conlaw1 casedoc candelaria

7/25/2019 ConLaw1 CaseDoc Candelaria

1/27

ARTICLE INATIONAL TERRITORY

Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of theSea[1], is a belt of coastal waters etendin! at "ost twelve na#tical "iles fro" the baseline $#s#ally the"ean low%water "ar&' of a coastal state( The territorial sea is re!arded as the soverei!n territory of thestate, altho#!h forei!n shi)s $both "ilitary and civilian' are allowed innocent )assa!e thro#!h it* thissoverei!nty also etends to the airs)ace over and seabed below( The ter" "territorial waters" is alsoso"eti"es #sed infor"ally to describe any area of water over which a state has +#risdiction, incl#din!internal waters, the conti!#o#s one, the ecl#sive econo"ic one and )otentially the continental shelf(

BASELINE- Nor"ally, the baseline fro" which the territorial sea is "eas#red is the low%water line alon! thecoast as "ar&ed on lar!e%scale charts officially reco!nied by the coastal state( This is either the low%water"ar& closest to the shore, or alternatively it "ay be an #nli"ited distance fro" )er"anently e)osed land,)rovided that so"e )ortion of elevations e)osed at low tide b#t covered at hi!h tide $li&e "#d flats' is within12 na#tical "iles $22 &"' of )er"anently e)osed land( Strai!ht baselines can alternatively be definedconnectin! frin!in! islands alon! a coast, across the "o#ths of rivers, or with certain restrictions across the"o#ths of bays( .n this case, a bay is defined as /a well%"ar&ed indentation whose )enetration is in s#ch)ro)ortion to the width of its "o#th as to contain land%loc&ed waters and constit#te "ore than a "erec#rvat#re of the coast( 0n indentation shall not, however, be re!arded as a bay #nless its area is as lar!eas, or lar!er than, that of the se"i%circle whose dia"eter is a line drawn across the "o#th of thatindentation/( The baseline across the bay "#st also be no "ore than 2 na#tical "iles $ &"' in len!th(

INTERNAL WATERS- aters landward of the baseline are defined as internal waters, over which the statehas co")lete +#risdiction- not even innocent )assa!e is allowed( La&es and rivers are considered internalwaters, as are all "archipelagic waters"within the o#ter"ost islands of an archi)ela!ic state s#ch as.ndonesia or the 3hili))ines(TERRITORIAL SEA- 0 state4s territorial sea etends #) to 12 na#tical "iles $22 &"' fro" its baseline( .f thiswo#ld overla) with another state4s territorial sea, the border is ta&en as the "edian )oint between the states4baselines, #nless the states in 5#estion a!ree otherwise( 0 state can also choose to clai" a s"allerterritorial sea(Conflicts still occ#r whenever a coastal nation clai"s an entire !#lf as its territorial waters while othernations only reco!nie the "ore restrictive definitions of the UN convention( Two recent conflicts occ#rred inthe 6#lf of Sidra where Libya has clai"ed the entire !#lf as its territorial waters and the U(S( has twice

enforced freedo" of navi!ation ri!hts $6#lf of Sidra incident $1981', 6#lf of Sidra incident $1989''(CONTIGUOUS ZONE- The conti!#o#s one is a band of water etendin! fro" the o#ter ed!e of theterritorial sea to #) to 2 na#tical "iles $ &"' fro" the baseline, within which a state can eert li"itedcontrol for the )#r)ose of )reventin! or )#nishin! "i!rigeet o! its c#stos$ !iscal$ iigratio orsaitar% laws a& reg#latios withi its territor% or territorial sea" ( This will ty)ically be 12 na#tical"iles $22 &"' wide, b#t co#ld be "ore $if a state has chosen to clai" a territorial sea of less than 12 na#tical"iles', or less, if it wo#ld otherwise overla) another state4s conti!#o#s one( 7owever, #nli&e the territorialsea there is no standard r#le for resolvin! s#ch conflicts, and the states in 5#estion "#st ne!otiate their ownco")ro"ise( The United States invo&ed a conti!#o#s one on 2 Se)te"ber 1999([2]CONTINENTAL S'EL(- 0T.CL :;[] !ives the le!al definition of continental shelf of coastal co#ntries(:= &"' fro"the baselines of the territorial sea if the continental "ar!in does not stretch that far( The o#ter li"it of aco#ntry4s continental shelf shall not stretch beyond >?= na#tical "iles $;8 &"' of the baseline, or beyond1== na#tical "iles $18? &"' fro" the 2,?== "eter isobath, which is a line connectin! the de)ths of theseabed at 2,?== "eters( The o#ter ed!e of the continental "ar!in for the )#r)oses of this 0T.CL isdefined as-

a series of lines +oinin! )oints not "ore than ;= na#tical "iles $111 &"' a)art where the thic&ness of

sedi"entary roc&s is at least 1@ of the hei!ht of the continental shelf above the foot of thecontinental slo)e* or

a series of lines +oinin! )oints not "ore than ;= na#tical "iles a)art that is not "ore than ;= na#tical

"iles fro" the foot of the continental "ar!in(

The foot of the continental slo)e is deter"ined as the )oint of "ai"#" chan!e in the !radient at itsbase(The )ortion of the continental shelf beyond the 2== na#tical "ile li"it is also &nown as the etendedcontinental shelf( Co#ntries wishin! to deli"it their o#ter continental shelf beyond 2== na#tical "iles have tos#b"it infor"ation on their clai" to the Co""ission on the Li"its of the Continental Shelf( The Co""ission"#st "a&e reco""endations on "atters related to the establish"ent of the o#ter li"its of their continentalshelf( The li"its established based on these reco""endations shall be final and bindin!(Co#ntries were s#))osed to lod!e their s#b"issions to etend their continental shelf beyond 2== na#tical"iles within 1= years of UNCLAS co"in! into force in the co#ntry, or by 1> Bay 2==9 for co#ntries wherethe convention had co"e into force before 1> Bay 1999( 0s of 1 #ne 2==9, ?1 s#b"issions have beenlod!ed with the Co""ission, of which 8 have been deliberated by the Co""ission and have hadreco""endations iss#ed( The 8 are $in the order of date of s#b"ission'- #ssian


2/27

)ECLARATION O( *RINCI*LES AN) STATE *OLICIESSECTION +, *'ILI**INES AS A )E-OCRATIC AN) RE*UBLICAN STATE

BACANI ./ NACOCO6overn"ent


3/27

the fact that it was established in defiance of the eistin! le!al )rocesses( .t was a reva") of the #diciaryand the Bilitary si!naled the )oint when the le!al syste" then in effect, had ceased to be obeyed by the"a+ority vote of the "e"bers of Senate(

SECTION 6, CI0ILIAN SU*RE-ACYIB* ./ ZA-ORAArders which rese"ble the f#nctions of aid by the 0


4/27

controlled by


5/27

EASTERN S'I**ING ./ *OEAith the )roliferation of s)ecialied activities and their attendant of )ec#liar)roble"s, the national le!islat#re has fo#nd it "ore necessary to entr#st to ad"inistrative a!encies thea#thority to iss#e r#les to carry o#t the !eneral )rovisions of the stat#te( This is called the )ower ofs#bordinate le!islation(Be"orand#" Circ#lar No( 2 H i")le"entationStandard- fair and e5#itable e")loy"ent )racticeNo contract bet e")loyer and e")loyee H 3A0 to )rotect the e")loyeeTABLARIN ./ GUTIERREZith the !rowin! co")leities of "odern life, the "#lti)lication of the s#b+ectsof !overn"ental re!#lation, and the increased diffic#lty of ad"inisterin! the laws, there is a constantly

!rowin! tendency toward the dele!ation of !reater )ower by the le!islat#re, and toward the a))roval of the)ractice by the co#rts( 0s re!ards the iss#e of failin! to establish the necessary standards, the co#rtbelieves that standards have indeed been set, as can be fo#nd in SCT.AN 1 of the 19?9 Bedical 0ct- Pthestandardiation and re!#lation of "edical ed#cation(RA 36 0BB )lebiscite- )rovinces for creation of a#tono"o#s re!ion(3resident !iven )ower to "er!e the re"ainin! re!ions- s#fficient standard- efficient ad"inistration i")lied inanother lawRO)RIGO ./ SAN)IGANBAYANIDB !iven a#thority to fill in the details of the salary !rade, classification(Not #nd#e dele!ation- standards !ivenABA2A)A 0/ ER-ITA Kat 1=@ to 12@, followin! certain criteria( 3resident, thro#!h the Secretary of


6/27

not a ta b#t eercise of 3olice )ower( Co")lete- a"o#nt of #niversal char!e is based on !#idelines)rovided in 3.0( S#fficient Standard- total electrification, viability of )ower ind#stry, electricity "adeaffordableABA2A)A ./ *URISI-AD. and DAC- syste" of rewards and sanctions( even#e tar!ets !iven byIDCC* e")loyees covered by the civil service co""ission and contracts of the e")loyees

UN)UE )ELEGATION*EO*LE ./ 0ERA3robation 0ct H will only be a))lied to )rovinces which )rovide salaries for )robationofficers

