Constitutional Law 1

Compiled Darvin’s Digests
DEFENSOR-SANTIAGO vs. SANDIGANBAYAN – “Miriam’s preventive suspension case” preventively suspended (90 days) by Sandiganbayan upon pendency of consolidated Criminal Cases against her for violation of Anti-Graft & Corrupt Practices Act filed by employees of Com. on Immigration & Deportation for approving application for legalization of alleged disqualified aliens. Assailed through Certiorari. Sec. 13 theoreof makes it ministerial upon courts to preventively suspend from any office being held. – does not exclude members of Congress. Guilt need not be established for preventive suspension to issue. Does not violate Consti on power of Congress to suspend/expel – it is disctinct from said suspension, imposed upon her not based on her status as legislator. Separation of powers does not exclude members of Congress from said Act. Supervening event: acquitted by Sandiannbayan. Moot & Academic. Certiorari DISMISSED. ROCES vs. HRET – “Mrs. Harry Ang-Ping case” Miles Roces & Harry Ang-Ping competitors for 3 rd Leg. Dist. of Manila, registered voter Alejandro Gomez challenged Ang-Ping’s qualification (being not a natural-born citizen), responded by withdrawing candidacy, substituted by wife Zenaida. COMELEC denied due course, votes in favor not counted. Case was pending before 1st Div. when COMELEC en banc (motu proprio) issued assailed Res. striking out Ang-Ping’s name & denying Mrs. Ang-Ping’s substitution before the expiration of the reglementary period. Filed case before HRET w/c gave due course & permitted substitution. Roces files Certiorari. HRET exercises sole jurisdiction & has power to determine jurisdiction, procedure, etc. COMELEC Res. was void for violating due process (opportunity to be heard was systematically denied). Did not commit grave abuse of discretion. Certiorari DISMISSED. PIMENTEL vs. HRET – “Partylists at HRET case” Sen. Aquilino Pimentel assailed composition of the HRET & argued that it must contain partylist representatives on the basis of proportional representation. Petition is not ripe for adjudication bec. it should 1st be brought before the HRET & not w/ the SC – separation of powers. HR has the power to decide the composition of the HRET unless there is evident grave abuse of discretion. Supervening event: HRET composition later changed to include partylist representation. Moot & academic. Petition DENIED. BARBERS vs. COMELEC – “Barbers vs. Biazon case” Biazon proclaimed by the COMELEC by Resolution as the 12th Placed Senator despite the fact that not all COC’s have been tallied & counted. Biazon has substantial lead over Barbers & the subsequent tallying of all votes will no longer affect the result of the election. COMELEC resolution proclaiming Biazon AFFIRMED. BONDOC vs. PINEDA – “politics in the HRET case” election contest filed against Rep. Marciano Pineda (LDP) by Emigdio Bondoc (NP). Upon re-appreciation of votes, pending decision: Bondoc wins by 23 votes. After another re-count & re-appreciation, Bondoc wins by 107 votes. Rep. Camasura, out of zeal, informs his Party Leader Rep. Cojuanco of his conscience vote in favor of Bondoc (w/c will lead to 5-4 vote). To influence decision of HRET, HR issues Res. to disqualify Camasura for party (LDP) disloyalty & remove him from HRET so that they can win upon motion for reconsideration. It violates the independence of the HRET to be sole judge of election contests. Should be free from partisanship. No valid cause for termination of Camasura from HRET & violates security of tenure. Certiorari GRANTED. ROBLES vs. HRET – “withdrawal case” Rep. Virgilio Robles elected to 1st Dist. of Caloocan, Romeo Santos filed elec. contest w/ HRET (electoral fraud & irregularities) & called for re-counting / reappreciation of votes. Filed Motion to Withdraw Contest but later filed Urgent MMotion to Recall/Disregard his Previous Motion. 1st Motion not acted upon, 2nd Motion granted. Robles claimed that the 1st motion divested HRET of jurisdiction. SC cannot interfere unless there is grave abuse of discretion. Jurisdiction, once acquired, cannot be lost at the mere instance of the parties, but continues until case is terminated. HRET must be allowed to function w/o being impaired by mere technicalities of procedure. Elec. protest is vested w/ public interest. Certiorari DENIED. ARROYO vs. HRET – “innovative precinct-level document-based evidence case” Rep. Joker Arroyo proclaimed Rep. for lone Dist. of Makati, elec. protest filed before HRET by Augusto Syjuco. Justice Gancayco made investigation & found that employees of the HRET engaged in pilfering, tampering, & dumping of ballots – resulted to reduction of Arroyo votes. Syjuco filed for Withdrawal of protest upon

Darvin’s Digests

presumption that he already leads & introduced his brainchild sys. of evidence consisting of 200,000 photocopied pages of various local elec. documents & admitted by HRET (in violation of the best evidence rule) by 6-3 vote (all Justices dissenting) & later proclaimed Syjuco as winner by same vote. Grave abuse of discretion. Standard revision of ballots procedure must be followed, brainchild system unauthorized by law. Syjuco cannot unjustly broaden the scope of his original cause of action. Syjuco fined for indirect contempt for derogatory remarks against the Justices. Petition for review GRANTED. LERIAS vs. SANDOVAL – “dag-dag bawas case” Rosette Lerias files elec. protes vs Rep. Roger Mercado (proclaimed) for Lone Dist. of So. Leyte. Returns from town of Libangon questioned but presumed to produce more votes for Lerias. Board of Canvassers copy of COC’s inconsistent w/ COMELEC copy – indicated dagdag-bawas. Lerias votes reduced by 100 votes per precinct (#6, 10, 18, 19). School teachers testified. Majority rules in favor of Mercado (party-mate) who only presented photocopies for evidence. HRET performs judicial functions & must not be influenced by politics. In the absence of actual ballots, election returns from Mun. Board of Canvassers presented by Lerias constitutes best evidence. Prima facie evidence. Best evidence rule must apply. HRET decision is SET ASIDE. SANDOVAL II vs. HRET – “substituted summons case” Aurora Oreta files elec. protest vs Federico Sandoval (proclaimed) for Lone Dist. Of Malabon-Navotas for electoral fraud & anomalies. HRET process server serves substitute summons to Gene Maga (maintenance man). Sandoval fails to file answer on time – prayed for admission of his answer. Sol. Gen. agrees w/ his contention. A matter of due process. Violates Rules of Civil Procedure – must be left w/ competent person (relation of confidence). Failed to establish that personal service was not attempted. SC assumes jurisdiction. Certiorari GRANTED DAZA vs. SINGSON – “change of party composition case” apportionment of Com. on Appointments. Raul Daza (LP) removed from Com. on Appointments bec. 24 members of the Liberal Party joined LDP, only 17 members left – hence he was relaced by Luis Singson (LDP). LDP not yet registered w/ COMELEC. SC assumes jurisdiction (expanded jurisdiction) & transcendental importance. Supervening event: COMELEC grants registration to LDP – thus entitled to rights/privileges granted by law to pol. parties. HR has authority to change representation in Com. on Appointments at any time accdg. to political alignments. Petition DISMISSED. COSETENG vs. MITRA Jr. – “Niki Coseteng case” lone member of KAIBA Party prayed for seat in Com. on Appointments (COA) based on indorsements from 9 congressmen, assailed COA composition. Creation of LDP – obtained 160 members (80%) entitled to 10 seats. LP as next largest party entitled to 1 seat (Verano-Yap) & KBL as principal opposition (Ablan) w/ 1 seat. KAIBA as part of coalesced majority is bound by majority decision. Even if not, it has only 1 member (Coseteng) & consists 0.4% of membership in the HR. DISMISSED. GUINGONA Jr. vs. GONZALES – “Fractional Representation case” Sen. composition: LDP 15 (7.5 seats) , NPC 5 (2.5), Lakas 3 (1.5) , LP-PDP-Laban 1 (0.5). Sen Tolentino proposes compromise w/c was adopted by Senate. LDP gets 8 seats (Sen. Romulo), LP (0.5) gets 1 seat (Sen. W. Tañada). All parties entitled to fractional representation in COA. Justiciable question. Violative of the Consti – proportional rep. The number of 12 seats not mandatory to be all filled up, what is important is that COA has quorum to transact business. Guidelines: 1. party must have at least 2 members to be entitled to seat, 2. w/ more than 2 parties in Senate, a party w/ only 1 member cannot claim seat in COA. Only 10 seats filled. Grave abuse of discretion, Sen. Romulo & Tañada NOT entitled to seats in COA. NEGROS ORIENTAL II ELEC. COOP vs. SP of DUMAGUETE – “subpoena/contempt power case” Sangguniang Panlungsod of Dumaguete issued sub-poena & required Chairman Paterio Torres & Gen. Mngr. Arturo Umbac to explain why they must not be cited for contempt for failure to appear in investigation. Alleged use of inefficient power lines. The contempt power of the nat’l legislature is sui generis as a co-equal branch & not vested in local legislative bodies as mere creatures of law. Not vested by the Local Govt. Code – no implied grant of power w/o statutory basis. Such power is vested by law in Nat’l Electrification Admin, therefore proper recourse is to file complaint in said admin. body. Prohibition GRANTED. BENGZON Jr. vs. SENATE BLUE RIBBON COMMITTEE – “Romualdez Corporations case” investigated by Senate re sale of 36 or 39 corporations to Ricardo “Baby” Lopa relative of Cory

Darvin’s Digests

EXECUTIVE SECRETARY – “Oakwood Mutiny case” Pres. PHIL. Petition for review is DISMISSED. Such laws survive Marcos. CORP. Testimony is obviously false. Procedure of enactment questioned. received. Refused to testify & sought to enjoin Senate. barter. not in relation w/ proposed legislation. GUINGONA Jr. Alleged employment of devious financial schemes & maneuvers to make it appear that Benjamin “Kokoy” Romualdez already divested himself of said corps. then later invoked self-incrimination. ruled upon merits. No undue delegation bec. Consti: All appropriation. Sen. Burt for P 5 million collectively – who purchased such for only P 20. As a house bill transmitted to Senate. not self-executing. does not authorize such declaration. Committed to custody of Sgt. Withdrew P 440. Senate prepared bill but waited for House Bill before considering it. to Educ. Arnault. repeal by implication (by virtue of Consti. SANLAKAS vs. not those already in force by virtue of Presidential Decree. People’s Orgs don’t have locus standi. Petition DENIED.6 Billion to debt service. w/c was approved by the HR. Questions asked were pertinent. So long as action is withheld pending the House Bill. No suggestion of contemplated legislation. Certiorari & Prohibitons DISMISSED. 81 & other pertinent laws providing for auto-allocation to debt service. to Revised Admin. amendments may still be made even if not originally proposed provided they are germane to the intent of the law. Such power is incidental to legislative function & implied in its existence. must be passed again by Congress is untenable. deposited. enacts said Act along w/ Anti-dumping Act & imposition of countervailing duties to protect local industries. That all appropriations & bills authorizing public debt. etc. Filed Habeas Corpus. Civil Case pending in Sandiganbayan. Cannot impair Bill of Rights (due process & self-incrimination). & withdrew sums. Warrantless arrests are valid as long as requisites are present. tariff bills. detained at Bilibid. provision on highest budgetary alloc. shall originate at the HR. TOLENTINO vs. only P 27 Billion to Educ. SC assumes jurisdiction (expanded jurisdiction). Senate may propose/concur w/ amendments. & exchange of goods & services. Gov’t purchased Buenavista & Tambobong estates from Ernest H. Appropriations Act of 1990 allocated P 86. it is still subj. although being local. ARNAULT vs. SOUTHERN CROSS CEMENT CORP. etc. Phils. it was not passed by Senate but merely consolidated w/ Senate Version. In anticipation. NAZARENO – “to whom did you give the money to? case" Phil.-at-arms. 4 (Directing AFP & PNP to suppress rebellion). Senate created commity to investigate the sale. – “Safeguard Measures Act case” after GATT & WTO membership. GUINGONA – “City of Santiago Substitute Bill case” House Bill No. Payment made through attyin-fact Jean L. Enrile. CEMENT MANUF. Challenged also on basis of inclusion of Internal Revenue Allotment to compute minimum income. 427 (Declaring State of Rebellion) & Gen. Prohibition GRANTED. Materiality of question determined by its direct relation to subj. ALVAREZ vs. Exemption of publications & sale of religious materials. Consti. vs. Not the law but the BILL must originate exclusively from HR. Exercised so-called Calling-Out Power.Aquino. No inquiry must be an end in itself – it falls w/in the province of the Judiciary (pending case in Sandganbayan). Such bills referred to by Consti. Declaration of State of Rebellion is a mere superfluity & legally insignificant – not necessary & merely a declaration of state of events (accdg. CARAGUE – “Auto Debt-Service case” Gen. of inquiry. to approval of both Senate & HR. revenue. & Commander-in-Chief. 8817 filed in HR to convert Mun. have primarily foreign stockholders. and other basic goods & services removed. No.) is frowned upon. Consti does not prohibit filing substitute bill. Habeas Corpus DENIED. of Santiago. Isabella into an Independent Component City. possible abuse of rights. Petitioners argue that Consti. Mootness due to lifting overlooked by SC. only refer to bills yet to be enacted. Senate may propose changes. issues Proc. He asserts a right founded on shaky ground but refuses to perform a clear & imperative duty. Code). Philcemcor called for imposition of safeguard measures against importation of Portland Cement due to import surges but denied by DTI Darvin’s Digests . sufficient standards are set. Power to call on AFP & PNP to suppress lawlessness & rebellion inherent in Presidency as Chief Exec.000 & later forfeited his deposits to its former owners. Consolidation in Conferrence Committee where differences may be reconciled. undue exercise of emergency & martial law powers w/o grant by Congress. SC ruled that it is included. & ratified through plebiscite. Both corp. Petition DISMISSED. duly signed into law. vs. investigative powers not unlimited. by virtue of PD No. Sotto files counterpart Senate Bill. alleged violation of Anti-Graft & Corrupt Practices Act from privileged speech of Sen.000 & gave it to someone – claimed he forgot the name. Order No. SECRETARY OF FINANCE – “VAT case” imposes 10% VAT on sale.

