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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

A. GENERAL CONSIDERATIONS therefore cannot give rise to a cause of action in


the courts; they do not embody judicially
Tondo Medical v. Court of Appeals enforceable constitutional rights.
II. No. The Constitution grants the
527 SCRA 746; July 17, 2007 President the power to reorganize the Office of
the President and the agencies under it, which
Topic: General Considerations
includes DOH, in recognition of the recurring
Facts: In 1999, the DOH launched the HSRA need of every President to reorganize his or her
(Health Sector Reform Agenda), a reform office ―to achieve simplicity, economy and
agenda developed by the HSRA Technical efficiency. The President may, by executive or
Working Group. administrative order, direct the reorganization
Petitioners alleged that the implementation of of government entities under the Executive
the reforms had resulted in making free Department.
medicine and free medical services inaccessible
to economically disadvantaged Filipinos. Thus,
they alleged that the HSRA is void for being in BCDA v. COA
violation of the following constitutional
provisions: ART. III, SEC. 1; ART II, SECS. 5, 508 SCRA 295; February 26, 2009
9, 10, 11, 13, 15, and 18; ART XV, SECS. 1 and
Topic: General Considerations
3.; ART. XIII, SECS. 11 and 14.
Furthermore, they argued that E.O. No. 102 Facts: In 1992, Congress approved Republic
should be enacted by Congress in the exercise Act (RA) No. 7227 creating the Bases
of its legislative function and therefore void, Conversion and Development Authority
having been issued in excess of the President‘s (BCDA). The BCDA Board of Directors
authority. (Board) shall adopt a compensation and benefit
scheme at least equivalent to that of the Bangko
Issue: Sentral ng Pilipinas (BSP).
In 1996, the Board adopted a new
I. Whether or not the HRSA is void for
compensation and benefit scheme which was
violating the provisions of the
consequently approved by President Ramos. In
constitution
the following years, BCDA officials and
II. Whether or not President‘s enactment
employees, as well as full time consultants,
of E.O. No. 102 is in excess of his
received year-end benefits similar to that given
authority
to BSP officials and employees.
Ruling: According to Commission on Audit, this grant
of year-end benefit to Board members, as well
I. No. Some of the provisions invoked in as to full-time consultants, was contrary to
the case at bare were taken from Art. II which Department of Budget and Management
the Court categorically ruled to be non-self- (DBM)‘s Circular Letter No. 2002-2.
executing in some jurisprudence and do not
require future legislation for their enforcement.
They merely lay down a general principle and
UNIVERSITY OF SANTO TOMAS | FACULTY OF CIVIL LAW | 1D 2014-2015 1
|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Issue: Whether or not the Board members and and damaging marine resources, in violation of
full-time consultants are entitled to the year-end relevant constitutional provisions; and lastly,
benefit because President Ramos approved the that the classification of the Kalayaan Island
granting and that they have been receiving it Group (KIG), as well as the Scarborough Shoal
since 1997. (bajo de masinloc), as a ―regime of islands‖
pursuant to UNCLOS results in the loss of a
Ruling: No. The State is not estopped from large maritime area but also prejudices the
correcting a public officer‘s erroneous livelihood of subsistence fishermen.
application of a statute, and an unlawful practice,
no matter how long, cannot give rise to any Issue: Whether or not the contentions of the
vested right. petitioners are meritorious.

Ruling: No. RA 9522, or UNCLOS, itself is


not a means to acquire, or lose, territory The
law did not decrease the demarcation of our
B. STATE
territory. In fact it increased it. If any, the
baselines law is a notice to the international
Magallona v. Ermita
community of the scope of the maritime space
655 SCRA 476; August 16, 2011 and submarine areas within which States parties
exercise treaty-based rights. The law did not
Topic: National Territory abandon the Sabah claim as provided in Sec. 2.,
stating that the definition of the baselines of the
Facts: In 1961, Congress passed RA 3046
territorial sea is without prejudice to the
demarcating the maritime baseline of the
delineation of the baselines of the territorial sea
Philippines as an archipelagic State in
around the territory of Sabah, over which the
accordance with the Convention on the
Republic of the Philippines has acquired
Territorial Sea and the Contiguous Zone in
dominion and sovereignty. Our country
1958 (UNCLOS I). In March 2009, Republic
exercises sovereignty over these archipelagic
Act 9522 (Baselines Law), an act defining the
waters and UNCLOS itself recognizes that.
archipelagic baselines of the Philippines, was
However, due to the observance of
enacted to comply with the terms of the
international law, we allow the exercise of
UNCLOS III.
others of their right of innocent passage. No
Petitioners assailed that RA 9522 is
modern State can validly invoke its sovereignty
unconstitutional because it decreased the
to absolutely forbid innocent passage that is
national territory of the Philippines; it
exercised in accordance with customary
abandoned the demarcation set by the Treaty of
international law without risking retaliatory
Paris and other ancillary treaties which resulted
measures from the international community.
to the exclusion of our claim over Sabah; it
Lastly, the classification of the KIG as well
opens our waters landward of the baselines to
as the Scarborough Shoal, as a regime of islands
maritime passage by all vessels (innocent
did not diminish our maritime area.
passage) and aircrafts (overflight), undermining
Philippine sovereignty and national security, They generate their own maritime zones – in
short, they are not to be enclosed within the
contravening the country‘s nuclear-free policy,
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

baselines of the main archipelago (which is the from its status as a binding international
Philippine Island group). Nevertheless, agreement or treaty recognized by the said State.
Philippines still continue to lay claim over these
regimes of islands.
Shipside Inc. v. Court of Appeals