Not co")lete in itself H wGn havin! )robation officers #nder discretion of the )rovincial board( Not s#fficientstandard H arbitrary standard !iven*EO*LE ./ BARRIASThe )enalty "#st not be left to the ad"inistrative a!ency, b#t "#st be )rovided bystat#te(*EO*LE ./ *ANLILIO0ct No( 1:;= H not cri"inaliin! act( Bay be char!ed #nder other law- 3enal Code*EO*LE ./ )ACUYCUY Law i")oses fine, b#t no ter"s of i")rison"ent H Bini"#", "edi#" and"ai"#" sentence de)endin! on the circ#"stances of the cri"e $"iti!atin!, etc('( #d!e !iven le!aldiscretion % circ#"stances in the cri"e )enalty to be i")osed( 0ct 29; H less than >===(== )h)CEBU O4YGEN ./ )RILON0 ;:= H increasin! "ini"#" wa!e i")le"entin! r#les

YNOT ./ INTER-E)IATE A**ELLATE COURTA ;2; H 0- )rohibition on inter%)rovince trans)ort ofcarabao and cara%beef( Pas "ay dee" necessaryQ H !ives le!islative )ower to officers- arbitrary

.")le"entin! r#les cannot add or detract fro" the )rovisions of law it desi!ned to i")le"ent(*'AR-ACEUTICAL AN) 'EALT' CARE ASSOC/ 0/ )U5UE III A No( ?1 $Bil& Code' H le!islative)ower #nder freedo" consti- 3res( 05#ino7A H )ro"ote the #se of breast"il&* Bil& Code H )ro"ote the #se of breast"il&* IA7 H.nternational law H Soft Law and hard Law- 7A H soft law, re!#lation- has to be enacted into localre!#lation before it beco"es bindin!There was a defect H . invalidated- )rovided a ban on advertise"ent on "il& s#bstit#tes, b#t the law,does not )rovide for a total ban, only the international law was followed( Iteratioal So!t Law"#st firstbe enacted into a local re!#lation before it can be followed by any a!ency( Bil& Code )rovides the localenact"ent of the soft law and it is what sho#ld have been followedABA2A)A ./ *URISI-AD. and DAC Syste" of rewards H 0 9>>?, SCT.AN 12- creation of the oint

Con!ressional Aversi!ht Co""ittee for a))roval of . of the 0( ncroah"ent of the le!islative into thereal" of +#diciary- decision is +#diciary in nat#re as it involves the inter)retation and a))lication of the 0#nto the .(TATA) ./ SEC O( )OE0 818= PIere!#latin! the Iownstrea" Ail .nd#stry2 )hases- transition:2 H i")le"ented f#ll dere!#lation addin! additional criteria- de)letion of A3S year ter", > consec#tive ter"s' 2?= "e"bers #nless otherwise )rovided by law

1( Iistrict re)resentative H nat#ral%born, at least 2? years old, read and write, re!istered voter of thedistrict, resident of sa"e district at least one year )recedin! the day of the election

2( 3arty%list re)resentativeSenate- ter" of ; years, re%election for 2 consec#tive ter"s onlylection- ; years for first 12, > years for latter 12 2 "e"bers

SECTION 7, CO-*OSITION O( T'E 'OR7A 8=@ district re)resentatives 2=@ )arty%list re)resentativesBARANGAY ./ CO-ELEC Standards for a))ortionin! seats for 3arty%list e)resentatives( 2=@co")osition - "erely a ceilin!, not "andatory to fill in all seats- "erely reserved for 3L( Check RecentRulingANG BAGONG BAYANI ./ CO-ELECCharacteristics of a )arty%list- $!#ideline for CABLC'

1( "#st re)resent the "ar!inalied and #nderre)resented !ro#)s2( "#st co")ly with declared stat#tory )olicy of enablin!


7/27

new le!islative district of San #an- rea))ortion"entGERRYMANER!NG H creation of a new le!islative district to increase )ossible n#"ber of voters forelections, contrary to the !#ideline of Pconti!#o#s, co")act and ad+acent territory(Consti H one )rovince at least on re)resentativeNot !erry"anderin! H re) who iss#ed 0 will act#ally be "ade to lose )art of his district- conti!#o#s,co")act and ad+acent territory-ARIANO ./ CO-ELEC0 :8?- B#nici)ality of Ba&ati into a hi!hly #rbanied cityKalid- rea))ortion"ent thr# s)ecial law- d#ty of con!ress to rea))ortionCriteria- )o)#lation $2?=,===' and, inco"e or area

SA-SON ./ AGUIRRE0 8?8>- Novaliches as a city- certification as to inco"e, )o)#lation and area notfatal- state"ents of NSA, D#rea# of Local 6overn"ent ;- chan!e le!islative district of Ca)oocan and 3alo")on-CABLC only to "a&e "inor ad+#st"entsLe!islative district can only be a))ortioned by Ple!islativeQ i(e( con!ress'ERRERA ./ CO-ELEC3rovince of 6#i"aras H "ade into thclass )rovinceIistrictin! based on n#"ber of inhabitants- not rea))ortion"ent- can be #nderta&en by CABLC$districtin!'SE-A ./ CO-ELECL0 H 0 9=?- )ower to create )rovince, cities, etc(Creation of the )rovince of Shariff Fab#nsan- the )ower to create )rovinces inherently involves the )ower tocreate le!islative districts( 7owever, #nder the )resent Constit#tion, the )ower to increase the allowable

"e"bershi) in the 7o#se of e)resentatives, as well as the )ower to rea))ortion le!islative districts, isvested ecl#sively in Con!ress $by virt#e of SCT.ANs ?, $1', $>' and $' of 0T.CL ;'( This tet#alco""it"ent to Con!ress of the ecl#sive )ower to create or rea))ortion le!islative districts is lo!ical(Con!ress is a national le!islat#re and any increase in its allowable "e"bershi) or in its inc#"bent"e"bershi) thro#!h the creation of le!islative districts "#st be e"bodied in a national law( .t wo#ld beano"alo#s for re!ional or local le!islative bodies to create or rea))ortion le!islative districts for a nationalle!islat#re li&e Con!ress( 0n inferior le!islative body, created by a s#)erior le!islative body, cannot chan!ethe "e"bershi) of the s#)erior le!islative body(BAGABUYO ./ CO-ELEC Le!islative a))ortion"ent H re)resentation in the 7o( ea))ortion"ent isbro#!ht abo#t by chan!es in )o)#lation and "andated by the constit#tional re5#ire"ent of e5#alre)resentation( 7ence, e")hasis is !iven to the n#"ber of )eo)le re)resented* the #nifor" and )ro!ressive

ratio to be observed a"on! the re)resentative districts* and accessibility and co""onality of interests inter"s of each district bein!, as far as )racticable, contin#o#s, co")act and ad+acent territory( .n ter"s of the)eo)le re)resented, every city with at least 2?=,=== )eo)le and every )rovince $irres)ective of )o)#lation'is entitled to one re)resentative(

SECTION 8BENGSON ./ CO-ELECe)atriation H oath of alle!iance, which reinstates )revio#s stat#s as a


8/27

S)ecial elections can coincide with re!#lar electionsOCA-*O ./ 'RET2nd )lacer cannot ta&e the )lace of a dis5#alified first )lacer

SALARIESThe salaries of "e"bers of the Senate is !overned by 0T.CL K. of the Constit#tion as follows-Sec. "#.The salaries of Senators and Members of the House of Representatives shall be determined bylaw. No increase in said compensation shall take effect until after the epiration of the full term of all themembers of the Senate and the House of Representatives approving such increase.Sec. $#.The records and books of accounts of Congress shall be preserved and be open to the public in

accordance with law! and such books shall be audited by the Commission on "udit which shall publishannually an itemi#ed list of amounts paid to and epenses incurred for each Member..t "#st be noted that in accordance with the above )rovisions, there is no )rohibition a!ainst the recei)t ofallowances by the "e"bers of Con!ress( The second SCT.AN, on the other hand, see&s to avoid therec#rrence of the ab#ses co""itted by the "e"bers of the Ald Con!ress in allottin! the"selves fab#lo#sallowances the a"o#nt of which they ref#sed to div#l!e to the )eo)le( .t is now )rovided #nder theConstit#tion that the boo&s of acco#nts of Con!ress shall be o)en to )#blic ins)ection and "#st be a#ditedby the Co""ission on 0#dit( Boreover, every "e"ber of Con!ressM ite"ied e)endit#res, incl#din!allowances, shall be )#blished ann#ally for the infor"ation of the )eo)le( .t is interestin! to note that theConstit#tion in SCT.AN 1:, 0T.CL JK..., )rovides the corres)ondin! salaries of Senators, to wit- Untilthe Con!ress )rovides otherwise, the 3resident shall receive an ann#al salary of three h#ndred tho#sand

