CONSTITUTIONAL LAW I Finals Examination Guide STATE IMMUNITY FROM SUIT Department of Agriculture v.

NLRC, 227 SCRA 693, 11 November 1993

1. When defendants are officers or agents of

the government who claim to hold or act by virtue of a title of the state, does the principle of state immunity from suit always apply? When the Sate through its duly authorized officers takes the initiative in a suit against a private party, it thereby descends to the level of a private individual and thus opens itself to whatever counterclaims or defenses the latter may have against it. The Department of Health, et al. v. Phil. Pharmawealth, Inc., 518 SCRA 240, 13 March 2007 1. May officers of the government who exceeds the power conferred upon them by law hide under the principle of sovereign immunity from suit? Why?

1. Briefly explain

the doctrine of state immunity from suit. What is its basis under the Constitution? Sec. 3, Art. 16 The State may not be sued without its consent theory. 2. What are the bases or underlying principles of this doctrine? A sovereign is exempt from suit, not because of any formal conception or obsolete theory but on the logical ground that there can be no legal right as against the authority that make the law on which the right depends. 3. What is the exception to the rule that the State cannot be sued? 4. How is consent to be sued given? Expressly or impliedly. 5. How does a State give its express consent to be sued? Thru a general law or a special law. 6. How does a State give its implied consent to be sued? Is conceded when the State itself commences litigation, thus opening itself to a counter claim or when it enters into a contract. 7. Are all contracts entered into by the government considered as waiver of its immunity from suit? Why? No, distinction must be made between one which is executed in the exercise of its sovereign function and another which is done in its proprietary capacity. 8. How must enforcement or satisfaction of a judgment against the State be pursued? Appropriation of public funds. 9. May the courts issue writs of execution against the government? Why?

THE CONSTITUTION IN GENERAL Manila Prince Hotel vs. Government Service and Insurance System, Inc., et al., 03 February 1997

1. Are provisions of the Constitution selfexecuting? The general rule or presumption is that all provisions of the Constitution are self-executing UNLESS it is expressly provided that a legislative act is necessary to enforce a constitutional mandate. When are provisions of the Constitution considered self-executing? Complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected. State the Filipino First policy under the Constitution? Under the Filipino First Policy provision of the 1987 Constitution, where a foreign firm submits the highest bid in a public bidding concerning the grant of rights, privileges and concessions covering the national economy and patrimony, thereby exceeding the bid of a Filipino, the Filipino will

2.

3.

Republic v. Sandoval, 220 SCRA 124, 19 March 1993

4.

have to be allowed to match the bid of the foreign entity. And if the Filipino matches the bid of a foreign firm the award should go to the Filipino. Is the Filipino First provision of the Constitution self-executing?

citizens, showing that the issues raises of transcendental importance; and (5) claim that the official action complained of infringes upon their prerogatives as legislators.

5. Why

5. What is the doctrine of constitutional

supremacy? All laws and contracts must conform with the fundamental law of the land. A law or contract which violates constitution is null and void and without any force and effect. POWER OF JUDICIAL REVIEW David v. Macapagal-Arroyo 489 SCRA 162, 03 May 2006

is it improper to implead an incumbent President in a suit? Settled is the doctrine that the President during his tenure of office or actual incumbency may not be sued in any civil or criminal case, and there is no need to provide for its constitution or law. are the reasons behind this principle? It will degrade the dignity of the high office of the President, the Head of the State, if he can be dragged into court litigation while serving as such.

6. What

1. What are the requisites for the exercise of

the power of judicial review? (1) there must be actual case or controversy; (2) petitioners have to raise question of constitutionality; (3) must be raised at earliest opportunity; and (4) necessary to the determination of its case.

7. Under what conditions may the President

exercise her calling-out power? to prevent or suppress lawless violence, invasion or rebellion. 8. What is the Presidents Ordinance Power? so-called

2. Under what conditions may the courts

exercise its power of judicial review even if the case is moot and academic? (1) grave violation of the Constitution; (2) exceptional character of the situation and the paramount public interest is involved; (3) constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and (4) case is capable of repetition yet evading review.

9. Does the President have the power to issue decrees? Why not? 10. Under what conditions may Congress delegate emergency powers to the President? 11. Why does the President have no power to order the Armed Forces of the Philippines to enforce obedience to all laws, even those not related to lawless violence?

3. What is the meaning of legal standing?

Locus standi right of appearance in a court of justice on a given question real parties in interest.

Oposa v. Factoran 224 SCRA 792 1. What is the legal principle behind the standing to sue of the minors to assert their right to a balanced and healthful ecology? INTERGENERATIONAL RESPONSIBILITY 2. Briefly explain this principle? Every generation has a responsibility to the next to preserve that rhythm and harmony for

4. When does a concerned citizen, taxpayer,

voter or legislator have a standing to sue for purposes of the exercise of the courts power of judicial review? (1)cases involved constitutional issue; (2) for taxpayers, there must be claimed for illegal disbursement of public funds or tax measure is unconstitutional; (3) for voters, obvious interest in the validity of the election law in question; (4)concerned

Page 2 of 16

the full enjoyment of a balanced and healthful ecology. 3. May the courts refuse to exercise its power of judicial review if the issue involves a political question? Courts may not refuse to exercise its power of judicial review if the issue involved a political questions, it must, nonetheless be emphasized that the political question doctrine is no longer the insurmountable obstacle to the exercise of judicial power or the impenetrable or the impenetrable shield that protects the executive and legislative actions from judicial inquiry or review.