Nicolas v. Romulo 352 SCRA 334; February 20, 2001

578 SCRA 438; February 11, 2009 Topic: Government

Topic: Act of State Facts: The Office of the Solicitor General


received a letter regarding orders and decision
Facts: In November 2005, Daniel Smith, a of trial court of a land registration cases which
member of the US Armed have not been executed by Register of Deeds
Forces, committed the crime of rape against despite receipt of the writ of execution issued
Nicole and was convicted of the said crime. 24 years ago. OSG filed for revival of judgment
Pursuant to the Visiting Forces Agreement, a and cancellation of titles against heirs of Rafael
treaty between the US and Philippines, and the Galvez, petitioner Shipside Inc. included. The
Romulo-Kenney Agreement, the US embassy Solicitor General argues that the action for
was granted custody over Smith. cancellation of land title is imprescriptible
Petitioners assailed the validity of the VFA because the land is a part of Camp Wallace
contending that it was not ratified by the US which belongs to the government.
senate in the same way our senate ratified the
VFA. Petitioner contended that the Republic is not
the real party-in-interest because the property
ISSUE: Whether or not VFA is void and was under the administration and ownership of
unconstitutional Bases Conversion Development Authority
(BCDA) and it is therefore barred by
HELD: No. The VFA is a self-executing prescription.
agreement. It is simply an implementing Issue:
agreement to the main RP-US Military Defense
Treaty, the instrument agreed upon to provide I. Whether or not the Republic is the
for the joint RP-US military exercises. The VFA proper party
is covered by implementing legislation inasmuch II. Whether or not BCDA exercises
as it is the very purpose and intent of the US ministrant or constituent functions of the
Congress that executive agreements registered government
under this Act within 60 days from their
Ruling:
ratification be immediately implemented. The
SC noted that the VFA is not like other treaties I. No. With the transfer of Camp Wallace
that need implementing legislation such as the to the BCDA, the government is therefore not a
Vienna Convention. Therefore, the fact that the real party in interest and it may not institute the
VFA was not submitted for advice and consent instant action. Nor may it raise the defense of
of the United States Senate does not detract imprescriptibility, the same being applicable
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

only in cases where the government is a party in 04 is an invalid exercise of respondent


interest. Secretary‘s control and supervision.
II. Neither. BCDA is an entity invested Issue: Whether or not VFP is a private
with a personality separate and distinct from the corporation.
government. While public benefit and public
welfare may be attributable to the operation of Ruling: No. Petitioner VFP is a public
the BCDA, yet it is certain that the functions corporation. As such, it can be placed under the
performed by the BCDA are basically control and supervision of the Secretary of
proprietary in nature and it is not a government- National Defense.
function corporation invested with
governmental attributes. Having the capacity to
sue or be sued, it should thus be the BCDA Ramiscal v. Sandiganbayan
which may file an action to cancel petitioner‘s
499 SCRA 375; August 18, 2006
title, not the Republic. The rule that
prescription does not run against the State does Topic: Government
not apply to corporations or artificial bodies
created by the State for special purposes Facts: The Senate Blue Ribbon Committee
carried out an extensive inquiry into the "coup
rumors and the alleged anomalies" in the Armed
Forces of the Philippines-Philippine Retirement
VFP v. Reyes
Benefits Systems (AFP-RSBS).
483 SCRA 526; February 28, 2006 The Senate Blue Ribbon Committee outlined,
among others, anomalies in the acquisition of
Topic: lots in Tanauan, Batangas, Calamba, Laguna and
Facts: Veterans Federation of the Philippines Iloilo City by the AFP-RSBS. The Ombudsman
(VFP) is a corporate body organized under R.A. found probable cause for the commission of
2640. Respondent Department of National one hundred forty eight (148) counts of estafa
Defense Secretary issued a DND Department thru falsification of public document and
Circular No. 04 regarding the implementation another one hundred forty eight (148) counts of
of provisions of R.A. 2640. A department order violation of R.A. 3019 against petitioner Gen.
directed the conduct of a Management Audit of Jose Ramiscal Jr., past AFP-RSBS president,
the VFP. Petitioner complained about the who signed the unregistered deeds of sale
alleged broadness of the scope of the covering the acquisition of certain parcels of
management audit and requested the suspension lands. Criminal cases were filed against the
thereof. Furthermore, petitioner argued that the petitioner and raffled to Divisions of
Department Circular No. 04 expanded the Sandiganbayan.
scope of ―control and supervision‖ beyond
what has been laid down in R.A. 2640. Issue: Whether or not Sandiganbayan has
Petitioner claims that it is not a public nor a jurisdiction over the offenses charged.
governmental entity but a private organization, Ruling: Yes. AFP-RSBS is a government-
the issuance of DND Department Circular No. owned and controlled corporation, and that its

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

funds are in the nature of public funds. R.A. No. AFP military retirement system. It is similar to
8249 states that the Sandiganbayan has exclusive GSIS and SSS. The Supreme Court has ruled
jurisdiction over offenses committed by that the character and operations of AFP-RSBS
presidents, directors, trustees or managers of are imbued with public interest and thus the
government owned or controlled corporations same is a government entity and its funds are in
and over offenses committed by public officers the nature of public funds and that it is also a
and employees in relation to their office, GOCC. Furthermore, it is the position held and
whether simple or complexed with other crimes. not the salary grade which determines the
The charge against petitioner is estafa through jurisdiction of the Sandiganbayan. Petitioners
falsification of public document in the Alzaga et. al‘s ranks were Vice Presidents and
performance of his duties and in relation to his Assistant Vice President, though not specifically
position as president of the AFP-RSBS. enumerated in the law, are even higher than
―manager‖ and are therefore within the
jurisdiction of Sandiganbayan.
Alzaga v. Sandiganbayan

505 SCRA 848; October 27, 2006 Javier v. Sandiganbayan


Topic: Government 599 SCRA 324; September 11, 2009
Facts: Charges were filed against petitioners Topic: Government
Alzaga et. al relative to alleged irregularities
which attended the purchase of four lots by the Facts: Carolina Javier was appointed as private
Armed Forces of the Philippines Retirement sector representative to the National Book
and Separation Benefits System (AFP-RSBS). Development Board (NBDB) which is under
They filed motions to dismiss the case the administration and supervision of the Office
contending that the Sandiganbayan has no of the President. She was tasked to attend an
jurisdiction because AFP-RSBS is a private international book fair, with paid traveling
entity created for the benefit of its members and expenses, but failed to do so. She was charged
their positions do not fall within its jurisdiction. with Malversation of Public Funds for not
Sandiganbayan granted their motions to dismiss, liquidating the cash advance granted to her in
however, it later reversed its decision stating connection with her supposed trip.
that AFP-RSBS is a government-owned or Petitioner argued that she is not a public officer,
controlled corporation thus subject to its only a private sector representative, and is
jurisdiction. It also found that the positions of therefore cannot be held liable for crimes
the petitioners are covered and embraced by PD imputed against her and is outside
No. 1606, thus under its jurisdiction. Sandiganbayan‘s jursidicition

