the full discretionary authority of a branch of government. Justiciable questions are issues where there has been a grave abuse of discretion on the part of a branch of government. Q: What is grave abuse of discretion? A: It is abuse of discretion that is too patent and gross as to amount to an evasion of a positive duty, or a virtual refusal to perform the duty enjoined or act in contemplation of law, or where the power is exercised in an arbitrary and despotic manner by reason of passion and persona hostility.

Q: What are lower courts? A: They are all other courts below the SC. They are: (1) (2) (3) (4) (5)

Court of Appeals (CA); Regional Trial Court (RTC); Metropolitan Trial Court; Municipal Trial Court; and Municipal Circuit Trial Court (MCTC)

Q: What are the special courts? A: (1) Court of Tax Appeals; (2) Sandiganbayan; and (3) Sharia courts Q: Can there be a temporary Supreme Court? A: No. As the Constitution speaks only of one Supreme Court, it is not competent for the Legislature to create even a temporary Supreme Court to sit in special cases.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What are the manifestations of the independence of the Judiciary? A: S3IRA5-DJ3 (1) The Supreme Court now has administrative supervision over all lower courts and their personnel (2) (8) The members of the Supreme Court and all lower courts have security of tenure, which cannot be undermined by a law reorganizing the Judiciary. (3) The salaries of judges may not be reduced during their continuance in office. (4) The members of the Supreme Court may not be removed except by impeachment. (5) The Supreme Court alone may initiate rules of court. (6) The Supreme Court is a constitutional body. It cannot be abolished nor may its membership or the manner of its meetings be changed by mere legislation. (7) The members of the Supreme Court shall not be designated to any agency performing quasi-judicial or administrative functions. (8) The Judiciary shall enjoy fiscal autonomy. (9) Only the Supreme Court may order the temporary assignment of judges. (10) Supreme Court can appoint all officials and employees of the Judiciary. (11) The Supreme Court has exclusive power to discipline judges of lower courts. (12) The appellate jurisdiction of the Supreme Court may not be increased by law without its advice and concurrence. (13) The Supreme Court may not be deprived of its minimum original and appellate jurisdiction. (14) Appointees to the Judiciary are now nominated by the Judicial and Bar Council (JBC) and no longer subject to confirmation by the Commission on Appointments (COA)

(5) (7) (14) Q: What is the jurisdiction of the Supreme Court? A: It is that which is prescribed and apportioned by the Congress. But the Congress may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5. Q: How are members of the Judiciary appointed? A: The members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation from the Commission on Appointments (COA). Q: What is the reason for requiring at least three nominees for every vacancy? BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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A: To give the President enough leeway in the exercise of his discretion when he makes his appointment. If the nominee were limited to only one, the appointment would in effect be made by the Judicial and Bar Council, with the President performing only the mechanical act of formalizing the commission. Q: What are the qualifications required for members of the Supreme Court or any lower collegiate court? A: The general qualification is that every member of the Judiciary be a person of proven competence, integrity, probity, and independence. The specific qualifications are: (1) He/she is a natural-born citizen of the Philippines; (2) He/she must be at least forty (40) years of age; and (3) He/she must have been for fifteen (15) years or more a judge of a lower court or engaged in the practice of law in the Philippines. These qualifications, having been enumerated in an exclusive manner, may not be reduced or increased by the Congress through ordinary legislation. Thus, a statute requiring that the members shall hold a doctorate degree in law, while calculated to improve the stature of the Supreme Court, would still be unconstitutional. But in the case of the judges of the other lower courts, it is expressly permitted for the Congress to add to the constitutional qualifications, the same being only minimum requirements. Thus, it is competent for the Legislature to provide for age or practice qualifications for such judges in addition to the citizenship and professional qualification. Q: What is Judicial and Bar Council? A: The Judicial and Bar Council, which took the place of the Commission on Appointments in the matter of judicial appointments, is the Council that will screen such appointments and not the Commission. It is composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What are the two (2) important characteristics of the Judiciary? A: (1) It is the only non-political department among the three (3) branches. Justices/judges are not elected but appointed. (2) It is a passive agency. It means that someone must invoke its jurisdiction. Someone must file a complaint so that the court may exercise its power. Q: What are the requisites of judicial inquiry? A: (APEN) (1) Actual case/controversy; (2) Proper party/locus standi/legal personality; (3) Earliest opportunity; and (4) Necessity of decision to the constitutional inquiry/necessity of deciding the constitutional issue Q: Who are the proper party? A: Q: What are the tests to an eligible proper party? A: Q: When is the earliest possible opportunity of raising the constitutional question? A: It is in the pleading. Q: What if you did not raise the constitutional question in the pleading, can the constitutional question still be considered in the trial? A: It depends. There are cases when you can still raise the constitutional question during the trial and vice-versa. (1) In criminal cases, the constitutional question can be raised at any time in the discretion of the court. (2) In civil cases, the constitutional question can be raised at any stage if it is necessary to the determination of the case itself. (3) In every case, except where there is estoppel, the constitutional question may be raised at any stage if it involves the jurisdiction of the court. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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*estoppel – an act, admission or representation which is rendered conclusive upon the person making it, who, therefore, cannot deny or disprove such act, admission or representation against the person relying thereon. (Art. 1431, Civil Code)