Estrada v. Desierto, 353 SCRA 453, 02 March 2001

1. Is the question of the legitimacy of the

Arroyo administration a political question? No, it is not because EDSA II involved not a political question but a legal question. It is the exercise of the people power of freedom of speech and freedom of assembly to petition the government for redress of grievances which only affect the office of the President. 2. What are political questions? Those questions which, under the Constitution are (1)to be decided by the people in their sovereign capacity, or (2) in regard to which full discretionary authority has been delegated to the legislative or executive branch of the govt; (3) it is concerned with the issues dependent upon the wisdom, not legality of a particular measure.(Taada v. Cuenco) 3. Explain the expanded power of judicial review of courts? To a great degree, the 1987 Constitution has narrowed the reach of the political question doctrine when it expanded the power of judicial review by the court not only to settle actual controversies involving rights which are legally demandable and enforceable but also to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government (Sec.1,Art.8).Courts are given a greater prerogative to determine what it can do to prevent grave abuse of discretion amounting to

lack or excess of jurisdiction on the part of any branch or instrumentality of the govt. In sync and symmetry with is intent are other provisions of the Constitution trimming the so called political thicket. 4. Distinguish EDSA People Power I and EDSA People Power II. EDSA I is extra constitutional involving the exercise of the people power of revolutions which overthrew the whole government. EDSA II is intra constitutional is an exercise of the people power of freedom of speech and freedom of assembly to petition the government for redress of grievances which only affect the office of the President. The former is a political question while the latter is a legal question. 5. Could President Estrada be considered to be merely temporarily unable to perform the powers and duties of the presidency and thus be considered a President on leave? Why not? Both houses of Congress have recognized the respondent Arroyo as the President. Implicitly clear in that recognition is the premise that the inability of the Estrada is no longer temporary. Congress has clearly rejected his claim of inability. The Court holds that the resignation of former President Estrada cannot be doubted therefore he is not a President on leave but a resigned President. His resignation was confirmed by his leaving the Malacaang. Using the totality test the Court hold that Estrada resigned as President by determining his acts and omissions before, during and after January 20, 2001 or by totality of prior, contemporaneous and posterior facts and circumstantial evidence bearing a material relevance in the issue. In his press release containing his final statement, (1)he acknowledge the oath-taking of the Arroyo as President with reservation about its legality; (2) emphasize that he is leaving the Palace seat of Presidency, for the sake of peace and order he did not say that he is leaving the palace due to any kind of inability and that he is going to reassume the presidency as soon as the disability disappears; (3) he expressed his gratitude to the people for the opportunity to serve them; (4) he assured that he will not shirk from any future challenge that may come ahead in the service of the country; and (5) he called on his supporters to join him in the promotion of a constructive national spirit.

Page 3 of 16

6. Does an incumbent President enjoy

immunity from suit? Why? Incumbent Presidents are immune from suit or from being brought to court during the period of their incumbency and tenure but not beyond (Saturnino Bermudez) 7. What is the reason behind the principle of presidential immunity from suit? (1)Public Office is a public trust-Sec.27,Art2; (2)Public Officers and employees must at all times be accountable to people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice and lead modest lives-Sec.1,Art.9; These constitutional policies will be devalued if the Court will sustain Estradas claim that a nonsitting president enjoys immunity from suit for criminal acts committed during his incumbency. When the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice (Nixon v. Fitzgerald) 8. When does the Presidents immunity from suit last? Beyond his incumbency and tenure or from the time he resigned as President. Francisco v. House of Representatives? 415 SCRA 44, 10 November 2003 1. What is the role of the judiciary in the under the principles of separation of powers and checks and balances? 2. What is or are the constitutional limits on Congress power to initiate an impeachment proceeding? 3. What are the requisites for exercise of the power of judicial review? 4. What are political questions? 5. Is it sufficient to say that judicial power is only a power of the courts? 6. When is an impeachment proceeding considered initiated?