Issue: Whether or not Sandiganbayan has Issue: Whether or not petitioner is a public
jurisdiction. officer

Ruling: Yes. AFP-RSBS was established to Ruling: Yes. NBDB is a statutory government
guarantee continuous financial support to the agency created by R.A. No. 8047. Petitioner

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

performs public functions in pursuance of the Under Section 133(o) of the Local Government
objectives of R.A. No. 8047, verily, she is a Code, MIAA as a government instrumentality is
public officer who takes part in the not a taxable person because it is not subject to
performance of public functions in the "taxes, fees or charges of any kind" by local
government whether as an employee, agent, governments. The real properties of MIAA are
subordinate official, of any rank or classes. owned by the Republic and thus exempt from
Notwithstanding that petitioner came from the real estate taxes.
private sector to sit as a member of the NBDB,
the law invested her with some portion of the
sovereign functions of the government, so that Phil. Society v. COA
the purpose of the government is achieved.
534 SCRA 112; September 25, 2007

Topic: Government
MIAA v. CA
Facts: Philippine Society for the Prevention of
495 SCRA 591; July 20, 2006 Cruelty to Animal was incorporated as a
Topic: Government juridical entity by virtue of an act over a
hundred years ago. An audit team from
Facts: Manila International Airport Authority respondent Commission on Audit (COA)
(MIAA) operates Ninoy Aquino International visited the office of the petitioner to conduct an
Airport (NAIA) under the MIAA Charter. The audit survey. Petitioner demurred on the ground
Office of the Government Corporate Counsel that it was a private entity and is not under the
(OGCC) issued Opinion No. 061 stating that jurisdiction of COA
the Local Government Code of 1991 withdrew
the exemption from real estate tax granted to Issue: Whether or not petitioner qualifies as a
MIAA under Section 21 of the MIAA Charter. government agency, subject to COA‘s auditing
City of Parañaque, through its City Treasurer, authority.
issued notices of levy and warrants of levy on Ruling: No. A reading of petitioner‘s charter
the Airport Lands and Buildings. It then posted shows that it is not subject to control or
notices of auction sale. supervision by any agency of the State, unlike
Petitioner averred that Airport Lands and government-owned and -controlled
Buildings are owned by the Republic. Justifying corporations. Furthermore, the fact that a
the exemption, petitioner invoked the principle certain juridical entity is impressed with public
that the government cannot tax itself. interest does not necessarily make them a public
corporation. CA is therefore enjoined from
Issue: Whether or not properties of MIAA is investigating, examining, and auditing the
subject to real estate taxes under existing laws. petitioner‘s fiscal and financial affairs.
Ruling: No. Introductory Provisions of the
Administrative Code states that MIAA is a
government instrumentality and not a
government-owned or controlled corporation.
UNIVERSITY OF SANTO TOMAS | FACULTY OF CIVIL LAW | 1D 2014-2015 6
|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Serana v. Sandiganbayan Republic v. Sandiganbayan

542 SCRA 224; January 22, 2008 G.R. No. 104768; July 21, 2003

Topic: Government Topic: Government

Facts: Petitioner Hannah Eunice Serana was Facts: President Corazon C. Aquino issued
appointed as a student regent of the University E.O. No. creating the Presidential Commission
of the Philippines-Cebu. Petitioner, with her on Good Government (PCGG) which is
siblings and relatives, registered with the primarily tasked to recover all ill-gotten wealth
Securities and Exchange Commission the of former President Ferdinand E. Marcos, his
Office of the Student Regent Foundation, Inc. immediate family, relatives, subordinates and
(OSRFI). One of its projects was the renovation close associates. AFP Anti-Graft Board was
of the Vinzons Hall Annex, in which President created to investigate reports of unexplained
Joseph Estrada gave Php 50, 000, 000 as wealth and corrupt practices by AFP personnel.
financial assistance. However, the renovation Respondent Maj. Gen. Josephus Rama was
failed to materialize. The succeeding regent and found having ill-gotten and unexplained wealth.
secretary general of the university‘s system-wide The Solicitor General filed an Amended
alliance of student councils filed complaint for Complaint which prayed for, among others, the
Malversation of Public Funds and Property with forfeiture of respondents‘ properties, funds and
the Office of the Ombudsman which was later equipment in favor of the State. Sandiganbayan
on filed to Sandiganbayan as a crime of estafa. dismissed the Amended Complaint.

Petitioner argued that as a student regent, she Issue: Whether or not PCGG has jurisdiction
was not a public officer and Sandiganbayan had to investigate and cause the filing of a forfeiture
no jurisdiction over her case. petition against private respondents.

Issue: Whether or not petitioner UP student Ruling: No. There are two categories of AFP
regent is a public officer personnel under Sec. 2 of E.O. 1 which the
PCGG can investigate: (1) AFP personnel who
Ruling: Yes. Delegation of sovereign functions have accumulated ill-gotten wealth during the
is essential in the public office. An investment administration of former President Marcos by
in an individual of some portion of the being the latter‘s immediate family, relative,
sovereign functions of the government, to be subordinate or close associate, taking undue
exercised by him for the benefit of the public advantage of their public office or using their
makes one a public officer. The administration powers, influence or (2) AFP personnel
of the UP is a sovereign function in line with involved in other cases of graft and corruption
Article XIV of the Constitution. provided the President assigns their cases to the
PCGG. Since it was not claimed that the
President assigned Ramas case to PCGG, his
case falls under the first category. However,
Ramas was not a ―subordinate‖ of former
President Marcos under E.O. 1. Mere position

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

held by a military officer does not automatically Sequestration and Return of Sequestered
make him a ―subordinate‖. Shares/Dividends", praying that his shares of
stock be released from sequestration and
returned, delivered or paid to him as part of the
parties‘ Compromise Agreement.

C. STATE IMMUNITY ISSUE: Whether or not the State through the


Presidential Commission on Good Government
REPUBLIC OF THE PHILIPPINES v. can invoke state immunity.
SANDIGANBAYAN (SECOND
DIVISION) and ROBERTO S. RULING: No. When the government enters
BENEDICTO into a contract, for the State is then deemed to
have divested itself of the mantle of sovereign
G.R. No. 129406; March 6, 2006 immunity and descended to the level of the
ordinary individual. Having done so, it becomes
Topic: Doctrine of State Immunity a subject to judicial action and processes.

