8/10/2019 Digests for Presentation

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Adasa vs. Abalos

In question here was the language of the DOJ Circular, if it was permissive or mandatory. The Court held

that to interpret the Circular in such a manner would be incongruous and unfaithful to the intent.

Osmena vs. Pendatun

Court did not look into the House’s Resolution regarding what constitutes disorderly behavior. They said

that the Constitution conferred such jurisdiction to the legislature and is supreme in this sphere. Based on

theory of separation of powers.

Vera vs. Avelino

In question here is the Pendatun resolution providing for the exclusion of the petitioners from assuming

their seats in the Senate. The Court did not look into this matter finding that nowhere in the Constitution is

the said act of Senate unlawful.

People vs. Vera

Re: The power of provincial boards WON to apply the probation law. In the case at bar, the legislature has

not made the operation of the Prohibition Act contingent upon specified facts or conditions to beascertained by the provincial board. It leaves, as we have already said, the entire operation or non-operation

of the law upon the provincial board. the discretion vested is arbitrary because it is absolute and unlimited.

Abakada vs. Ermita

Whether Sections 4, 5 and 6 of the law (amending Sections 106  –  108 of the NIRC) violate Article VI,

Section 28, Paragraphs 1 and 2 of the Constitution: NO

1. 

Whether that the contentious provisions give the President the stand-by authority to raise the VAT rate

from 10% to 12% constitutes undue delegation of the legislative power to tax: NO  

  What cannot be delegated is the authority to make, alter and repeal laws.

  The legislative does not abdicate its functions when it describes what job must be done, how to do

it and what is the scope of authority.  Hence, the legislative may delegate to executive officers or bodies the power to determine the

facts by which a statute is made to depend. This is what the Secretary of Finance does as an agent

of the legislature.

Davao vs. GSIS

PD 1146 granting exemptions to GOCCs is deemed repealed by the LGC even if the former prescribes a

limitation on the acts of future legislatures to amend or repeal former laws.

Duarte vs. Dade

In this case, petitioner was questioning the jurisdiction of the Court of Appeals of Guam to try him. Such

 jurisdiction was purportedly brought about by the legislative power to create courts and enact procedural

laws granted to the military governor. The power of the military-governor of Guam to reorganize the judiciary of the government of Guam, was held to be not limited by previous issuances of the same nature.

In exercising legislative power, his is not limited by the previous orders he has issued.