- Section 9 provides: Statutory Construction, defined. * “the proceeds of any increase in participation granted - Art the planters under this Act and above their present share shall - Legislative intent be divided between the planter and his laborer of the - in enacting a statute plantation” - and applying it to a certain set of facts - Issues: - the art or process of discovering and expounding the * What is the meaning of “in the absence of written milling meaning and intention of the authors of the law, where that agreements”? intention is rendered doubtful by reason of the ambiguity in * Does RA809 apply even if there is a written milling is language or the fact that given case is not explicitly agreement different from the sharing proportion provided by provided for in the law. it? * Does the phrase “ any increase in participation granted Scope of construction. under this Act” exclude written agreement? - Intention is doubtful - Ambiguity in language - Held: - Ambiguity is thus a condition precedent to statutory * RA 809 applies with or without written milling agreements construction between the planter and the miller, even if its literal interpretation says otherwise. Remedy for courts in case of ambiguity. - Construe statute Legislative intent in enacting RA 809. - give it meaning - In the 1950s, planters staged a strike and threatened not to - in accord with legislative intent plant sugar cane unless they were given bigger share in the - we construe only when there is ambiguity. sugar industry and sugar quota commitment. - To remedy the problem, Congress enacted RA 809 to force Purpose of construction. planters to plant, centrals to mill and even allowing the - ascertain government to take over planting and milling. - give it meaning - The evil sought to be avoided by Congress is the - in accord with legislative intent exploitation of laborers or “sacada” in terms of wages and -in the interpretation of all laws, it is to ascertain, give effect benefits. to, the intent of the law -determine legislative intent, what intention is conveyed, Legislative purpose in enacting RA 809. either expressly or impliedly, by the language used - To compel continuous sugar production and grant laborer’s share in the increased planters’ participation in the sugar Construction, distinguished from interpretation. produce. - Interpretation - meaning of words; finding the true meaning and sense of any form of words. Legislative meaning in enacting RA 809. - Construction- reads between the lines; drawing warranted - Although not clearly disclosed in the language of the Act, it conclusions not always included in direct expressions, or however indicates that the laborers should receive their share determining the application of words to facts in litigation. for as long as sugar is produced and planters receive increased participation. Legislative intent, defined. - Thus, to literally interpret these phrases is to defeat - History of enactment legislative intent and purpose, which is to grant laborers fair - evil sought to be prevented or cured share in sugar produce. - essence of the law - no need to collect the subjective wishes of each member Legal hermeneutics, defined. - but the objective footprints left in the trail of legislative - Branch of science establishes principles and rules of enactment statutory construction - Exergesis- application -where a statute is susceptible of more than one construction, that construction should be adopted which will most tend to Different kinds of interpretation. give effect to the manifest intent of the legislature. * Close - literal * Extensive - liberal Legislative purpose, defined. * Extravagant - departs from true meaning - Reason why the law was passed * Free or unrestricted - based on general principles of interpretation in good faith Intent, distinguished from purpose * Limited or restricted - influenced by other principles - Combined application of purpose and meaning is * Predestined - biased legislative intent - Example: a statute prohibits operation of a motor vehicle in Who construe law. a public highway while the driver is intoxicated - Judiciary - Does motor vehicle include motorcycle? - Does intoxication include influence of narcotics? Limitations on power to construe. - Judicial legislation - when a court, under the guise of Legislative meaning, defined. interpretation, modifies, amends, remodels or rewrites a - What the law means, by its language statute - It comprehends, covers or embrace, limits or confines. - Illustrative case: Canet v Decena, G.R. No. 155344, Illustrative case: Federation of Free Farmers vs CA, G.R. January 20, 2004. No. 41161, September 10, 1981 - Sec.1 or RA 809, Sugar Act of 1952 provides: - Facts: * “In the absence of written milling agreements * A businessman applied for permit to operate and maintain between the majority of planters and the millers of sugarcane a cockpit. But the mayor refused because there is no in any milling district in the Philippines xxx shall be divided ordinance empowering her to do so. it is presumed that the lawmaking body intended right and Contention of the businessman: justice to prevail. - He invokes a resolution authorizing him to operate a cockpit and a municipal tax ordinance providing for issuance - Section 4, Labor Code: of