Tolentino v. Secretary of Finance, 25 August 1994

1. What bills should originate exclusively

from the House of Representatives? It is the revenue bill which is required by the Constitution to "originate exclusively" in the House of Representatives. It is important to emphasize this, because a bill originating in the House may undergo such extensive changes in the Senate that the result may be a rewriting of the whole. 2. Does the Constitution require that a revenue statue be substantially similar to the bill which was passed by the House of Representatives? Why? Yes, the Constitution require it, wherein to insist that a revenue statute and not only the bill which initiated the legislative process culminating in the enactment of the law must substantially be the same as the House bill would be to deny the Senate's power not only to "concur with amendments" but also to "propose amendments." It would be to violate the coequality of legislative power of the two houses of Congress and in fact make the House superior to the Senate. 3. May the Senate pass a substitute revenue bill in anticipation of a bill to be passed by the House? Yes, Senate can pass a substitute revenue bill. The contention that the constitutional design is to limit the Senate's power in respect of revenue bills in order to compensate for the grant to the Senate of the treaty-ratifying power 3 and thereby equalize its powers and those of the House overlooks the fact that the powers being compared are different. 4. When may the requirements of requirement of three readings on separate days and of printing and distribution in passing a bill be dispensed with? For if it is only the printing that is dispensed with by presidential certification, the time saved would be so negligible as to be of any use in insuring immediate enactment. It may well be doubted whether doing away with the necessity of printing and distributing copies of the bill three days before the third reading would insure

THE LEGISLATIVE DEPARTMENT

Page 4 of 16

speedy enactment of a law in the face of an emergency requiring the calling of a special election for President and Vice-President. Under the Constitution such a law is required to be made within seven days of the convening of Congress in emergency session.

5. May the sufficiency of the factual basis

of the suspension of the writ of habeas corpus or declaration of martial law under Art. VII, 18, or the existence of a national emergency justifying the delegation of extraordinary powers to the President under Art. VI, 23(2), be subject to judicial review? Why? The sufficiency of the factual basis of the suspension of the writ of habeas corpus or declaration of martial law under Art. VII, 18, or the existence of a national emergency justifying the delegation of extraordinary powers to the President under Art. VI, 23(2), is subject to judicial review because basic rights of individuals may be at hazard.

2. What is the test of germaneness of a provision of a bill? 3. What is the purpose of the unity of subject matter of bills? 4. Which branch of the government has the primary power to create public offices? 5. May courts of law review a budget passed by Congress to determine if such budget is reasonable or sufficient? Why? 6. Is there such a thing as an irrepealable law? Why? Arroyo v. De Venecia 277 SCRA 268, 14 August 1997

1. Does the Supreme Court have the power

to look into the internal proceedings of a House of Congress? Why? No SC has no more power to look into the internal proceedings of a House than members of that House have to look over our shoulders, as long as no violation of constitutional provisions is shown.

6. What is the extent of the power of the

bicameral conference committee? The Court recently held that it is within the power of a conference committee to include in its report an entirely new provision that is not found either in the House bill or in the Senate bill. 17 If the committee can propose an amendment consisting of one or two provisions, there is no reason why it cannot propose several provisions, collectively considered as an "amendment in the nature of a substitute," so long as such amendment is germane to the subject of the bills before the committee. After all, its report was not final but needed the approval of both houses of Congress to become valid as an act of the legislative department. The charge that in this case the Conference Committee acted as a third legislative chamber is thus without any basis. Atitiw v. Zamora 471 SCRA 329 1. What are the requirements of Section 25 (2) and Section 26 (1) Article VI of the Constitution with respect to provisions of a bill?

2. Why does the Supreme Court say that

Article VIII paragraph 1 of the Constitution broadens the scope of judicial inquiry? the power of judicial review is not so much power as it is duty imposed on this Court by the Constitution and that we would be remiss in the performance of that duty if we decline to look behind the barriers set by the principle of separation of powers. Art. VIII, 1, 2 What is the meaning of grave abuse of discretion amounting to lack or excess of jurisdiction? the Court is empowered to rule upon acts of other Government entities for the purpose of determining whether there may have been, in fact, irregularities committed tantamount to violation of the Constitution, which case would clearly constitute a grave abuse of discretion

3.

4. What is the enrolled bill doctrine? Court will 5.

respect the certification of the presiding officers of both Houses that a bill has been duly passed. What is the principle behind it? Under the enrolled bill doctrine, the signing of H. No. 7198 by the Speaker of the House and the President of the Senate and the certification by the

Page 5 of 16

secretaries of both Houses of Congress that it was passed on November 21, 1996 are conclusive of its due enactment.

1. Who are entitled to representation under

the Filipino-style party-list system? A. who belong to marginalized and underrepresented sectors, organizations and parties; and B. who lack well-defined constituencies; but C. who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.

6. What is the evidentiary value of Journals?

Journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein Bengzon v. Drilon 208 SCRA 132, 15 April 1992

2. What is the most important qualification

of a party-list to qualify as a party-list candidate? the persons nominated by the party-list candidate-organization must be "Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties. What are the guidelines for screening party-list participants? First, the political party, sector, organization or coalition must represent the marginalized and underrepresented groups Second, while even major political parties are expressly allowed by RA 7941 and the Constitution to participate in the party-list system, they must comply with the declared statutory policy of enabling "Filipino citizens belonging to marginalized and underrepresented sectors x x x to be elected to the House of Representatives