LIGA NG MGA BARANGAY vs. The Pres. SC cannot interfere. activity. etc also included or approved after its enactment. vs. Violates Consti. matter of the law – it confers no right & affords no protection. ENRIQUEZ – “Senator’s Power to Augment case” RA No. Prohibition DISMISSED. Relied upon Par. Organic Act enacted by Congress but lost through Plebiscite.& CA but later implemented by DTI Secretary. 2332. & Chief Justice & heads of Consti. Constitutes undue delegation. PASCUAL vs. Commissions may. Moot but ruled upon the merits. Phase 3 (Electronic Transmission) scrapped but COMELEC proceeded to implement it to conduct “unofficial count” of Pres. Special Provision No. to Mega Pacific Consortium voided by SC. Incidental interest will not justify such use of public money for private interests. Board of Canvassers for Pres. held position of Captain. During that time. PHIL. Congress has the power to delegate such powers to the Tariff Commission & DTI pursuant to its power of taxation. he served 9 yrs. Not a rider. COMELEC – “Barangay Poll Funds case” represented by its President Alex David. but COMELEC award of contract for Phase 2 of Automated Elec. & VP. & VP results & hence a re-alignment of funds w/ the COMELEC. Petition GRANTED. Appropriations Act allocated only P 137 million. Mere unsubstantiated & speculative allegations by petitioners. 7663 Gen. etc of the Exec. Appropriatios Act of 1994 passed but partially vetoed by FVR. CAR created by EO No. Speaker. & her alter egos enforce them. Commissions may only augment items for their offices from savings in other items. Contract guised as a donation. Involves expenditure of public funds. DEMETRIA vs. proj. be authorized to augment any item in Gen. No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. subj. Must follow guidelines laid down by the legislature in its enforcement. a non-appropriation item in an appropriation measure. ALBA – “President’s unlimited fund transfer powers case” PD No. 1177 (Budget Reform Decree of 1977) provides that the Pres. Appropriations Law from savings in other items. No law shall be passed authorizing transfer of appropriations. to the condition that they will be used as roads in effect increasing their value. Petition DENIED. Gen. sought prohibition due to alleged fears of illegal transfer. Question of policy. It relates specifically to some appropriation therein. they merely act as agents of Congress to perform acts inherent in the legislature – particularly the taxing power. BRILLANTES Jr. claimed that he will donate parcels of his subd. Well founded in law. Elections based on Manila Bulletin article. Also violates one subject embraced in the title rule. vs. MATA – “AFP Provision in Appropriations Bill case” Ernesto Mata was reserve officer of AFP. No longer consistent w/ Consti.. Said resolution lacks constitutional & statutory basis & usurps the Congress exclusive authority to act as Nat’l. Also may amount to Malversation of Public Funds. 11 of Special Provision for Armed Forces on the Gen. 920 appropriated funds for public roads. Petition for review GRANTED. Members of Congress allowed to Darvin’s Digests . Legislature cannot allocate public funds for private purpose – even if there are incidental advantages to the public. reverted to inactive status by virtue of RA No. When the Exec. ZAMORA – “Cordillera Admin.. shall have authority to transfer any fund appropriated to any dept. DTI is enjoined from enforcing. Prohibition DENIED. 4 mos. Jose Zulueta owned Antonio Subd. to Go’v’t. prohibition of Members of Congress being directly/indirectly interested in any grant/contract of gov’t. Appropriations Act of 2000 allocating only around P 18 million for the dev’t. thus this petition. of CAR as opposed to P 36 million annually in previous years. Consti: Heads of Consti. SECRETARY OF PUBLIC WORKS – “Build roads on my private subdivision case” Sen. by law. Failure to notify all political parties. Even if it is a non-appropriation provision. Petition to enjoin GRANTED. Wenceslao Pascual of Rizal objected & sought to enjoin Sec. Must have the positive final determination of the Tariff Commission before it can be imposed. office. 12 days. through the Pres. GARCIA vs. included in the Appropriations Act to any program. Omnibus Elec. Gov. It is not germane to the subj. 220. Such provision is a rider. 1 – directing for the use of fund for winding up of activities & payment of benefits. Region case” assail provision in Gen. of Public Works from enforcing. it specifies certain conditions/restrictions in the manner by w/c said funds are to be spent. ATITIW vs. RA No. In the absence of such and for other causes. Dept. disbursement of public funds for Bgy. Code: Local Gov’ts shall appropriate funds to defray expenses for barangay elec. COMELEC – “Unofficial Quick-Count case” Automation of 2004 Elections signed into law. CONSTITUTION ASSOC. exclusively vested in the Congress. funds appropriated therefore. Appropriations Act w/c provides that reserve officers w/ at least 10 yrs service shall not be reverted to inactive status..

CABATUANDO – “Representation of Poor Tenants case” RA No. matter of the title. PRADO – “franking privilege case” RA No. Petition DENIED. hence Insular is still not subj. VIDEOGRAM REGULATORY BOARD – “VRB case” PD No. 396) w/c provides for retirement for Senators & Reps. matter expressed in the title. Contains only one policy. Agricultural Tenancy Act embraces it & it is not inconsistent thereto. it is the Sen. TOLENTINO vs. vs. 1987 (An Act Creating the Videogram Regulatory Board) w/ powers to regulate the Videogram industry.10 thereof imposes 30% tax on gross receipts. PHIL. in behalf of persons w/ common interest assails validity of RA No. – “power providers case” independent power franchise holder Santiago allocations for operational expenses. COURT OF TAX APPEALS – “tax exemption on oils used for forest concessions case” Insular Lumber Co. GRANTED. 5 thereof providing exemption to miners & loggers. pursuant to law. Not a rider. 7354 (An Act Creating the Phil. FVR vetoes power granted to AFP Chief of Staff to use savings in the appropriations to augment Retirement & Separation Benefits Sys.) Sec. & a licensed forest concessionaire. Defining its Powers. 120 as amended by RA No. Not a rider. 35 thereof is a repealing clause & deprives the Judiciary of the franking privilege. notwithstanding that the title is silent on the matter. Constitutionality AFFIRMED. Regardless of age after service of 12 years & grants gratuities & commutation of unused leave benefits. w/c is necessity for increasing said Fund. subj. Discriminatory. Petition GRANTED. w/ license to operate in Phils. SC cannot look behind the enrolled bill. it suffices if reference be made to the amended legislation. Tenancy Act). ALALAYAN vs. no undue delegation. All parts of the statute are germane to the subj. Internal Revenue Code by withdrawing certain Darvin’s Digests . 3836 (An Act Amending Commonwealth Act No. Did not violate the legislative process bec. merely grants certain exemptions. mere details need not be set forth. & other less important entities but denying it from the Judiciary w/c needs it most. While members of Congress are in best position to determine their needs. it was made to apply exclusively to members of Congress. Exemption of publications & sale of religious materials. Included amendments to the Nat’l. It does not deviate from the gen. operating expenses. of the law. 2641) empowering the NAPOCOR to “require as a condition that such franchise holder receiving at least 50% of its electric power from NAPOCOR shall not realize a net profit more than 12% per annum of its investment plus 2 mos. 1435 (An Act to Provide Means for Increasing the Highway Special Fund) Sec. provided said allocation is not exceeded. and do not cover legislators. It is not a rider. PHIL. from a forest concessionaire.” That requirement is satisfied if all parts of the law are at least related to subj. If statute amends another. CTA ruling AFFIRMED. calimed refund on the basis of RA No. Practical rather than technical construction so as not to cripple the legislature. Pres or Speaker who shall approve such re-alignment. May contain diverse provisions so long as they are not inconsistent w/ subj. Postal Corp. JUDGES ASSOC. Alalayan. It need not be expressed in the title thereof. Said provision not a rider. barter. expressed in the title. to full exemption. NATIONAL POWER CORP. CORDERO vs. 30% tax not oppressive & similar to amusement tax. vs. is a NY based corp. Title comprehensive enough to reasonably include such object w/o necessity to express each & every end & means in it. Said provision providing for such is a rider bec. Tax paid on use of oil & fuel used in its operations. of Justice. CONSTITUTION ASSOC. 186 as amended by RA No. SECRETARY OF FINANCE – “VAT case” imposes 10% VAT on sale. 2263 (Agri.” Does not violate property rights. in its title. A repealing clause in a new statute is valid. Sec. Constitutionality assailed on the rule that “no bill may be enacted into law w/c shall embrace more than 1 subj. Declared NULL & VOID. the operation of a sawmill (subj. Legislative. and other basic goods & services removed. Unconstitutional for violating equal protection. vs. Title is comprehensive enough to include the gen. sections 19 & 20 thereof provide for the creation of the Tenancy Mediation Division. Functions & Responsibilities. granting privilege to Exec. Also it violated one-subject per title rule & authorizes increase in salaries of members of Congress (immediately) & also violates the eual protection clause bec. etc. Such right can only be exercised by the Pres. Said law transfers duty of representation to Dept. purpose. TIO vs. to exemption) is diff. the laws to be amended only apply to GSIS members. GIMENEZ – “retirement gratuity for legislators case” Congress enacts RA No. 3043 (Amending Commonwealth Act No. welfare is paramaount consideration in exercise of police power of the state. However. & exchange of goods & services. INSULAR LUMBER CO..

obj. COMELEC – “2 municipalities merged to 1 city case” RA No. the Exec. w/in the veto power of the Pres. Committee Report on the Sin Taxes Bill submitted before the HR for approval. TOBIAS vs ABALOS – “Mandaluyong City case” caused the creation of separate legislative district exclusively for City of Mandaluyong. & 2. Title is comprehensive enough to embrace it. Election officers protest. Internal Revenue Code. Benjamin Cawaling. matter. Title is comprehensive enough to include the gen. it cannot be considered to be a rider. & excise taxes. 8189 (Voter’s Registration Act) Sec. interpellations followed. or veto the entire section including acceptable provisions. Does not provide for such creation of Leg. COMELEC issued Res. has the right to veto. Assailed on that basis among others. GONZALES vs. as citizen & taxpayer assails that law contains 2 subjs. Constitutionality AFFIRMED. 55 thereof vetoed by Pres. embraced generally in the title (w/c is to broaden the tax base & generate further income). Liberal construction applied in order not to impede cripple legislature. COMMISSIONER OF INTERNAL REVENUE vs. & rest houses” are an item in itself w/c the Pres. to approval by both Houses. 6110 took effect imposing certain caterer’s taxes for foods & percentage tax for liquors sold in golf links. Petition DENIED.exemptions. No violation of security of tenure or equal protection as well. Creation of separate legislative dist. To mention it in the title would be to insist that title must be a complete index of its contents. of Sorsogon. Pres. Re. vs. Approp. Dist. It is only required upon the third/last reading of the bill at the request of 1/5 of the members present and in repassing a vetoed bill. argued that “hotels. motels. is not a subj. there being none (he did not recognize the objection of Rep. To rule otherwise would tie the hands of the Pres. Consttutionality AFFIRMED. COMELEC – “election officers re-assignment case” passage of RA No. It is an Darvin’s Digests . The abolition/cessation of corporate existence of Muns. It provides that if Congress disapproves of or reduces and item or approp. matter of registration to insure the integrity of the reg. Arroyo – not the proper motion) proceeded to approve the Report. separate & distinct from creation of Sorsogon City. Important: in the motion for the approval of Committee Report. of Bacon & Sorsogon. Manila Golf Club asserts that it is an invalid veto & that the entire section (including golf links) must be vetoed altogether. SC ruled that Consti. separate & distinct from its conversion to a highly-urbanized city. There is only 1 subj. Marcos vetoed phrases hotels. 1. Petition DENIED. restaurants. & rest houses from said Bill. Such would interfere w/ the enactment of legislation. ARROYO vs. among others. in choosing either to approve the whole section at the expense of approving a provision he deems unacceptable. of the inclusion of certain provisions by the Bicameral Conf. As long as it is germane to the subj. income taxes. Germane to the subj. ABAKADA GURO PARTYLIST vs. Senate introduced several substantial amendments affecting corp. MACARAIG Jr. & appropriating funds therefore. CAWALING Jr. matter of the law. etc. It is w/in the purview of Consti. creation of City of Sorsogon. Committee not present in Senate & House Bills. for other items. embraced in the title of the law. Consti allows merger of local gov’t units. ERMITA – “E-VAT case” EVAT law assailed on the basis. matter of the law. It is w/in the power of the Committee to introduce entirely new provisions. w/ statute seeks to effect. Gen. It is germane to the subj. Abolition of Muns. Title only provides: An Act Converting the Municipality of Mandaluyong into a Highly-Urbanized City of Mandaluyong. Said vetoed clause is not a provision but an item. Aquino. shall be re-assigned to other station. Plebiscite held. Liberal interpretation adopted so as not to cripple/impede legislation. COURT OF TAX APPEALS – “caterer’s tax case” RA No. 44 thereof provided that elec. Veto is VALID. SC agrees. DE VENECIA – “Parliamentary Procedures case” Conf. Exequiel Javier delivered sponsorship speech. to implement. need not be embraced in the title thereof but is embraced generally & is germane to the subj. Such was not mentioned in the title thereof. DE GUZMAN vs. Sol. It is still subj. the presiding officer does not call for a vote based on yeas/nays but simply asks if there is no objection. but Sec. allowing Senate to propose/concur w/ amendments. 8806 – An Act Creating the City of Sorsogon by Merging the Municipalities of Bacon & Sorsogon in the Prov. Not a rider. approved. process. does not require that the yeas/nays of members be taken everytime the house has to vote. Included amendments to the Nat’l. motels. – “item vs provision case” Gen. Re-assignment of elec. of Bacon & Sorsogondue to merger is not a subj. may not augment the same by the use of approp. Act. officers is relevant to the subj. franchises. 0f 1989 enacted into law. Petition DENIED. officers who served for certain municipality for more than 4 yrs.