Facts: The PCGG issued writs placing under In fact, by entering into a Compromise
sequestration all business enterprises, entities Agreement with private respondent Benedicto,
and other properties, real and personal, owned petitioner Republic thereby stripped itself of its
or registered in the name of private respondent immunity from suit and placed itself in the same
Benedicto, or of corporations in which he level of its adversary. When the State enters into
appeared to have controlling or majority interest. contract, through its officers or agents, in
Among the properties thus sequestered and furtherance of a legitimate aim and purpose and
taken over by PCGG fiscal agents were the 227 pursuant to constitutional legislative authority,
shares in NOGCCI owned by him and whereby mutual or reciprocal benefits accrue
registered in his name. Following the and rights and obligations arise there from, the
sequestration process, the Board of Directors of State may be sued even without its express
NOGCCI passed a resolution increasing the consent, precisely because by entering into a
monthly membership due of P150.00 to contract the sovereign descends to the level of
P250.00 for each NOGCCI share. The PCGG the citizen. Its consent to be sued is implied
failed to pay the corresponding monthly from the very act of entering into such
membership due. On account thereof, the 227 contract,26 breach of which on its part gives the
sequestered shares were declared delinquent to corresponding right to the other party to the
be disposed of in an auction sale. In a agreement.
Compromise Agreement entered into by the
petitioner Republic and the private respondent,
they agreed to lift the sequestration on the 227
NOGCCI shares and recognition by petitioner
Republic that the subject shares of stock could
not have been ill-gotten. Private respondent
Benedicto filed a "Motion for Release from

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

DEPARTMENT OF HEALTH, ET. AL v. RULING: No. The defense of immunity from


PHIL. PHARMAWEALTH INC. suit will not avail despite its being an
unincorporated agency of the government, for
G.R. No. 169304; March 13, 2007 the only causes of action directed against it are
preliminary injunction and mandamus. Under
TOPIC: Doctrine of State Immunity Section 1, Rule 58 of the Rules of Court,
preliminary injunction may be directed against a
FACTS: DOH Secretary Romualdez, Jr. issued party or a court, agency or a person. Moreover,
A.O No. 27, as amended by A.O. No.10, the defense of state immunity from suit does
providing for additional guidelines for not apply in causes of action which do not seek
accreditation of drug suppliers aimed at to impose a charge or financial liability against
ensuring that only qualified bidders can transact the State.
business with petitioner DOH. Respondent
submitted to DOH a request for the inclusion In the present case, suing individual petitioners
of additional items in its list of accredited drug in their personal capacities for damages in
products, including the antibiotic ―Penicillin G connection with their alleged act of ―illegally
Benzathine. An invitation for Bids for the abusing their official positions to make sure that
procurement of Penicillin G Benzathine was plaintiff Pharmawealth would not be awarded
issued. Despite the lack of response from DOH the Benzathine contract done in bad faith and
regarding Pharmawealth‗s request, the latter with full knowledge of the limits and breadth of
submitted its bid for the Penicillin G their powers given by law is permissible, in
Benzathine contract and gave the lowest bid consonance with the foregoing principles. For
thereof. . In view, however, of the non- an officer who exceeds the power conferred on
accreditation of respondent‗s Penicillin G him by law cannot hide behind the plea of
Benzathine product, the contract was awarded sovereign immunity and must bear the liability
to Cathay/YSS Laboratories‘ personally.
(YSS). Respondent filed a complaint for
injunction, mandamus and damages, praying the EPG CONSTRUCTION CO., ET. AL v.
nullification of award of the Penicillin G DPWH, SEC. VIGILAR
Benzathine contract to YSS Laboratories, Inc.
and direct petitioners DOH et al. to declare G.R. No. 131544; March 16, 2001
Pharmawealth as the lowest complying
responsible bidder for the Benzathine contract, Topic: Doctrine of State Immunity
and that they accordingly award the same to
plaintiff company. Petitioners DOH et al. Facts: The Ministry of Human Settlement,
subsequently filed a motion to dismiss praying through the BLISS Development Corporation,
for the dismissal of the complaint based on the initiated a housing project on a government
doctrine of state immunity. property. For this purpose, it entered into a
MOA with the Ministry of Public Works and
ISSUE: Whether or not petitioners are clothed Highways. By virtue of the MOA, MPWH
with immunity from suit. forged individual contracts with herein

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

petitioners EPG Construction Co.,et. al. By patent on its face, and allow itself to be an
reason of the verbal request and assurance of instrument in the perpetration thereof. Justice
DPWH Usec. Canlas that additional funds and equity sternly demand that the State‘s cloak
would be available and forthcoming, petitioners of invincibility against suit be shred in this
agreed to undertake and perform ―additional particular instance, and that petitioners–
constructions‖ for the completion of the contractors be duly compensated – on the basis
housing units, despite the absence of of quantum meruit– for construction done on
appropriations and written contracts to cover the public works housing project.
subsequent expenses for the ―additional
constructions.‖ But it was not issued by the REPUBLIC v. HIDALGO
DPWH. Petitioners sent a demand letter to the
DPWH Secretary. The DPWH Auditor did not A.M. NO. RTJ-05-1959; DECEMBER 9, 2005
object to the payment subject to whatever
action COA may adopt. Through the request of TOPIC: Doctrine of State Immunity
then DPWH Sec. De Jesus, the DBM released
the amount for payment but Sec. Vigilar denied FACTS: Tarcila Laperal Mendoza filed
the money claims prompting petitioners to file a an action for the annulment or
petition for mandamus. Among others, declaration of nullity of the title and deed of
respondent-secretary argues that the state may sale, reconveyance and/or recovery of
not be sued invoking the doctrine of non- ownership and possession of a 4,924.60 sq. m.
suability of the State also known as Royal property against the Republic of the Philippines
Prerogative of Dishonesty. in the RTC Manila. The property in question is
located at 1440 Arlegui Street, San Miguel,
ISSUE: Whether or not the respondent may Manila. It is also known as the Arlegui
invoke the doctrine of non-suability or Royal Residence which housed two (2) Philippine
Prerogative of Dishonesty. presidents and which now holds the Office of
the Press Secretary and the News Information
RULING: No. It may not validly invoke Bureau. The case was intially dismissed by the
the Royal Prerogative of Dishonesty and presiding Judge of the RTC Manila on the
conveniently hide under the State‘s cloak of ground of state immunity. But the case was re-
invincibility against suit, considering that this raffled to the Manila RTC with respondent
principle yields to certain settled Judge Vicente A. Hidalgo as presiding Judge. In
exceptions. True enough, the rule, in any case, an order, he declared that the Republic in
is not absolute for it does not say that the state default for failure of the Solicitor general, to file
may not be sued under any circumstance. ―The the required answer within the period prayed
doctrine of governmental immunity from suit for in his motion for extension. It is contended
cannot serve as an instrument for perpetrating that the respondent Judge violated the
an injustice on a citizen.‖ fundamental rule that the government funds are
exempt from execution of garnishment against
As the staunch guardian of the citizens‘ rights the issuance of the writ of execution against the
and welfare – cannot sanction an injustice so Republic.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