1. Briefly state the principle of separation of

powers. Under the principle of separation of powers, neither Congress, the President nor the Judiciary may encroach on fields allocated to the other branches of government. Distinguish the power of the President to veto a bill and his power to veto a particular item in an appropriation bill? The President shall have the power to veto any particular item or items in an appropriation, revenue or tariff bill but the veto shall not affect the item or items to which he does not object. What is the meaning of fiscal autonomy? Fiscal autonomy means freedom from outside control. If the Supreme Court says it needs 100 typewriters but DBM rules we need only 10 typewriters and sends its recommendations to Congress without even informing us, the autonomy given by the Constitution becomes an empty and illusory platitude. May the President set aside and overrule a decision of the Supreme Court? No the President may not set aside or reverse a final and executory judgment of this Court through the exercise of the veto power. May the President exercise her veto power to repeal a previously passed law? The President has no power to enact or amend statutes promulgated by her predecessors much less to repeal existing laws. The President's power is merely to execute the laws as passed by Congress.

3.

2.

3.

People v. Jalosjos, 324 SCRA 696, 03 February 2000

4.

1. What is the limitation on a member of

Congress immunity from arrest? A Senator of Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. May Congress compel the attendance of one of its absent members if the latter is confined for being charged with a crime punishable by imprisonment of more than six years? Why? The members of Congress cannot compel absent members to attend sessions if the reason for the absence is a legitimate one. The confinement of a Congressman charged with a crime punishable by imprisonment of more than six months is not

5.

2.

Ang Bagong Bayani-OFW Comelec, 359 SCRA 698

Labor

Party

v.

Page 6 of 16

merely authorized by law, it has constitutional foundations.

3. Does the reelection to office of a member

of Congress a legal ground to escape imprisonment for a crime? Why? The performance of legitimate and even essential duties by public officers has never been an excuse to free a person validly in prison. The duties imposed by the "mandate of the people" are multifarious. The accused-appellant asserts that the duty to legislative ranks highest in the hierarchy of government. The accusedappellant is only one of 250 members of the House of Representatives, not to mention the 24 members of the Senate, charged with the duties of legislation. Congress continues to function well in the physical absence of one or a few of its members.

2.

3.

Jimenez v. Cabangbang, 03 August 1996

1. When is a speech or debate of a Member

of Congress considered privileged, such that such Member shall be immune from suit for such speech or debate? The Senators and Members of the House of Representatives shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of the Congress, and in going to and returning from the same; and for any speech or debate therein, they shall not be questioned in any other place.

4.

5.

Senate of the Philippines v. Ermita, 488 SCRA 1, 20 April 2006

6.

1. What are the exemptions to the power of

inquiry? doctrine of separation of powers, exempts the executive from disclosure requirements applicable to the ordinary citizen or organization where such exemption is necessary to the discharge of highly important executive responsibilities involved in maintaining governmental operations, and extends not only to military and diplomatic

secrets but also to documents integral to an appropriate exercise of the executive domestic decisional and policy making functions, that is, those documents reflecting the frank expression necessary in intragovernmental advisory and deliberative communications. What is the so-called executive privilege? The doctrine of executive privilege is thus premised on the fact that certain informations must, as a matter of necessity, be kept confidential in pursuit of the public interest. The privilege being, by definition, an exemption from the obligation to disclose information What are the varieties of executive privilege? highly important executive responsibilities involved in maintaining governmental operations, and extends not only to military and diplomatic secrets but also to documents integral to an appropriate exercise of the executive domestic decisional and policy making functions, that is, those documents reflecting the frank expression necessary in intra-governmental advisory and deliberative communications. Are executive officials exempt from the duty to disclose information by the mere fact of being executive officials? Why? Since Congress has authority to inquire into the operations of the executive branch, it would be incongruous to hold that the power of inquiry does not extend to executive officials who are the most familiar with and informed on executive operations. What is the difference between the socalled question hour and the exercise of Congress of its power of inquiry? While attendance was meant to be discretionary in the question hour, it was compulsory in inquiries in aid of legislation. How may executive officials exempt themselves from the exercise by Congress of its power of inquiry? Why? Thru Executive Previlage. Doctrine of executive privilege is thus premised on the fact that certain informations must, as a matter of necessity, be kept confidential in pursuit of the public interest. The privilege being, by definition, an exemption from the obligation to disclose information, in this case to Congress, the necessity must be of such high degree as to outweigh the public

Page 7 of 16

7.

8.

