Honrade
L3A
1. Who may exercise the legislative power?
Section 1. The Legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives
2. Exceptions
except to the extent reserved to the people by the provision on initiative and
referendum.
3. Classification of Powers
a. Original legislative power- possessed by the sovereign people.
b. Derivative legislative power- that which has been delegated by the sovereign
people to the legislative bodies. (Kind of power vested in Congress)
c. Constituent- The power to amend or revise the constitution
d. Ordinary- Power to pass ordinary laws.
4. Limitations
a. Substantive limitations:
Express Limitations
Bill of Rights
On Appropriations
On Taxation
On Constitutional Appellate jurisdiction of SC
No law granting a title of royalty or nobility shall be enacted (art. 6)
Implied limitations
Congress cannot legislate irrepealable laws
Congress cannot delegate legislative powers
Non-encroachment on powers of other departments
b. Procedural limitations:
Only one subject
Three readings on separate days
Printed copies in its final form 3 days before passage of the bill.
5. What are the post enactment measures?
It involves the (a) monitoring of bureaucratic compliance with program
objectives, (b) to determine whether agencies are properly administered, (c) to eliminate
executive waste and dishonesty, (d) to prevent executive usurpation of legislative
authority, and (d) to assess executive conformity with the congressional perception of
public interest.
6. What is the party list system?
Party-list System. (RA 7941) The party-list system is a mechanism of proportional
representation in the election of representatives of the House of Representatives from
national, regional, and sectoral parties or organizations or coalitions thereof registered
with the Commission on Elections.
Reason for party-list system. It is hoped that the system will democratize political
power by encouraging the growth of a multi-party system.
Party-list representatives Ceiling: The party-list representatives shall constitute
20% of the total number of representatives. Section 5(2) of Article VI is not mandatory.
It merely provides a ceiling for party-list seats in Congress. (Veterans Federation Party v.
COMELEC) The 2% threshold requirement and the 3 seat-limit provided in RA 7941 are
valid. Congress was vested with broad power to define and prescribe the mechanics of
the party-list system of representation. Congress wanted to ensure that only those parties,
organizations and coalitions having sufficient number of constituents deserving of
representation are actually represented in Congress. (Veterans Federation Party v.
COMELEC)
Guidelines on what organizations may apply in the party-list system:
a. The parties or organizations must represent the marginalized and
underrepresented in Section 5 of RA 7941;
b. Political parties who wish to participate must comply with this policy;
c. The religious sector may not be represented;
d. The party or organization must not be disqualified under Section 6 of RA 7941;
e. The party or organization must not be an adjunct of or a project organized or an
entity funded or assisted by the government;
f. Its nominees must likewise comply with the requirements of the law;
g. The nominee must likewise be able to contribute to the formulation and enactment
of legislation that will benefit the nation. (Ang Bagong Bayani v. COMELEC,
June 26, 2001)
Parties or organizations disqualified:
The COMELEC may motu propio or upon verified complaint of any interested
party, remove or cancel after due notice and hearing the registration of any national,
regional or sectoral party, organization or coalition on any of the following grounds:
a. It is a religious sect or denomination, organization or association organized for
religious purposes;
b. It advocates violence or unlawful means to seek its goal;
c. It is a foreign party or organization;
d. It is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers or
members or indirectly through third parties for partisan election purposes;
e.
f.
g.
h.
COA meeting: The Commission on Appointments shall meet only while the
Congress is in session to discharge its powers and functions. The Commission on
Appointments shall meet at the call of its Chairman or a majority of all its members
13. Commission on Appointments
Section 18. There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of
the House of Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations registered under the
party-list system represented therein. The chairman of the Commission shall not vote,
except in case of a tie. The Commission shall act on all appointments submitted to it
within thirty session days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members.
Function of CA: It acts as a legislative check on the appointing authority of the
President. For the effectivity of the appointment of certain key officials, the consent of
CA is needed.
Composition (25 members)
a. Senate President as chairman
b. 12 senators
c. 12 members of HR
Proportional Representation: The members of the Commission shall be elected by
each House on the basis of proportional representation from the political party and party
list.