w/o vetoing the entire approp. Veto AFFIRMED. not this court. – AFP modernization. PD No. actually vetoed was an existing law (RA No. VETO VALID. It is also an amendment to existing law (PD No. ideally embodied in separate legislation. of a separate law. action in implementing a law or requiring legislative approval must be subj. VETO VALID. Accdg. therein. extent. DEL ROSARIO Jr. to both present & future conditions Darvin’s Digests . VETO VALID. may exercise such power pursuant to a specific law. Law must relate to specific approp. what the Pres. Provisions in an Approp. Rules on Uniformity of Taxation: • standards used are substantial not arbitrary • categorization is germane to achieve legislative purpose • law applies to all things equal. It is merely an expression of Congressional policy. enacts Gen. SC issues Resolution pursuant thereto. Congressmen may question the validity of the veto if it is alleged to be ultra vires. ENRIQUEZ – “So many vetoed provisions! case” Gen. A provision in an appropriation act cannot be used to repeal/amend existing laws. It is likewise a nonappropriation item inserted in an approp. requires his prior approval. They are appropriate provisions & cannot be vetoed w/o vetoing the entire item/appropriation. to the Consti. it is not alien to the subj. Pres. Act of 1992 containing provisons reviving the benefits granted under RA No. Vetoed by the Pres. BENGZON vs. blocking an admin. It is not an inappropriate provision. Approp. Special Provision on Revolving Funds for SCU’s – said provision allows for the use of income & creation of revolving fund for SCU’s. 6758). • • • • • TAN vs. Legislature determines the nature. Special Provision on Road Maintenance – Congress specified 30% ratio fo works for maintenance of roads be contracted according to guidelines set forth by DPWH. 644 is valid. vetoed by the Pres. – “Net Income Tax on Self-Employed & Professionals case” RA No. w/o vetoing the entire appropriation. Criteria: at least 20 yrs service. hence treated as mere item. VETO VOID. Other SCU’s enjoying the privilege do so by existing law. Proper remedy of Congress is to override the veto. Pres. It is the so-called legislative veto. Complied w/ the ff. 644 never took effect. cannot exercise veto to repeal existing laws. Veto is SET ASIDE. Special Provision on Use of Savings for AFP Pensions – allows Chief of Staff to augment pension funds through the use of savings. object. The said provisions are germane to & have direct relation w/ debt service. Any prov. Pres. Vetoed. 1797. neither can veto power overturn a SC Resolution or judgment w/o violating the principle of separation of powers & fiscal autonomy of the Judiciary. Special Provision on Conditions for de-activation of CAFGU’s – use of special fund for the compensation of the said CAFGU’s. 1797 enacted to grant benefits & pensions to retired Justices of SC & CA (amending RA No. Provision for Western Visayas State Univ. only the Pres. 7496 imposes said tax. 1797) as well as the SC Resolution pursuant thereto. Appropriatons Bill passed & signed into law by the President w/ various vetoed items. Although the standard procedure would be simply to override the veto. Special Provision on Purchase of Military Equip. merely acted in pursuance to existing law. in this case it was granted.inappropriate provision. Said tax does not impose gross taxation but net taxation due to allowable deductable items – though significantly reduced. however. Since PD No. 1597 & RA No. & Leyte State Colleges vetoed by Pres. prior approval of Congress required before release of modernization funds. • Special Provision on Debt Ceiling – Congress provided for a debt-ceiling. DRILON – “retired justices’ pensions case” RA No. PHILCONSA vs. VETO VALID. for debt service. retirement due to age (70 yrs) or disability. Vetoed by the Pres. coverage. Note: power to augment lies dormant unless otherwise authorized by law. upon the impression that PD No. 644 enacted to repeal said law but did not take effect due to lack of publication. & situs of taxation. law. Properly vetoed. of road maintenance & cannot be veoted w/o vetoing the entire appropriation. 910). VETO VOID. Congress. It is.

Ad Valorem taxes were imposed upon the said products accdg. Estrada (through a treaty) & the US. must be expressly granted. Zones to John Hay w/c includes tax exemptions. Bases Conversion Dev’t Authority (BCDA) created & enters into joint venture w/ Tuntex Co. No law granting any tax exemption shall be passed w/o concurrence of majority of members of the Congress. However. 420 by FVR grants applicable incentives of Special Econ. used as residence of Director Pedro Borgonia & his extended family. the charter (PD No. to develop John Hay area. PHIL. – “Safeguard Measures Act case” after GATT & WTO membership. taxes. Also a violation of due process for lack of notice. clinics. Must be uniform & equitable. Merely illustrates an example. it must have the positive factual determination of the Tariff Commission before it can be imposed. To determine if it is a charitable institution. 7227 (Bases Conversion & Dev’t Act) enacted for the acceleration & dev’t of Subic & John Hay Camps into hubs of commerce. & other properties imported into or acquired in the Phils. 60% of its hospital beds exclusively used for charity patients. 37-93 classifying the said products to be locally manufactured cigarettes bearing foreign brands – originally owned by foreign manufacturer & thus imposes a greater 55% tax as opposed to the previous 45% tax. BIR issues assailed Memo Circular No. Provision NULL & VOID. ZAMORA – “Visiting Forces Agreement case” entered into by the Phils. CORP. & educational purposes are exempt from real property tax. & other similar charges. For failure to comply w/ such procedures. use of 1st Floor for commercial activities cannot be considered as incidental to educational purpose. The charitable character (and exemption) is not lost simply Darvin’s Digests . claim for exemption denied. petition to enjoin GRANTED. 7227 grants ONLY Subic SEZ w/ tax exemptions & other incentives. otherwise the same would be violative of the Constitution. JOHN HAY PEOPLE’S ALTERANTIVE COALITION vs. In this case. Not assailed on the basis of this matter but upon other grounds. Tax exemption cannot be implied. In the absence of such and for other causes. CFI ruling AFFIRMED. Assesed for real property tax.) & big portion of right side leased to Elliptical Orchids. granted by Patent Office licensed trademarks for Hope. etc. and the beneficiaries must be considered. administration. Local gov’ts may also exempt but only from local taxes. Liberal interpretation allowed & considers incidental use also. in its implementation. LIM – “Camp John Hay case” RA No. work and services. Such exemptions cannot be established by the assailed Proclamation. scientific. & AsiaWorld Inc. Article VII thereof (Importation & Exportation) grants tax exemption to all materials. Personal baggage. supplies. They shall be free from all import duties. 7654. 1823) . Sanggunian passed Resolution establishing certain guidelines including possible payment of local taxes. Said memo not published. The Congress may impose limitations & guidelines to the exercise of these measures (in this case the safeguard measures) w/c must be complied w/ by the Exec. QUEZON CITY – “Lung Center Case” a non-stock/non-profit entity established by PD No. SOUTHERN CROSS CEMENT CORP. & improvements used EXCLUSIVELY for religious. stores. Supervening event: Proc. CEMENT MANUF. buildings. All subjects/objects of taxation. Big portion of Ground Floor leased (canteen.• classification applies equally to members of the same class COMMISSIONER OR INTERNAL REVENUE vs. CTA ruling AFFIRMED. although use of 2nd Flr as residence may be classified as incidental & justified. 2nd Floor of said bldg. vs. w/c had its building & lot subjected to public auction for failure to pay real property taxes. CA – “Fortune Tobacco Case” Fortune Tobacco Corp. of sale issued upon him. Ratified by the Senate through 2/3 vote. to impose safeguard measures is actually just delegated by the legislature in its exercise of taxing power. by or on behalf of the USAF in connection w/ such activities. College is a corp. charitable. cert. vs. 1823. Violates uniformity of taxation. Phils. BAYAN vs. effects & other properties likewise may be imported free of said duties. vs. equipment. Assailed sale on the basis of supposed tax exemption. ABRA VALLEY COLLEGE INC. AQUINO – “School building’s 1st floor for lease case” Abra Valley Jr. 1st Floor leased to Northern Marketing Corp. No. CTA found said classification to be defective. he power of the Exec. RA No. Must follow guidelines laid down by the legislature in its enforcement. All lands. Highest bidder was Mayor Paterno Millare. under Pres. The power of Congress to exempt is as broad as the power to tax. Other cigarettes bearing seemingly foreign brands & similarly situated not included in the circular. Champion. concluded by exchage of notes. purpose. LUNG CENTER OF THE PHILS. by-laws. DTI is enjoined from enforcing. are to be treated alike & put on equal footing both in privileges & liabilities. & More cigarettes classified as locally manufactured brands. to NIRC & RA No. similarly situated. enacts said Act along w/ Anti-dumping Act & imposition of countervailing duties to protect local industries. Ltd.

Petition GRANTED. Lanting challenges. PARTIALLY GRANTED. Furthermore RA No. they are not used EXCLUSIVELY for the exempted purposes. of Finance for the buy-back loans. MABUNAY – “Security Services Bidding case” MIAA terminates security service contract w/ Lanting Security & enters into a new contract w/ PASSCOR through negotiated contract w/o public bidding. Assailed on the basis of uniformity & equitableness (equal protection). the Consti only establishes a preference for progressive rather than regressive taxation. Gov’t enters into contract w/ PNOC-EDC for operation in the MAGRA (Mt. CARAGUE – “Auto Debt-Service case” Gen. to Gov’t. The Consti further allows President to contract/guarantee foreign loans w/c include bonds. 1177. repeal by implication (by virtue of Consti. Absolute universal application is not required. to Educ. 1442 allowed the gov’t to enter into service contract for the exploration/utilization of geothermal resources. not self-executing. It must be established w/ clear & persuasive evidence in order to overcome the presumption of validity. Also violates prohibition against direct/indirect interest of legislators in any grant/contract of the gov’t. Sec. to the tax. of the Phils. Although the power to tax & to spend lies w/ Congress. Reservation Area) w/ resulted to the construction of a 104-megawatt power plant.because it derives incomes so long as such incomes are used for charity. Congress is w/o power to appropriate public funds (& levy taxes) for anything but a public purpose. There is no substantial distinction between loan and bonds. ABAKADA GURO PARTYLIST vs. only P 27 Billion to Educ. Consti: No money may be paid from the Treasury except in accordance w/ an appropriation made by law. Although the E-VAT is more regressive than progressive.charter does not expressly provide so. It is likewise uniform in its application of the said tax on all goods/services as well as the 5-year amortization on tax on purchase of capital goods. as well as the 5% final withholding tax. they are not the property subj. MANILA INT’L AIRPORT AUTHORITY vs. Wenceslao Pascual of Rizal objected & sought to enjoin Sec. DOE does not have power to exempt. Certiorari & Prohibition DISMISSED. REPUBLIC vs. the President is empowered to execute debt-payment automatically w/o further appropriation. only Congress has the power. 920 appropriated funds for public roads. unless beneficial use is granted to a taxable person – PNOC-EDC (the beneficial user) is a taxable person. however. Petition DENIED. to the condition that they will be used as roads in effect increasing their value. PASCUAL vs. CUISIA – “debt-relief agreements case” Pursuant to the Phil. Tax exemption in contract cannot be given effect bec. by virtue of PD No. Such laws survive Marcos. w/c allows gov’t to enter into service contracts through public bidding or negotiated contract. ERMITA – “E-VAT case” imposition of an indirect tax on consumption of goods/services. Gov. MIAA invokes Sec. Remedy for the payment of tax delinquency is through Civil Action. SECRETARY OF PUBLIC WORKS – “Build roads on my private subdivision case” Sen. agencies may not transcend the law in implementation. of Finance & Debt-Negotating Chairman enter into the debtrelief agreements w/c include buy-back of loans (re-purchase of loans w/ discount). SPOUSES CONSTANTINO vs. merely equal application among equally situated entities. Darvin’s Digests . Apo Geo. Improvements. 68 of the GAA of 1995. GUINGONA Jr. provision on highest budgetary alloc. Petition PARTIALLY GRANTED. Consti. RA No. The E-VAT is likewise equitable as the basic agricultural food & marine products in their grassroots state are not subject to the tax. the Sec. Admin. Assessed for tax delinquency by Local Treasurer w/c sought public auction of land & improvements. Under Local Gov’t Code. vs. subj. 28 (3) of the Consti provides for REAL property tax exemption only. or those w/ high ratio of input tax – is not violative of equal protection. cannot be auctioned bec. Appropriations Act of 1990 allocated P 86.6 Billion to debt service. Comprehensive Financing Prog. CITY OF KIDAPAWAN – “MAGRA case” PD No. It is a mechanism that allows gov’t to avoid anomalies in the execution of contracts & the disbursement of funds such as favoritism or over-pricing. of Public Works from enforcing. the land is public land & cannot be auctioned as well. No tax exemptions granted by Charter. 240 grants specific legal authority to the Sec. However leased properties are NOT exempt . by virtue of PD No. claimed that he will donate parcels of his subd. 81 & other pertinent laws providing for auto-allocation to debt service. E-VAT law is VALID. Jose Zulueta owned Antonio Subd. Incidental interest to the public will not justify such use of public money for private interests. Nothing in the said provision allows the gov’t to do away w/ public bidding requirement. tax exemptions granted to real property owned by the Rep. w/c has the force of law. The limitation of creditable input taxes on certain entities – such as those frequently transacting w/ gov’t.) is frowned upon. but does not prohibit the latter.