9.

interest in enforcing that obligation in a particular case. Who has the power to invoke executive privilege? highly exceptional nature of the privilege, the Court finds it essential to limit to the President the power to invoke the privilege. She may of course authorize the Executive Secretary to invoke the privilege on her behalf, in which case the Executive Secretary must state that the authority is "By order of the President," May the President require that all executive officials to seek prior consent before attending a legislative inquiry? required prior consent under Section 1 is grounded on Article VI, Section 22 of the Constitution on what has been referred to as the question hour. However the same cannot be applied to appearances of department heads in inquiries in aid of legislation. Congress is not bound in such instances to respect the refusal of the department head to appear in such inquiry, unless a valid claim of privilege is subsequently made, either by the President herself or by the Executive Secretary. What is the difference between the power of inquiry of Congress and the right of the people to information on matters of public concern? distinctions between the right of Congress to information which underlies the power of inquiry and the right of the people to information on matters of public concern. For one, the demand of a citizen for the production of documents pursuant to his right to information does not have the same obligatory force as a subpoena duces tecum issued by Congress. Neither does the right to information grant a citizen the power to exact testimony from government officials. These powers belong only to Congress and not to an individual citizen.

separate capacity, whatever may be essential to enable them to legislate.It is wellestablished principle of this parliamentary law, that either house may institute any investigation having reference to its own organization, the conduct or qualification of its members, its proceedings, rights, or privileges or any matter affecting the public interest upon which it may be important that it should have exact information, and in respect to which it would be competent for it to legislate. The right to pass laws, necessarily implies the right to obtain information upon any matter which may become the subject of a law. It is essential to the full and intelligent exercise of the legislative function

2. What is the extent of Congress power of

inquiry? The Congress' power of inquiry Where no constitutional limitation or restriction exists, it is competent for either of the two bodies composing the legislature to do, in their separate capacity, whatever may be essential to enable them to legislate.It is wellestablished principle of this parliamentary law, that either house may institute any investigation having reference to its own organization, the conduct or qualification of its members, its proceedings, rights, or privileges or any matter affecting the public interest upon which it may be important that it should have exact information, and in respect to which it would be competent for it to legislate. The right to pass laws, necessarily implies the right to obtain information upon any matter which may become the subject of a law. It is essential to the full and intelligent exercise of the legislative function

Sabio v. Gordon, 17 October 2006

1. What power is inherent in the power to

legislate? The Congress' power of inquiry Where no constitutional limitation or restriction exists, it is competent for either of the two bodies composing the legislature to do, in their Abakada Guro Party List v. Ermita, 469 SCRA, 1, 01 September 2005

Page 8 of 16

1. May the courts review compliance by

Congress with its own internal rules of proceedings? where an action of the legislative branch is alleged to have infringed the Constitution, it becomes not only the right but in fact the duty of the judiciary to settle the dispute.

2. May Congress delegate its legislative

powers? If there are differences between the versions approved by the two chambers, a conference committee58 representing both Houses will draft a compromise measure that if ratified by the Senate and the House of Representatives will then be submitted to the President for his consideration.

3. What are the exceptions to the rule on

non-delegation? the Constitution imposes two basic and related constraints on Congress.37 It may not vest itself, any of its committees or its members with either executive or judicial power.38 And, when it exercises its legislative power, it must follow the "single, finely wrought and exhaustively considered, procedures" specified under the Constitution,39 including the procedure for enactment of laws and presentment. What may Congress delegate to executive offices or bodies? Yes. Congress has two options when enacting legislation to define national policy within the broad horizons of its legislative competence.45 It can itself formulate the details or it can assign to the executive branch the responsibility for making necessary managerial decisions in conformity with those standards.46 In the latter case, the law must be complete in all its essential terms and conditions when it leaves the hands of the legislature.47 Thus, what is left for the executive branch or the concerned administrative agency when it formulates rules and regulations implementing the law is to fill up details (supplementary rule-making) or ascertain facts necessary to bring the law into actual operation (contingent rule-making). What are the requisites for a valid delegation? Where Congress delegates the formulation of rules to implement the law it has enacted pursuant to sufficient standards established in the said law, the law must be complete in all its essential terms and

conditions when it leaves the hands of the legislature. And it may be deemed to have left the hands of the legislature when it becomes effective because it is only upon effectivity of the statute that legal rights and obligations become available to those entitled by the language of the statute. Subject to the indispensable requisite of publication under the due process clause,61 the determination as to when a law takes effect is wholly the prerogative of Congress. tests determine the validity of delegation of legislative power: (1) the completeness test and (2) the sufficient standard test. A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate.26 It lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegates authority and prevent the delegation from running riot.27 To be sufficient, the standard must specify the limits of the delegates authority, announce the legislative policy and identify the conditions under which it is to be implemented.28 Abakada Guro August 2008 Party List v. Purisima 14

4.

1. Can the House of Representatives on its

own validly exercise legislative power? Legislative power (or the power to propose, enact, amend and repeal laws)53 is vested in Congress which consists of two chambers, the Senate and the House of Representatives. A valid exercise of legislative power requires the act of both chambers. What are the two basic steps required before a bill becomes a law? two steps are required before a bill becomes a law. First, it must be approved by both Houses of Congress.54 Second, it must be presented to and approved by the President.5 congressional oversight? the power of oversight embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Clearly, oversight concerns postenactment measures undertaken by Congress:

2.

5.

3. Explain the basis and concepts of

Page 9 of 16

(a) to monitor bureaucratic compliance with program objectives, (b) to determine whether agencies are properly administered, (c) to eliminate executive waste and dishonesty, (d) to prevent executive usurpation of legislative authority, and (d) to assess executive conformity with the congressional perception of public interest. The power of oversight has been held to be intrinsic in the grant of legislative power itself and integral to the checks and balances inherent in a democratic system of government.