Q: What are the cases not considered as actual cases? A: (HRM) (1) Hypothetical problems; (2) Requests for opinion/advice; and (3) Moot and academic Q: Is a moot and academic case an actual case? Why or why not? A: No. It ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value. Q: What are the instances when the court can inquire into, or take cognizance of, a moot and academic issue? A: (1) There is a grave violation of the Constitution; (2) The issue involved is of paramount interest/transcendental importance; (3) Need for jurisprudence/when the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and (4) The case is capable of repetition yet evading review. *Proper party Test – Direct Injury Test Concerned citizen Taxpayer Voter Legislator *Supervening event *Other important points in Cruz’ book

Accountability of Public Officers BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: What is accountability of public officers? A: The basic idea of government in the Philippines is that of a representative government the officers being mere agents and not rulers of the people… where every officer accepts office pursuant to the provisions of law and holds the office as a trust for the people whom he represents. Therefore, accountability of public officers means holding oneself responsible for any act/omission of the public officers. Q: Why do we have this as a republican government? A: Public trust is something preserved for the benefit of another person (in this case, the electorate body). Public office is not something that can be claimed because it is not a right but a privilege granted by the people, exercised only insofar as the electorate wills it to be exercised. It is not a job (which may be considered a property right - means of livelihood) in a sense that one cannot demand security of tenure. As an illustrative example, an elected president stays a president only for as long as he/she is allowed to by the people. When they impeach him/her, he/she cannot go to the court and demand mandamus in order to be reinstated. Public office belongs to the public, not the public official. At best, a public official is merely an agent of the people, an elected representative. Q: What is impeachment? A: It is a method of national inquest into the conduct of public men. It is an extraordinary means of removal exercised by the Legislature over a selected number of officials, the purpose being to ensure the highest care in their indictment and conviction and the imposition of special penalties in case of a finding guilt, taking into account the degree or nature of the offense committed and the high status of the wrongdoers. Q: What are the grounds for impeachment? A: (1) Culpable violation of the Constitution – wrongful, intentional or willful disregard or flouting of the Constitution. The act must deliberate and motivated by bad faith to constitute a ground for impeachment. Mere mistakes in the proper construction of the Constitution cannot be considered a valid ground for impeachment. (2) Treason – committed by any person who, owing allegiance to the Government of the Philippines, levies war against it or adheres to its enemies, giving them aid and comfort. (3) Bribery – committed by any public officer who shall agree to perform an act, whether or not constituting a crime, or refrain from doing an act which he is officially required to do in consideration of any offer, promise, gift or present received by him personally or BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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through the mediation of another, or who shall accept gifts offered to him by reason of his office. (4) Other high crimes – those offenses which, like treason and bribery, are of so serious and enormous a nature as to strike at the very life or the orderly workings of the government. Therefore, they exclude such offenses such as rape and murder which, although as serious as treason and bribery, will not necessarily strike at the orderly workings, let alone the life, of the government. (5) Graft and corruption – to be understood in the light of the prohibited acts enumerated in the Anti-Graft and Corrupt Practices Act. (6) Betrayal of public trust – a catch-all to cover all manner of offenses unbecoming a public functionary but not punishable by the criminal statutes, such as inexcusable negligence of duty, tyrannical abuse of authority, breach of official duty by malfeasance or, misfeasance, cronyism, favoritism, obstruction of justice. Q: Who are impeachable officers? A: (1) (2) (3) (4) (5)

President of the Philippines; Vice-President; Members of the Supreme Court; Members of the Constitutional Commissions; and Ombudsman.