& Identification Sys. ORBOS – “Oil Price Stabilization Fund case” PD No. Availability of funds is an indispensable requisite for the execution of gov’t contracts. must be passed again by Congress is untenable. Coverted into a “trust liability account” by virtue of EO No. Winning bidder was Photokina Marketing Corp. hence its vesting upon the SC of jurisdicrion over ERB w/o its advice & concurrence is inoperative. Desierto inhibited himself. COMELEC undertakes the Voters Reg. COURT OF APPEALS – “SC jurisdiction over ERB case” Davao Light & Power Co. & BP No. 226 never became effective. as well as implementing Circular No. only refer to bills yet to be enacted. DIAZ vs. 388 & proceeded to purchase shares of stock w/ the Repulic Planters Bank (w/c replenished its capital). w/c binds erring officers in their own capacity if they transcend their legitimate powers. Gen. When the relationship soured. Admin. 172. EO No. & other increases in tax collections. FIRST LEPANTO CERAMICS vs. RTC rules in favor of Photokina. Hence. engr. 226. Deputy Ombudsman exonerated respondent. Sol. Proposed phasing of execution is likewise violative of the law & dangerous to the interest of the gov’t. chairman of PROMAT Consruction & Nestor Agustin. Petition DISMISSED. 1024 & was released from the Treasury to the Ministry of Eergy. The fees collected are in the nature of a tax w/c accrued to a Special Fund – the Dev’t & Stabilization Fund – in the exercise of the power to regulate. Not alleged in the appeal. GASTON vs. New Chairman Benipayo scrapped the program. 6770 (Ombudsman Act) Fabian appeals to SC. but Agustin oppressed her. 8189 (Voters’ Registration Act) provided for modernization of registration & appropriated funds (P 1 billion) therefor. Judicial Reorganization Act remains in effect. Fabian files admin case before Ombudsman. COMELEC vs. & Auditing Code of the Phils. COMELEC issues Notice of Award but refuses to execute contract for lack of funds. Once the purpose has been fulfilled or abandoned. was already effective w/c prohibits Congress from increasing the appellate jurisdiction of the SC w/o its advice & concurrence. found him guilty of misconduct – suspension w/o pay for 1 year. Petition for review is DISMISSED. It is not a trust fund. 129 remains in effect. intervenes. Certiorari GRANTED. Upon motion for reconsideration. had amorous relations – w/ advantage to PROMAT. not those already in force by virtue of Presidential Decree w/c have the force of law. Sugar Commission (PHILSUCOM) levied fees upon sugar farmers & millers pursuant to PD No. Hence. REPUBLIC PLANTERS BANK – “Sugar Special Fund vs Trust Fund case” The Phil. but CSC decisions appealable to the CA. COURT OF APPEALS – “SC jurisdiction over BOI case” EO NO. the Omnibus Investments Code of 1987 repealed BP. incumbent dist. 1-91 pursuant thereto w/c prescribes the procedures therefor. w/ a bid of P 6. Code. otherwise it is null & void.5 billion. creating the ERB was enacted when the 1987 Consti was already in effect. EO No. Such bills referred to by Consti. 1-88 & 2-90 (providing for dismissal of erroneous appeals). w/c dismissed it for failure to comply w/ Circular Nos. Trust agreement did not materialize. QUIJANO-PADILLA – “Voter’s Registration w/o Funds case” RA No. & was established to protect the consumers from frequent oil price fluctuations. appealed the decision of the ERB (deducting assessments from their property) directly to the SC. Payments for inventory losses & underrecovery from sales sustained by the courts but not reimbursements w/c were not specifically authorized by law. They are taxes collected in the exercise of the police power of the State. Agencies are required to limit their expenditures w/in appropriations made by law in accordance w/ Consti. as well as said Resolutions enacted pursuant thereto. mandamus is DENIED. Engineering Dist. Proj. RA No. 6770 enacted during the effectivity of the 1987 Consti & violates the prohibition on Congress’ increase of the appellate jurisdiction of the SC w/o its advice & concurrence. 292. the police power of the State. the balance shall be transferred to the general funds of the Gov’t. 129 w/c vested appellate jurisdiction over BOI orders to the IAC (now the CA) & now provided that all appeals from the decisions of said board shall be filed directly w/ the SC. etc. sugar farmers & millers prayed for the transfer of the shares of stock in their favor. SC remands the case to the CA for disposition. Photokina sues to compel the execution of the contract.That all appropriations & bills authorizing public debt. FABIAN vs. Photokina has recourse though EO No. SC found out that Ombudsman & CSC have concurrent jurisdiction. The purpose is to promote the growth & dev’t of the sugar industry. The OPSF is not a trust fund but is actually a special fund.. not the lis mota of Darvin’s Digests . of the 1st Metro Mla. Supervening event: The 1987 Consti. 1956 created the OPSF designed to reimburse oil companies resulting from world oil price adjustments. Fabian sought to end relationship. No. Pursuant to RA No. DESIERTO – “SC jurisdiction over Ombudsman case – love affair” Teresita Fabian. Funds acquired from ad valorem taxes & duties on imported petroleum. OSMEÑA vs.

7227 (Bases Conversion & Dev’t Act) w/c provided for the creation of the Subic Special Econ. He appealed to the SC. CA has jurisdiction in accordance w/ 1997 Rules on Civil Procedure. SUBIC BAY METROPOLITAN AUTHORITY vs. local initiative shall cover only matters w/in the legal powers of the Sanggunian to enact (subject to decision by COMELEC). as Chief Executive. IBP. entered into a contract w/ Fairchild Marketing & Const. & failed to provide the detailed procedures but provided such for amendment of statutes and local legislation. 6770 enacted during the effectivity of the 1987 Consti & violates the prohibition on Congress’ increase of the appellate jurisdiction of the SC w/o its advice & concurrence. Certiorari GRANTED. is authorized. ENRIQUEZ – “Guidelines in implementation case” Pres. Petitioned on certiorari to the SC. but residents therein interposed reservations. Compromised w/ the PCSO & approved by the PCSO Board of Directors. Desierto ruling applies. COMELEC acted w/ grave abuse of discretion in giving due course to petition bec. Fabian vs. RA No. DPWH. hence they resorted to initiative. The implementing law RA No. DEFENSOR-SANTIAGO vs. Sanggunian Bayan of Morong issued Resolution indicating approval. & NHA in accordance w/ his program for Gov’t. 6735. Zone. COMELEC gives due course to petition pursuant to RA No. Darvin’s Digests . Case is REMANDED to COMELEC w/c must make preparations for Initiative. COMELEC – “Consti amendment through Initiative case” Atty. w/c the SB later agreed to. COMMISSION ON AUDIT – SC jurisdiction over Ombudsman case – public school” Victoriano Tirol was Regional Director of DECS for Region 8. TIROL Jr. Certiorari DISMISSED. DESIERTO – “SC jurisdiction over Ombudsman case – Sweepstakes” Douglas Villavert is a Sales & Promotion Supervisor who incurred P 900k + worth of unpaid PCSO tickets. The issuance of said guidelines is only an exercise of the President of his duty to ensure that laws are faithfully executed. it did not even contain the signatures. They submitted request for certain amendments to Congress w/c did not act upon it. imposed conditions & administrative guidelines upon the expenditure of funds for the COA. Jesus Delfin filed w/ COMELEC a petition to amend the Consti through Initiative – calling for elimination of term limits of elective officials.the case. to take necessary steps to carry the laws into execution. SC. or to propose and enact legislation. failed to provide contents of the petition. The Pres. VILLAVERT vs. but SC brushed them aside. Ombudsman. Desierto. however. RA No. Definitions: • • Initiative – power of the people to propose amendments to the Consti. Requires activation by Congress. vs. DeputyOmbudsman for Visayas pursued admin. charges w/c approved & filed charges w/ Sandiganayan. Constitutional Law Executive Branch of Government EXECUTIVE POWER PHILCONSA vs. Case was referred to the CA for final disposition citing Fabian vs. & other parties challenge on certiorari. Provision on Constitutial Amendments in not self-executing. to the LGC. case against him & found him guilty of Grave Misconduct & Dishonesty – recommended his dismissal. it is inadequate to cover that system. COMELEC initialted referendum (not initiative) calendar of activities & promulgated guidelines. However. COMELEC – “Inclusion of Morong in SEZ case” RA No. It failed to provide a subtitle for Consti amendments. begun & consented to by the law-making body Accdg. 6770 enacted during the effectivity of the 1987 Consti & violates the prohibition on Congress’ increase of the appellate jurisdiction of the SC w/o its advice & concurrence. Miriam. SBMA filed for certiorari. entirely the work of the electorate Referendum – the power of the electorate to approve or reject legislation or local laws. w/c was grossly disadvantageous to the gov’t as per COA audit. Corrective measures must be made. and NOT referendum. 6735 intended to include Constitutional Amendments. recommended to the Ombudsman for criminal & admin.

PCGG – “Seriously Flawed Marcos Compromise case” PCGG enters into compromise agreement w/ the Marcos Family for the recovery of ill-gotten wealth w/c contained several serious constitutional infirmities as follows: • It compromises BOTH civil & criminal liability. It grants the DOJ the power to determine who can qualify to said program & become immune from suit. Not an intrusion of the judicial prerogative to discharge an accused as a state witness. an alien does not possess right to an indefinite stay. not as a matter of right. The Marcoses are principal defendants before the Sandiganbayan. economic problems. Lived at Bañez’s house. 296 authorized the sale of said estates to non-Filipino citizens/entities. pretended to be friends only & passed through immigration through such misrepresentation.” It was originally dedicated to embassy. pardoning power. the residual power of the Pres. EO No. to serve & protect the general welfare of the people is exercised as mandated by the Constitution. treaty-making power. & Benefit Program) w/c mandates non-inclusion of state witness in the criminal complaint & grants immunity from prosecution. or future. signified his desire to return to the Phils & die in his country. This is a clear encroachment upon the judiciary. but not for the principals of the crime. The principal witness was Jessica Alfaro. Aquino deemed such return to be dangerous to the safety of the nation. Married Djumantan in Indonesia & had 2 children. The power to execute the law includes the power to prosecute. mature or inchoate. DOMINGO – “Muslim wife case” Bernard Bañez was OCW to Indonesia. GARCIA – “Roppongi Properties case” acquired through reparations from Japan after WW2 under the Reparations Agreement. Pres. 223. This violates the Civil Code – an action for future fraud cannot be waived. Security. The President’s power to deport is as absolute & unqualified as the power to prohibit entry into the country. etc. MARCOS vs. commander-inchief powers. 296 does not have force of law bec. Circumstances during the time include frequent coup d’ etats. In this case. It binds the Gov’t to dismiss the cases before the Sandiganbayan. It is a license to perpetuate future fraud and crime w/ immunity. Alien’s admission is a matter of pure permission. Aquino created committee to study the disposition of said estates. but the latter was transferred and the Roppongi property became dormant.WEBB vs. the concurrence of Executive & Legislative is necessary. 6981 (Witness Protection. discovered by Cabel who filed for concubinage but was dismissed. Marcos. whether past. Brought them to Phils. The power to prosecute crimes is vested in the Executive Branch in its power to implement & execute the laws. present. However. DE LEON – “Vizconde Massacre case” Hubert Webb & 8 other persons charged w/ the crime of rape w/ homicide of Carmela Vizconde. MANGLAPUS – “Marcos’ return to the Phils. Said property is of public domain – outside the commerce of man. Pres. Right to return to one’s country not expressly granted by the Bill of Rights but recognized in Int’l Law. EO No. are not restricted to those expressly granted by the Consti such as appointing power. hence RA No. The power to tax & to grant tax exemptions is vested in Congress. married to Marina Cabael. Pres. but include such inherent & residual unstated powers necessary to the exercise of executive power & implicit to the paramount duty to protect the people. listed under “Government Sector. Pres. CHAVEZ vs. the deportation of Djumantan is barred by prescription (5 yrs +) accdg. detained at Commission on Immigration & Deportation – deportation proceedings ensued. It exempts from all forms of taxes the properties retained by the Marcos heirs. Aquino has already lost her revolutionary powers by then. Dismissal of the case is at the discretion of the court. DJUMANTAN vs. The DOJ issued the assailed Resolution finding probable cause. etc. • • • Darvin’s Digests . in his deathbed. His son Leonardo filed complaint before the Ombudsman. There must be a law authorizing its conveyance. against the Marcoses. 14 allows the grant of immunity for witnesses only. Information was filed against petitioners through DOJ Order No. case” After being deposed & exiled to Hawaii. warrants of arrest issued by Judge Amelita Tolentino. to Immigration Act of 1940. Jessica Alfaro was not included in the information based on RA No. It is dedicated for the public use & cannot be appropriated or alienated w/o a formal declaration from the gov’t to convert it to patrimonial property. her mother & sister. LAUREL vs. The Gov’t waives any claims. 6981 w/ its affirmation of executive discretion is VALID. EO No. Likewise. Powers of the Pres.