1. What is executive power? 2. What are the powers of the President under the Constitution? 3. Are the powers of the President limited only to the specific powers enumerated in the Constitution? Why? 4. Please explain the power of the president to keep the peace? 5. May the courts supplant the executive? Why? Integrated Bar of the Philippines v. Zamora 338 SCRA 81, 15 August 2000 1. What are the requisites for the exercise of the power of judicial review? 2. What is the meaning of locus standi? 3. Does the invocation by the IBP of its duty to preserve the rule of law sufficient to give it legal standing? Why? 4. When may the courts take cognizance of a case and exercise its power of judicial review even though the petitioners do not satisfy the requirement of legal standing? Why? 5. What is the nature of the Presidents calling out power? May the Supreme Court review the factual basis for the exercise thereof? Why? 6. What are the conditions required for the exercise by the President of her power to suspend the writ or declare martial law? Are these requisites necessary for the exercise by the Presidents calling out powers? 7. Does the deployment of the military for civilian law enforcement necessarily constitute a violation of the civilian supremacy clause? Carpio v. Executive Secretary, 206 SCRA 290, 14 February 1992 1. What is the meaning of the Presidents power of control? 2. What is the doctrine of qualified political agency?

Tanada v. Tuvera December 1986

146

SCRA

446,

29

1. Can Congress make a law effective

immediately upon approval, even before or without previous publication? Why? Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided What laws must be published first as a condition for their effectivity? 1] all important legisiative acts and resolutions of a public nature of the, Congress of the Philippines; [2] all executive and administrative orders and proclamations, except such as have no general applicability; [3] decisions or abstracts of decisions of the Supreme Court and the Court of Appeals as may be deemed by said courts of sufficient importance to be so published; [4] such documents or classes of documents as may be required so to be published by law; and [5] such documents or classes of documents as the President of the Philippines shall determine from time to time to have general applicability and legal effect, or which he may authorize so to be published. ...

2.

THE EXECUTIVE DEPARTMENT Marcos v. Manglapus, September 1989 177 SCRA 668, 15

Rufino v. Endriga, 496 SCRA 12, 21 July 2006

Page 10 of 16

1. Who has the power to appoint? 2. Under the Constitution, who may the President appoint? 3. In whom may Congress vest the power to appoint lower ranked officers? 4. Is the Presidents power to appoint subject to legislative limitations? 5. What is the extent of the Presidents power of control? 6. May Congress pass a law that puts a government office in the Executive Branch outside the control power of the President? Why? Matibag v. Benipayo 380 SCRA 489 02 April 2002 1. What is an ad interim appointment? 2. What is the nature of an ad interim appointment? 3. When is it effective? 4. Until when is it effective? 5. When does an ad interim appointment become complete and irrevocable? 6. When is an ad interim appointment terminated? 7. What is the nature of a temporary appointment? 8. May an ad interim appointee disapproved by the Commission on Appointments be extended a new appointment? 9. What is the difference between a disapproved and a by-passed ad interim appointment? Sanlakas v. Executive Secretary, 421 SCRA 656, 03 February 2004 1. As Commander-in-Chief, what are sequence of graduated powers of the President under Section 18, Article VII of the Constitution? Bayan v. Zamora, 342 SCRA 449, 10 October 2000

1. Who has the power to enter into and ratify a treaty under the Constitution? 2. What is the limitation to this power? 3. Under the constitution, what are the requirements for the stay of foreign troops in the country to be valid? Flores v. Drilon 223 SRA 568, 22 June 1993 1. What is the nature of the power to appoint? 2. Under the Constitution, with respect to the holding of other positions in government, what is the difference between the restriction on elective officials and that on appointive officials? Pimentel v. Ermita, 472 SCRA 587, 13 October 2005 1. What is the nature of the Presidents power to appoint? 2. How does the legislature limit the Presidents power to appoint? 3. What are the limitations on the power of Congress to prescribe qualifications to an appointive office? 4. What is the essence of an appointment in an acting capacity? 5. Can Congress impose on the President who to appoint? Why? 6. Differentiate an ad interim appointment from an appointment in an acting capacity. Constantino v. Cuisia, 472 SCRA 505, 13 October 2005 1. Who is the Executive of the Government of the Philippines? 2. What is the nature of the role of each head of a department? 3. What are the powers of the President which may not be delegated to or exercised by an agent or alter ego of the President? 4. May the Presidents borrowing power be exercised by his or her alter ego, the Secretary of Finance?