The sense of the Constitution is that the membership in the Commission on
Appointment must always reflect political alignments in Congress and must therefore
adjust to changes. It is understood that such changes in party affiliation must be
permanent and not merely temporary alliances (Daza v. Singson)
Endorsement is not sufficient to get a seat in COA. (Coseteng v. Mitra)
Fractional Seats: Fractional seats cannot be rounded off. The seats should be
vacant. (Coseteng v. Mitra) A full complement of 12 members from the Senate is not
mandatory (Guingona v. Gonzales) Holders of .5 proportion belonging to distinct parties
may not form a unity for purposes of obtaining a seat in the Commission. (Guingona v.
Gonzales)
Voting: The Chairman shall not vote except in the case of a tie.
Action on appointments. The Commission shall act on all appointments submitted
to it within 30 session days of the Congress from the submission.
Ad interim appointments not acted upon. Ad interim appointments not acted upon
at the time of the adjournment of the Congress, even if the thirty day period has not yet
expired, are deemed bypassed under Article VII, Section 16.
Ruling. The Commission shall rule by a majority vote of all its Members.
14. Powers of Congress
a. Inherent Powers
Police power
Power of eminent domain
Power of taxation
Implied Powers (Contempt Power)
b. Express Powers
Legislative Power (art 6 sec1)
Ordinary- power to pass ordinary laws
Constituent - power to amend and or revise the Constitution
Power of the Purse (art. 625)
Power of Taxation (art. 6 28(3), art. 14 4(3), art 6, 29(4))
Investigatory Power (art. 6 21)
Oversight function (art. 6 22)
Power to declare the existence of state of war (art. 6 23(1))
Power to act as Board of Canvassers in election of President146 (art 7 4)
Power to call a special election for President and Vice-President. (art. 7 10)
Power to judge Presidents physical fitness to discharge the functions of the
Presidency (art.711)
Power to revoke or extend suspension of the privilege of the writ of habeas
corpus or declaration of martial law. (art. 7 18)
Power to concur in Presidential amnesties. Concurrence of majority of all the
members of Congress. (art.7 19)
Power to concur in treaties or international agreements. Concurrence of at
least 2/3 of all the members of the Senate.(art.7 21)
Power to confirm certain appointments/nominations made by the President
(art.7 9, art.716)
Power of Impeachment (art.112)
Power relative to natural resources147 (art. 12 2)
Power of internal organization
Election of officers
Promulgate internal rules
Disciplinary powers (art.6 16)
15. Limitation on Legislative Power
a. Substantive limitations
b. Procedural limitations
16. Specific Limitations
a. Substantive limitations:
Express Limitations
Bill of Rights
On Appropriations
On Taxation
On Constitutional Appellate jurisdiction of SC
No law granting a title of royalty or nobility shall be enacted (art. 6)
Implied limitations
Congress cannot legislate irrepealable laws
Congress cannot delegate legislative powers
Non-encroachment on powers of other departments
b. Procedural limitations:
Only one subject
Three readings on separate days
Printed copies in its final form 3 days before passage of the bill.
17. Operative Fact Doctrine
It is the doctrine that nullifies the effects of an unconstitutional law by
recognizing that the existence of a statute prior to a determination of unconstitutionality
is an operative fact and may have consequences which cannot always be ignored. The
past cannot always be erased by a new judicial declaration. It is applicable when a
declaration of unconstitutionality will impose an undue burden on those who have relied
on the invalid law.
18. Informing Function
Section 23. The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.
19. Executive Power
The executive power is the power to enforce and administer the laws.
Executive power refers to the power of the President: (a) to execute and
administer laws (b) power enumerated in the Constitution (c) those powers that inhere to
the President as head of state and head of government, and (d) residual powers.
Executive power refers to the totality of the Presidents power.
According to Sinco, Executive power refers to the legal and political functions of
the President involving the exercise of discretion. (Philippine Political Law, p.242 (1954
ed.)
20. Faithful Execution Clause
The power to take care that the laws be faithfully executed makes the President a
dominant figure in the administration of the government.