ISSUE: Whether or not the Republic of the Garnishment, contending that the funds being
Philippines can invoke immunity from suit. subjected to garnishment at PNB are
government/public funds. UP further argued
RULING: It is settled that when the State gives that as public funds, cannot be disbursed except
its consent to be sued, it does not thereby pursuant to an appropriation required by law.
necessarily consent to an unrestrained execution
against it. When the State waives its immunity, ISSUE: Whether or not University of the
all it does, in effect, is to give the other party an Philippines can invoke immunity from suit.
opportunity to prove, if it can, that the State has
a liability. RULING: UP is a juridical personality separate
and distinct from the government and has the
The functions and public services rendered by capacity to sue and be sued. Thus, also like
the State cannot be allowed to paralyzed or NEA, it cannot evade execution, and its funds
disrupted by the diversion of public funds from may be subject to garnishment or levy. However,
legitimate and specific objects, as appropriated before execution may be had, a claim for
by law. payment of the judgment award must first be
filed with the COA. Under Commonwealth
Act No. 327, as amended by Section 26 of P.D.
LOCKHEED DETECTIVE AND
No. 144, it is the COA which has primary
WATCHMAN AGENCY, INC., v.
jurisdiction to examine, audit and settle ―all
UNIVERSITY OF THE PHIILIPPINES
debts and claims of any sort‖ due from or
owing the Government or any of its
G.R. No. 161657; October 4, 2007
subdivisions, agencies and instrumentalities,
including government-owned or controlled
TOPIC: Doctrine of State of Immunity
corporations and their subsidiaries. With
respect to money claims arising from the
FACTS: Petitioner Lockheed Detective and
implementation of Republic Act No. 6758, their
Watchman Agency, Inc. entered into a contract
allowance or disallowance is for COA to decide,
for security services with respondent University
subject only to the remedy of appeal by petition
of the Philippines. In 1998, several security
for certiorari to this Court.
guards assigned to UP filed separate complaints
against Lockheed and UP for payment of MINUCHER v. COURT OF APPEALS
underpaid wages, 25% overtime pay, premium G.R. No. 142396. February 11, 2003
pay for rest days and special holidays, holiday
pay, service incentive leave pay, night TOPICS: Doctrine of State Immunity
shift differentials, 13th month pay, refund of
cash bond, refund of deductions for the Mutual FACTS: Petitioner Khosrow Minucher, Iranian
Benefits Aids System (MBAS), unpaid wages national and one Abbas Torabian was charged
from December 16-31, 1998, and attorney‘s fees. for violation of Section 4, RA No. 6425
The Labor Arbiter rendered a decision declaring ―Dangerous Drugs Act of 1972” This was followed
that UP is solidarily liable with Lockheed in the by a ―buy-bust operation‖ conducted by the
payment of the rests of the claims covering their Philippine Police Narcotic agents in the house
service contract. UP filed a Motion to Quash
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of Minucher, where a quantity of heroin, was who possesses an acknowledged diplomatic title
said to have been seized. The narcotic agents and ―performs duties of diplomatic nature.‖
were accompanied by private respondent
Arthur Scalzo who became one of the principal CHINA NATIONAL MACHINERY &
witnesses for the prosecution. Presiding Judge EQUIPMENT CORP. (Group) v.
Eutropio Migrino rendered a decision acquitting SANTAMARIA
the two accused. Minucher filed a case against
the private respondent Scalzo on account of G.R. No. 185572; February 7, 2012
what he claimed to have been trumped-up
charges of drug trafficking. Private respondent TOPIC: Doctrine of State Immunity
Scalzo asserted his diplomatic immunity.
According to him, being a special agent of the FACTS: The petitioner, China National
US Drug Enforcement Administration, he is Machinery & Equipment Corp. (Group) ,
entitled to diplomatic immunity. designated by the Republic of China as its prime
contractor for the Northrail Project of the
ISSUE: Whether or not Arthur Scalzo is Republic of the Philippines, as certified by its
entitled to diplomatic immunity. Chinese Ambassador, claimed sovereign
immunity in connection with a suit against it
RULING: Arthur Scalzo, an agent of the based on its Memorandum of Understanding
United States Drug Enforcement Agency with the North Luzon Railways Corporation. It
allowed by the Philippine government to contends that it performs governmental
conduct activities in the country to help contain functions.
the problem on the drug traffic, is entitled to
the defense of state immunity from suit. ISSUE: Whether or not CNMECG can invoke
immunity from suit.
Only "diplomatic agents," under the terms of
RULING: Even assuming arguendo that
the Vienna Convention, are vested with blanket
CNMEG performs governmental functions,
diplomatic immunity from civil and criminal
such claim does not automatically vest it with
suits. Indeed, the main yardstick in ascertaining
immunity. Its designation as the Primary
whether a person is a diplomat entitled to
Contractor does not automatically grant it
immunity is the determination of whether or
immunity, just as the term ―implementing agency‖
not he performs duties of diplomatic nature.
has no precise definition for purposes of
ascertaining whether GTZ was immune from
Vesting a person with diplomatic immunity is a
suit. Although CNMEG claims to be a
prerogative of the executive branch of the
government-owned corporation, it failed to
government. The government of the United
adduce evidence that it has not consented to be
States itself, which Scalzo claims to be acting for,
sued under Chinese law. Thus, following this
has formulated its standards for recognition of a
Court‘s ruling in Deutsche Gesellschaft, in the
diplomatic agent. The State Department policy
absence of evidence to the contrary, CNMEG is
is to only concede diplomatic status to a person
to be presumed to be a government-owned and -
controlled corporation without an original