JONES – “Another of Clinton’s sexual adventures case” Paula Corbin Jones was working w/ Arkansas Industrial Dev’t Comm. presumed to be from employee of EIIB alleging corruption w/in such as ghost employees. from being hampered in the performance of duties & functions by lawsuits & allows the Pres. He must allege it on the basis of military or diplomatic secrets. privilege will not hold unless it is alleged that the privileged info partakes of the nature of military or diplomatic secrets or similar matters. Division & Records Section of EIIB requiring production of documents relating to Personal Service Funds. HARLOW vs. RICHARD NIXON – “Exec. OF NEDA – “Unified ID System case” Pres. Objective test: must have reasonable knowledge & respect for basic rights. unqualified Presidential Immunity. Should she so desire. Nixon & other exec. upon order of the President. Branch. etc. Subjective test: must not demonstrate malicious intent. Under the Consti. ALMONTE vs. but it is her prerogative to do so. Case was remanded for further proceedings based on the standards laid down. it is only an executive issuance. officials. through EO No. for various Departments of the Gov’t under the Executive for cost-efficiency. convenience. It is not the Nat’l ID System. VASQUEZ – “Econ. Fitzgerald files suit for damages. she may shed the immunity. MAKASIAR – “It’s my prerogative! case” Luis Beltran & other petitioners were charged w/ libel by Pres. or 2. There are several laws mandating Gov’t entities to reduce costs. In issuing said EO. CLINTON vs. There are 2 ways for admin. the Pres. to give governance her undivided attention. is only performing the duty to ensure that laws are faithfully executed. KILUSANG MAYO UNO vs. allegedly violating his constitutional rights. Both must be present. Exec. etc. He must establish that his office performs such sensitive functions that would require immunity & that the act alleged was in the performance of said functions. increase efficiency. Privilege vs. Privilege works to protect the Pres. Arroyo. not an act of legislation. Intel. Also invokes separation of powers. is self-executing & is limited to Exec. It lacks the approval of the President FVR. Does not usurp the power of the legislature. Nixon invokes the General Executive Privilege. improve services. Both cannot sustain absolute. agencies to effect such ID system: 1. Ombudsman investigates & issues sub poena ducs tecum to Acctng. DIRECTOR GEN. high Gov’t officials & those who advise & assist them in the performance of their duties. It may only be invoked by the President. Criminal Justice case” Pres. IMMUNITY FROM SUIT SOLIVEN vs. the court issues sub poena duces tecum for the production of taped conversations bet. Such power of the Pres. bureaus. the President shall have control of all executive departments. Nixon who conspired to have Earnest Fitzgerald removed from his employment in the White House. & Investigation Bureau privilege case” Ombudsman received anonymous letter. FITZGERALD – “Aides of Nixon case” Bryce Harlow & Alexander Butterfield are aides of Pres. etc. 420 mandated the NEDA to facilitate the implementation of the Uniform ID Sys. Aquino. State Police Officer Danny Ferguson orders her to leave desk to visit then Gov. Beltran argues that the presidential immunity from suit imposes a correlative disability to file suit bec. By memorandum of agreement bet. of criminal justice. agencies.• • It does not provide for a period w/in w/c the Marcoses must satisfy their prestations & lays no standards as to what assets are to be retained by them and those forfeited to the Gov’t. Generalized interest in confidentiality will not hold against the demands of due process & fair admin. Bill Clinton in his hotel suite where the latter made “abhorrent” sexual advances upon Darvin’s Digests . she may have to be a witness for the prosecution & subjected to pain of perjury – hence circumventing the said principle. Nixon was charged for conspiracy to defraud the United States & obstruction of justice. Pursuant thereto. No express statutory grant of privilege. only purchase of info & rewards are privileged under COA Circular No. EIIB has duty to account for use of public funds. 88-293. EXECUTIVE PRIVILEGE UNITED STATES vs. Presidential aide does not enjoy the same degree of immunity. anomalous disbursement of public funds. not by anyone else in her behalf. & offices. protection of communications bet.

EACIB – “appointments to the Embroidery Board case” RA No. of Commerce & Industry. Pres. the re-assignment of Bienvenido Icasiano from being Schools Div. GLORIA vs. No person who has succeeded the Pres. Approved by FVR. Central Bank. ELECTION OF THE PRESIDENT / VICE PRESIDENT ANSON-ROA vs. She also waived the revision of the remaining unrevised ballots – signifies intent to abandon her claim. Alleged use of funds is question of fact. of Embroidery & Darvin’s Digests . CA – “DECS reassignment case” DECS Sec. hence they stand on the same footing as any other trespasser. of Science & Technology (MIST) to fill up a temporary vacancy. It is a political contract w/ the electorate to serve her constituency for the term for w/c she was elected. it is directed against Sec. Unlawful acts of public officials are not acts of the State. Conviction in Impeachment is not a requisite to criminal prosecution before the Ombudsman. the proper criminal (plunder. Consti: The President shall not be eligible for RE-ELECTION. Icasiano sues for violation of security of tenure due to indefinite duration of assignment. DESIERTO – “The Impeachment Drama case” Impeachment of Pres. 15 thereof provides that separation or cessation of a public official from office is not a bar to prosecution under this Act. Pres. Arroyo sworn into office – SC holds that she is not just acting president but is actually incumbent president. Council as ex-officio members. ESTRADA vs. Filed suit for damages. Does not have to resign & can run w/ all the concomitant powers & duties of the Presidency. Estrada prosecuted by the Ombudsman based on the Anti-Graft & Corrupt Practices Act. SC considers him to be resigned on the basis of the totality of his acts and the attending circumstances present during the volatile period. Estrada disintegrates. but when impeachment proceedings become moot due to resignation of the Pres. Even so. The EDSA Dos drama ensues. Dept. REMANDED. & member from the private sector from Assoc. Superintendent of QC to Superintendent of Marikina Inst. She was later treated in a hostile manner at work.her w/c she rejected. Presidential immunity from suit is not violated bec. Nat’l Econ. Only 3 yrs left in the Presidency. of Candidacy for the Senate. The rationale of the rule is to allow the Pres. The Federal Court erred in deferring due course & must assume jurisdiction to try the case. ARROYO – “Incumbent Arroyo runs for President case” Senatorial candidates Elisa Anson-Roa & Amina Rasul-Bernardo challenge her candidacy & allege use of public funds for campaign. to perform his DUTIES w/o being hampered. 2 thereof defines membership: representatives from Bureau of Customs. graft & corruption) & civil actions may proceed against him in ordinary courts. It is tantamount to withdrawal/abandonment of her claim to the Presidency. RAMOS – “I still want the Presidency case” as the election protest for the presidency was pending. PRESIDENTIAL CONTROVERSIES DEFENSOR-SANTIAGO vs. presidential decisions may be assailed in court if there is grave abuse of discretion. Arroyo was not elected as President & has not served for more than 4 yrs. The exact nature of Impeachment is debatable. Gloria & not FVR. They are not protected by Executive Immunity from suit. The protected action must be related to the immunity’s purpose. the confirmation of Congress as a co-equal branch was given great weight. Sec. not of law. Miriam files her Cert. Sec. Clearly violated security of tenure. Unofficial acts do not fall w/in the privilege of immunity from suit. Federal Trial Court deferred trial until expiration of term of Clinton as President of the US. PROHIBITION AGAINST HOLDING OTHER OFFICE / EMPLOYMENT RAFAEL vs. Does not violate separation of powers. bribery. 3137 created the Embroidery & Apparel Control & Inspection Board. the mass resignation of his Cabinet follows & he leaves Malacañang. & has served for more than 4 yrs shall be qualified for election to the same office anytime. The action becomes moot upon the expiration of the contested term. Ricardo Gloria recommended to the Pres. 6 yrs to serve as Senator. The President’s immunity from suit does not extend to acts committed outside of official duties. COMELEC has jurisdiction.

EXEC. Gen. they may only hold other office when the Constitution itself so provides. his official family. the Pres is deprived of appointing power subject to the only exception. in so far as holding public position. 4 & 9. w/c proceeded to vote in favor of 5 persons as directors of said company in absence of the Gov. Speaker of the HR. Pres. 7 Sec. directly or indirectly xxx participate in business w/ or be interested in in any contract or franchise granted by the Gov’t. Conflict is resolved as follows: General Rule: vacancies must be filled (Appointment of judicial officials falls here) Exception: the ban on appointments upon 2 months prior to date of election. under-secretary. SECRETARY – “stricter prohibition on appointments case” EO No. asst. under Art. 2822 w/c created a Voting Committee composed of Senate Pres. Secretary & below) as a general rule. vacancies in the Judiciary must be filled w/in 90 days from occurrence upon recommendation of the JBC. became Gov’t-owned (more than 99% of shares of stock). As an incorporator / director of family business. VP. 15 of the Consti. to Art. & VP. they were merely designated new duties as ex-officio members in addition to their original duties. it exceeded the 90 day duration under Civil Service Law).” Consti: Art. Exception: appointments to vacant EXECUTIVE positions when the public safety so demands. Darvin’s Digests . it does not infringe upon the appointing power of the President. 9 applies to appointive officials in the Civil Service (Asst. Hence. 8 Sec. TEMPORARY APPOINTMENTS IN RE: VALENZUELA & VALLARTA – “midnight appointments case” Mateo Valenzuela appointed to the RTC of Bago City. also demanded the nominations of the JBC for the vacancy on the SC resulting from the retirement of Assoc. Hence the appointments of Valenzuela & Vallarda are NULL & VOID. Pres. enterd into the bidding process for supply of equipment for the DECS & Nat’l Manpower & Youth Council. Exception to the exception: appointment of EXECUTIVE officials when public safety requires The intent of the Consti is to prevent “midnight appointments” as well as influence of appointments upon elections. However. Justice Ricardo Francisco. 9 states “Unless otherwise allowed BY LAW or the primary functions of his position xxx” Intent of the Consti was to impose stricter prohibition on the Pres. upon w/c no limitations may be imposed except by the Com. & the Gov. The appointing power is the exclusive prerogative of the Pres. Art. Organic Acts vest supreme executive power on the Gov. Gen. It does not include positions held in an ex-officio capacity & w/o additional compensation for services rendered in such ex-officio capacity – they are not other offices but merely other duties part of their principal office. but the Chief Justice (Chair of the JBC) refused on the basis of said prohibitory period. president / shareholder of the Doromal Int’l Trading Corp. INDIRECTLY INTERESTED in the transaction. ISLANDS vs. Gen. 7 Sec. 2 months prior to election. Remanded to Ombudsman for preliminary investigation. Branch may not hold more than 2 other positions in the Gov’t. during their tenure. Pres. while Placido Vallarta to RTC Cabanatuan City w/in the period of ban on appointments 2 months before elections accdg. who challenges constitutionality of voting committee. 284 promulgated by Pres. No new appointments were made. OTHER PROHIBITIONS DOROMAL vs. 7 unless provided in the Consti. EC No. on Appointments.Apparel Exporters of the Phils. other appointive officials of the Exec. 2705 as amended by Act No. NO. 284 is declared NULL & VOID. SPRINGER – “appointment for GOCC’s case” The Nat’l Coal Co. 13 of the Consti: “The Pres. he was at least. Aquino (revolutionary legislative powers) stating that “members of the Cabinet. secretary. Cabinet. deputies or assistants xxx shall not. & appointment is an executive function. SANDIGANBAYAN – “Indirect interest in family corp. case” Quintin Doromal. NATURE OF APPOINTING POWER GOV’T OF THE PHIL. Preventively suspended pending litigation by the Sandiganbayan (ordered lifed bec. Note: Under Art. as Commissioner of the PCGG & at the same time. VP. members of the Cabinet. Art. but as for Cabinet Members. CIVIL LIBERTIES UNION vs. it was created under Act. deputies & assistants may not hold ANY OTHER OFFICE OR EMPLOYMENT during tenure.

Intent of the Const is to strike a middle ground bet. Labor. of the Dept. hence no approval is necessary from Com. by law. w/c the Pres appoints the Chair w/o express condition of prior COA approval. & other officers whose appointment is vested in him in this Constitution. hence. Pres. submitted their appointement to the Commission on Appointments for Darvin’s Digests . Appointment of Mison & Carague fall under 2nd Sentence. BAUTISTA vs. Word “alone” in 3rd Sentence is a mere lapsus in draftsmanship. Quiaoit prevailed. Bartolome Arteche (Peasant). are apoointed by Pres. Dir. Lack of recommendation is not fatal to the appointment & is merely persuasive & discretionary but NOT mandatory. & annex compensation but has nothing to do w/ the man to fill the office. Dist. Gen. Sec. Transpo & Communications. so are their alternates not entitled thereto. Oscar Bermudez was recommended by DOJ Sec. in violation of rule on multiple positions. for the HR during recess: Teresita Quintos-Deles (Women). Jose Yap of 2nd Leg. of Finance. Appointment entails DISCRETION on the part of the appointing power. Only those in the 1st Sentence require consent of the Commission on Appointments. COMMISSION ON APPOINTMENTS SARMIENTO III vs. NHA orders Notice of Disallowance covering the ex officio members of the NHA Board of Directors who are mere representatives of ex officio members mandated by PD No. CHR is a constitutionally created body. TORRES – “Recommendation of DOJ case” Vacancy for the office of Provincial Prosecutor of Tarlac emerged. of Tarlac. 13 of Art. Aquino appoints Hesiquito R. Bautista cannot be removed from office w/o just cause & is affirmed as the true appointed Chairman of CHR. to effect refund of remunerations & ordering the disallowance of add’l compensation. COMMISSION ON AUDIT – “compensation of alternates case” Pursuant to CLU vs. BERMUDEZ vs. on Appointments. Pres. on Appointments. Dept. Aquino as Sectoral Reps. define it powers. 3rd Sentence: Congress may. Mison. SALONGA – “CHR 1st Sentence case” Mary Concepcion Bautista appointed to the CHR w/o approval of Com. ambassadors. Administration of GOCC’s is not germane to legislative function. vest the appointment of other lower officers in the Pres alone. Such vestige of power in Voting Committee is a violation of separation of powers. QUINTOS-DELES vs. DE LA CRUZ vs. Consti provides as follows: 1st Sentence: The Pres shall nominate & with the consent of the Com. COA issues Memo No. but refuses to submit to its jurisdiction.Legislature has power to create the office. the 1935 (very restrictive) and 1973 (very permissive) Constitutions. Dept. Such offcials are Sec. Position of Chair of CHR falls under 2nd Sentence (xxx those he [Pres] may be authorized by law to appoint xxx). appoint heads of the Exec. in the courts. on Appointments (COA). Prohibiton in Sec. while Conrado Quiaoit was recommended by Rep. other public ministers & consuls. Since the Exec. Secretary. Personality of the Sec. 757 creating the NHA.. Al Ignatius Lopez (Youth). Secreatries functioning in an ex officio capacity are not entitled to compensation. Exec. & Rey Magno Teves (Urban Poor). of Public Works. Secretary. Code of 1987 w/c provides that “Provincial & city prosecutors & their assistants shall be appointed by the Pres upon recommendation of the Secretary. commissions. COMMISSIONS – “Sectoral reps. Malilin as ad interim Chair of CHR pending MaryCon’s dispute w/ COA. agencies. of NEDA. Bermudez challenges citing Revised Admin. no approval of the COA is necessary. or officers of the armed forces from the rank of colonel or naval captain. of Budget assailed on the basis of lack of approval of the Commission on Appointments. of Justice is merely extension to that of the President. confirmation case” The following. 97-038 ordering Gov’t officials who. COMMISSION ON CONSTI. & GM of NHA. COA summons her to present credentials for review. or boards. Exec. Their positions are merely derivative. heads of depts. 7 of Consti does not include positions held W/O COMPENSATION & in an ex officio capacity. 2nd Sentence: He shall appoint all other offices of the Govt whose appointments are not otherwise provided by law. MISON – “1st Sentence case” Appointment of Salvador Mison as Commissioner of Bureau of Customs and Guillermo Carague as Sec. just as in Sarmiento vs. Industry. & those he may be authorized by law to appoint. Teofisto Guingona.