Page 11 of 16

5. Is the exercise of judicial review meant to supplant the Executive? Pimentel v. Office of the Executive Secretary, 462 SCRA 623, 06 July 2005 1. What is the Presidents role with respect to treaty making? 2. What is the limitation on this power of the President? 3. After signing of a treaty, may the President choose not to ratify it? 4. What is the role of the Senate in the treaty-making process? 5. Does the Senate have the power to ratify a treaty? Drilon v. Lim, 235 SCRA 135, 04 August 1994 1. May lower courts exercise the power of judicial review? Why? 2. Distinguish the power of control over the power of supervision? Tanada v. Angara 272 SCRA 19, 02 May 1997 1. When does an action to annul an act of Congress become justiciable? 2. Do courts have the power to review the wisdom of the decisions of the President and the Senate or the merits of an executive policy? Why? 3. Do courts have the power to review judgment calls of policy makers in the executive and legislative branches of the government? Why? 4. What is the so-called doctrine of incorporation? KMU v. NEDA, 487 SCRA 623 1. What is power? the meaning of legislative

1. What is the legal basis of the power of the

President to require a military official to secure prior consent before appearing in a Congressional inquiry? How is the principle of civilian supremacy over the military operationalized under the Constitution? What is the extent of the power of the President as commander-in-chief of the Armed Forces of the Philippines? Does the President have the power to restrict the speech of members of the Armed Forces? Why? Does the President have the power to restrict the mobility of members of the Armed Forces? Why? Why does the President have the power to prevent a member of the Armed Forces from testifying before a legislative inquiry? What is the remedy of Congress in case the President refuses to allow members of the military to appear before Congressional inquiries? Who can compel with conclusiveness attendance or non-attendance in legislative inquiries?

2. 3. 4. 5. 6. 7.

8.

Neri v. Senate Committee on Accountability of Public Officers, 25 March 2008 1. How may executive officials be exempt from the Congress power of inquiry? 2. What kinds of communications are covered by executive privilege? 3. What are the two kinds of executive privilege? 4. What is the so-called presidential communications privilege? 5. What are the elements of the so-called presidential communications privilege? 6. Why are the proposed questions of the Senate inquiry on Neri considered covered by presidential communications privilege? 7. Are communications within the executive privilege absolutely protected by the Constitution? Explain. 8. What must be shown to overcome this privilege? 9. Is executive privilege a bar to the possible disclosure of crime or wrongdoing?

Gudani v. Senga 498 SCRA 671, 15 August 2005

Page 12 of 16

10. How should the claim of executive privilege be invoked? 11. What are required of the Senate Committee conducting the inquiry when inviting a person to appear before it?

piecemeal change in the Constitution, while revision is the revamp or the rewriting of the entire instrument. But amendment is the generic term used to denote change in the Constitution.

3. May amendments to the Constitution be

AMENDMENTS Lambino v. Comelec, 25 October 2006 proposed directly by the people through an initiative petition? Why? Sec.2, Art. 17 Amendments to the Constitution may likewise be directly proposed by the people upon petition of at least 12% of the total no. of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. Congress shall provide for the implementation of the exercise of this right. Santiago v. Comelec 270 SCRA 106, 19 March 1997

1. What are the two essential elements for a

petition to be considered to valid under Sec. 2, Article XVII of the Constitution on amendments directly proposed by the people through initiative? How can these elements be met? (1) People must author and signed the entire proposal. No agent or representative can sign on their behalf; (2) as an initiative of the petition, the proposal must be embodied in a petition. if the full text of the proposed amendments is first shown to the people who express their assent by signing such complete proposal in a petition. What is the difference between amendment and revision of the Constitution? An amendment envisages an alteration of one or a few specific and separable provisions. The guiding original intention of an amendment is to improve specific parts or to add new provisions deemed necessary to meet new conditions or to suppress specific portions that may have become obsolete or that are judged to be dangerous. In revision, on the other hand, broadly implies a change that alters a basic principle in the constitution. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution. Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended. (By Nacura) Revision contemplates a total overhaul of the Constitution. Amendment is the isolated or

1. Is

2.

the system of initiative on the Constitution under the Constitution selfexecutory? Why? No, non-self executory. Congress shall provide law. 2. May the people directly propose amendments to the Constitution through the system of initiative? Why? 3. What is the general rule on delegation of powers? What has been delegated cannot be delegated (potestas delegate non delegari potest). 4. What are the exceptions? (1) delegation of tariff to the President; (2) delegation of emergency powers; (3) delegation to the people at large; (4) delegation to local governments; and (5) delegation to administrative bodies. 5. What are the tests of a valid delegation? In every case of permissible delegation, there must be showing that the delegation itself is valid. It is valid if the law (1) is complete in itself, setting forth the policy to be executed, carried out or implemented by the delegate and (2) fixes the standard the limits of which are sufficiently determinate and determinable-to which the delegate must conform in the performance of his functions.

Page 13 of 16

CITIZENSHIP Mercado v. Manzano 307 SCRA 631, 26 May 1999

3.