The President shall ensure that the laws be faithfully executed. (Section 17 2 nd
sentence) The law he is supposed to enforce includes the Constitution, statutes, judicial
decisions, administrative rules and regulations and municipal ordinances, as well as
treaties entered into by government. This power of the President is not limited to the
enforcement of acts of Congress according to their express terms. The Presidents power
includes the rights and obligations growing out of the Constitution itself, international
relations, and all the protection implied by the nature of the government under the
Constitution.
The reverse side of the power to execute the law is the duty to carry it out. The
President cannot refuse to carry out a law for the simple reason that in his judgment it
will not be beneficial to the people. As the Supreme Court pointed out, after all we still
live under a rule of law.
It has been suggested that the President is not under obligation to enforce a law
which in his belief is unconstitutional because it would create no rights and confer no
duties being totally null and void. The better view is that it is not for him to determine the
validity of a law since this is a question exclusively addressed to the judiciary. Hence,
until and unless a law is declared unconstitutional, the President has a duty to execute it
regardless of his doubts on its validity. A contrary opinion would allow him not only to
negate the will of legislature but also to encroach upon the prerogatives of the judiciary.
21. Doctrine of Qualified Political Agency
The doctrine recognizes the establishment of a single executive. The doctrine
postulates that, All executive and administrative organizations are adjuncts of the
Executive Department, the heads of the various executive departments are assistants and
agents of the Chief Executive, and, (except in cases where the Chief Executive is required
by the Constitution or law to act in person or the exigencies of the situation demand that
he act personally,) the multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive\ departments, and the acts of the
secretaries of such departments, performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the Chief Executive presumptively, the
acts of the Chief Executive (Villena v. Sec. of Interior).
Put simply, when a department secretary makes a decision in the course of
performing his or her official duties, the decision, whether honorable or disgraceful, is
presumptively the decision of the President, unless he quickly and clearly disowns it.
When Doctrine not Applicable: Qualified political agency does NOT apply if the
President is required to act in person by law or by the Constitution. Example: The power
to grant pardons must be exercised personally by the President.
Reason for the Doctrine: Since the executive is a busy man, he is not expected to
exercise the totality of his power of control all the time. He is not expected to exercise all
his powers in person. He is expected to delegate some of them to men of his confidence,
particularly to members of his Cabinet. Thus, out of this practical necessity has risen
what has come to be referred to as doctrine of qualified political agency.
22. Different Powers of the President
Constitutional Powers of the President
a. Executive Power
b. Power of Appointment
c. Power of Control
d. Military Powers
e. Pardoning Power
f. Borrowing Power
g. Diplomatic Power
h. Budgetary Power
i. Informing Power
j. Other Powers
Call Congress to a Special Session (art 6, sec 15)
Power to approve or veto bills (art 6 sec 27)
To consent to deputation of government personnel by the Commission on
Elections (art 19-C sec 2(4)) To discipline such deputies (art 19-C sec 2(8))
Emergency powers by delegation from Congress (art 6 sec 23(2))
Tariff Powers by delegation from Congress (art 6 sec 28(2))
General Supervision over local governments and autonomous
23. Executive Privilege
It is the power of the President to withhold certain types of information from the
public, from the courts, and from Congress.
24. Concept of Plausible Deniability
It is the ability for persons (typically senior officials in a formal or informal chain
of command) to deny knowledge of and responsibility for any damnable actions
committed by others (usually subordinates in an organizational hierarchy) because of a
lack of evidence that can confirm their participation, even if they were personally
involved in or at least willfully ignorant of the actions.
25. Judicial Power
Section 1. (2) Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government.
a. Judicial Power Where Vested (1989 Bar Question)
Judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law. (Section 1 par. 1)
b. Definition of Judicial Power (1994 Bar Question)
Traditional Concept: Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are legally demandable
and enforceable. (Section 1, 2nd sentence)
Broadened Concept: Duty to determine whether [or not] there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the
party of any branch or instrumentality of the Government. (Section 1, 2nd
sentence)
26. Duties of the Courts
to settle actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
27. Jurisdiction
Jurisdiction is the manifestation of sovereignty. The jurisdiction of the state is
understood as both its authority and the sphere of the exercise of that authority.
