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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Given the expanded jurisdiction of the SC. exercising executive residual powers. inquired & had him arrested anyway. contests. 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. SCHEER – “detained & deported w/o cause” Herbert Scheer is a German who was granted permanent resident status. Darvin’s Digests .& the dismissal of his complaint is tainted w/ grave abuse of discretion. 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. the rights asserted by the Mrcoses as opposed to the exercise of executive power by the President for the preservation of national interest & security. it may be subj. ELECTORAL COMMISSION – “National Assembly vs Elec. w/c the majority of the court believe to be unconstitutioal. to rule otherwise would undermine its authority to be sole judge of elec. 5 RPC) may be allowed. the SC may still inquire if it was exercised w/ grave abuse of discretion. On the other hand the Electoral Commission fixed the deadline for the filing of election contests giving rise to conlflict as to whether or not the Elec. The judiciary possesses the duty to delineate the constitutional boundaries bet.allowed by law (Art. NIXON – “Watergate case” US Pres. SEC. The new commissioner however. detained. 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. DOMINGO vs. 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. The SC. two constitutionally created bodies & held in favor of the Electoral Commission bec. however acquitted of his charges of physical injuries & his passport was subsequently re-issued to him. He was. The Ombudsman is granted wide latitude regarding prosecutory prerogatives in ites exercise to pass upon criminal complaints. Others would constitute interference w/ the prerogatives of the Exec. UNITED STATES vs. ECHEGARAY vs. Aquino. The Board of Commissioners cancelled his visa & ordered him deported & put into the Bureau Blacklist. suspended the execution of his sentence based on the circumstance that there is a pending move in Congress to repeal the death penalty. 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. Richard Nixon was charged with conspiracy to defraud the United States & obstruction of justice. 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. Commission” The National Assembly enacted a Resolution confirming the election of Jose Angara. A constitutional question arises wit regard to the admissibility of evidence as opposed to executive privilege invoked by the President. PCGG vs. bars the re-entry of the Marcoses in the country. Even thought the power to deport is vested in the Exec. MARCOS vs. The German Embassy sent a nota verbale stating that Scheer is wanted in Germany & that a warrant for his arrest was already issued. Branch. in the face of the present controversy. The SC held against Nixon for failure to justify his invocation of executive privilege. Commission has the exclusive power to implement rules for arrying out its mandate to settle election contests. OF JUSTICE – “suspension of execution” Leo Echegaray was convicted for the rape of his own daughter & was sentenced to death. however. Branch. Such suspension is an exercise of judicial power. Only relevant opinions must be contained in the decision. 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. such that suffices to constitute probable cause . to the review of the SC if it is found that there is grave abuse of discretion. and it is upon the SC to exercise its duty to resolve the matter in accordance with the law & the Constitution. has the duty of ascertaining whether or not the Executive goes beyond the power vested by the Consti. MANGLAPUS – “Marcos’ banned homecoming” Pres. However. & deported. There exists a conflict bet. JUSTICIABLE CONTROVERSY ANGARA vs.

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

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