)esos* the Kice%3resident, the 3resident of the Senate, the S)ea&er of the 7o#se of e)resentatives, andthe Chief #stice of the S#)re"e Co#rt, two h#ndred forty tho#sand )esos each* the Senators, the"e"bers of the 7o#se of e)resentatives, the 0ssociate #stices of the S#)re"e Co#rt, and the Chair"enof the Constit#tional Co""issions, two h#ndred fo#r tho#sand )esos each* and the Be"bers of theConstit#tional Co""issions, one h#ndred ei!hty tho#sand )esos each( 7owever, #nder oint esol#tionNo( 1, the salaries of the "e"bers of the Senate is increased to salary !rade >> with "onthly e5#ivalentrate of 3>?,===(==( The Senate 3resident, on the other hand, is raised to salary !rade > with a "onthlybasic salary of 3=,===(==(

SECTION ++, I--UNITY O( ARRESTP)#nishable by "ore than si years i")rison"entQ* while con!ress is in session H thBonday of +#ly $SAN0'

and ends >= days before the net session $co")#lsory recess', with s"all recesses in between(*EO*LE ./ 1ALOS1OSConviction of "ore than ; years i")rison"ent H i""#nity not a))licablelected by constit#ents even tho#!h he was already convicted(TRILLANES ./ *I-ENTEL No )erson char!ed by ca)ital offense or offense )#nishable by recl#sion)er)et#a shall be ad"itted to bail when evidence of !#ilt is stron!( Ca)acity to carry o#t his d#ties while in)rison(1I-ENEZ ./ CABANGBANGLibelo#s letter- not in the eercise of his d#tiesTho#!h, it was not libelo#s a!ainst the )etitioners, only alle!es that they were #nwittin! tools, not that theywere the )lanners the"selves( 3art of co""#nicative and deliverative )rocess*UYAT ./ )E GUZ-AN.3. elections )#yat !ro#) v( acero !ro#) SC case is "a+ority of Pthe ho#seQ based on the n#"ber of those )resent*EO*LE ./ 1ALOS1OSCo")#lsion to attend- +alos+os sayin! that he co#ld be )ers#aded for bein! #nableto attend session- not reason for release

0bsence is for a valid reason- bein! detainedARROYO ./ )E 0ENECIA0 82= )assed in con!ress not in accordance with ho#se r#les- arroyo still had5#estions re!ardin! the bill b#t it was still )assed- no callin! of the yeas and nays(.nternal r#les violated H not in co#rt +#risdiction H only the ho#se can deter"ine its r#les and )#nish its"e"bersOS-ENA ./ *EN)ATUN3rivile!e s)eech acc#sin! 3res( 6arcia of bribery %O ho#se co"itte to investi!ate%O 7o#se resol#tion V 1:? declarin! hi" !#ilty of disorderly behavior and s#s)ension for 1? "onths

0ltho#!h ee")t fro" )rosec#tion or civil action for words #ttered in con!ress, "e"bers "ay be5#estioned in CAN6SS .TSL81 H anti%o)i#" i")ortation

0ct 2>81 H said to have been )assed after last day of session- accordin! to the +o#rnals, cloc& was sto))edat 12 "idni!ht- law )assed valid +o#rnal )revails over etraneo#s evidenceCASCO ./ GI-ENEZUrea and for"aldehyde v( #rea for"aldehyde $as written in the law )assed'ordin! of the law H #rea for"aldehyde- error in the )rintin!Detween the +o#rnals and the enrolled bill- enrolled bill )revails


9/27

-ORRALES ./ SUBI)Onrolled bill over +o#rnalASTORGA ./ 0ILLEGASI#e to the circ#"stances in the case, the co#rt loo&ed into the Senate +o#rnals( a"end"ents "ade b#t not incl#ded in the bill si!ned by the )residentSenate )resident and Chief ec#tive- had already withdrawn their si!nat#res- invalidates the law*'IL/ 1U)GES ./ *RA)O


10/27

Senate contin#in! H )ower of investi!ation ter"inates at the end of session* "ay be ta&en #) a!ain at thenet session(SENATE ./ ER-ITA #estion ho#r v( Pin aid of le!islationQ- can only be li"ited by 3S.INT.0Lco""#nication )rivile!eec#tive- with )residential consent v( anyonee"edy- Sec 21- habeas cor)#s )etition v( sec 22- 5#estions to be s#b"itted beforehand and eec#tivesession

SECTION 36,con!ress sole )ower to declare the eistence of a state of war, b#t "ay by law a#thorie

)resident for a li"ited ti"e, to eercise )owers necessary and to carry o#t a declared national )olicy(Lawless violence, invasion or rebellion H either s#s)end writ of habeas cor)#s or declare "artial law(.n line with Iavid v( 0rroyo H !r( no( 1:1>9; $re D3 1=:='

SECTION 3, ORIGIN O( -ONEY BILLS$ *RI0ATE BILLS AN) LOCAL A**LICATIONAppropriations H s)ecific s#" of "oney a))ro)riated for de)art"ents for the )erfor"ance of theirf#nctionsRevenue (illsH raisin! taesTariff (illsH raises reven#e fro" i")ortation and e)ortation of !oodsDills a#thoriin! increase of )#blic debtDills of local a))lication H in relation to )rovinces, cities and "#nici)alities, e( Chan!e "#nici)ality into a

city3rivate bills H e( eac5#isition of citienshi)TOLENTINO ./ SEC O( (INANCE.t is the bill that has to ori!inate fro" the 7o, not the law itself(7o and Senate e5#al has )ower to )ro)ose a"end"ent, even thro#!h s#bstit#tion(Pori!inate ecl#sively fro" the 7o, b#t Senate "ay )ro)ose and conc#r with a"end"ents(QAL0AREZ ./ GUINGONAThe filin! in the Senate of a s#bstit#te bill in antici)ation of its recei)t of the Dill ofthe 7o#se, does not contravene the constit#tional re5#ire"ent that a bill of local a))lication sho#ld ori!inatefro" the 7o#se of e)resentatives, for as lon! as the Senate does not act there#)on #ntil it receives the7o#se Dill(3resentations on $> area% > !ro#)s'Constit#tional co""issions on CABLC- Civil Service and CA0

SOUT'ERN CROSS ./ *'ILCE-CORDill is a tariff bill for a )artic#lar )#r)ose*ASCUAL ./ SEC/ O( *UBLIC WOR2S.ncidental advanta!e to the )#blic or to the state, which res#ltsfro" the )ro"otion of )rivate interest and the )ros)erity of )rivate enter)rises or b#siness, does not +#stifytheir aid by the #se )#blic "oney(

SECTION 37 RULES ON A**RO*RIATIONBRILLANTES ./ CO-ELEClectronic 5#ic& co#nt $3hase ...' not incl#ded in the 600( 0))ro)riation in the600 H for "oderniation of lection syste"* not for 5#ic& co#ntGUINGONA ./ CARAGUE0))ro)riation H there "#st be a fied a"o#nt- valid if it only needs to beco")#tedGARCIA ./ -ATA>rdlaw sho#ld have a))lied, b#t a))licable )rovision was invalidated d#e to its insertion

in the 0))ro)irations 0ct(ATITIW ./ ZA-ORA.n order that a )rovision or cla#se in a !eneral a))ro)riations bill "ay co")ly with thetest o! geraeess$ it #st @e partic#lar$ #a@ig#o#s$ a& appropriate/

&articular H if it relates s)ecifically to a distinct ite" or a))ro)riation in the bill and does not refer

!enerally to the entire a))ro)riations bill

)nam(iguousH when its a))lication or o)eration is a))arent on the face of the bill and it does not

necessitate reference to details or so#rces o#tside the a))ro)riations bill

Appropriate H when its s#b+ect "atter does not necessarily have to be treated in a se)arate

le!islation((ARINAS ./ E4ECUTI0E SECRETARYIifference between elective and a))ointed officials()E-ETRIA ./ ALBAThe )resident cannot indiscri"inately transfer f#nds witho#t re!ard as to whether or

not the f#nds to be transferred are act#ally savin!s in the ite" fro" which the sa"e are to be ta&en, orwhether or not the transfer is for the )#r)ose of a#!"entin! the ite" to which said transfer is to be "ade(*'ILCONSA ./ ENRI5UEZ Chief of Staff cannot be dele!ated )ower to a#!"ent- only for thoseen#"erated in the constit#tion(SANC'EZ ./ COA2 re5#isites for a#!"entation- 1' 0ct#al savin!s* and, 2' there is an eistin! ite" to bea#!"ented( Ie)#ty ec#tive Secretary of I.L6 H no )ower to a#!"ent- only )resident, senate )resident,s)ea&er of the 7o#se, Chief #stice, and heads of Constit#tional Co""issions

SECTION 38, S#@ect a& title o! @ills ; Geeral prohi@itio o =ri&ersDCOR)ERO ./ CABATUAN)OThe constit#tional re5#ire"ent $one title H one bill r#le' is satisfied if all )artsof the law related to, and are !er"ane to the s#b+ect "atter e)ressed in the title of the Dill(

.t is s#fficient of the title is co")rehensive eno#!h reasonably to incl#de the !eneral ob+ect which the stat#tesee&s to effect, witho#t e)ressin! each and every end and "eans necessary or convenient for theacco")lish"ent of the ob+ect(*'ILCONSA ./ GI-ENEZ.t has been the !eneral dis)osition of the co#rt that the constit#tional )rovisioninvolvin! the one title H one s#b+ect r#le sho#ld be constr#ed liberally, in favor of the validity of the stat#te(