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charter. As a result, it has the capacity to sue and by the Zurich court. It made then
be sued under Section 36 of the Corporation representation before the Office of the Solicitor
Code. General and Presidential Commission on Good
Governance for them to officially advise the
By the terms of the Contract Agreement, Swiss Federal Office to unfreeze their assets.
Northrail is a government-owned or -controlled The PCGG required Officeco to present
corporation, while CNMEG is a corporation evidence to support their petition. Instead of
duly organized and created under the laws of the complying with the requirement, Officeco
People‘s Republic of China. Thus, both Northrail instituted a civil case before public respondent
and CNMEG entered into the Contract Sandiganbayan with a prayer that Officeco‘s
Agreement as entities with personalities distinct account be unfreezed and excluded from
and separate from the Philippine and Chinese sequestration. The PCGG and OSG appealed
governments, respectively. before the Sandiganbayan but such was denied.
Neither can it be said that CNMEG acted as
agent of the Chinese government. Amb. Wang ISSUE: Whether or not Act of State Doctrine
described CNMEG as a ―state corporation‖. It may be invoked by PCGG.
did not mean it was to perform sovereign
functions on behalf of China. That label was only RULING: The parameters of the use of the act
descriptive of its nature as a state-owned of state doctrine were clarified in Banco Nacional
corporation, and did not preclude it from de Cuba v. Sabbatino. There, the U.S. Supreme
engaging in purely commercial or proprietary Court held that international law does not
ventures. require the application of this doctrine nor does
it forbid the application of the rule even if it is
PRESIDENTIAL COMMISSION ON claimed that the act of state in question violated
GOOD GOVERNANCE v. international law. Moreover, due to the
SANDIGANBAYAN doctrine‘s peculiar nation-to-nation character, in
practice the usual method for an individual to
G.R. No. 124772; August 14, 2007 seek relief is to exhaust local remedies and then
repair to the executive authorities of his own
TOPICS: Act of State Doctrine state to persuade them to champion his claim in
diplomacy or before an international tribunal.
FACTS: The case at bar emanates from a letter
Even assuming that international law requires
of the Office of the Solicitor General to the
the application of the act of state doctrine, it
Federal Office for Police Matters in Bene,
bears stressing that the Sandiganbayan will not
Switzerland regarding the sequestration and
examine and review the freeze orders of the
restitution of the alleged ill-gotten wealth of the
concerned Swiss officials in Civil Case No. 0164.
Marcoses. The Office of the District Attorney
The Sandiganbayan will not require the Swiss
in Zurich respond to such request and as an
officials to submit to its adjudication nor will it
effect, the Banker‘s Trust A.G. (BTAG) of
settle a dispute involving said officials. In fact,
Zurich froze the accounts of Officeco Holdings,
as prayed for in the complaint, the
N.V. Officeco appealed but such was dismissed
Sandiganbayan will only review and examine the
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propriety of maintaining PCGG‘s position with proprio dismissing the two criminal cases without
respect to Office‘s accounts with BTAG for the notice to the prosecution, the latter‘s right to
purpose of further determining the propriety of due process was violated. It should be noted
issuing a writ against the PCGG and the OSG. that due process is a right of the accused as
Everything considered, the act of state doctrine much as it is of the prosecution. The needed
finds no application in this case and petitioners‘ inquiry in what capacity petitioner was acting at
resort to it is utterly mislaid. the time of the alleged utterances requires for its
resolution evidentiary basis that has yet to be
LIANG v. PEOPLE presented at the proper time. At any rate, it has
been ruled that the mere invocation of the
G.R. No. 125865. January 28, 2000 immunity clause does not ipso facto result in the
353 SCRA 125 (2001) SEPARATE OPINION dropping of the charges.