a mayor’s permit to operate business. All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and Contention of the mayor: regulations, shall be resolved in favor of labor. - The mayor refused. Under the Local Government Code of 1991, the authority to give licenses for the establishment, maintenance and operation of cockpits pertains to the II. SUBJECTS TO CONSTRUCTION Sanggunian. Subjects of Construction - Issue: o Statutes * Can the municipal mayor be compelled to issue business o Constitution permit in the absence of ordinance empowering her to do so? o Ordinances - Held: o Resolutions * No. While there is a resolution allowing her to operate a o Executive Orders cockpit, there is no ordinance giving her similar authority. o Department Circulars * The municipal tax ordinance contains general provisions Constitution, defined. for issuance of business permits but it is short on specifics o Fundamental law of the land prescribing reasonable fees for cockpit operation. o Body of rules and maxims * The ordinance providing these specifics was withdrawn by the Sanggunian. o Where powers of sovereignty are * Otherwise, to compel the mayor to issue permit not only habitually exercised violates Section 447 of the Local Government Code but also Philippine Constitution, defined. enroaches on the mayor’s administrative prerogatives. o Written instrument * Since cockpit operation was not enumerated in the o Fundamental powers of the government ordinance, it is excluded. are established, limited and defined. * The legislature would not have enumerated those covered if it did not intend to limit. o By which these powers are distributed * Express mention of one thing, person, act or consequence among several departments excludes the others. Expressio unius est exlusio alterius. o For their save and useful exercise o For the benefit of the body politic What is expressed puts an ends to what is implied. Nature of Constitution - Expressium facit cessare tacitum. o Recognized and declared inherent rights - An omission at the time of enactment, whether careless or and prerogatives of a free people calculated, cannot be judicially supplied even if wisdom recommends it. o Sets up framework of government - If there is a legislative gap caused by omission, the machinery judiciary cannot fill the gap. Otherwise, it results in judicial Constitution, distinguished from statute legislation. o Constitution – general principles and foundation of government Question of legislative wisdom. o Statute – more detailed - Courts cannot pass upon questions of wisdom, justice or expediency of legislation. o Constitution – relatively permanent in - For as long as laws do not violate constitution, the courts character are limited to interpret and apply them, whether or not they o Statute – tentative are wise or salutary. Common parts of the Constitution. o Constitution of Liberty – bill of rights When does a court construe a law. o Constitution of government – framework - Existence of case before it - Actual case or controversy of government - Ambiguity o Constitution of sovereignty – procedure for amending the constitution Executive construction of statutes Kinds of Constitution - Persuasive but not binding upon the courts. o Written – embodied in a single formal document Construction of a partly void statute. - Valid portion may stand and be enforced if: o Unwritten – not reduced in writing and Separable. not formally embodied in a single Independent. document Sufficient to make a complete, intelligible and o Cumulative – product of evolution and valid statute which carries out the legislative intent. growth of customs, common law, judicial decisions and the like Effects of rules of construction upon the courts. o Conventional – product of constitutional - Not mandatory - Unless expressly provided by statutes. convention or royal proclamation - But judicial decisions interpreting laws form part of our o Flexible – amended anytime through legal system. ordinary legislative proceedings o Rigid – amended only through Unless expressly provided by statutes. proceedings different from ordinary Examples: legislation - Art. 10, Civil Code: In case of doubt in the interpretation or application of laws, o Philippine Constitution – Written, of the Value Added Tax (VAT) system and Conventional, Rigid enhance its administration by amending Statute, defined. the National Internal Revenue Code o Written will of the legislature (NIRC) o Public will and people’s mandate o These were referred to the House and expressed through their representatives Ways Committee which consolidated a bill and recommended its approval. An act of legislature as an organized body, o After approval, it went to the Senate and expressed in the form, and passed according to the referred to its Committee on Ways and… procedure, required to constitute it as part of the o The Senate approved after its Committee law of the land. recommended it. Is the power to legislate exclusive to Congress? o The House bill and the Senate version No. were then referred to the Conference o Presidential Decrees Committee which recommended that the o Executive Orders House bill, in consolidation with the Statute, distinguished from statute law. Senate bill, be approved in accordance o Statute law is broader, as it includes