11/27

The )#r)ose of this r#le is to-1( )revent fra#d or s#r)rise in the le!islat#re2( fairly a))raise the )eo)le, thro#!h s#ch )#blication of le!islation that are bein! considered, in order

that they "ay have the o))ort#nity of bein! heard thereon by )etition or otherwise, if they shall sodesire(

The re5#ire"ent that the s#b+ect of the act shall be e)ressed in its title is not a "ere r#le of le!islative)roced#re* it is B0NI0TAW( .t is the d#ty of the co#rt to declare void any stat#te not confor"in! to theconstit#tional )rovision(ALALAYAN ./ N*C.f the ob+ect of the law is to a"end a )revio#s le!islation, it will s#ffice if the title !ives

reference to the a"ended law(INSULAR LU-BER ./ CTAThe )ri"ary )#r)ose of the one s#b+ect%one title r#le is to )rohibit d#)licity ofle!islation, the title of which "i!ht co")letely fail to a))raise the le!islators or the )#blic of the nat#re,sco)e and conse5#ences of the law or its o)eration( %O every )res#")tion fails its validityhere there is do#bt as to the ins#fficiency of either the title or the 0ct, the le!islation sho#ld be s#stained(TIO ./ 0I)EOGRA- REGULATORY BOAR)0rt( K., Sec( 2; is s#fficiently co")lied with if the title isco")rehensive eno#!h to incl#de the !eneral )#r)ose to which a stat#te see&s to achieve( .t is satisfied ifall the )arts of the stat#e are related to, and are !er"ane to the s#b+ect e)ressed in the title, or as lon! asthey are not inconsistent with and forei!n to the !eneral s#b+ect and title( 30CT.C0L rather thanTC7N.C0L constr#ction(*'IL/ 1U)GES ./ *RA)OThe title need not be an inde of the body of the act, or be co")rehensive as to

cover every sin!le detail of the "eas#re( .t need only that all )rovisions in said act sho#ld be !er"ane to thes#b+ect thereof(TOBIAS 0/ ABALOS0 liberal constr#ction of the one title%one s#b+ect r#le has been invariably ado)ted bythe co#rt so as not to i")ede or cri))le le!islation(TATA) ./ )OEThe title of a law need not "irror or f#lly inde or catalo!#e all the contents or )rovisions ofthe said law()E GUZ-AN ./ CO-ELEC3#r)ose of SCT.AN 2;- 1' )revent hod!e%)od!e or lo!%rollin! le!islation* 2'to )revent s#r)rise or fra#d #)on the le!islat#re by "eans of )rovisions in bills of which titles !ave no info,and which "i!ht therefore be overloo&ed and carelessly and #nintentionally ado)ted* and, >' to fairlya))raise the )eo)le thro#!h s#ch )#blication of le!islative )roceedin!s as is #s#ally "ade, of the s#b+ectsof le!islation that are bein! considered, in order that they "ay have o))ort#nity of bein! heard thereon by

)etition or otherwise if they so desire( SCT.AN 2; is said to have been co")lied with if the title isco")rehensive eno#!h to e"brace the !eneral to e"brace the !eneral ob+ective it see&s to achieve-)res#")tion is in favor of validity(CAWALING ./ CO-ELECvery stat#tes has in its favor the )res#")tion of validity- !ro#nds for n#llity"#st be beyond reasonable do#bt( $This also !oes for one title%one s#b+ect r#le'(

SECTION 3, *ROCE)URE IN LAW:-A2INGARROYO ./ )E 0ENECIANo r#le of the 7o#se of e)resentatives has been cited which s)ecificallyre5#ires that in case involvin! the a))roval of a conference co""ittee re)ort, the Chair "#st restate the"otion and cond#ct a viva voce or no"inal votin!( The constit#tion does not re5#ire that the yeas and naysof the Be"bers be ta&en every ti"e a 7o#se has to vote, ece)t only in the ff circ#"stances- 1' #)on the

last and third readin!s of the bills* 2' at the re5#est of 1G? of the "e"bers )resent* and, >' in re)assin! a billover the veto of the )resident(ABA2A)A ./ ER-ITA.t is within the )ower of a conference co""ittee to incl#de in its re)ort an entirelynew )rovision that is not fo#nd either in the 7o#se bill or in the Senate bill( .f the co""ittee can )ro)ose ana"end"ent consistin! of one or two )rovisions, there is no reason why it cannot )ro)ose several)rovisions, collectively considered as Pan a"end"ent in the nat#re of a s#bstit#teQ, so lon! as s#cha"end"ent is !er"ane to the s#b+ect of the bills before the co""ittee(Dica"eral conference co""ittees H have )ower to introd#ce a"end"ents(No a"end"ent r#le )ertains only to the )roced#re to be followed by each ho#se of the Con!ress withre!ard to bills initiated in each of said res)ective 7o#ses, before said bill is trans"itted to the other ho#sefor its conc#rrence or a"end"ent(CO--ISSIONER O( INTERNAL RE0ENUE ./ CTA0n Pite"Q in a reven#e bill doesnMt refer to an entireSCT.AN i")osin! a )artic#lar &ind of ta, b#t rather to the s#b+ect of the ta and the ta rate( To constr#ePite"Q as referrin! to the whole SCT.AN, wo#ld tie the )residentMs hand in choosin! either to a))rove thewhole SCT.AN at the e)ense of also a))rovin! a )rovision therein which he dee"s #nacce)table or vetothe entire SCT.AN at the e)ense of fore!oin! the collection of the &ind of ta alto!ether(.n 0))ro)riation bills, the )resident "ay eercise Pite"%vetoQ(GONZALEZ ./ -ACARAIG The ter"s ite" and )rovision in b#d!etary le!islation and )ractice areconcededly different( 0n ite" in a bill refers to the )artic#lars, the details, and the distinct and several )artsof a bill( .t f#rthered that Pan Xite"M of an a))ro)riation bill obvio#sly "eans an ite" which in itself is as)ecific a))ro)riation of "oney, not so"e !eneral )rovision of law, which ha))ens to be )#t into ana))ro)riation bill(Q .na))ro)riate )rovisions H sho#ld be treated as ite"s s#b+ect to the veto )ower of the)resident( To deter"ine if a )rovision is an ina))ro)riate )rovision- test o! appropriateess( .t is noteno#!h that a )rovision be related to the instit#tion or a!ency to which f#nds are a))ro)riated( Conditionsand li"itations )ro)erly incl#ded in an a))ro)riation bill "#st ehibit s#ch a connection with "oney ite"s ofa))ro)riation that they lo!ically belon! in a sched#le of e)endit#res(


12/27

BENGZON ./ )RILON The act of the ec#tive in vetoin! )artic#lar )rovisions is an eercise of aconstit#tionally vested )ower( D#t the veto )ower is not absol#te( Anly )artic#lar ite"s "ay be vetoed( The)resident cannot set aside or reverse a final and eec#tory +#d!"ent of the co#rt thro#!h the eercise of theveto )ower, nor can she enact or a"end stat#tes )ro"#l!ated by her )redecessors, "#ch less to re)ealeistin! laws(*'ILCONSA ./ ENRI5UEZhere the veto is clai"ed to have been "ade witho#t or in ecess of thea#thority vested in the 3resident, the iss#e of an i")er"issible intr#sion of the ec#tive into the Le!islativedo"ain arises(

SECTION 3


13/27

of


14/27

i""#nity is the )resident hi"self('ARLOW ./ (ITZGERAL)#alified .""#nity or P!ood faithQ i""#nity "ay be #se by an official( 0 officialwo#ld be 5#alifiedly i""#ne if he $1' does not &now that the action ta&en in his s)here of res)onsibilitywo#ld violate the constit#tional ri!hts of the victi"( $2' did not act with "alicio#s intent( 6ovMt officials)erfor"in! discretionary f#nctions !enerally are shieled fro" civil da"a!es insofar as their cond#ct does notviolate clearly established stat#tory or constit#tional ri!hts a reasonable )erson wo#ld have &nown(CLINTON ./ 1ONESThe 3resident of the United States is entitled to absol#te i""#nity fro" da"a!esliability )redicated on official acts( So"e )#blic servants are !ranted i""#nity fro" s#its for "oneyda"a!es arisin! o#t of their official acts so as to enable the" to )erfor" their desi!nated f#nctions

effectively witho#t fear that a )artic#lar decision "ay !ive rise to )ersonal liability( The societal interest in)rovidin! s#ch )#blic officials with the "ai"#" ability to deal fearlessly and i")artially with the )#blic atlar!e as an acce)table +#stification for official i""#nity( The )oint of i""#nity for s#ch officials is to forestallan at"os)here of inti"idation that wo#ld conflict with their resolve to )erfor" their desi!nated f#nction in a)rinci)led fashion( 7owever, as "#ch as so"e )#blic officials incl#din! the 3resident, "ay be !rantedi""#nity, it does not a))ly to #nofficial cond#ct( .""#nities are !ro#nded in the nat#re of the f#nction)erfor"ed, not the identity of the actor who )erfor"ed(GLORIA ./ CA.""#nity fro" s#it for the )resident, not for cabinet "e"bers(ESTRA)A ./ )ISIERTOTho#!h inc#"bent )residents are i""#ne fro" s#it IU.N6 their ten#re, thisi""#nity does not etend DWANI their ten#re( 0dditionally, the char!es filed a!ainst ra) are cri"inal innat#re, and the SC cannot Pwra) hi" in )ost%ten#re i""#nity fro" liabilityQ( .t wo#ld then circ#"vent the