It falls under 2nd Sentence of Art. Termination pay due to illness granted by the SC. who stopped working & died of illness. He must 1st resign his post before he can be appointed to other office. & other officers whose appointment is vested in him in this Constitution) require COA approval. 16 of the Consti. 7 of Consti: No ELECTIVE official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Sarmiento vs. the power of whom to appoint is the prerogative of the appointing power – Congress deprived the Pres.) may be authorized by law to appoint. the Pres. other public ministers & consuls. The argument of succession by operation of law is untenable as the Pres. 7227 (Bases Conversion & Dev’t Act) w/c provides that for the 1st year of effectivity. but they refused to submit themselves to its jurisdiction. Only appointive officials may be authorized to hold other offices in an exofficio capacity when allowed by law or the primary functions of his office. not ex officio capacity – hence it violates the Consti. 6715 (Herrera-Veloso Law) amended Labor Code & provides that the Pres. U-SING BUTTON & BUCKLE INDUSTRY vs. 16 (those whom the President may be authorized to appoint by law) however. Public policy: his previous acts as SBMA Chair are not necessarily null & void as he acted as a de facto officer whose acts redounded to the benefit of community. POBRE vs. 7 Sec. it expands the powers of the COA. shall appoint the Mayor of Olongapo (Gordon) as Chairman & CEO of SBMA. Said law is unconstitutional bec. Mison doctrine was reiterated. Darvin’s Digests . It falls w/in the 2 nd Sentence of Art. other public ministers & consuls. could not have enacted said PD to curtail his own powers of appointment. 1989 pursuant thereto designating assignments. Drilon issues Admin Order No. Estoppel applies for they already subitted to jurisdiction of NLRC. NLRC dismisses underpayment but grants separation pay. FLORES vs. Appointment of Sectoral Reps is vested in the Pres. by virtue of the Consti & falls under 1st Sentence w/c requires COA approval. Appointment of NLRC Commissioners falls under 2nd Sentence of Art. & those he may be authorized by law to appoint) w/c requires no prior approval of the COA. MENDIETA – “PRC Chairman appointment case” PRC Chairmanship becomes vacant upon expiration of term of Julio Francia. DRILON – “Olongapo Mayor as SBMA Chair case” RA No. Congree cannot. Moot due to COA approval. their acts are valid.confirmation. of discretion bec. or officers of the armed forces from the rank of colonel or naval captain. & other officers whose appointment is vested in him in this Constitution) exclusively require COA approval. by law. or officers of the armed forces from the rank of colonel or naval captain. APPOINTMENT OF LOWER RANKING OFFICERS CALDERON vs. 16 (He shall appoint all other offices of the Govt whose appointments are not otherwise provided by law. TO CONFIRMATION BY COMMISSION ON APPOINTMENTS. Only those in the 1st Sentence (Heads of the Exec. Art 9-B Sec. 161 s. His wife Cecilia Naya sues for separation pay & incentive leave & alleges underpayment. 223 & also argues for required COA approval. 7653. ambassadors. SINGSON – “Banko Sentral appointment case” Gabriel Singson was appointed as Gov. 7 Sec. Commissioner Hermogenes Pobre appointed by Pres. 16 – such other officers that he (Pres. Labor Sec. only 1 person qualifies for said office. Congress stipulated APPOINTMENT. Dept. NLRC – “another NLRC appointment case” Fortunato Naya worked as maintenance man for U-Sing. It falls w/in the 2nd Sentence of Art. 7 Sec. hence said provision is NULL & VOID. As Jesus Tarrosa does not claim entitlement to the said office. History of the PRC reflects that filling up of such vacancies upon expiration of term are filled up by appointment. 7 Sec. he has no locus standi. CARALE – “COA approval of NLRC appointments case” RA No. of the Banko Sentral by FVR w/o confirmation by the COA as required by RA No. Senior Assoc. Commissioner Mariano Mendieta challenges such appointment – argues succession by operation of law citing PD No. 7 Sec. Only those in the 1st Sentence (Heads of the Exec. ambassadors. It attempts to amend by legislation the Constitution. Assoc. Hence. Dept. shall appoint the Chairman & other Commissioners of the NLRC SUBJ. Oath taking was suspended by Speaker Mitra. 16 of the Consti (those whom the President may be authorized to appoint by law) w/c does not require approval by the COA. U-Sing challenges jurisdiction of NLRC alleging that the appointment of Commissioners was not approved by the Commission on Appointments. TARROSA vs. expand the confirmation powers of the COA as provided in Art. U-Sing alleges indebtedness of Naya as well as contributions for sickness & death.

No. The Pres. That power is granted by EO No. There is no law authorizing add’l. Secretary reversed the decision in their favor w/o Corp’s right to reimbursement. 475 placed under DND. by EO No. As distinguished from ad interim appointments w/c would be subj. Rene Villa (DAR). to COA approval. of Agriculture & Natural Resources ruled in favor of the Corp. then later to the DOTC. w/c was released from froest zone & declared agri. & the Exec. of the said ex-officio members. Exec. Secretrary = Pres. COA – “DOLE ex-officio representatives case” Ernesto Bitonio was appointed Director IV of the Bureau of Labor Realtions of the DOLE. Secretary. vs. to the PEZA Board of Directors & received a per diem for every board meeting. History of PCG: under PD No. The ex-officio members appointed representatives who were paid honoraria. Navy. Petitioner likewise has no standing to sue. 97-038 disallowing such grants. 16 require approval of the COA. Avelino Cruz (DND). decision” Jose Magallanes was actual occupant of pastural land & ceded his rights to Lacson-Magallanes Co. Hence it falls under the 2nd Sentence & does not require COA approval. PAÑO – “Exec. The same likewise applies to mere reps. positions in the Coast Guard w/o approval of the Commission on Appointments. Jose Paño & 19 others filed their own sales applications as actual occupants & farmers but the Director of Lands & Sec. Under RA No. automatically as her alter ego in case of vacancy. ERMITA – “Acting Secretaries case” PGMA appointed acting-secretaries: Arthur Yap (DA). 16 of the Consti (xxx officers of the armed forces w/ rank of colonel or naval captain xxx) w/c requires approval by the COA. Drilon promoted 15 police officersto the rank of Chief Superintendent to Director in a permanent capacity but w/o approval of the COA. PCG was placed under DND. PIMENTEL vs. land. 6975. of Labor is not entitled to compensation therefrom. modify. compensation or creating a new office. Pursuant to RA No. cannot be compelled to appoint the Under Sec. allowances. Only appointees falling w/in the 1st Sentence of Art. hence said provisions extending the scope of appointing power of the COA are VOID. SORIANO III vs. His appearance in PEZA Board Meetings is solely by virtue of his capacity as rep. Econ. 7916 (Spec. & other benefits. of the DOLE & since the Sec. 292. by EO No. It is also violative of the Salary Standardization Law. Raul Gonzales (DOJ). palced under Phil. The Pres. no element of the police force shall be military. acting appointments made while Congress is in session do not require COA approval. Sec. the PNP is an entity entirely separate & distinct from the AFP. as well as Senior Superintendent & Deputy Director Gen. 347 created the NAC to process & revew amnesty applications. The Executive Secretary acts by authority of th Pres – hence his decisions are the decisions of the President. 7 Sec. It refers to military officers alone – the PCG is now under the Office of the President. Order No. to the 1st Sentence of Art. to receive per diems. Pursuant to CLU vs. Paño appealed to the Pres. It is no longer part of the Armed Forces – hence no longer subj. nor shall any position thereof be occupied by members of the AFP. & DILG as ex-officio members. shall appoint the PNP Chief from among the senior officers down to the rank of chief superintendent. It is error to claim standing as members of Congress bec. Joseph Durano (Tourism). LISTA – “Phil.MANALO vs. the COA is independent of Congress. Pursuant thereto. DND. It is composed of a Chair & 3 appointed members by the Pres. Mike Defensor (DENR) w/o approval by the Cmmission on Appointments. NAT’L AMNESTY COMMISSION vs. Florencio Abad (DECS). secretaries. confirm. subject to approval by the Commission on Appointments. 292. SISTOZA – “PNP appointments case” RA No. 6975 was enacted creating the DILG w/c provides that the Pres. through Proc. 7 Sec. NAC issued Admin. Darvin’s Digests . COA – “NAC ex-officio representatives case” FVR. or reverse the decisions of dept. Exec. the COA issued Notice of Disallowance pursuant to Senate Committee Report No. 2 allowing said reps. Alberto Romulo (DFA). vs. 601. he is likewise disallowed. POWER OF CONTROL LACSON-MAGALLANES CO. Zone Act) he was designated as DOLE Rep. but the COA issued Memo No. from the DOJ. 509 urging the COA to do so. and reps. He cannot be allowed to have an even better right than his principal. The PNP cannot fall under the classification of Armed Forces under the 1st Sentence bec. Ex-officio office is not another office but only that w/c the member holds by virtue of his title – hence no additional compensation is allowed. has the power to control & thus to go over. Coast Guard appointments case” PGMA appoints 8 persons to diff. BITONIO Jr.

withholding the grant of new licenses to operate overseas employment agencies except as he may otherwise direct. Arive acted properly in ordering the release of said shipments as the said Mgt. The Pres. Order was illegal for being violative of the contract of sale as well as the Pasig River Bodegas containing such articles were beyond his supervision much less control. has the power to alter. failure to effect adequate controls. CARPIO – “DOJ over NBI case” Agent III Francisco Estavillo & Head Agent Cesar de Leon of the NBI were terminated by Justice Sec. to the LGC – Sec. GM. When Justice Sec. Appealed to Pres. He does not belong to the classified service & was appointed by the Pres. Drilon declared null & void the Manila Revenue Code for failure to comply w/ procedural requirements accdg. circulation. The SC however. hence the CSC has no jurisdiction to hear & decide his case. The Labor Sec. modify. Hernandez. while still doubtful of its propriety. The power to remove is inherent in the power to appoint. pursuant to verbal order of Finance Sec. 332. modify. charged w/ malpractice resulting to losses. Natalio Castillo. not a law & may be effectively repealed by EO No. ordered the release of concentrates from the custom house as per request of Pepsi Cola Co. of the NAMARCO. LIM – “Manila Revenue Code case” DOJ Sec. who. The power of control of the Pres. through power of control. PASEI vs. & negligence in the performance of his duties. He appealed to the Pres. nullify. DRILON vs. the NBI Director is obliged to obey the directives of his superior. the power of supervision merely allows the superior officer to see to it that subordinates act in accordance with the law. 25 thereof encourages private sector involvement. investigated & found guilty (by Investigating Committee. Since Ang-Angco belongs to the classified service. to Pres. The Central Bank failed to act upon such request although the Import-Export Board expressed its approval. 450. he exercised the power to supervise only. enacted EO No. Carlos P. ZALDIVAR – “removal of unclassified service official case” Ruben Villaluz was Adminstrator of the Motor Vehicles Office. Investigating committee was created. Distinction: The power of control is the power to alter. Order No. Secretary. 9 implementing the same. & Board of Directors) for causing the improper release of shipments intended for the Fed. he must be removed only in accordance w/ civil service law and for just cause w/ due process. The admin. the decision of DOJ is reversed – but Sec. but was deemed resigned by Exec. or set aside the actions & decisions of subordinate officers & substitute his judgement. NAMARCO vs. during the time when he was vested w/ legislative power. & merely imposes a presidential review in the grant of licenses – it is hence. complaint filed against him was at the instance of the Chief Executive as his administrative head. Drilon did not attempt to substitute his decision or rule upon the wisdom of the tax ordinance. Ordoñez directed them to be reinstated. found that the procedural requirements have indeed been met such as through publication in newspapers of gen. Sec. through the Exec. set aside the said resolutions dismissing him from office & ordering him to be reinstated. Aquino. 1190. The said LOI was directed to the Labor Sec. As a subordinate. he simply found that it was illegal – hence. enacted LOI No. EO case” Pres. during the time when she has already lost her legislative powers. 187 of the LGC is constitutional. Magsaysay & upon the latter’s death. he was removed from office. DOJ Sec. Garcia. Order No. Sec. & by virtue of Admin. he functioned as an alter ego of the President – hence. Marcos. Pres. DE LEON vs.ANG-ANGCO vs. repealing the said LOI & lifting the said ban pursuant to the Labor Code. merely an administrative action. United NAMARCO Distributors against Management Order directing such deliveries to be stopped unless upon full payment. VILLALUZ vs. 450 in the exercise of the President’s power of control w/o the necessity of legislative action or delegation of power. They sought relief from & were sustained by the CSC w/c ordered their reinstatement. ARCA – “control over GOCC’s case” Juan Arive was Manager of Traffic Storage Dept. He was suspended by Customs Commissioner Manuel Manahan for grave neglect of duty as well as conduct prejudicial to the customs service. nullify. Sedfrey Ordoñez likewise ordered them reinstated – but NBI Chief Antonio Carpio refused. enacted Dept. CASTILLO – “removal of classified service official case” Collector of Customs Isidro Ang-Angco. Neptali Gonzales. does not include the power to just remove officers w/o complying w/ Civil Service Law. or set aside the actions & decisions of subordinate officers & substitute his judgement for the latter. Sec. 187 thereof provides that questions of constitutionality or legality of any tax ordinance may be appealed to the DOJ. No procedural infirmities were present in his investigation and disciplinary action. The RTC reversed the DOJ ruling & declared such Section unconstitutional. hence. Darvin’s Digests . GOCC’s partake of the nature of Gov’t bureaus or offices w/c are administratively supervised by & are responsible to the President. TORRES – “LOI vs. it is as if they are the oders of the President herself in the exercise of control power.

