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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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