!eneral a))lication of laws to hi"()A0I) ./ ARROYOThe 3resident, d#rin! his ten#re of office or act#al inc#"bency, "ay not be s#ed in anycivil or cri"inal case, and there is no need to )rovide for it in the Constit#ion or law( .t will de!rade thedi!nity of the hi!h office of the 3resident, the 7ead of State, if he can be dra!!ed into co#rt liti!ations whileservin! as s#ch(


15/27

)residency or vice%)residency before the elections are held(SECTION :, SCT.AN 2, which )rovides that the Co""issioner and 0ssociateCo""issioners of the 3C are /all to be a))ointed by the 3resident for a ter" of nine $9' years, witho#trea))oint"ent, to start fro" the ti"e they ass#"e office ((LORES ./ )RILONThe )ower of choice is the heart of the )ower to a))oint( 0))oint"ent involves an


16/27

eercise of discretion of who" to a))oint* it is not a "inisterial act of iss#in! a))oint"ent )a)ers to thea))ointee( .n other words, the choice of the a))ointee is a f#nda"ental co")onent of the a))ointin! )ower(RU(INO ./ EN)RIGAThe )ower to a))oint is the )rero!ative of the 3resident, ece)t in those instanceswhen the Constit#tion )rovides otherwise( Under SCT.AN 1;, there is a fo#rth !ro#) of lower%ran&edofficers whose a))oint"ents Con!ress "ay by law vest in the heads of de)art"ents, a!encies,co""issions, or boards( These inferior or lower in ran& officers are the s#bordinates of the heads ofde)art"ents, a!encies, co""issions, or boards who are vested by law with the )ower to a))oint( Con!resshas the discretion to !rant to, or withhold fro", the heads the )ower to a))oint lower%ran&ed officers( The198: Constit#tion only allows heads of de)art"ents, a!encies, co""issions, or boards to a))oint only

Pofficers lower in ran&Q than s#ch Pheads of de)art"ents, a!encies, co""issions, or boards(QCAL)ERON ./ CARALE The second sentence of Sec 1;, 0rt K.. refers to all other officers of the!overn"ent whose a))oint"ents are not otherwise )rovided for by law and those who" the 3resident "aybe a#thoried by law( The NLC Chair"an and Co""issioners fall within the second sentence of Sec 1;(The Chair"an and Be"bers of the NLC are NAT a"on! the officers "entioned in the first sentence ofSec 1;, whose a))oint"ents re5#ires the confir"ation by the Co""ission on 0))(TARROSA ./ SINGSONCon!ress cannot by law e)and the confir"ation )owers of the Co""ission on

0))oint"ents and re5#ire confir"ation of a))oint"ents of other !overn"ent officials not e)ressly"entioned in the first sentence of SCT.AN 1; of 0T.CL : of the Constit#tion(-ANOLO ./ SIZTOZAThe )olice force is different fro" and inde)endent of the ar"ed forces and the ran&sin the "ilitary are not si"ilar to those in the 3N3( Th#s, directors and chief s#)erintendents of the 3N3,

s#ch as res)ondent )olice officers in this case, do not fall #nder the first cate!ory of )residential a))ointeesre5#irin! the confir"ation by the C0 $see first sentence of the first )ara!ra)h of SCT.AN 1;'( 3N3 is not)art of the 0 branches of!overn"ent( ith this )ower, co"es the )ower to control all of the eec#tive de)art"ents( 7e can a))ointthese heads, and dis"iss the" as he )leases( 7avin! the )ower to control and direct the", he as well canconfir", "odify or reverse the decisions of these de)art"ent secretaries(ANG:ANGCO ./ CASTILLOThe )ower of control of the 3resident etends to the )ower to Palter or "odifyor n#llify or set aside what a s#bordinate officer had done in the )erfor"ance of his d#ties and to s#bstit#tethe +#d!"ent of the [3resident] for that of the [s#bordinate officer](Q This "ay be etended to the )ower toPinvesti!ate, s#s)end or re"ove officers and e")loyees who belon! to the eec#tive de)art"ent if they are)residential a))ointees or do not belon! to the classified service for s#ch can be +#stified that the )ower tore"ove is inherent to the )ower to a))oint(Q The sa"e cannot be done to officers or e")loyees who belon!to the classified service( The )roced#re laid down in the Civil Service 0ct of 19?9 "#st be followed for their

re"oval(0ILLALUZ ./ ZAL)I0AR.nherent in the )ower to a))oint is the )ower to re"ove(NA-ARCO ./ ARCA3residentMs )ower of control incl#des 6ACCs as )art of the ec#tive de)art"ent()RILON ./ LI-S#)ervision H "erely to deter"ine if r#les are bein! followed* control H chan!e the r#lesand creates new ones, and )rovide )enalties for non%co")liance with the r#les(*ASEI ./ TORRESThe Binistry of Labor is #nder the eec#tive de)art"ent and the )resident has the)ower of control of its de)art"ent head $Secretary'( .t is i")licit in the )ower of control is the )ower toreview, confir", "odify or reverse acts of Ie)tM heads( .n this case, if the Secretary !rants a new license,Barcos can deny or a))rove of it( 7ence, this LA. ta&es the nat#re of a )residential iss#ance which can bere)ealed by a later )residential iss#ance()E LEON ./ CAR*IO0cts of the alter e!os of the 3resident are acts of the 3resident hi"self #nlessdisa))roved or re)robated by the Chief ec#tive(

0ll eec#tive de)art"ents, b#rea#s, and offices are #nder control of 3resident

3residentMs )ower of control over cabinet, who in t#rn controls b#rea#s and other offices #nder their

+#risdictiono 0s head of eec#tive de)art"ent, he "ay dele!ate so"e of his )owers to the Cabinet ece)t

when he is re5#ired by the Constit#tion to act in )erson or in the ee!encies of the sit#ationsde"and that he act )ersonally

The ND. is #nder the Ie)art"ent of #stice and since the Secretary of #stice acts as alter e!o of the

3resident, his orders "#st be followed by the Iirector of the ND.(1OSON ./ TORRES#risdiction over ad"inistrative disci)linary actions a!ainst elective local officials islod!ed in two a#thorities- The disci)linin! a#thority and the .nvesti!atin! 0#thority( The Iisci)linin!

0#thority is the 3resident whether actin! by hi"self or thro#!h the ec#tive Secretary( The Secretary ofthe .nterior and Local 6overn"ent is the .nvesti!atin! 0#thority who "ay act by hi"self or by and.nvesti!atin! co""ittee( The secretary of the I.L6, however is not the ecl#sive investi!atin! a#thority( .nlie# of the I.L6 Secretary, the disci)linin! a#thority "ay desi!nate a s)ecial .nvesti!atin! co""ittee('UTC'INSON ./ SB-AChartered instir#tions are always #nder the )ower of control of the 3resident(


17/27

*RA ./ BUNAG The tas& of the Ie)art"ent of D#d!et and Bana!e"ent is si")ly to review theco")ensation and benefits )lan of the !overn"ent a!ency or entity concerned and deter"ine if the sa"eco")lies with the )rescribed )olicies and !#idelines iss#ed in this re!ard( The role of the Ie)art"ent ofD#d!et and Bana!e"ent is s#)ervisorial in nat#re, its "ain d#ty bein! to ascertain that the )ro)osedco")ensation, benefits and other incentives to be !iven to 30 officials and e")loyees adhere to the)olicies and !#idelines iss#ed in accordance with a))licable laws()O-INGO ./ ZA-ORA3ower of the 3resident to reor!anie over- 1' office of the 3resident )ro)er* 2'offices within the office of the 3residentRO-UL)EZ ./ SN)IGANBAYANThe felonio#s act of )#blic officials and their close relatives are not acts

of the state, and the officer who acts ille!ally is not actin! as s#ch, b#t stands on the sa"e footin! as anyother offender(C'A0EZ ./ RO-ULOUnder SCT.AN 1:, 0T.CL K.. of the Constit#tion, heGshe is !iven )owers as theChief ec#tive- PThe )resident shall have control of all the eec#tive de)art"ents, b#rea#s and offices( 7eshall ens#re that the laws be faithf#lly eec#ted(Q 0s the Chief ec#tive, 6B0 holds the steerin! wheel thatcontrols the co#rse of her !overn"ent( She lays down the )olicies in the eec#tion of her )lans and)ro!ra"s( hatever )olicy she chooses, she has her s#bordinate to i")le"ent the"( .n short, she has the)ower of control( henever a s)ecific f#nction is entr#sted by law or re!#lation to her s#bordinate, she "ayact directly or "erely direct the )erfor"ance of a d#ty( Th#s, when 6B0 directed bdane to s#s)end theiss#ance of the 3TC co#rses of action $in ti"es of national e"er!ency'-