28. Other Powers
a. Specific Powers of the Supreme Court under Article VIII:
Original Jurisdiction
Appellate Jurisdiction
Temporary Assignment of Judges
Change of Venue or Place of Trial
Rule-Making Power
Appointment of Court Personnel (5)
Administrative Supervision of Courts (6)
Dismissal/ Removal Powers (11)
(Section 5(1) and (2) refer to the irreducible jurisdiction of the Supreme Court
while Section 5 (3 -6) and Section 6 provide of auxiliary administrative powers.)
b. Auxiliary Rules
The constitutional question must be raised at the earliest possible opportunity;
The decision of the constitutional question must be necessary to the
determination of the case itself.
32. Effect of the Declaration of Unconstitutionality
a. Orthodox View: An unconstitutional act is not a law; it confers no rights; it
imposes no duties; it affords no protection; it creates no office; it is inoperative, as
if it had not been passed at all.504 When courts declare a law to inconsistent
with the Constitution, the former shall be void and the latter shall govern.
(Article 7 of the New Civil Code)
b. Modern View: Certain legal effects of the statute prior to its declaration of
unconstitutionality may be recognized. The actual existence of a statute prior to
such a determination of constitutionality is an operative fact and may have
consequences which cannot always be erased by a new judicial declaration.
33. Moot Questions
A moot case is one that ceases to present a justiciable controversy by virtue of
supervening events, so that a declaration thereon would be of no practical use or value.
Generally, courts decline jurisdiction over such case or dismiss it on ground of mootness.
However, Courts will decide cases, otherwise moot and academic, if:
a. There is a grave violation of the Constitution;
b. The exceptional character of the situation and the paramount public interest is
involved
c. When the constitutional issue raised requires formulation of controlling
34. Political Questions
Political questions are those questions which under the Constitution are:
a. To be decided by the people in their sovereign capacity, or
b. In regard to which full discretionary authority has been delegated to the legislative
or executive branch of the government. (Tanada v. Cuenco, 1965)
Political questions connote questions of policy. It is concerned with issues
dependent upon the wisdom, not legality, of a particular measure. (Tanada v. Cuenco)
35. Safeguards of Securing Judicial Independence
To maintain the independence of the judiciary, the following safeguards have been
embodied in the Constitution:
a. The Supreme Court is a constitutional body. It cannot be abolished nor may its
membership or the manner of its meeting be changed by mere legislation. (art 8
2)
b. The members of the Supreme Court may not be removed except by impeachment.
(art. 92)
c. The SC may not be deprived of its minimum original and appellate jurisdiction as
prescribed in Article X, Section 5. (art. 8 2)
d. The appellate jurisdiction of the Supreme Court may not be increased by law
without its advice or concurrence. (art. 6 30)
e. Appointees to the judiciary are now nominated by the Judicial and Bar Council
and no longer subject to confirmation by Commission on Appointments. (art. 8
9)
f. The Supreme Court now has administrative supervision over all lower courts and
their personnel. (art. 8 6)
g. The Supreme Court has exclusive power to discipline judges of lower courts. (art
8 11)
h. The members of the Supreme Court and all lower courts have security of tenure,
which cannot be undermined by a law reorganizing the judiciary. (art. 8 11)
i. They shall not be designated to any agency performing quasi-judicial or
administrative functions. (art. 8 12)
j. The salaries of judges may not be reduced during their continuance in office. (art.
8 10)
k. The judiciary shall enjoy fiscal autonomy (art 83)
l. Only the Supreme Court may order the temporary detail of judges (art 8 5(3))
m. The Supreme Court can appoint all officials and employees of the judiciary. (art.
8 5(6))
36. Judicial Restraint
It limits the judges exercise of their own decisions based on stare decisis or
existing laws, as opposed to judicial activism, whose judicial rulings are suspected of
being based on personal or political considerations rather than on existing laws.