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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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