not with the attached copy of the bill as only the statute, but also judicial reconciled and approved by the conferees interpretation and application of such o The Conference Committee bill was then statutes. approved by the House and the Senate o Used interchangeably. Contention of Tolentino & other petitioners: Statutes, classified. o Congress violated the Constitution o Public – affects public at large although the E-VAT law originated from o Private – applies only to specific person the lower house, it was not passed by the Public statute, classified. Senate. o General law – applies to whole state upon o Instead, it was simply consolidated with all the people or all of the class the Senate version in the Conference o Special law – relates to particular persons Committee in violation of Article VI, or things of a class, community, individual Section 24: or thing o All appropriation, revenue or tariff bills, o Local law – applies to specific locality. bills of local application, and private bills shall originate exclusively in the House of Legislative power, defined. Representatives, but the Senate may o Power to make, alter and repeal laws. propose or concur with amendments. Scope of legislative power. o Thus, petitioners argue that it did not o Embraces all subjects originate exclusively in the lower house o Extends to matters of general concern or because it merely consolidated 2 distinct common interest. bills from the lower and upper houses. o Unless limited by the Constitution o This violates the clear mandate of Constitutional basis for legislative power of “originate” which was even qualified by Congress the word “exclusively”. o Sec. 1, Art. VI, 1987 Constitution. The Held: legislative power shall be vested in the o It is not the law, but the revenue bill, Congress of the Philippines which shall which is required by the Constitution to consist of a Senate and a House of originate exclusively in the House of Representatives, except to the extent Representatives. reserved to the people by the provision on o To insist that the revenue statute must be initiative and referendum. substantially the same as the house bill Bill, defined. would be to deny the Senate’s power not o Proposed legislative measure only to “concur with amendments” but also o Introduced by member/s of Congress to “propose amendments” o For enactment into law o For indeed, what the Constitution simply o Signed by the author’s means is that the initiative for filing o Filed with the House Secretary revenue bill must come from the House of Origin of Bill Representatives o It may originate from either House. o This is based on the theory that since they o Except: are elected by their districts, they are o Appropriation, revenue or tariff bills expected to be more sensitive to the locals. o Bills authorizing increase of public debt o On the other hand, senators, who are o Bill of local application and private bills. elected at large, are expected to approach Illustrative case: Tolentino v Secretary of similar problem from a national Finance, 235 SCRA 630 (1994) perspective. Facts: o Both views influence legislation o Several bill were introduced in the House o The Constitution does not prohibit the of Representatives to expand the tax base filing in the Senate of a substitute bill in anticipation of its receipt of the bill from o But the factual basis of the presidential the lower house. certification of bills may not be subject to o For as long as the Senate did not act on its judicial review. substitute bill prior to the receipt of the bill o It merely dispenses with procedural from the lower house. requirements designed to insure that bills o Thus, while it is true that a revenue bill are duly considered by member. must originate exclusively in the House o If there are irregularities, for example in so of Representatives, the Senate can far as the international procedure of propose amendments that re-writes the Congress concerned, it does not affect the entire bill or substitute it with an constitutionality of a bill. And the Supreme entirely separate and distinct bill. Court has nothing to do with it. It is How a bill becomes a law. beyond the business of Supreme Court if Filing – with the House Secretary whether or not internal procedure was Secretary reports the bill for First Reading. followed. What the Supreme Court is First reading – the reading of the number and title concerned is whether or not that particular of the bill bill or particular law offends the Composition of the Committee: Constitution. o Experts in the subjects under their Illustrative case: Tolentino vs Secretary of jurisdiction Finance, 235 SCRA 630 (1994) What happens in the Committee stage. o Facts: o It may hold public hearings on the o The Senate approved its version of the proposed measure. E-VAT bill during the second and third o Bill comes under the sharpest scrutiny. reading on the same day, after the o Committee may approve or reject the bill, President certified it at urgent. with or without amendments, re-write the o Contention of petitioners: bill entirely, report it favorably or without o The certification of the bill is invalid recommendation because there was no emergency. o Committee reports and recommend for o The justification of “growing budget calendar