TOPICS: Doctrine of State Immunity Slandering a person could not possibly be


covered by the immunity agreement because
FACTS: The petitioner is an economist in the our laws do not allow the commission of a
Asian Development Bank who was charged by crime, such as defamation, in the name of
the Metropolitan Trial Court of Mandaluyong official duty. The imputation of theft is ultra
City for allegedly uttering defamatory words vires and cannot be part of official functions. It
against her fellow worker with two accounts of is well-settled principle of law that a public
grave oral defamation. The Judge then received official may be liable in his personal private
an office protocol from the Department of capacity for whatever damage he may have
Foreign Affairs, stating that the petitioner is caused by his act done with malice or in bad
covered by immunity from legal process under faith or beyond the scope of his authority or
Section 45 of the agreement between ADB and jurisdiction. It appears that even the
the government. The judge, without notice, government‘s chief legal counsel, the Solicitor
dismissed the two criminal cases. Prosecution General, does not support the stand taken by
filed a writ of mandamus and certiorari and petitioner and that of the DFA.
ordered the MeTC judge to enforce the warrant
of arrest. SEPARATE OPINION of JUSTICE
PUNO:
ISSUE: Whether petitioner Liang, as an official
of an international organization, is entitled to The nature and degree of immunities vary
diplomatic immunity. depending on who the recipient is. Under the
Vienna Convention on Diplomatic Relations, a
RULING: Courts cannot blindly adhere and diplomatic envoy is immune from criminal
take on its face the communication from the jurisdiction of the receiving State for all acts,
DFA that petitioner is covered by any immunity. whether private or official, and hence he cannot
The DFA‘s determination that a certain person be arrested, prosecuted and punished for any
is covered by immunity is only preliminary offense he may commit, unless his diplomatic
which has no binding effect in courts. In immunity is waived. On the other
receiving ex-parte the DFA‘s advice and in motu hand, officials of international organizations
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enjoy "functional" immunities, that is, only only pertain to the cleaning of specific pollution
those necessary for the exercise of the functions incidents and do not cover cleaning in general.
of the organization and the fulfillment of its
purposes. ISSUE: Whether or not cleaning Manila Bay is
the ministerial act of the petitioners that can be
induced by mandamus.
- Officials and employees of the ADB are subject
Whether or not Section 17 and 20 of the PD
to the jurisdiction of the local courts for their
1152 only pertain to the specific cleaning of
private acts, notwithstanding the absence of a
pollution and not general cleaning.
waiver of immunity.
- If the immunity does not exist, there is nothing
to certify by the DFA. RULING: The cleaning and rehabilitation of
Manila Bay can be compelled
by mandamus. Petitioners claimed that it is not
their ministerial duty to clean up the bay
D. STATE PRINCIPLES AND because for them it is a discretionary duty which
POLICIES cannot be compelled by mandamus. According to the
Supreme Court, the obligations to perform the
METROPOLITAN MANILA duties (as defined by law) of the petitioners and
DEVELOPMENT AUTHORITY et.al. v. on how they carry out such duties are two
CONCERNEDRESIDENTS OF MANILA distinct concepts. The former pertains to the
BAY discretionary duties of the petitioners while the
latter is their ministerial duty. As for this case, it
G.R. Nos. 171947-48; December 18, 2008 is the discretion of the petitioners to choose not
to perform or to perform their duties as defined
TOPIC: State Principles and Policies by law. And when they have chosen to perform
their duties, the way they carry out those duties
FACTS: The 12 government agencies did not are called ministerial acts.
take notice of the present danger to public It is very clear in their charters that aside from
health and the depletion and contamination of performing their main function as an agency,
the marine life of Manila Bay. According to the they are also mandated to perform certain
concerned residents of Manila Bay, the functions relating directly or indirectly to the
condition of Manila Bay did not match to clean-up, rehabilitation, protection,
intended SB level standard of water quality in and preservation of the Manila Bay.
such a way that recreational activities were
already not allowed. Thus, RTC Manila ordered Section 17 and 20 of P.D. 1152 include cleaning
the government agencies to participate in the in general. Section 17 provides that in case the
cleaning the Bay. It was said that the water quality has deteriorated, the government
government agencies violated the PD 1152 or agencies concerned shall act on it to bring back
the Philippine Environment Code. The the standard quality of water. On the other hand,
petitioners argued that PD 1152‘s provisions Section 20 also mandates the government

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agencies concerned to take action in cleaning-up they are only guidelines for legislative or
in case the polluters failed to do their part. In executive actions.
the succeeding section 62(g) and (h) of the same
Code, provide that oil spilling is the cause of The State has the right to have an order and
pollution that should be done in clean-up objective election. It is the reason why the
operations. COMELEC has the power of their own will to
declare a candidate as a nuisance. The
PAMATONG v. COMELEC qualifications for being a candidate were not
created to discriminate any person. The
G.R. No. 161872; April 13, 2004 impediments to run for office were initiated to
all aspiring candidate and so the ―equal access to
TOPIC: State Principles and Policies public service‖ was not to be violated.

FACTS: Rev. Elly Velez Pamatong filed his Bayan Muna v. Romulo
CoC where the COMELEC had not given its GR No. 159618; February 1, 2011
due course. From the parties involved in the Topic: On Executive Agreement
approval of the certificate, only two
commissioners had voted in favor of the Facts: In 2003, then President Arroyo,
petitioner for the reason that he has his party to represented by the Secretary of Foreign Affairs
back him up. concluded the RP-US Non-Surrender
A Motion for Reconsideration was then filed by Agreement via Exchange of Notes with then
Pamatong which the COMELEC had process. Ambassador Francis J. Ricciardione of the US
The respondent declared that Pamatong is a Embassy. Petitioner parlays the notion that
nuisance candidate who does not have the the Agreement is of dubious validity, partaking as
means to campaign for the national scale. it does of the nature of a treaty; hence, it must
be duly concurred in by the Senate.
A Writ For Certiorari was filed by the petitioner,
praying for a reversal of the previous Issue: Whether or not the agreement needs the
declaration of the respondent. The petitioner concurrence of the Senate to be binding and
contended that his right secured by Section 26 effective.
of Article 2 of the 1987 Constitution was Held: No. The Constitution vests in the
violated. President the power to enter into international
agreements, subject, in appropriate cases, to the
ISSUE: Whether or not COMELEC violated required concurrence votes of the Senate. But
Section 26 of Article 2 of the Constitution. executive agreements may be validly entered
into without such concurrence. As the
RULING: No, there is no law that would grant President wields vast powers and influence, her
such right and that what he only has is a conduct in the external affairs of the nation is,
privilege to run for public office. as Bayan would put it, ―executive
The provisions of the Article 2 of the 1987 altogether.‖ The right of the President to enter
Constitution are not self-executory and that
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into or ratify binding executive agreements has Held: Yes. The holding of the Balikatan 02-1
been confirmed by long practice. must be studied in the framework of the treaty
antecedents to which the Philippines bound
Lim v. Executive Secretary itself, the Mutual Defense Treaty to which the
Visiting Forces Agreement seeks to
GR No. 151445; April 11, 2002 reaffirm. the VFA gives legitimacy to the
Topic: Executive Agreement current Balikatan exercises. It is only logical to
assume that ―Balikatan 02-1,‖ a ―mutual anti-
Facts: In the year 2002, personnel from the terrorism advising, assisting and training
armed forces of the United States of America exercise,‖ falls under the umbrella of sanctioned
started arriving in Mindanao to take part, in or allowable activities in the context of the
conjunction with the Philippine military, in agreement. Both the history and intent of the
―Balikatan 02-1.‖ These so-called ―Balikatan‖ Mutual Defense Treaty and the VFA support
exercises are the largest combined training the conclusion that combat-relatedactivities — as
operations involving Filipino and American opposed to combat itself — such as the one
troops. In theory, they are a simulation of joint subject of the instant petition, are indeed
military maneuvers pursuant to the Mutual authorized.
Defense Treaty, a bilateral defense agreement
entered into by the Philippines and the United Shangri-La International Hotel
States in 1951. The entry of American troops Management Ltd. V. Development Group
into Philippine soil is proximately rooted in the of Companies
international anti-terrorism campaign declared
by President George W. Bush in reaction to the GR No. 159938; March 31, 2006
tragic events that occurred on September 11, Topic: On Conflict Between Municipal Law
2001. Petitioners attack the constitutionality of and International Law
the Balikatan on the ground that the Mutual
Defense Treaty only provides for mutual Facts: At the core of the controversy are the
military assistance in accordance with the Shangri-La mark and S logo. Respondent DGCI
constitutional processes of each country only in claims ownership of said mark and logo in the
the case of an armed attack by an external Philippines on the strength of its prior use
aggressor, meaning a third country against one thereof within the country pursuant to RA 166.
of them and by no stretch of the imagination The petitioners accused DGCI of appropriating
can it be said that the Abu Sayyaf bandits in and illegally using the "Shangri-La" mark and
Basilan constitute an external armed force that "S" logo, adding that the legal and beneficial
has subject the Philippines to an armed external ownership thereof pertained to SLIHM and that
attack to warrant US Military assistance under the Kuok Group and its related companies had
the MDT of 1951. been using this mark and logo since March 1962
for all their corporate names and affairs. In this
Issue: Whether or not the Balikatan regard, they point to the Paris Convention for
Exercise is within the activities authorized the Protection of Industrial Property as
by the MDT of 1951. affording security and protection to SLIHM's