To call o#t 0r"ed ercises

3resident 3resident 3resident 3resident3res( "a+( Afall of Con!ress

E!!ect 3ost)ones to aday certain

e"ission of)art of the

)#nish"ent

e")ts fro")#nish"ent

$loo&s forward'

%abolishesoffense$loo&s


18/27

%relieved fro"conse5#ences

%civil liabilitybac&ward'

Re#isites


19/27

ABAYA ./ EB)ANE0n "e>chage o! otes"is a record of a ro#tine a!ree"ent that has "any si"ilaritieswith the )rivate law contract( The a!ree"ent consists of the echan!e of two doc#"ents, each of the )artiesbein! in the )ossession of the one si!ned by the re)resentative of the other( Under the #s#al )roced#re, theacce)tin! State re)eats the tet of the offerin! State to record its assent( The si!natories of the letters "aybe !overn"ent Binisters, di)lo"ats or de)art"ental heads( The techni5#e of echan!e of notes isfre5#ently resorted to, either beca#se of its s)eedy )roced#re, or, so"eti"es, to avoid the )rocess ofle!islative a))roval( .t is stated that "treaties$ agreeets$ co.etios$ charters$ protocols$&eclaratios$ eora&a o! #&ersta&ig$ os .i.e&i a& e>chage o! otes" all re!er to"iteratioal istr#ets @i&ig at iteratioal law/" Si!nificantly, an echan!e of notes is

considered a for" of an eec#tive a!ree"ent, which beco"es bindin! thro#!h eec#tive action witho#t theneed of a vote by the Senate or Con!ress( 0!ree"ents concl#ded by the 3resident which fall short oftreaties are co""only referred to as eec#tive a!ree"ents and are no less co""on in o#r sche"e of!overn"ent than are the "ore for"al instr#"ents H treaties and conventions( They so"eti"es ta&e thefor" of echan!e of notes and at other ti"es that of "ore for"al doc#"ents deno"inated /a!ree"ents/ or/)rotocols/( The )oint where ordinary corres)ondence between this and other !overn"ents ends anda!ree"ents H whether deno"inated eec#tive a!ree"ents or echan!e of notes or otherwise H be!in, "ayso"eti"es be diffic#lt of ready ascertain"ent(*harace#tical ./ )O'Non%c#sto"ary laws need to be transfor"ed into local le!islation before it can bebindin!- ratification and conc#rrence of Senate(

ARTICLE 0III

1U)ICIAL )E*ART-ENT

SECTION +, 1U)ICIAL *OWER-ARBURY ./ -A)ISON#dicial review- a#thority of the co#rt to in5#ire into the acts of the branches of!overn"ent or instr#"entalities thereof(SANTIAGO ./ BAUTISTA#dicial f#nction is an act )erfor"ed by virt#e of +#dicial )owers* the eercise ofwhich is the doin! of so"ethin! in the nat#re of the action of the co#rt( .n order that a s)ecial action ofcertiorari "ay be invo&ed in this +#risdiction, the followin! "#st eist-a( That there "#st be a s)ecific controversy involvin! the ri!hts of )ersons or )ro)erty*b( S#ch controversy is bro#!ht before a trib#nal, board, or officer for hearin! and deter"ination of ri!hts andobli!ations(

-ANILA ELECTRIC ./ *ASAY TRANSITThe S#)re"e Co#rt and its "e"bers sho#ld not and cannot bere5#ired to eercise any )ower or to )erfor" any tr#st or to ass#"e any d#ty not )ertainin! to or connectedwith the ad"inisterin! of +#dicial f#nctions( The )ower conferred on this co#rt is ecl#sively +#dicial, and itcannot be re5#ired or a#thoried to eercise any other( ( ( ( .ts +#risdiction and )owers and d#ties bein!defined in the or!anic law of the !overn"ent, and bein! all strictly +#dicial, Con!ress cannot re5#ire ora#thorie the co#rt to eercise any other +#risdiction or )ower, or )erfor" any other d#ty 0nd while iteec#tes fir"ly all the +#dicial )owers entr#sted to it, the co#rt will caref#lly abstain fro" eercisin! any)ower that is not strictly +#dicial in its character, and which is not clearly confided to it by the Constit#tion(NOBLE1AS ./ TEE'AN2EE#dicial )ower does not incl#de the )ower to disci)line officers in othersbranches of !overn"ent with e5#al ran& as that of a +#d!e( This is beyond the +#dicial s)here(RA)IOWEALT' ./ AGREGA)OThe P)reservation of #diciaryMs inte!rity and effectiveness is necessaryQ(

Corollary to this is the )ower of +#diciary to "aintain its eistence( The 5#ality of the !overn"ent de)ends#)on the inde)endence of +#diciary and the officials of the !overn"ent cannot de)rive the co#rts of anythin!which is vital to their f#nctions(


20/27

+#dicial a#thority, while the eec#tive has no )ower over the )erson of the convict ece)t to )rovide forcarryin! o#t of the )enalty and to )ardon( The date can be )ost)oned, even in sentences of death( Underthe co""on law this )ost)one"ent can be ordered in > ways- $1' by co""and of the Fin! $2' by discretionof the co#rt $>' by "andate of the law(*CGG ./ )ISIERTOThe Constit#tion has tas&ed this Co#rt Pto deter"ine whether or not there has been!rave ab#se of discretion a"o#ntin! to lac& or ecess of +#risdiction on the )art of any branch orinstr#"entality of the 6overn"ent,Q incl#din! the Affice of the A"b#ds"an( S)ecifically, this Co#rt is"andated to review and reverse the o"b#ds"anMs eval#ation of the eistence of )robable ca#se, if it hasbeen "ade with !rave ab#se of discretion(

)O-INGO ./ SC'EER0ltho#!h the co#rts are witho#t )ower to directly decide "atters over which f#lldiscretionary a#thority has been dele!ated to the le!islative or eec#tive branch of the !overn"ent and arenot e")owered to eec#te absol#tely their own +#d!"ent fro" that of Con!ress or of the 3resident, theCo#rt "ay loo& into and resolve 5#estions of whether or not s#ch +#d!"ent has been "ade with !raveab#se of discretion, when the act of the le!islative or eec#tive de)art"ent violates the law or theConstit#tion(ANGARA ./ ELECTORAL TRIBUNAL#dicial s#)re"acy is b#t the )ower of +#dicial review in act#al anda))ro)riate cases and controversies, and is the )ower and d#ty to see that no one branch or a!ency of the!overn"ent transcends the Constit#tion, which is the so#rce of all a#thority( The lectoral Co""ission is aninde)endent constit#tional creation with s)ecific )owers and f#nctions to eec#te and )erfor", closer for)#r)oses of classification to the le!islative than to any of the other two de)art"ents of the !overn"ent* is

the sole +#d!e of all contests relatin! to the election, ret#rns and 5#alifications of "e"bers of the National0sse"bly(US ./ NI4ON The "ere assertion of an Pintra%eec#tiveQ dis)#te does not defeat federal +#risdiction(


21/27

d#ty en+oined by, or in conte")lation of law()E(ENSOR:SANTIAGO ./ GUINGONAThe )resent constit#tion now fortifies the a#thority of the co#rts todeter"ine in an a))ro)riate action the validity of the acts of the )olitical de)art"ents( .t s)ea&s of +#dicial)rero!ative in ter"s of d#ty- #dicial )ower incl#des the d#ty of the co#rts of +#stice to settle act#alcontroversies involvin! ri!hts which are le!ally de"andable and enforceable, and to deter"ine whether ornot there has been a 60I0L on the )art of any branch or instr#"entality of the !overn"ent(TATA) ./ )OE #dicial )ower incl#des not only the d#ty of the co#rts to settle act#al controversiesinvolvin! ri!hts which are le!ally de"andable and enforceable, b#t also the d#ty to deter"ine whether ornot there has been !rave ab#se of discretion a"o#ntin! to lac& or ecess of +#risdiction on the )art of any

branch or instr#"entality of the !overn"ent( The co#rts, as !#ardians of the Constit#tion, have the inherenta#thority to deter"ine whether a stat#e enacted by the le!islat#re transcends the li"it i")osed by thef#nda"ental law( here a stat#te violates the Constit#tion, it is not only the ri!ht, b#t the d#ty of the