for second reading. deficit” is not an unusual condition in this Second reading. country. o The bill is read in full with the o You cannot go against presidential amendments proposed by the Committee, prerogative. You cannot modify the if any. decision of the president. o Unless copies were distributed before and o Held: such reading is dispensed with. o The presidential certification dispenses not o The bill will be subjected to debates, only printing and distribution of the copy motions and amendments. of the bill but also the reading on separate o After the amendments have been acted days. upon, the bill will be voted for second o T he phrase “except when the President reading. certifies to the necessity of its immediate enactment xxx” qualifies the 2 stated Third reading conditions before a bill becomes a law. o Final vote for yeas and nays shall be taken o The “unless” clause must be read in and entered in the Journal. relation to the “except” clause because Constitutional requirements for the bill to pass. they are coordinate clauses of the same Article VI, Section 26(2): sentence. o No bill passed by either House shall o To construe “except” clause as simply become a law unless it has passed three dispensing the printing and distribution not readings on separate days, and printed only offends grammar but also negates the copies thereof in its final form have been very premise of the “except” clause. distributed to its Members three days o The factual basis of presidential before its passage, except when the certification of bills is not subject to President certifies to the necessity of it judicial review pursuant to the principle immediate enactment to meet a public of separation of powers as it merely calamity or emergency. Upon the last involves doing away with procedural reading of a bill, no amendment thereto requirements. shall be allowed, and the vote thereon shall o A law may not be declared be taken immediately thereafter, and the unconstitutional when what is violated in yeas and nays entered in the Journal. its passage are mere internal rules of o It has passed 3 readings on separate days. procedure. o Printed copies in final form distributed to o Unlike the sufficiency of the factual basis its members 3 days before its passage. of the suspension of the privilege of the o Except: when the President certifies it as writ of habeas corpus which threaten urgent to meet public calamity or individual rights hence subject to judicial emergency. review. What happens if a bill is approved on third does not apply to Conference Committee reading by one House? Reports. o Transmitted to the other House for o An enrolled copy of the bill is conclusive concurrence, following substantially the not only of its provisions but also of its same route. due enactment. o If the other House approves the bill o Once the Senate President and Speaker 3 without amendment, it is passed by Is the Doctrine of enrolled bill absolute? Congress and transmitted to the President o No. In one case, the Senate President for approval. admitted to a mistake and withdrew his o If the other house amends and the House of signature. origin disagrees, the differences wil be o Thus, the Supreme Court went behind the settled by the Conference Committees of enrolled bill and consulted the Journal to both Houses. determine whether certain provisions of o The reports of both Committees are the statute had been approved by the approved by both Houses. Senate. Conference Committee. o There was no longer any enrolled bill to o It is the mechanism to harmonize consider when the signature was differences between both Houses in the withdrawn. passage of the bill into law. Authentication of bills. o But it can deal generally with the subject o Signing by the Speaker and Senate matter. President o It may produce results beyond its mandate. o Printed copy of the approved bill o The rules do not limit it to consider o Certified by respective House Secretaries conflicting provisions only. President’s approval or veto o It is empowered to include an entirely new o When a bill is presented to the President provision not found in either bills. for action, he may: o Thus, political scientists call the Sign it, if he approves. Conference Committee a third body of the Veto it, and return with objections legislature. to the House of origin Illustrative Case: Tolentino vs. Secretary of o The objections are entered in its Journal Finance, 235 SCRA 630 (1994) and proceed to consider it. o Facts: o President communicates veto within 30 o The Conference Committee consolidated (calendar days) after receipt, otherwise it the House and Senate versions closed becomes a law as if he signed it. doors which resulted in an entirely o Override of presidential veto: different version. 