Q: Is the list of impeachable officers absolute? A: The list is exclusive and may not be increased or reduced by legislative enactment, following the principle of expresio unius est exclusio alterius or “the express mention of one thing excludes all others”. Q: Is the non-declaration of assets in Statement of Assets, Liabilities and Net Worth (SALN) a ground for impeachment? A: Q: What is the purpose of impeachment? A: Q: If the official resigns, will the impeachment stop? A: Yes. Impeachment’s purpose is to remove a person from his office. Who is there to remove if BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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he already resigned. Q: What are the limitations on impeachment? A: No impeachment proceedings shall be initiated against the same official more than once within a period of one year. Q: When is the period counted? A: It is counted upon the initiation of proceedings. Q: When is the complaint initiated? A: Case of Francisco Q: Can an ordinary man initiate impeachment? A: Yes, provided that there is an endorsement by a member of the House of Representatives. Q: What is the appropriate committee for cases of impeachment? A: Q: Where do you file impeachment cases? A: Q: What is the importance of the one-third (1/3) of the members of the House of Representatives? A: In case the verified complaint or resolution of impeachment is filed by at least 1/3 of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. Q: What shall the Senators do before the start of the trial? A: They shall recite an oath or affirmation because they are performing a non-legislative function. When they took their oath or affirmation as Senators, such oath or affirmation pertained to them as legislators. In impeachment cases, their oath or affirmation pertains to them being judges. Q: What is the role of the Chief Justice in impeachment cases? A: He shall preside when the President is on trial. Q: What is the quantum of evidence needed for the conviction of guilt? A: None. Only the concurrence of 2/3 of all the members of Senate is required because impeachment is a political question. BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Q: Can the Senate propose penalty and imprisonment if the official on trial is found guilty of a crime like treason? A: Yes provided that the official is criminally prosecuted. When criminally prosecuted for the offense which warranted his conviction on impeachment, the officer cannot plead the defense of double jeopardy. Q: Can the impeached official appeal to the Supreme Court? A: Generally, no. Impeachment proceedings are normally not subject to judicial review. But the court may annul the proceedings if there is a showing that there is grave abuse of discretion or non-compliance with the procedure for impeachment. Q: Who is or what is the Ombudsman? A: The Ombudsman or the Office of the Ombudsman is the protector of the people who shall act promptly on complaints filed in any form or manner against public officials or employees. Q: Are the Tanodbayan and the Ombudsman the same? A: Yes. The old Tanodbayan is now the Special Prosecutor who is limited to and charged with the prosecution. Q: What is Sandiganbayan? A: The term is a Tagalog word meaning “support of the nation” or “sandigan ng bayan”. Implicit in the name is the idea that the people can rely on this body for the attainment of the specific goals addressed to its attention. It is the present anti-graft court. Q: What is the relation of the Ombudsman, Sandiganbayan, and special prosecutors? A: The case is filed in Sandiganbayan, after the investigation of the Ombudsman. Then the special prosecutor will be the one to prosecute the case from the Office of the Ombudsman. All the evidence comes from the Ombudsman. Q: In general, what is the function of the office of Ombudsman? A: To investigate whether there is probable cause.

Current Events Is PDAF constitutional?

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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Option #1: Yes, the PDAF is constitutional as enunciated by the SC in the in the landmark cases of PHILCONSA vs. Enriquez and LAMP vs. Secretary of Department of Budget and Management. In that former case, the SC held that the CDF (the predecessor of PDAF) is constitutional because the actions of the congressmen and senators are limited only to recommending or proposing projects. The implementation and execution are still done by the executive department. On the latter case, the SC held that PDAF is constitutional because there was no evidence to establish the fact that individual members of Congress received and thereafter spend funds out of PDAF. Option #2: No, the PDAF is unconstitutional because Section 25(6), Article VI provides that discretionary funds appropriated for particular officials shall be disbursed only for public purposes, to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. The PDAF was used in contravention of the mentioned constitutional provision because in went to the pockets of private individuals, senators and congressmen. Furthermore, the vouchers used in liquidating the projects are all simulated because it was issued by bogus nongovernment organizations. Is DAP constitutional? Option #1: Yes, the DAP is constitutional because the President is authorized under Section 25(5), Article VI to augment any item in the appropriations for the executive branch using savings from other items of the appropriations of the said branch. What the Senators did was merely to recommend existing projects which are yet to be implemented. Full discretion is still within the executive department. Option #2: No, the DAP is unconstitutional because the authority of the President under Section 25(5), Article VI to realign savings is limited only to existing appropriations in the executive branch. It does not authorize him to augment items in the appropriations of the legislative branch using the savings of the executive branch. Furthermore, there is no law which authorizes the release of such funds. Section 29(1), Article VI provides that no money shall be paid out of the Treasury except in pursuance of an appropriation made by law. The intention of the President to spur the BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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economy using the DAP may be noble but the same is not authorized under the law. Ours is a government of laws and not of men.

Dissenting Opinion of Justice Leus: Is PDAF Constitutional. Yes, the jurisprudence has provided for it. PDAF is Constitutional and will always be constitutional. What will vary is the Constitutionality of how the law was implemented.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way.

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