It is an independent agency. Upon recommendation of Pres. petition was dismissed. submission of annual reports and rendering of advice when sought. and that it may exercise such other powers as the Pres. is required for all contracts of the Nat’l Gov’t including its agencies & instrumentalities as well as the GOCC’s. Even if the PRA Charter grants certain exemptions from the Office of Compensation & Position Classification (under DBM) the PRA is still subject to the review of the DBM. has the power to overturn any award made by the SBMA Board of Directors as a valid exercise of his prerogative & control power. It was imbued w/ quasi-legislative & quasi-judicial powers appealable to the Court of Appeals not to the Office of the President. was denied. they cannot be cured by the transitory provisions of the Salary Standardization Act – w/c upolds compensation in excess of incumbents. w/c ordered the award of such allowances & benefits. amelioration allowance. w/c then appealed to the Office of the Pres. TORRES – “Invasion of the Sanggunian case” Gov. to the direct control & supervision of the Pres. kicking the chairs & the door & uttering belligerent remarks at the members apparently to coerce or threaten them to approve of his proposed loan of P 150 million from the PNB. however. Secretary to be unauthorized allowances & were ordered cancelled. BUNAG – “DMB supervises PRA” Jesusito Bunag (former deputy GM) & Erlinda Lozada (Incument Dept. The fact that the Pres. The DECS. plans & programs for the promotion of the rights of indigenous peoples. hence the case is remanded. rice subsidy. The power to discipline is inherent in the power of general supervision over the local gov’t units to ensure that the laws are faithfully executed. Barbers proceeded to Nueva Ecija to effect a compromise but the complaint & trial nevertheless proceeded. It is the function of the DBM to supervise & ensure that proposed compensation is consistent w/ the law. HUTCHINSON PORTS vs. issued Memo Nos. (HPPL) was the winning bidder among 3 qualified bidders (the others were ICTSI & RPSI) for the opportunity to develop & operate a modern marine terminal w/in the Subic Bay Freeport Zone.) received benefits such as Cost of Living Allowance. both of w/c may be delegated to the Cabinet as alter egos. Ltd. 23. there was lack of quorum. HPPL contends & sues for specific performance. The DECS is indisputably a part of the Exec. ZAMORA – “DECS / PSC case” Pres. CRUZ vs. Estrada issued EO No. Eduardo Joson of Nueva Ecija was suspended for barging into the Sanggunian Hall w/ his private army. There are still ways by w/c the President may exercise control over the NICP such as the requirement for his approval for contracting loans for financing its projects. may designate. the disciplining authority lies w/ the President through the Exec. children allowance. for already operating the Manila Int’l Conainer Port. SECRETARY OF ENVIRONMENT – “Indigenous People’s Rights Act” Said Act contained provisions for the grant of certain rights to such peoples over ancestral lands & domains among other rights & likewise creates the Nat’l Commission on Indigenous Peoples (NICP) w/c although under the Office of the President. ICTSI was disqualified due to conflict of interest. The SBMA (being a chartered organization) & its Board of Directors are always subj. Secretary Ruben Torres declared Joson preventively suspended. Order No. Found by Exec. while the investigating authority lies w/ the DILG. overturns grant of bid” Hutchinson Ports Phils. much like the NLRC or the SEC. The fact that it was the DILG that ordered Joson to file his answer (it must have been the Office of the Pres. representation & transpo allowance in addition to regular salary from the PRA (a GOCC). Under Admin. SBMA – “Pres. 620. RETIREMENT AUTHORITY vs.JOSON vs. FVR through the Exec. Secretary orders a re-evaluation of bids.) is not fatal to the case. Fortunately. The Pres. DILG Sec. Voting was deadlocked 7-7. Sec. It necessariy includes the power to investigate. 81 transferring the sports dev’t programs from the DECS to the PSC. exercises other functions independent from the absolute control thereof. As per LOI No. Since the said compensation was found to be unauthorized. Mgr. approval of the Pres. 01592 & 01594 re-assigining all Bureau of Physical Educ & School Sports (BPESS) to other divisions & bureaus of the DECS. Branch even if it is not part of the Darvin’s Digests . Legal Council Rene Cayetano. PHIL. found the complaint to be sufficient in form & substance to warrant suspension & due course to the case deserves respect – as exercise of control power & discretion. DOMINGO vs. It is not subj. His right to a formal investigation. w/c was then reversed upon further appeal to the Office of the Pres. to administrative review or revision. Bunag & Lozada appealed to the DBM w/c upheld the decision of the Exec. not a subordinate agency. additional COLA. Exec. It has been designated as the primary agency responsible for the formulation & implementation of policies. negotioation & acceptance of funds. Said members complained to the Office of the Pres. pursuant thereto. hence. Secretary. meal subsidy.

to transfer any function or agency of the DECS to the Office of the President – hence it is a valid exercise of delegated powers. to w/c the said employes object. the PNP absorbed the Constabulary – both laws authorize the PNP Chief to issue said guidelines. CHAVEZ vs. Dir. and where a right is violated. hence he is not covered by the said immunity. who then delegated the same to the Chief of the Constabulary. EO No. Orbos w/c stresses the power to determine the regional centers to ensure the efficiency & effectiveness of service. & cannot shield a non-sitting Pres. & revoke license to firearm possession to the Gov. & by virtue of RA No. PROPER by abolishing. Branch. immunity applies only during the incumbency of the Pres. while to Offices OUTSIDE the Office of the Pres. The Pres. a GOCC. or to the Constitution. mandamus can issue to compel the performance thereof. The rights vested thereupon are protected by law. w/c thus may be revoked by executive action in the exercise of the police power of the State. is the head of the entire Exec. from prosecution for acts done while in office. Marcos through his legislative powers govern the possession of firearms. is the last act necessary to complete the appointment & it is but ministerial on the part of the Sec. The signature of the Pres. enacted by Pres. Proper. Said constitutional amendement took effect on 1981. approve. 6734 likewise expressly allows the said re-organization as cited in Chongbian vs. the power is limited to transferring functions or agencies from the Office of the President to the Departments and vice versa. and he reuses or fails to perform such. Doctrine of qualified political agency applies – the power of the Pres. MADISON – A commission for William Marbury as justice of the peace for the County of Washington was signed by Pres. as opposed to a mere discretionary action. Darvin’s Digests . Israel Gaddi issued the assailed Memo directing the immediate transfer of the DENR Offices from Cotabato City to Koronadal. DENR REGION 12 EMPLOYEES – “Transfer of DENR office” DENR Region 12 Exec. RA No. Note: The felonious acts of officials are not acts of the State – hence they stand on equal footing w/ any other trespasser. brother-in-law of Ferdinand Marcos. Marcos. SANDIGANBAYAN – “Derivative immunity case” Alberto Romualdez. to re-organize the Nat’l Gov’t may be validly delegated to Cabinet members exercising control over their respective departments. to re-issuance. 6975. CONSTITUTIONAL LAW Judicial Branch of Government JUDICIAL POWER MARBURY vs. Hence. may re-organize the Office of the Pres. ROMULO – “License to Carry Firearms” PGMA verbally directed PNP Chief Edbane to suspend the issuance of Permits to Carry Firearms Outside of Residence (PTCFOR). of State to affix the seal & deliver the same to the appointee. ROMUALDEZ vs. DENR vs. it is up to her subordinates to implement them. It was not law enacted through mere speech. 292 (The Administratie Code of 1987) authorizes the Pres. Where an exec. consolidating. Although the Act vesting the SC power to issue mandamus can be considered to extend the powers granted by the Consti. petitioner derives his immunity from one no longer sitting in office. (NASCO). Romualdez invokes derivative immunity from suit as he was “naval aide-de-camp” of former Pres. John Adams. Gen. was charged before the Sandiganbayan for violating the Anti-Graft & Corrupt Practices Act for havig been directly/indirectly interested in the sale of Nat’l Steel & Shipyard Corp. merging. while his act was done 1975. History: Congress delegated the power to regulate. (BASECO) ownerd by Marcos. it is emphatically the province of the Judiciary to determine what the law is & to determine whether to rule upon a case conformably to the law. but it was never delivered to him. to the Bataan Shipyard & Engineering Co. & transferring functions from 1 unit to another. who responded by implementing the same & revoking previously issued licences to carry subj. 1866. so should there be a remedy – in this case mandamus. Note: The Pres. Exec. & her verbal order to Edbane was just an expresson of her policy to be carried out by her subordinate. official is directed by law to perform a certain act. Rendered moot by the enactment of RA 9155 officially transferring such functions. The privilege to carry firearms is neither a constitutional right nor a vested property right. PD No. Whatever policy she determines.Office of the Pres.

Judcial Function is the practice of determining what the law is & the rights of the parties w/ respect to a matter subj. NOBLEJAS vs. The SC is independent of the Exec. Gen. He went about preaching about perceived errors of law & of the courts & filed cases left & right against creditors. he sues & seeks the invalidation of the said rankings caliming bias among other grounds. Laureta sent letters to the SC alleging falsities & hurling several poignant insults for having dismissed her case though a minute resolution. vs. CO. – “SC as arbiter” Petitioner invokes the power granted by Act No. The SC possesses the power to preserve its integrity as well as that of the legal profession. The SC possesses the power to cite a person in contempt. Code. & circulated flyers & other effects containing derogatory statements against the Supreme Court & insisted upon his own interpretations of the laws. or remove him from office. He left for Taipei but returned almost 6 years later on a stop-over. The SC will engage only is judicial functions & will not assume any other duty not pertaining to the administration of justice. 1151 w/c grants his position the same compensation. was ranked 3rd Honor by the School Committee on the Rating of Students for Honors. Branch & Legislative Branch not only regarding the adjudication of cases but also w/ regard to all matters necessary for the administration of justice. Code as well in so far as procedural requirements are concerned.SANTIAGO Jr. BAUTISTA – “third honor only” Teodoro Santiago Jr. of justice. representing clients and performing other acts tantamount to the practice of law. IN RE: BORROMEO – “fake lawyer” Joaquin Borromeo is not a lawyer but has gained some legal knowledge & practiced law for 16 years. IN RE: WENCESLAO LAURETA – “we will bring the case to the other forum” Eva Maravilla & her counsel Atty. he was convinced by his friends to stay longer. Such interpretation would violate separation of powers & make many other Presidential appointees accountable only to the SC – such as the Sol. prosecutors. Swift or the operation of an electric railway. He was identified by the Immigrations investgator. TEEHANKEE – “SC power to discipline only w/in Judiciary” Antonio Noblejas was appointed as Commissioner of Land Registration & was investigated & suspended by Justice Sec. and recommitted to prison under the Revised Admin. It may be instituted even w/o the intervention of the prosecutor. uspend. Borromeo is cited for contempt of court. Represented by his parents. It does not include hearing & determining a matter not in the form of a suit or action. 1446 empowering the SC to act as arbitrator to subsequent franchses and rights of way to be granted under the franchise awarded to Charles M. emoluments & privileges as a judge of the CFI to justify his theory that only the SC may discipline. vs. of controversy. but was pardoned upon the condition that he is to leave the country never to return again. He likewise entered into loans with banks but failed to comply with his obliations & resorted to lawsuits to get his way around. judges. DIRECTOR OF PRISONS vs. He files for habeas corpus but was denied by the trial court. hence Laureta is found guilty of grave misconduct & is suspended from the practice of law. ANG CHO KIO – “he shouldn’t have come back” Ang Cho Kio was convicted of various offenses committed in the Phils. The SC is not contemplated under the Revised Admin. and such is necessary for the preservation of the integrity of the admin. while Maravilla is held in contempt & is fined accordingly. The school board did not exercise judicial functions & it is a rule that such rulings upon contests and other merits are final & unappelable & no rights vest until after a winner has been proclaimed by the body. RADIOWEALTH vs. lawyers. It is comparable to finality of referee’s verdict. AGREGADO – “purchase of radio equipment” the clerk of court certified the purchase of certain radio apparatus for the use of the SC but such was disapproved by the Chairman of the Property Requisition Committee as being purchased not inaccordance w/ EO No. MANILA ELEC. 302. Only recommendations expressly Darvin’s Digests . The petitioners likewise fied cases before the Tanodbayan & went to the media to air their allegations against the court. The CA likewise denied it but the decision contained a recommendation that the executive facilitate his departure instead. PASAY TRANSPORT CO. The SC can exercise judicial powers only & will abstain from exercising powers that partake of a non-judicial nature – such as the power to facilitate arbitration. The said statements cannot likewise fall w/in the ambit of free expression because they are malicious utterances & are intended to degrade & insult the authority of the Judiciary. Claudio Teehankee for approving subdivision plans in exces of te original titles. He invokes RA No. The only task of the CA was to determine the legality of the petitioner’s imprisonment.