2/3 of all members of each House. o Contention of Petitioners: 3 ways by which a Bill becomes a law: o The House Committee Report included o President signs it. provisions not found in either version and o He does not sign nor communicate his veto these were secretly inserted into it closed within 30 days from receipt doors. o Congress overrides veto. Held: Parts of statute. o There is nothing wrong about closed door (1) Title. executive sessions. o General statement of the subject of the bill o Often, when only the conferees are present, One title-one subject rule it is the only way to harmonize conflicting o A bill embraces only one subject matter provisions. o To prevent logrolling o The incomplete sentences in the transcripts o Surprise or fraud may be attributed to the stenographer’s Logrolling. own limitations or incoherence of o Combination of multiple propositions in statements. one proposal. o Amendment in the nature of a substitute o Entire proposition is nullified, not only the by the Conference Committee resulting subject matter. in a third version is allowed provided it Illustrative case: Lambino vs. COMELEC, G.R. is germane to the subject of both No. 174153, October 25, 2006. versions. Facts: Doctrine of enrolled bill o In 2006, the group led by Raul Lambino o When both houses approve the Conference and Enrico Aumentado gathered signatures Committee Report adopting third version f nationwide as people’s initiative to amend the bill, it is the latter that is the final and the Constitution by shifting from conclusive version submitted to the Bicameral- Presidential to Unicameral- president for approval. Parliamentary form of government. o The requirement of 3 readings on separate o It asked the people this proposition: days and distribution of copies 3 days prior o DO YOU APPROVE THE o Thus, there was no way for PAL to know AMENDMENT OF ARTICLES VI AND whether its tax exemption is affected or VII OF THE 1987 CONSTITUTION, not. CHANGING THE FORM OF o Issue: GOVERNMENT FROM THE PRESENT o Whether the amendment of Section 103 of BICAMERAL- PRESIDENTIAL TO A the National Internal Revenue Code is UNICAMERAL- PARLIAMENTARY fairly embraced in the title of the E-VAT SYSTEM, AND PROVIDING ARTICLE law? XVIII AS TRANSITORY PROVISIONS o AN ACT RESTRUCTURING THE FOR THE ORDERLY SHIFT FROM VALUE- ADDED TAX (VAT) SYSTEM, ONE SYSTEM TO THE OTHER? WIDENING ITS TAX BASE AND Held: ENHANCING ITS ADMINISTRATION, o For sure, the great majority of the 6.3 AND FOR THESE PURPOSES million Filipinos who signed the signature AMENDING AND REPEALING THE sheets did not see the full text of the RELEVANT PROVISIONS OF THE proposition. NATIONAL INTERNAL REVENUE o They could have known the nature and CODE, AS AMENDED, AND FOR effect of the proposed changes: OTHER PURPOSES. The term limits will be lifted and o Held: thus members of Parliament can o To insist that the tax exemption be be re-elected indefinitely. specified in the title is to require the title of The interim Parliament can the bill to be a complete index of its continue to function indefinitely content. until its members, who are almost o Every bill is required to embrace only one all the present members of subject expressed in its title to prevent Congress, decide to call for new surprise expressed in its title to prevent parliamentary elections. surprise upon members of the Congress Within 45 days from ratification and inform the people about it. of the proposed changes, the o If PAL did not know that its exemption interim Parliament shall convene was withdrawn, it is not due to the defect to propose further amendments or in the title, but because just like other revisions to the Constitution. statutes, they pass unnoticed even if o The subject matter of this proposed published. transitory provision is totally unrelated to o The title is sufficient if it expresses the the shift from presidential-bicameral to general subject of the statute and all its unicameral-parliamentary system. provisions are germane to the general o This is logrolling. It places the people in a subject thus expressed. dilemma since they can answer only either Effect if title is insufficient. yes or no to the entire proposition, which o Bill is void contains 2 subjects, one of which they may o Insofar as the subject matter not expressed find unacceptable. in the title is concerned Article VI, Section 26(1) o But if void and valid are inseparable, the o Every bill passed by Congress shall nullity of one vitiates the other. embrace only on subject which shall be (2) Preamble. expressed in the title thereof. o Part which follows the title and precedes Illustrative case: Tolentino vs Secretary of the enacting clause Finance, 235 SCRA 630 (1994). o Reasons and purpose of enactment o Facts: o Neither creates nor grants rights o The Philippine Airlines (PAL) is exempt o Not a source of government power from value added tax per Section 103 of o “Not a source of right but a source of the NIRC. light” o P.D. 1590 exempts PAL under its franchise Enacting clause from payment of all other taxes now or in o Precedes body of statute the near future. o Identifies the bill as an act of legislation o Since E-VAT amends Section 103. PAL is o Absence does not nullify law unless no longer VAT-exempt. required by the Constitution o Contention of PAL: o Not required by Constitution but used as o The E-VAT law violates Article VI, a matter of legislative practice or custom Section 26(1) of the Constitution since (3) Body neither the House nor Senate bill exempted o Main part of the bill Pal transactions from payment of VAT. o Rights or remedies o This was made only in the Conference (4) Policy section Committee which became the E-VAT law o Declaration of state policy without reflecting this fact in the title. (5) Definition section o