You are on page 1of 25

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

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

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

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

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

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

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

the President is empowered to execute debt-payment automatically w/o further appropriation. Sec. RA No.) is frowned upon. Assessed for tax delinquency by Local Treasurer w/c sought public auction of land & improvements. E-VAT law is VALID. Gov. of the Phils. Remedy for the payment of tax delinquency is through Civil Action. to Gov’t. GUINGONA Jr. the Sec. cannot be auctioned bec. as well as the 5% final withholding tax.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. Such laws survive Marcos. Although the E-VAT is more regressive than progressive.6 Billion to debt service. ERMITA – “E-VAT case” imposition of an indirect tax on consumption of goods/services. to the tax. by virtue of PD No. However leased properties are NOT exempt . Gov’t enters into contract w/ PNOC-EDC for operation in the MAGRA (Mt. Under Local Gov’t Code. 240 grants specific legal authority to the Sec. vs. The Consti further allows President to contract/guarantee foreign loans w/c include bonds. not self-executing. w/c has the force of law. only P 27 Billion to Educ. Absolute universal application is not required. subj. Consti. Tax exemption in contract cannot be given effect bec. DOE does not have power to exempt. There is no substantial distinction between loan and bonds. 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. agencies may not transcend the law in implementation. they are not used EXCLUSIVELY for the exempted purposes. to Educ. 920 appropriated funds for public roads. 1442 allowed the gov’t to enter into service contract for the exploration/utilization of geothermal resources. Nothing in the said provision allows the gov’t to do away w/ public bidding requirement. PASCUAL vs. they are not the property subj. Consti: No money may be paid from the Treasury except in accordance w/ an appropriation made by law. Darvin’s Digests . unless beneficial use is granted to a taxable person – PNOC-EDC (the beneficial user) is a taxable person. Appropriations Act of 1990 allocated P 86. w/c allows gov’t to enter into service contracts through public bidding or negotiated contract. or those w/ high ratio of input tax – is not violative of equal protection. Although the power to tax & to spend lies w/ Congress. Apo Geo. the land is public land & cannot be auctioned as well. Jose Zulueta owned Antonio Subd. by virtue of PD No. but does not prohibit the latter. SPOUSES CONSTANTINO vs. PARTIALLY GRANTED. SECRETARY OF PUBLIC WORKS – “Build roads on my private subdivision case” Sen. of Public Works from enforcing. The E-VAT is likewise equitable as the basic agricultural food & marine products in their grassroots state are not subject to the tax. 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. Wenceslao Pascual of Rizal objected & sought to enjoin Sec. Comprehensive Financing Prog. Petition GRANTED. provision on highest budgetary alloc. of Finance for the buy-back loans. Lanting challenges. Reservation Area) w/ resulted to the construction of a 104-megawatt power plant. Admin. 28 (3) of the Consti provides for REAL property tax exemption only. to the condition that they will be used as roads in effect increasing their value. MANILA INT’L AIRPORT AUTHORITY vs. Furthermore RA No. merely equal application among equally situated entities. Petition PARTIALLY GRANTED. tax exemptions granted to real property owned by the Rep. the Consti only establishes a preference for progressive rather than regressive taxation. CITY OF KIDAPAWAN – “MAGRA case” PD No. The limitation of creditable input taxes on certain entities – such as those frequently transacting w/ gov’t. Assailed on the basis of uniformity & equitableness (equal protection). Improvements. CARAGUE – “Auto Debt-Service case” Gen. 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. however. repeal by implication (by virtue of Consti. 81 & other pertinent laws providing for auto-allocation to debt service.charter does not expressly provide so. 68 of the GAA of 1995. ABAKADA GURO PARTYLIST vs. claimed that he will donate parcels of his subd. REPUBLIC vs. Also violates prohibition against direct/indirect interest of legislators in any grant/contract of the gov’t. MIAA invokes Sec. only Congress has the power. It must be established w/ clear & persuasive evidence in order to overcome the presumption of validity. 1177. Incidental interest to the public will not justify such use of public money for private interests. of Finance & Debt-Negotating Chairman enter into the debtrelief agreements w/c include buy-back of loans (re-purchase of loans w/ discount). CUISIA – “debt-relief agreements case” Pursuant to the Phil. No tax exemptions granted by Charter. Petition DENIED. Certiorari & Prohibition DISMISSED.