+#diciary to declare s#ch n#ll and void( The )etitioner is not assailin! the wisdo" of the law, b#t itsconstit#tionality( Therefore, there is a +#sticiable controversy(TELEBA* ./ CO-ELEC0 +#sticiable controversy has arisen as 6B0 alla!ed that said law violates itsri!hts a!ainst de)rivation of )ro)erty witho#t +#st co")ensation and that it has s#stained "illions of )esos inda"a!es res#ltin! therefro"(-IRAN)A ./ AGUIRREPThe ter" X)olitical 5#estionM connotes what it "eans in ordinary )arlance, na"ely,a 5#estion of )olicy( .t refers Xto those 5#estions which #nder the Constit#tion are to be decided by the)eo)le in their soverei!n ca)acity* or in re!ard to which f#ll discretionary a#thority has been dele!ated to

the le!islative or eec#tive branch of the !overn"ent(M .t is concerned with iss#es de)endent #)on thewisdo", not le!ality, of a )artic#lar "eas#re(QP0 )#rely +#sticiable iss#e i")lies a !iven ri!ht, le!ally de"andable and enforceable, an act or o"issionviolative of s#ch ri!ht, and a re"edy !ranted and sanctioned by law, for said breach of ri!ht(QCUTARAN ./ )ENRThere is no +#sticiable controversy beca#se the a))lications are still )endin!( 7ence,there is not !overn"ent act to s)ea& of and r#le #)on(ESTRA)A ./ )ISIERTOeview of the inability of the )resident to )erfor" his d#ties and the decision ofCon!ress is no lon!er a )olitical 5#estion( Co#rts cannot e)and eec#tive i""#nity fro" s#it( The 198:Constit#tion has narrowed the reach of the )olitical 5#estion doctrine when it e)anded the )ower of +#dicialreview of this co#rt not only to settle act#al controversies involvin! ri!hts which are le!ally de"andable andenforceable b#t also to deter"ine whether or not there has been a !rave ab#se of discretion a"o#ntin! to

lac& or ecess of +#risdiction on the )art of any branch or instr#"entality of !overn"ent( The +#diciary hasfoc#sed on the Ptho# shall notMsQ of the Constit#tion(CAWALING ./ CO-ELEC0 )olitical 5#estion is one in which the wisdo", e)ediency or +#stice of thele!islative enact"ent is bein! 5#estioned( The co#rts cannot r#le on the wisdo" of the laws(-ONTESCLAROS ./ CO-ELEC0 )ro)osed bill cannot be the s#b+ect of +#dicial review beca#se it is not alaw( #dicial review "ay only be eercised after a laws has been )assed, not before it(1O'N 'AY ./ LI-The co#rts retain f#ll discretionary )ower to ta&e co!niance of the )etition filed directlyto it if co")ellin! reasons or the nat#re and i")ortance of the #ses raised, warrant( e"andin! the case tothe lower co#rts wo#ld #nd#ly )rolon! the case(0ELAR)E ./ S1Se5#ire"ents for declaratory relief so#!ht by res)ondents are- 1' +#sticiable controversy,2'controversy is between )eo)le whose interests are adverse, >' )arty see&in! relief has a le!al interest in

the controversy and ' the iss#e is ri)e for +#dicial deter"ination(0 +#sticiable controversy refers to an eistin! case or controversy that is a))ro)riate or ri)e for +#dicialdeter"ination, not one which is "erely one of con+ect#re or "erely antici)atory( This )etition failed to alle!ean esitn! controversy or dis)#te between the )etitioner and the na"ed res)ondents(*ANGANIBAN ./ S'ELLThe co#rt cannot r#le of Pfeared hy)othetical ab#seQ- not an act#al case orcontroversy( There is not ca#se of action( No in+#ry or encroach"ent of ri!ht le!ally enforceable orde"andable(S-ART ./ NTCThe co#rt has +#risdiction over ad"inistrative iss#ances of a!encies, which were iss#ed inthe eercise of their 5#asi%le!islative, and not 5#asi%+#dicial f#nction(BUAC ./ CO-ELECeco#nt of )lebiscite ballots is ecl#sively within the real" of the Co"elec- not to beinterfered with by the co#rts(IN(OR-ATION TEC'NOLOGY ./ CO-ELECThe co#rt does not !ive advisory o)inions( .t can nly r#le onact#al cases or controversies, involvin! ri!hts which are le!ally de"andable and enforceable(-ACASIANO ./ N'Ae5#isites for declaratory relief-1' There "#st be a +#sticiable controversy*2' The controversy "#st be between )ersons whose interests are adverse* and>' The )arty see&in! declaratory relief "#st have a le!al interest in the controversy(TANO ./ SOCRATESCo#rt will not entertain direct resort #nless redress desired cannot be obtained ina))ro)riate co#rt and when there is ece)tional circ#"stance to +#stify avail"ent of re"edy(

SECTION 3, *OWER O( LEGISLATURE TO A**ORTION 1URIS)ICTION-ANTRUSTE ./ CAThe co#rt is )rohibited by law to interfere with, or bloc&, a decision of an eec#tivea!ency(-ALAGA ./ *ENAC'OSCo#rts are not barred fro" iss#in! restrainin! orders a!ainst !overn"ent entities,if the re5#ire"ents and )roced#res set by law are followed(

SECTION 6, (ISCAL AUTONO-YIN RE CLARI(YING AN) STRENGT'ENING( The a#thority of the IDB to PreviewQ the )lantilla and


22/27

co")ensation of co#rt )ersonnel etends only to Pcallin! the attention of the Co#rtQ on what it "ay )erceiveas erroneo#s a))lication of b#d!etary laws and r#les on )osition classification(

SECTION , CO-*OSITIONS AN) SESSIONS(ORTRIC' ./ CORONAit is clear that only cases are referred to the Co#rt en banc for decision wheneverthe re5#ired n#"ber of votes is not obtained( Conversely, the r#le does not a))ly where, as in this case,the re5#ired three votes is not obtained in the resol#tion of a "otion for reconsideration( 7ence, the secondsentence of the afore5#oted )rovision s)ea&s only of PcaseQ and not P"atterQ( The reason is si")le( Theabove%5#oted 0T.CL K..., SCT.AN $>' )ertains to the dis)osition of cases by a division( .f there is a

tie in the votin!, there is no decision( The only way to dis)ose of the case then is to refer it to the Co#rt enbanc( An the other hand, if a case has already been decided by the division and the losin! )arty files a"otion for reconsideration, the fail#re of the division to resolve the "otion beca#se of a tie in the votin!does not leave the case #ndecided( There is still the decision which "#st stand in view of the fail#re of the"e"bers of the division to "#ster the necessary vote for its reconsideration( #ite )lainly, if the votin!res#lts in a tie, the "otion for reconsideration is lost( The assailed decision is not reconsidered and "#sttherefore be dee"ed affir"ed(*EO*LE ./ )YThe divisions of the S#)re"e Co#rt are not different and distinct fro" the act#al trib#nal( .tcan be said that the decisions )ro"#l!ated by each division are act#ally decisions of the S#)re"e Co#rt enbanc(

SECTION 7, *OWERS O( T'E SU*RE-E COURT*ACU ./ SEC/ O( E)UCATIONDefore a case can be filed with the S#)re"e Co#rt, the )etitioners "#stfirst eha#st all available ad"inistrative re"edies, and it is enc#"bent #)on the" to )rove that their ri!htshave been violated(SOLICITOR GENERAL 0/ --)AThe co#rt "ay s#s)end )roced#ral r#les to !ive way for s#bstantive

+#stice( The re5#isite of havin! an act#al case or controversy ri)e for ad+#dication $in invo&in! the co#rtMs)ower of +#dicial review' "ay be waived by the co#rt in cases of transcendental i")ortance(*I-ENTEL ./ 'RET0ll re"edies "#st first be eha#st before see&in! reco#rse to the co#rts- if the iss#einvolves the r#les of the 7o re!ardin! the co")osition of 7T and the C0, then the )ro)er reco#rse isthro#!h the 7o, and not the co#rts(GONZALES ./ -ACARAIGBe"bers of con!ress have the re5#isite standin! to raise constit#tional iss#es(

1AWORS2I ./ *AGCORBe"bers of Con!ress have standin! to file s#its assailin! the le!ality of acts ofother branches of !overn"ent, or instr#"entalities thereof(*RO0INCE O( BATANGAS ./ RO-ULOThe cr#cial le!al iss#e s#b"itted for resol#tion of this Co#rtentails the )ro)er le!al inter)retation of constit#tional and stat#tory )rovisions( Boreover, the=trasce&etal iportaceDof the case, as it necessarily involves the a))lication of the constit#tional)rinci)le on local a#tono"y, cannot be !ainsaid( The nat#re of the )resent controversy, therefore, warrantsthe relaation by this Co#rt of )roced#ral r#les in order to resolve the case forthwith(BOAR) O( O*TO-ETRY ./ COLETAnly nat#ral and +#ridical )ersons or entities a#thoried by law "aybe )arties in a civil action, and every action "#st be )rosec#ted or defended in the na"e of the real )arty ininterest( Under 0T.CL of the Civil Code, an association is considered a +#ridical )erson if the law!rants it a )ersonality se)arate and distinct fro" that of its "e"bers( 0 real )arty in interest #nder