Defines terms (6) Administrative section o Because by then the date of publication is o Enforcement body material to determine the date of (7) Standards of conduct effectivity. o Do and void o But this argument is logical only insofar as (8) Sanctions it equates the effectivity of the laws with o Penalties the fact of publication. (9) Transitory provisions o But considered the light of other related o Temporary provisions for transition o Statutes, Article 2 does not preclude (10) Separability clause publication even if the law itself provides o If part of the law is declared invalid, the for date of effectivity. rest remains valid. o The purpose of publication is to give o Does not bind the courts the general public adequate notice of o The whole statute may be nullified laws regulating their actions and o If what is left is not complete or workable. conduct as citizens hence it cannot be (11) Repealing clause dispensed with as a requirement for its o Repeal is not legislative finding that the validity and enforceability otherwise it earlier law is unconstitutional. violates due process. Date of effectivity. Effectivity of presidential issuances, rules and o Time when law takes effect regulations. o Usually after 15 days following Publication is requires before they take effect completion of publication in the Official Except: Gazette or in a newspaper of general Interpretative or internal in nature not concerning circulation. the general public. Article 2, Civil Code. Presidential issuances, basis. Laws take effect after 15 days following completion Ordinance power of the president of publication in the Official Gazette, unless Effectivity of Implementing Rules and otherwise provided. Regulations (IRR). Sec. 18, Chap. 5, Book I, Administrative Code. o Penal or non-penal Laws take effect after 15 days following completion o Publication of publication in the Official Gazette or in a o Filing with the UP Law Center newspaper of general circulation, unless it is o Except: when the law dispenses with otherwise provided. filing Completion of publication. o but it cannot dispense with publication. o Refers to the date of release Nature of administrative rules and regulations. o Not the date of issue, unless simultaneous o They have the force and effect of a law o Publication is a condition precedent for o Partake the nature of a statute effectivity Rule- making power of a public administrative Tanada vs Tuvera agency. o Contention of petitioners: o Delegated legislative power o They should be published before they Test of validity of delegation or rule-making become valid and enforceable pursuant to power. the constitutional right of the people to be The law must be: Complete in itself informed on matters of public concern. Fix a standard, the limits are sufficiently o Contention of respondents: determinate or determinable o Publication in the Official Gazette is not a In case of discrepancy between statute and IRR, the condition precedent for laws to be effective statute prevails where the law provides for its effectivity Types of administrative rules and regulations date. o Enforces the law- IRR o This is pursuant to Article 2 of the Civil o Interprets the rule – LOI Code which says all laws shall take effect Test of validity of administrative rules and after 15 days following completion of regulations. publication in the Official Gazette, unless o Germane to the object of the law it is otherwise provided. o Conforms to standards prescribed by law o Held: o Sole purpose of carrying into effect o In a long line of cases, this Court has general provisions of the law ruled that publication in the Official Effectivity of local ordinances. Gazette is necessary where the law does o 10 days from date of posting not provide for its effectivity date, and no o In bulletin board and 2 other conspicuous longer necessary where the law does places provide for its effectivity date, and no o If ordinance is penal, published in a longer necessary where the law does newspaper of general circulation provide. o Highly urbanized and independent component cities - posted and published. Manner of computing time. o Exclude the first day o It was endorsed by 3 legislators and o Include the last day referred to the House Committee on Justice o Year- 365 days which ruled that it was sufficient in form o Month- 30 days but dismissed it for not being sufficient in o Day- 24 hours substance. o Night- Sunset to sunrise o But the Committee Repost was not sent to o Week - 7 consecutive days the House in plenary. o Civil Code adopts the 365- day year and o In October 2004, a second impeachment the 30-day month, not the calendar year, complaint was filed against CJ Davide. nor solar or civil month. Contention of petitioners: o What if it is the leap year? Still 365 days. o The second impeachment complaint was Illustrative case: Garvida vs. Sales unconstitutional because it violates Section o Facts: Proclamation of a duly elected SK 5, Article XI of the Constitution which Chair was suspended by the Comelec prohibits filing of impeachment complaint because she is overaged. The law says against the same official twice within a candidates should “not be more than 21 period of one year. years old on the day of election. Contention of respondents: o The SK Chair however