The Ombudsman is granted wide latitude regarding prosecutory prerogatives in ites exercise to pass upon criminal complaints. UNITED STATES vs. w/c the majority of the court believe to be unconstitutioal. DOMINGO vs. Such suspension is an exercise of judicial power. The SC held that the courts possess the power to control the enforcement of their decisions even upon finality and that the the convict is still possessed of collateral rights. On the other hand the Electoral Commission fixed the deadline for the filing of election contests giving rise to conlflict as to whether or not the Elec. The SC held against Nixon for failure to justify his invocation of executive privilege. NIXON – “Watergate case” US Pres. the rights asserted by the Mrcoses as opposed to the exercise of executive power by the President for the preservation of national interest & security. contests. Others would constitute interference w/ the prerogatives of the Exec. The SC. Branch. exercising executive residual powers. however acquitted of his charges of physical injuries & his passport was subsequently re-issued to him. Darvin’s Digests . has the duty of ascertaining whether or not the Executive goes beyond the power vested by the Consti. Given the expanded jurisdiction of the SC. two constitutionally created bodies & held in favor of the Electoral Commission bec. Branch. SEC. The SC. however. in the face of the present controversy. A constitutional question arises wit regard to the admissibility of evidence as opposed to executive privilege invoked by the President. and it is upon the SC to exercise its duty to resolve the matter in accordance with the law & the Constitution. DESIERTO – “Bataan Nuclear Power Plant commissions” Ombudsman Aniano Desierto dismissed the criminal case against Herminio Disini regarding his alleged interest in the award of the Bataan Power Plant construction to the various constructing & consultancy companies for alleged lack of a prima facie case agaist him. Commission has the exclusive power to implement rules for arrying out its mandate to settle election contests. the SC may still inquire if it was exercised w/ grave abuse of discretion. SCHEER – “detained & deported w/o cause” Herbert Scheer is a German who was granted permanent resident status. MARCOS vs. He was. The German Embassy sent a nota verbale stating that Scheer is wanted in Germany & that a warrant for his arrest was already issued. Even thought the power to deport is vested in the Exec. it no longer cowers behind the political question doctrine save for certain undeniable situations such as recognition of states or the grant of pardons. There exists a conflict bet. detained. to the review of the SC if it is found that there is grave abuse of discretion. MANGLAPUS – “Marcos’ banned homecoming” Pres. Question arises as to whether or not it is withinthe powers of the president to bar the entry of the Marcoses & whether or not it was an exercise of grave abuse of discretion.allowed by law (Art. & deported. Richard Nixon was charged with conspiracy to defraud the United States & obstruction of justice. In this case it is apparent that there exists ample & sufficient evidence against Disini such as the Affidavits & Telexes indicating his agreements & compromises with the contractors. OF JUSTICE – “suspension of execution” Leo Echegaray was convicted for the rape of his own daughter & was sentenced to death. to rule otherwise would undermine its authority to be sole judge of elec. bars the re-entry of the Marcoses in the country. 5 RPC) may be allowed. it may be subj. Aquino. However. The new commissioner however. ECHEGARAY vs. Scheer was not even afforded due process such that his deportation was summary & he was not afforded the chance to be heard & to rebut the allegations against him.& the dismissal of his complaint is tainted w/ grave abuse of discretion. suspended the execution of his sentence based on the circumstance that there is a pending move in Congress to repeal the death penalty. ELECTORAL COMMISSION – “National Assembly vs Elec. The Board of Commissioners cancelled his visa & ordered him deported & put into the Bureau Blacklist. Only relevant opinions must be contained in the decision. such that suffices to constitute probable cause . JUSTICIABLE CONTROVERSY ANGARA vs. Commission” The National Assembly enacted a Resolution confirming the election of Jose Angara. The judiciary possesses the duty to delineate the constitutional boundaries bet. inquired & had him arrested anyway. PCGG vs. Actual controversy arises when at issue is the production or non-production of evidence deemed by the prosecution to be relevant to the particular case as opposed to the resistance of the Chief Executive.

The courts must be careful but vigilant in the exercise of judicial review. BOARD OF INVESTMENTS “Bataan Petro-Chem Plant” The DTI Board of Investments allows for the ttransfer of the Bataan Petro Chem. COMELEC – “free ad space” COMELEC enacts a Resolution requiring publishers to provide for free ad-space. It was assailed on the basis of the state principles & policies w/c the court held to be non-self executing. There is strong dissent in this case. as well as on the basis of an undue limitation upon the national sovereignty. It is pursuant to the respect due to a co-equal branch of government. Upon disapproval of petitioners. SINGSON – “party re-alignment affecting Com. He thus alleges that Mayor Binay might run and be re-elected in excess of the allowable consecutive terms among others. prohibition still cannot lie. His original wife finds out and his son instituted deportation proceedings. he lost his seat in the said Commission to Luis Singson of the LDP. No cogent avantage to the Gov’t can be deduced & it is contrary to the principle of promoting a relfreliant & independent economy. there is a law that provides for a precriptive period of 5 years for initiating said proceedings – the lapse thereof entitles Djumantan not to be deported anymore. Sec. where acts of the Senate are assailed on the ground that it contravenes the Consti. COMELEC – “Special Econ.DAZA vs. it is not ripe for adjudication. However. There is. Hence. follow. still a strong presumption of constitutionality as a law is the enactment of a co-equal branch of government. 8 thereof w/c prohibits reference to any candidate that may either favor or disfavor the same. was amended to make it voluntary. As a result of the reduction of the membership of their party to ony 17 members. DOMINGO – “Muslim wife” Djumantan entered the Phils as a mere friend of Bernard Bañez but was actually married to him. The SC cannot encroach upon the Congress to look into its internal proceedings for as long as no apparent consitutioal violations are committed. Although deportation power is lodged in the Executive. DE VENECIA – “parliamentary procedures” The Sin Taxes Law report of the Bicameral Conf. what is involved is the legality of the act of removing Daza from the Com. 7854 converted the Mun. TAÑADA vs. Econ. or forego compliance w/ its own rules w/o interference from the Judiciary. the court cannot look into the wisdom of the acts but merely to its legality to safeguard that they do not contravene the Constitution. Still. However. Plant to Batangas & the use of LPG as fuel or power source therefor w/c would be prejudicial to the economic interests of the country. on Appointments” Raul Daza was a representative of the Liberal Party to the Commission on Appointments. There is a justiciable controversy bec. ARROYO vs. The SC stepped in and ruled that the BOI committed grave abuse of dircretion in allowing the transfer. PHIL. ANGARA – “GATT-WTO” The Phils. GARCIA vs. since the resolution is still a proposal & has yet to be approved into law. Zone” Residents of the Morong Town of Olongapo oppose to withdraw the town’s consent to its cession into the Spec. The HR can enact. Zone. Committee was passed w/o voting upon the yeas & nays & allegedly in violation of the House Rules. of Makati into a highly urbanized city. local initiative shall cover only subj. It was assailed by the petitioners on the ground that it will have the city acquire a new corporate existence & thus disregards the terms preivoulsly served by the elective officials. DJUMANTAN vs. It is still premised on hypothetical questions. Question arises as to whether the HR acted w/ grave abuse of discretion in causing the rmoval of Daza therefrom & falls w/in the amit of the SC’s expanded jurisdiction. no doubt an justiciable case or controvery arises & it is the duty of the courts to settle the dispute. It is not ripe for adjudication in the absence of an actual case or controversy. Darvin’s Digests . however. There is. These are merely hypothetical & speculative issues w/c have not yet ripened into an actual case or controversy. hence the issue has become moot. COMELEC – “Makati City Law” RA No. on Appointments. Given the doubtful legality or utility of the said provision.s w/in the power of the Sanggunian to enact – w/c does not include undoing its inclusion therein as well as the incorporation of conditionalities proposed. of course. PRESS INSTITUTE vs. the said Res. the Judiciary may take cognizance thereof if it is said to be violative of certain laws regulating such exercise. Under the LGC. hence it cannot yet be adjudicated. it cannot be ruled upon in the absence of an actual case or controversy. SBMA vs. entered into the WTO w/c was concurred with by the Senate for the purpose of promoting globalization. The transcendental importance of the case is likewise considered. In this case. MARIANO vs.

As the claims were still pending. The mayor of the city as well as residents therein assail its validity. Darvin’s Digests . 150 of the Nat’l Internal Revenue Code (imposing 20% excise tax on jewelries & precious stones) inoperative based on a comparative study of tax rates of other countries & on the ground that it kills the local industry – hence they are confiscatory & oppressive. PASCASIO – “ping-pong” Florencio Rueda underwent surgery at the UST Hospital for removal of stone blocking the ureter. the applications are still pending – hence there is no government act to speak of & rule upon based on legality. It thus has far reaching implications towards citizens therein. filed applications for Cert. There is indeed a justiciable controversy as the conversion would affect the powers of the mayor & the political & economic rights of the LGU. The heirs of Apeng Carantes. delegating certain powers to the Exec. to the NBI and so the wife Leonila files a case for hominicide through reckless imprudence against the doctors. TATAD vs. are entirely inseparable fom the statute. SEC. The power of the trial courts to decide questions of constitutionality is affirmed. 92 of the Omnibus Elec Code w/c requires that the radio & TV stations give free time to the COMELEC. particularly that of succession of authority. in order to settle the matter and legality of her assumption & thus presents a justiciable controversy of the most paramount nature – such that the SC must resolve as a matter of duty. SANTOS – “RTC declares law unconstitutional” The RTC declared Sec. her case was raffled and re-raffled and was tossed from one prosecuting officer to another until she decided to file graft charges against said prosecutors before the Ombudsman. A justiciable controversy has undoubtedly arisen as GMA alleges that the said law violates its rights against deprivation of property w/o just compensation & that it has sustained millions of pesos in damages resulting therefrom. 25 (creating a task force for the processing of such claims) likewise files claims upon lands overlapping upon the lands of the petitioner. DESIERTO – “impeachment case” question arises as to the constitutionality of the assumption to the presidency of PGMA during the EDSA Dos revolution. Such is an encroachment upon the legislative prerogatives and is an assault upon the wisdom and not the legality of the said law. The SC ruled that the franchise. petitioner brought the matter to the court to declare as null & void the said issuances authorizing the same for lack of legislative authority & to enjoin the DENR from processing the claims of the heirs of Carantes. GARCIA-RUEDA vs. The SC will not interfere w/ the decision of the Ombudsman who is granted discretion regarding the prosecution of the offenders. but no rights have yet vested & are to be settled. CUTARAN vs. 104 of the Tariff & Customs Code (imposing 3-10% duty on natural & cultured pearls & precious stones) as well as Sec.CIR vs. 8258 was passed by Congress downgrading the City of Santiago from independent component city to a mere component city w/o a plebiscite. AGUIRRE – “downgrade of city / plebiscite” RA No. either as taxpayers. citizens. MIRANDA vs. inventory. TELEBAP has no standing to sue. COMELEC – “free air time” Petitioners Telecom & Broadcast Attys of the Phils & GMA Network assail the validity of Sec. on the basis of Special Order No. The implications of the said law was to tolerate a local oligopoly of the major oil distributors. The petitioners merely speculate that the DENR might grant such claims. being a mere privilege. may be burdened by certain conditions for the promotion of the public interest – such as the granting of free air time to the COMELEC. When the constitutionality of a statute is put to question. DENR – “application still pending…” Petitioner Patricio Cutaran et al. finds no probabe cause. It involves interpretation of the constituton. Certain provisions have been assailed – and subsequently declared as – unconstitutional such as provisions on tariff differential. There is no justiciable controversy bec. The law is declared unconstitutional. TELEBAP vs. but it does not extend to questions of legislative policy. OF ENERGY – “Oil Deregulation Law” Said law was passed causing the downstream deregulation of the oil industry. It is the duty of the SC to determine if the law transcends the constitution. Branch for the implementation of the said law and providing standards for the implementation thereof. a justiciable controversy arises especially given the fact that the said law has national interest concerns and could affect the entire nation. however. It is thus not yet ripe for adjudication. The Ombudsman. The proper remedy would be to bring the appeal before the DOJ who may reverse or modify the decision of the Ombudsman in the exercise of executive control powers. He dies as a result of the malpractice of the doctors accdg. or registered voters but GMA has standing. of Ancestral Land Claim for the lands they occupy w/in Camp John Hay. and predatory pricing w/c despite the Separability Clause. Unfortuantely. ESTRADA vs. The SC held that a plebiscite indeed is required by the constitution as it invoves material changes in the politico-economic conditions of the LGU.

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