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

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

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

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

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

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

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

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

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

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

Secretary Ruben Torres declared Joson preventively suspended. plans & programs for the promotion of the rights of indigenous peoples. Sec. has the power to overturn any award made by the SBMA Board of Directors as a valid exercise of his prerogative & control power. Upon recommendation of Pres. approval of the Pres. It was imbued w/ quasi-legislative & quasi-judicial powers appealable to the Court of Appeals not to the Office of the President. Secretary orders a re-evaluation of bids. Bunag & Lozada appealed to the DBM w/c upheld the decision of the Exec.JOSON vs. DILG Sec. The SBMA (being a chartered organization) & its Board of Directors are always subj. It necessariy includes the power to investigate. hence the case is remanded. they cannot be cured by the transitory provisions of the Salary Standardization Act – w/c upolds compensation in excess of incumbents. however. while the investigating authority lies w/ the DILG. both of w/c may be delegated to the Cabinet as alter egos. 23. HPPL contends & sues for specific performance. representation & transpo allowance in addition to regular salary from the PRA (a GOCC). 01592 & 01594 re-assigining all Bureau of Physical Educ & School Sports (BPESS) to other divisions & bureaus of the DECS. issued Memo Nos. HUTCHINSON PORTS vs. Branch even if it is not part of the Darvin’s Digests . rice subsidy. Since the said compensation was found to be unauthorized. His right to a formal investigation. Secretary to be unauthorized allowances & were ordered cancelled. submission of annual reports and rendering of advice when sought. Estrada issued EO No. w/c ordered the award of such allowances & benefits. Ltd. 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. CRUZ vs. SBMA – “Pres. Fortunately. PHIL. to administrative review or revision. The DECS is indisputably a part of the Exec. (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. is required for all contracts of the Nat’l Gov’t including its agencies & instrumentalities as well as the GOCC’s. Secretary. RETIREMENT AUTHORITY vs. 620. was denied. exercises other functions independent from the absolute control thereof. It has been designated as the primary agency responsible for the formulation & implementation of policies. to the direct control & supervision of the Pres. BUNAG – “DMB supervises PRA” Jesusito Bunag (former deputy GM) & Erlinda Lozada (Incument Dept. 81 transferring the sports dev’t programs from the DECS to the PSC. 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. not a subordinate agency. It is an independent agency. overturns grant of bid” Hutchinson Ports Phils. Mgr. w/c then appealed to the Office of the Pres. DOMINGO vs. ICTSI was disqualified due to conflict of interest. and that it may exercise such other powers as the Pres. 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. for already operating the Manila Int’l Conainer Port. the disciplining authority lies w/ the President through the Exec. 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. The fact that the Pres. Legal Council Rene Cayetano. may designate. much like the NLRC or the SEC. Said members complained to the Office of the Pres. It is the function of the DBM to supervise & ensure that proposed compensation is consistent w/ the law.) received benefits such as Cost of Living Allowance. amelioration allowance. there was lack of quorum. Exec. TORRES – “Invasion of the Sanggunian case” Gov. As per LOI No. ZAMORA – “DECS / PSC case” Pres. pursuant thereto. Under Admin.) is not fatal to the case. Eduardo Joson of Nueva Ecija was suspended for barging into the Sanggunian Hall w/ his private army. Barbers proceeded to Nueva Ecija to effect a compromise but the complaint & trial nevertheless proceeded. meal subsidy. petition was dismissed. 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. Order No. hence. additional COLA. children allowance. Voting was deadlocked 7-7. The Pres. 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. negotioation & acceptance of funds. w/c was then reversed upon further appeal to the Office of the Pres. The DECS. The fact that it was the DILG that ordered Joson to file his answer (it must have been the Office of the Pres. It is not subj. FVR through the Exec. Found by Exec.

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

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

ELECTORAL COMMISSION – “National Assembly vs Elec. & deported. Commission has the exclusive power to implement rules for arrying out its mandate to settle election contests. 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. such that suffices to constitute probable cause . Branch. The Ombudsman is granted wide latitude regarding prosecutory prerogatives in ites exercise to pass upon criminal complaints. w/c the majority of the court believe to be unconstitutioal. has the duty of ascertaining whether or not the Executive goes beyond the power vested by the Consti. 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. He was. UNITED STATES vs. to rule otherwise would undermine its authority to be sole judge of elec. The Board of Commissioners cancelled his visa & ordered him deported & put into the Bureau Blacklist. exercising executive residual powers. the rights asserted by the Mrcoses as opposed to the exercise of executive power by the President for the preservation of national interest & security. PCGG vs.allowed by law (Art. The SC. detained. Darvin’s Digests . The SC. 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. two constitutionally created bodies & held in favor of the Electoral Commission bec. Richard Nixon was charged with conspiracy to defraud the United States & obstruction of justice. suspended the execution of his sentence based on the circumstance that there is a pending move in Congress to repeal the death penalty. MARCOS vs. Commission” The National Assembly enacted a Resolution confirming the election of Jose Angara. JUSTICIABLE CONTROVERSY ANGARA vs.& the dismissal of his complaint is tainted w/ grave abuse of discretion. There exists a conflict bet. contests. inquired & had him arrested anyway. A constitutional question arises wit regard to the admissibility of evidence as opposed to executive privilege invoked by the President. Only relevant opinions must be contained in the decision. 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. However. Branch. 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. it no longer cowers behind the political question doctrine save for certain undeniable situations such as recognition of states or the grant of pardons. SCHEER – “detained & deported w/o cause” Herbert Scheer is a German who was granted permanent resident status. Such suspension is an exercise of judicial power. 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. however. The new commissioner however. and it is upon the SC to exercise its duty to resolve the matter in accordance with the law & the Constitution. SEC. ECHEGARAY vs. MANGLAPUS – “Marcos’ banned homecoming” Pres. it may be subj. Given the expanded jurisdiction of the SC. OF JUSTICE – “suspension of execution” Leo Echegaray was convicted for the rape of his own daughter & was sentenced to death. DOMINGO vs. Even thought the power to deport is vested in the Exec. 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. bars the re-entry of the Marcoses in the country. The judiciary possesses the duty to delineate the constitutional boundaries bet. Aquino. to the review of the SC if it is found that there is grave abuse of discretion. in the face of the present controversy. the SC may still inquire if it was exercised w/ grave abuse of discretion. The German Embassy sent a nota verbale stating that Scheer is wanted in Germany & that a warrant for his arrest was already issued. The SC held against Nixon for failure to justify his invocation of executive privilege. Others would constitute interference w/ the prerogatives of the Exec. NIXON – “Watergate case” US Pres. however acquitted of his charges of physical injuries & his passport was subsequently re-issued to him. 5 RPC) may be allowed.

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

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