argued she is still o The Supreme Court is without jurisdiction qualified because by then she is only 21 to hear, much less prohibit or enjoin the years, 10 months and 25 days old, not 22 lower house to perform its constitutionally years old. mandated duty to initiate impeachment o Held: The LGC speaks of years, not proceedings, it being a co-equal and months or days and a year consists of 365 independent branch of the government. days. In computing years, first year is o The Senate has the sole power, authority reached after completing first 365 days. and jurisdiction to try and decide he So, 21 is 21 cycles of 365 days. impeachment cases. Validity of statute. o The petitions are premature, no justiciable o Presumption of constitutionality issue has been presented before it since its o In deference to the wisdom, integrity and constitutional duty to constitute itself as patriotism of the legislature. impeachment court commences only upon o All reasonable doubts are ruled in favour receipt of the Articles of impeachment, of constitutionality which it had not. o To doubt is to sustain Issue: Authority to declare law unconstitutional. o Whether the essential requisites for the o Article VIII, Section 4(2), 1987 exercise of judicial review have been Constitution Supreme Court en banc fulfilled? o Concurrence of majority of the Members In answering this issue, the Supreme Court who actually took part in the deliberations addressed the following requisites for the exercise (VOTED) of judicial review: Essential requisites for judicial review. o Locus standi – What authority do you have o Actual case or controversy (there must be a to file against the SC? Are you going to be set of facts to test the law) directly affected with the law? What o Legal standing business do you have in petitioning to the o Raised at the earliest opportunity SC to declare a law unconstitutional? (otherwise, law will be enforced already, o Ripeness – there must be already be an and might pose problems) actual case of controversy o Issues of constitutionality must be the very o Political question/justiciability – Is that a LIS MOTA of the case political question? Does that pertain to the Lis mota wisdom and discretion of the President? If o Courts will deal with constitutionality only it does, the Court cannot deal with that if: because this is a political question. It is unavoidable (as much as o Judicial restraint (pinipigilan ang sarili) possible, the SC is trying to avoid Locus standi, defined. confronting the constitutionality) o Personal or substantial interest in the case Very crux of the controversy (the such that the party has sustained or will thing is... what you’re saying is... sustain direct injury. the crux of the matter is...) Contention of Soriano: Illustrative case: Francisco Jr. Vs HR, G.R. No. o Only the Chief Justice has sustained or will 160261, November 10, 2003. sustain direct personal injury. Facts Contention of petitioners: o In June 2003, Joseph Estrada filed an o They sue in their respective capacities as impeachment complaint against CJ Davide taxpayers, citizens, voters, legislator, and 7 other associate justices for culpable association. violation of the Constitution, betrayal of o As such, they stand to suffer injury. public trust and other high crimes. What to show if you petition as a citizen? o It is useless to seek remedies from either o The law or government act is invalid that lower or upper house because it has no o Sustains or is in imminent danger to jurisdiction to rule o the issue of sustain direct injury as a result of its constitutionality. enforcement Political question, defined. o Interest must be direct and personal o Refers to those question which, under the o If it is an assertion of a public right, the Constitution, are to be decided by the mere fact that he or she is a citizen satisfies people in their sovereign capacity, or in the requirement. regard to which full discretionary authority What to show if you petition as a taxpayer: has been delegated to the Legislature or o Sufficient interest in preventing illegal executive branch of the government. expenditure of public funds o It is a question of policy, concerned with o Sustains direct injury as a result of the wisdom and not legality. enforcement of the individual law o Except: grave abuse of discretion o Public funds are either illegally disbursed, amounting to lack or excess of jurisdiction. deflected to any improper purpose, wasted Determination of impeachable offense. through enforcement of an invalid or o Purely political question left to the sound constitutional law. discretion of the legislature. What to show if you petition as legislator: Lis mota, defined. o Infringement of prerogatives as legislator o Courts will not touch the issue of standing to maintain inviolate prerogatives, constitutionality unless it is unavoidable or powers and privileges vested by the is the very crux of the controversy. Constitution in his office. o Whether Sections 15 and 16 of Rule 5 of Transcendental importance, defined. the House Impeachment Rules are o Transcendental – not in experience, but unconstitutional for violating Section 3, unduable. Article XI of the Constitution? o The character of the funds or other assets o Whether, as a result, the second