1. What is the difference between dual

citizenship and dual allegiance? DUAL CITIZENSHIP (involuntary) is a result of the concurrent application of the different law of two or more states, a person is simultaneously considered as national by said states. DUAL ALLEGIANCE (results of individuals volition), refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. Are persons with dual citizenship disqualified from running for any elective local government positions? No, the phrase dual citizenship in RAs 7160 & 7854 must be understood as referring to dual allegiance. Consequently, persons with mere dual citizenship do not fall under this disqualification. Unlike those with dual allegiance, who must therefore, be subject to strict process with respect to the termination of their status, for candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they elect Phil. Citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states. How may dual citizens repudiate their foreign citizenship so as to qualify them to run for elective government offices? The filing of certificate of candidacy sufficed to renounce his American citizenship, effectively removing any disqualification he might have as a dual citizen.

2.

4.

regardless of the place of childs birth, as opposed to JUS SOLI which determines nationality on the basis of birth place. Under the CA 63, how may a Filipino citizen lose his citizenship? 1. Naturalization in a foreign country; 2. By express renunciation of citizenship; 3. By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining 21 y.o. or more; 4. By accepting commission in the military, naval, or air service of a foreign country; 5. By cancellation of the certificate of naturalization; 6. By having been declared by competent authority a deserter of the Phil. Armed in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and 7. In case a woman, upon her marriage to a foreigner if by virtue of the laws in force in her husbands country, she acquires his nationality. What is required for renunciation to be effective? Filing of cert. of candidacy sufficed to renounced foreign citizenship, effective removing any disqualification as dual citizen. This is so because, one declares by he is a Filipino citizen and that he will support and defend the Constitution and will maintain true faith and allegiance thereto. Such declaration, which is under oath, operates an effective renunciation of foreign citizenship.

Nicolas-Lewis v. Comelec, 497 SCRA 2006

3.

1. How may former natural born citizens of

the Philippines who lose their Philippine citizenship by reason of naturalization as citizens of a foreign country reacquire Philippine citizenship? RA 9225, the Citizenship Retention and Re-Acquisition Act of 2003. What are the civil and political rights of those who reacquire Philippine citizenship under RA 9225? Right to suffrage; seeking elective public office in the Phils.; right to be appointed to any public office; right to practice their profession in the Phils. Do dual citizens have to actually establish residence and physically stay in the Philippines first before they can exercise their right to vote? Why? No, considering the unison intent of the Constitution and RA 9189 and the expansion of the scope of that law with

2.
Valles v. Comelec,337 SCRA 543

1. What is the principle that is the basis of

acquisition of Philippine citizenship? JUS SANGUINIS - confers citizenship by virtue of blood relationship. Distinguish the principles of jus sanguinis and jus soli? JUS SANGUINIS, a child follows the nationality of citizenship of the parents

3.

2.

Page 14 of 16

4.

the passage of RA 9225, the irresistible conclusion is that duals may now exercise the right to suffrage thru absentee voting scheme and as overseas absentee voters. How may dual citizens abroad exercise their right of suffrage? Thru (1) Absentee Voting refers to process by which qualified citizens of the Phil. Abroad exercise their right to vote; (2) Overseas Absentee Voter refers to a citizen of the Phil. Who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of election.

Advocates v. Datumanong 523 SCRA 109

1.

2.

What are the basic provisions of RA 9225? RA 9225, An Act Making the Citizenship of the Phil. Citizens Who Acquire foreign Citizenship of Phil. Permanent, Amending for the Purpose of CA 63. Declaration of Policy-It is hereby declared the policy of the State that all Phil. Citizens who become citizens of another country shall be deemed not to have lost their Phil. Citizenship under the conditions of the Act. Is RA9225 constitutional? Why? Yes, because the intent of legislature in drafting RA 9225 is to do away with provision in CA 63 which takes away Phil. Citizenship from natural-born Filipinos who become naturalized of other countries. It does not recognize dual allegiance.

suspension of writ of habeas corpus, such revocation shall not be set aside by the President. Emergency Power (Sec.23, Art.6) The President may not exercise the emergency power. There must be law authorizing its exercise because is only a delegated power. Power to fix tariff rates (Sec.26, Art.6) The Congress may by law, authorize the President to fix within specified limits and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharf age dues, and other duties or impositions and other duties w/in the framework of the national development program of the Govt.

2. Give three (3) ways by which Congress can check the exercise of power by the Supreme Court. Briefly explain each.

3. Give one (1) way by which the President can check the exercise of power by Congress. Briefly explain.

VERY IMPORTANT QUESTIONS 1. Give five (5) ways by which Congress can check the exercise of power by the President? Briefly explain each. 4. Give one (1) way by which the President can check the exercise of power by the Supreme Court. Briefly explain.

Powers as Commander in Chief (Sec. 18, Art.7) The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation of martial law or

5. Give one (1) way by which the Supreme Court can check the exercise of power

Page 15 of 16

by the President and Congress. Briefly explain. EXPANDED POWER OF JUDICIAL REVIEW (Par. 2 Sec.1, Art.8) To determine whether or not there has been a grave abuse of discretion amounting to lack or excess or jurisdiction on the part of any branch or instrumentality of the Govt. Also known as extraordinary power of the court. This part of the definition adversely affects the Political Question Doctrine which has been greatly diminished.

Page 16 of 16