2014 BAR OPERATIONS COMMISSION LAST MINUTE TIPS POLITICAL LAW Who can invoke executive privilege? Only the President (and the Executive Secretary, by order of the President) can invoke the privilege. Executive privilege is properly invoked in relation to specific categories of information and not to categories of persons—it attaches to the information and not the person. (Senate v. Ermita, G.R. No. 169777 (2006)) Js the congressional pork barrel system constitutional? Is the presidential pork violative of Section 29 (1), Article VI of the Constitution? = Congressional pork barrel system is unconstitutional because it violates the following principles: a. Separation of Powers. Only the executive may implement the law but under the pork barrel system, after the GAA, the legislators themselves dictate as to which projects their PDAF funds should be allocated to, b. Principle of Checks and Balances. The legislators can now identify the project to which they will appropriate their PDAF. . Local Autonomy. A congressman can either bypass or duplicate a project by the LDC. and later on claim it as his own. This is an instance where the national government meddles with the affairs of the local government — and this is contrary to the State policy embodied in the Constitution on local autonomy The presidential pork barrel is invalid. PDAF Article cannot be properly deemed as a legal appropriation because it contains post-enactment measures which effectively create a system of intermediate appropriations. The 2013 PDAF Article does not constitute an “appropriation made by law’ since it only authorizes individual legislators to appropriate in violation of the non-delegability principle. (Belgica v. Ochoa, G.R. No. 208566, November 2013) What is the scope of the National Territory? It is comprised of (1) Philippine archipelago, with all the islands and waters embraced therein and (2) all other territories over which the Philippines has sovereignty or jurisdiction, consisting of (a) territorial sea, seabed, subsoil, insular shelves, and other submarine areas and (b) terrestrial, fluvial, and aerial domains. (Article I, 1987 Constitution) What is the Archipelagic Doctrine? The water around, between and connecting the islands of an archipelagic, regardless of their breadth or dimension, are treated as internal waters. (Article |, 1987 Constitution) Differentiate archipelagic waters, territgrial sea and internal sea Cera Sra INTERNAL WATERS Refer to areas enclosed as | Is an adjacent belt of sea] Consists of waters around internal waters by using the | with a breadth of 12 nautical | between and connecting bacaline method which has | miles measured from the | islands of the Philippine7. not__been previously | baselines of a stale and over | Archipelago regardless of considered as internal | which the —_state.__has | breadth including the waters waters (Article 53, | sovereignty (Article 2-3, | in the bays, rivers and lakes. UNCLOS) _ UNCLOS) What are the constitutional limitations on the general appropriations law? a. Congress cannot increase the appropriations recommended by the President as specified in the budget. b. The form, content, and manner of preparation of the budget shall be prescribed by law. c. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. d. Procedure for approving appropriations ‘or Congress shall strictly follow the procedure for approving appropriations ‘or other departments and agencies. (Sanchez v. COA, G.R.No. 127545, April 23, 2008) Differentiate Void for Vagueness Doctrine, Strict Scrutiny Test and Overbreadth Doctrine Dea ee eee aoe Oe oh VAGUENESS, DOCTRINE The void for vagueness | The strict scrutiny standard |The doctrine prohibits the doctrine states that “statute | was used to assess the | government from achieving which ether forbids or | validity of laws dealing with | its purpose by means that | requires the doing of an| the regulation of speech, | sweep unnecessarily act in terms so vague that | gender, or race as well as | broadly, reaching | men of common | other fundamental rights, as | constitutionally _ protected intelligence must | expansion from its earlier | as well as unprotected necessarily guess at its | applications to equal | activity. (SWS_—vs. | meaning and differ as to its protection. (Disini vs. | COMELEC). | application, violates the | Secretary of Justice, G.R | first essential of due | No. 203335, February 11, | | process of law, {2218 | State the various modes of, and steps in, revising or amending the Philippine Constitution. ‘There are three modes of amending the Constitution. a. Congress may by three-fourths vote of all its Members propose any amendment to or revision of the Constitution. (Section 1, Article XVIII, Constitution) b. Under the same provision, a constitutional convention may propose any amendment to or revision of the Constitution. According to Section 3, Article XVII of the Constitution. Congress may by a two-thirds vote of all its Members call a constitutional convention or by a majority vote of all its Members submit the question of calling such a convention to the electorate. ¢. The people may directly propose amendments to the Constitution through initiative upon a petition of at least twelve percent of the total number of registered voters, of which every legislative district must be represented by at least three percent of the registered voters therein. (Section 2. Article XVII of the Constitution) ‘According to Section 4, Article XVII of the Constitution, to be valid any amendment to or revision of the Constitution must be ratified by a majority of the votes cast in a plebiscite. What are the doctrines on recognition of States? TTT SSeS ESTRADA DOCTRINE DOCTRINE10. 1. revolution, civil war, coup | established dretat_ or other forms of internal violence until freely elected representatives of the people have organized a constitutional government. (US President Woodrow wilson, 1913 and Ecuadorian FM, 1907) _ See. ‘Stimson [1932)) through external aggression. (US| is not a judgment on the | of State Henry | through a political upheaval legitimacy of the said government. (Mexican Minister Genaro Estrada 11930)) What are the effects of change of affiliation of a party-list representative? Any elected party-list representative who changes his political party or sectoral affiliation: a. During his term of office shall forfeit his seat b. Within 6 months before an election shall not be eligible for nomination as party-list representative under his new party or organization (Sec. 15, R.A. 7941, Party List System Act] Compare Legislative Inquiries from Question Hour. SSW Aa Article VI, Section 21 The Senate or the House of | Representatives or any of its | respective committees may conduct inquiries in aid of | | legislation in accordance with | its duly published rules of procedure. The rights of persons appearing in, or | affected by, such inquiries | shall be respected CONSTITUTIONAL | PROVISION ‘of Legislation | _ PERSONS | ‘Any person upon subpoena SUBJECTED __ _ [APPEARANCE OF | Appearance of executive EXECUTIVE officials generally mandatory LoFFicis (Senate v. Ermita, GR No. 169777) i —_| PSM Article VI, Section 22 The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, by such House on any matter | pertaining to their | departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their | scheduled appearance Interpellations shall not be limited to written questions, | but may cover matters related thereto. When the security of the State or the public interest $0 requires and the President |'so states in writing, the appearance shall be conducted in executive [session ‘On any matter pertaining to the subject’s department "| Heads of departments only ‘Appearance of ials via request executive appear before and be heard |