involved in the case. impeachment complaint is barred under o The presence of a clear case of disregard of Section 3(5), Article XI of the a constitutional or statutory prohibition by Constitution? the public respondent agency or o Under Sec. 16 impeachment proceedings instrumentality of the government. are “deemed initiated” on the day the Held: House Committee on Justice finds that the o Applying these determinants, the issues verified complaint is sufficient in raised in the petitions are indeed of substance. transcendental importance. Contention of respondents: Ripeness, defined. o Since the first impeachment complaint was o A prerequisite that something had been dismissed for being insufficient in done by either branch before the court acts. substance, it was not deemed initiated Contention of Salonga: hence the second impeachment complaint o There is no urgent need for the Court to act is allowed. “Initiate” does not mean “to right away. Anyway, it is the final arbiter file”. of the questions on constitutionality Held o All remedies in the House and Senate o “Initiate” means filing of the impeachment should first be exhausted. complaint and referral to the House Position of Dean Pangalangan: Committee on Justice or filing by at least o The Supreme Court should take judicial 1/3 of the House of Representatives with notice of on-going attempts to encourage the Secretary General of the House. signatories to withdraw their endorsements o Once initiated, no other impeachment o House Impeachment Rules afford its complaint shall be filed against the same members opportunity to raise official for a period of one year. constitutionality issues when the Articles Judicial restraint. of Impeachment are presented to the o Contention of Pimentel: The Supreme Senate. Court should exercise judicial restraint o Even if the Articles of Impeachment are because the Senate, as an impeachment transmitted to the Senate, the Chief Justice court, has the sole power to hear and may still move to dismiss on ground of decide all impeachment cases. constitutional infirmity o Contention of De Venecia: There is a Held: moral compulsion for the Supreme Court o The withdrawal of signature neither cures to not assume jurisdiction because its the House of Impeachment Rules of its members are subject to impeachment. constitutional defect nor obliterates the Held: question second impeachment complaint. o The power of judicial review includes the power to review justiciable issues in impeachment proceedings. Held: requirement of inventory and the o Otherwise, Congress should not pass penal prohibition on predatory pricing. laws because its members are subject to o They were nullified because they inhibit them. fair competition, encourage monopoly & o Where the case is justiciable, judicial interfere w/ free interaction of market restraint is not an option for the Supreme forces Court. Issue: o Adjudication cannot be declined where the o Whether the 3 provisions can be Supreme Court is not disqualified. individually struck down without o Jurisdiction cannot be renounced where invalidating the entire law? there is n other tribunal to which the Held: controversy may be referred. o When the individual provisions so o “Jurisdiction is not just a power. It is a infirmed the essence of the law that it solemn duty which may not be infected its entirety, the entire law is renounced.” nullified, its separability clause Test of constitutionality of statutes. notwithstanding. o Not within the legislative power to enact o The provisions on tariff differential, o Creates methods or forms that infringe inventory and predatory pricing are among constitutional principle the principal props of the law. o Purpose or effect violates Constitution or o Congress would not have regulated the its basic principles downstream oil industry without them. o Vague o Change of situation like emergency laws Void for vagueness rule. o Violates due process o People are not informed on what conduct to avoid o Affords law enforcers unbridled discretion Effects of unconstitutionality. o Orthodox view-not a law, confers no rights, imposes no duties, affords no protection, creates no office o Inoperative, like it never passed or existed. o Operative fact-existence of statute prior to nullity is an operative fact that must be recognized. o Statute was in force and complied with. o Parties already acted under it. o Modern view-if in conflict with the Constitution, the court does not annul, it simply refuses to recognize it. Partial invalidity. o General rule-if part is void, the rest stays provided they are separable. o the valid part is independent o standing alone, must be complete and intelligible to enforce legislative intent o Except: o If parts are mutually dependent and connected with each other. o Legislature is resumed to have intended the as a whole o Nullity of one vitiates the rest. Separability clause-intent of separability, rather than complete nullity Illustrative case: Tatad b Secretary of the Department of Energy, 281 SCRA 330 (1997) o Facts: The Supreme Court declared unconstitutional 3 provisions of RA 8180 or An Act Deregulating the Downstream Oil Industry. o The 3 provisions dealt with imposition of 4% tariff defferential on imported cude oil and refined petroleum products, the