SCT.AN 2 #le > of the #les of Co#rt is a )arty who stands to be benefited or in+#red by the +#d!"ent onthe s#it, or the )arty entity led to the avails of the s#it( Since A303, CA0, 0CBA, and SBA03 were notshown to be +#ridical entities, they cannot be dee"ed real )arties in interest(CRUZ ./ SEC/ O( )ENR3etitioners, as citiens, )ossess the P)#blic ri!htQ to ens#re that the national)atri"ony is not alienated and di"inished in violation of the Constit#tion( Since the !overn"ent, as the!#ardian of the national )atri"ony, holds it for the benefit of all


23/27

"oney was "is#sed by the CABLC in violation of s)ecific constit#tional )rotections( 7owever, beca#seof the nat#re of the iss#es as bein! i"b#ed with )#blic interest $ri!ht of s#ffra!e' and one which will "ostli&ely arise a!ain, the )etitioners are !ranted standin! to file(AGAN ./ *IATCOThe )etitioners are e")loyees of service )roviders c#rrently o)eratin! at the B.00 andservice )roviders who have contracts with B.00( They will s#rely s#stain direct in+#ry #)on thei")le"entation of the 3.0TCA contracts beca#se they will be dis)laced by new e")loyeesGservice)roviders th#s losin! their "eans of livelihood(


24/27

o))ort#nity( .n this case, stari+a raised the iss#e of constit#tionality in his B to the ABD( Kerily, the ABDhas no +#risdiction to entertain 5#estions on the constit#tionality of a law( Th#s, when )etitioner raised theiss#e of constit#tionality before the C0, the constit#tional 5#estion was raised at the earliest o))ort#nity(


25/27

The #dicial 3ower vested in the SC and it connotes certain inherent attrib#tes necessary for an effectivead"inistration of +#stice( Ane of these inherent )owers is that of the transfer of trial of cases fro" one co#rtto another((IRST LE*ANTO ./ CAeview of DA. decisions H first to C0(LINA ./ *URISI-A.f in any case elevated to this Co#rt for the correction of any s#))osed )roced#ral errorof any lower co#rt, it sho#ld be fo#nd that indeed there has been a "ista&e, and it f#rther a))ears that allthe facts needed for a co")lete deter"ination of the whole controversy are already before the Co#rt, the SC"ay at its o)tion dis)ense with the #s#al )roced#re of re"andin! and instead resolve the )ertinent iss#esand render final +#d!"ents on the "erits(

IN RE, CUNANANCon!ress "ay re)eal, alter and s#))le"ent the r#les )ro"#l!ated by the SC b#t thea#thority and res)onsibility over the ad"ission of attorneys re"ain vested in the SC(IN RE, AGROSINOThe )ractice of law is a )ersonal )rivile!e li"ited to citiens of !ood "oral character,with s)ecial ed#cational 5#alifications, d#ly ascertained and certified(1A0ELLANA ./ )ILGThese "erely )rescribe r#les of cond#ct for )#blic officials to avoid conflicts ofinterest between the dischar!e of )#blic d#ties and the )rivate )ractice of law, and do not infrin!e on theSCMs )ower and a#thority to )ro"#l!ate r#les re!ardin! the )ractice of law(BUSTOS ./ LUCEROS#bstantive law is that )art of the law which creates, defines and re!#lates ri!hts aso))osed to re"edial law, which )rescribes the "ethod of enforcin! ri!htsGobtain redress for invasion( 0sa))lied to cri"inal law, s#bstantive law is that which declares what acts are cri"es and )rescribes the)#nish"ent for co""ittin! the", as distin!#ished fro" )roced#ral law which )rovides or re!#lates the ste)s

by which one who co""its a cri"e is to be )#nished( 3reli"inary investi!ation is e"inently re"edial $bein!the first ste) ta&en in a cri"inal )rosec#tion'( The c#rtail"ent of the ri!ht of an acc#sed in a )reli"investi!ation to cross ea"ine the witnesses who had !iven evidence for his arrest does not offend theConstit#tion( 3reli" investi!ation is not an essential )art of d#e )rocess $it "ay s#))ressed entirely'(? yrs

old, ca)acity for )#blicad(* not candidate for

elctive )osition inelctions i""ediately

)recedin! a))t

Nat#ral%born, >? yrs old,

colle!e !rad(* not candidatefor elctive )osition in elctionsi""ediately )recedin! a))t*

"a+( .ncl#din! chair"ansho#ld be "e"ber of bar,

Nat#ral%born, >? yrs old, C30 $1=

yrs a#ditin! e)erience', or"e"bers of the bar$1= yrs law

)ractice'* not candidate for elctive)osition in elctions i""ediately

)recedin! a))t(


26/27

1= yr )ractice

TER-: yrs wGo#t

rea))oint"ent$sta!!ered'

: yrs wGo#t rea))oint"ent$sta!!ered'

: yrs wGo#t rea))oint"ent$sta!!ered'

A**OINT-ENT3resident wG C0

a))roval3resident wG C0 a))roval 3resident wG C0 a))roval

1URIS)ICTION

Dranches,s#bdivisions,

instr#"entalities anda!encies of the !ovMt

incl#din! 6ACCs withori!inal charters

lectoral )rocess

6overn"ent, any s#bdivision,a!ency or instr#"entality, incl#din!

6ACCs wG ori!inal charters)ost%a#dit- consti bodies,a#tono"o#s state #niv( and

colle!es, other 6ACCs, N6As wG!ovMt s#bsidy or e5#ity

*OWERSCentral )ersonnela!ency of the !ovMt

.ns#re free, orderly andhonest elections

a"ine, a#dit and settle allacco#nts )ertainin! to the reven#eand recei)ts of, and e)endit#res

or #ses of f#nds and )ro)ertyowned and held in tr#st by, or

)ertainin! to the !ovMt

ARTICLE 4LOCAL GO0ERN-ENT

Territorial and 3olitical s#bdivisions-1' )rovinces, cities, "#nici)alities and baran!ays2' 0#tono"o#s re!ions $only 0BB so far'

3ower of )resident over L6U- !eneral s#)ervisionARTICLE 4I

ACCOUNTABILITY O( *UBLIC O((ICERS3#blic office- )#blic tr#st.")each"ent- 3resident, K3, "e"bers of SC, "e"bers of Constit#tional Co""issions, and A"b#ds"an

easons- c#l)able violation of the Consti, treason, bribery, !raft and corr#)tion, other hi!h cri"es, orbetrayal of )#blic tr#st(7o- ecl#sive )ower to initiate all cases of i")each"entho "ay file- any "e"ber of 7o, or any citien #)on resol#tion of endorse"ent by any "e"ber of 7oKote- at least 1G> of all the "e"bers of 7o(

ARTICLE 4IINATIONAL ECONO-Y AN) *ATRI-ONY

(ILI*INO CITIZENS(ILI*INO

COR*ORATIONS(OREIGN

COR*ORATION

Agric#lt#ral

La&s

,wn/lease AwnGlease Lease %

0 of 1ears ifleased

2? years %

0 of hectares?== hectares by

lease* 12 hectaresif owned

1=== hectares %

Other Nat/Reso#rces

2orm ofE*ploitation

Co%)rod#ction,+oint vent#re or

)rod#ction sharin!a!ree"ent$license,

concessionGlease'

Co%)rod#ction,+oint vent#re or

)rod#ction sharin!a!ree"ent$license,

concessionGlease'

TechnicalGfinancialassistance

$lar!e%scale'Binerals,

)etrole#", andother "ineral oils

0 of 1ears2? years

$renewable foraddtMl 2?'

2? years$renewable for

addtMl 2?'

Tras!er o!*ri.ate La&

Wes Wes

No $if forei!nindivid#al- only in

cases of hereditarys#ccession'

(rachise WesWes $;=@


27/27

constit#tional convention

RE0ISION Wes Wes Wes

.nitiative- )etition of at least 12@ of allre!istered voters, every le!islative

district re)resented by at least >@ ofre!istered voters therein

Ae&et: alteration of one or a few s)ecific and se)arable )rovisions(* i")rove s)ecific )arts or to addnew )rovisions dee"ed necessary to "eet new conditions or to s#))ress s)ecific )ortions that "ay havebeco"e obsolete or that are +#d!ed to be dan!ero#s(

Re.isio ; re%ea"ination of the whole doc#"ent, or of )rovisions of the doc#"ent which have over%alli")lications for the entire doc#"ent, to deter"ine ho and to what etent they sho#ld be altered* "ay involvea re%writin! of the whole Constit#tion(( 3residential syste" to )arlia"entary H revision* chan!e of ter" of )resident H a"end"ent

No a"end"ent shall be a#thoried oftener than once every ? years(

Con!ress to )rovide for the i")le"entation of ri!ht to initiative

Con!ress by a vote of 2G> of all its "e"bers, "ay call a constit#tional convention

Dy a vote of a "a+ority of all its "e"bers, it "ay s#b"it to the electorate the 5#estion of callin! aconvention(

3ro)osed a"end"ents or revision- s#b"itted all at once for one election by the )eo)le(0ali& ae&et or re.isio- ratified by "a+ority of the votes cast in a )lebiscite to be held not earlier than

;= days not later than 9= days after the a))roval of s#ch a"end"ent or revision(ARTICLE 40III

TRANSITORY *RO0ISIONS+9

conlaw1 casedoc candelaria

Documents