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exclusive right to said mark and logo. They Philip Morris, Inc. v. Fortune Tobacco
further claimed having used, since late 1975, the Corporation
internationally-known and specially-designed
"Shangri-La" mark and "S" logo for all the GR No. 158589; June 27, 2006
hotels in their hotel chain. Topic: On Conflict Between Municipal Law
and International Law
Issue: Whether or not municipal law in the
Philippines is subordinate to an international Facts: Petitioner Philip Morris, Inc., a
agreement. corporation organized under the laws of the
State of Virginia, United States of America, is,
Held: No. Following universal acquiescence per Certificate of Registration No. 18723 issued
and comity, our municipal law on trademarks on April 26, 1973 by the Philippine Patents
regarding the requirement of actual use in Office (PPO), the registered owner of the
the Philippines must subordinate an trademark "MARK VII" for cigarettes. On the
international agreement inasmuch as the other hand, respondent Fortune Tobacco
apparent clash is being decided by a municipal Corporation, a company organized in the
tribunal. Withal, the fact that international law Philippines, manufactures and sells cigarettes
has been made part of the law of the land does using the trademark "MARK."
not by any means imply the primacy of The legal dispute between the parties
international law over national law in the started when the herein petitioners, on the claim
municipal sphere. Under the doctrine of that an infringement of their respective
incorporation as applied in most countries, rules trademarks had been committed, filed a
of international law are given a standing equal, Complaint for Infringement of Trademark and
not superior, to national legislative enactments. Damages against respondent Fortune Tobacco
Trademark is a creation of use and, Corporation.
therefore, actual use is a pre-requisite to
exclusive ownership; registration is only an Issue: Whether or not municipal law in the
administrative confirmation of the existence of Philippines is subordinate to an international
the right of ownership of the mark, but does agreement.
not perfect such right; actual use thereof is the
perfecting ingredient. As between actual use of Held: No. Admittedly, the registration of a
a mark without registration, and registration of trademark gives the registrant, such as
the mark without actual use thereof, the former petitioners, advantages denied non-registrants
prevails over the latter. For a rule widely or ordinary users, like respondent. But while
accepted and firmly entrenched, because it has petitioners enjoy the statutory presumptions
come down through the years, is that actual use arising from such registration ,i.e., as to the
in commerce or business is a pre-requisite to the validity of the registration, ownership and the
acquisition of the right of ownership. exclusive right to use the registered marks, they
may not successfully sue on the basis alone of
their respective certificates of registration of
trademarks. For, petitioners are still foreign
corporations. As such, they ought, as a
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condition to availment of the rights and Cents ($1,964,005,859.90). The Final


privileges vis-à-vis their trademarks in this Judgment was eventually affirmed by the US
country, to show proof that, on top of Court of Appeals for the Ninth Circuit, in a
Philippine registration, their country grants decision rendered on 17 December 1996.On 5
substantially similar rights and privileges to February 1998, the Marcos Estate filed a motion
Filipino citizens pursuant to Section 21-A of to dismiss, raising, among others, the non-
R.A. No. 166. payment of the correct filing fees. It alleged
True, the Philippines‘ adherence to the that petitioners had only paid Four Hundred
Paris Convention effectively obligates the Ten Pesos (P410.00) as docket and filing fees,
country to honor and enforce its provisions as notwithstanding the fact that they sought to
regards the protection of industrial property of enforce a monetary amount of damages in the
foreign nationals in this country. However, any amount of over Two and a Quarter Billion US
protection accorded has to be made subject to Dollars (US$2.25 Billion). The Marcos Estate
the limitations of Philippine laws. Hence, cited Supreme Court Circular No. 7, pertaining
despite Article 2 of the Paris Convention which to the proper computation and payment of
substantially provides that (1) nationals of docket fees. In response, the petitioners
member-countries shall have in this country claimed that an action for the enforcement of a
rights specially provided by the Convention as foreign judgment is not capable of pecuniary
are consistent with Philippine laws, and enjoy estimation; hence, a filing fee of only Four
the privileges that Philippine laws now grant or Hundred Ten Pesos (P410.00) was proper,
may hereafter grant to its nationals, and (2) pursuant to Section 7(c) of Rule 141.
while no domicile requirement in the country
where protection is claimed shall be required of Issues:
persons entitled to the benefits of the Union for
the enjoyment of any industrial property 1. Whether or not the Philippines is obliged
rights, foreign nationals must still observe and to recognize foreign judgments.
comply with the conditions imposed by
Philippine law on its nationals. 2. Whether or not the amount paid by
petitioners is the proper filing fee for the
Mijares v. Rañada action.

GR No. 139325; April 12, 2005 Held:


Topic: On Enforcement of Foreign 1. There is no obligatory rule derived from
Judgment treaties or conventions that requires the
Philippines to recognize foreign judgments, or
Facts: Petitioners sought the enforcement of a allow a procedure for the enforcement
final judgment with the RTC Makati. This is a thereof. However, generally accepted principles
Final Judgment (Final Judgment) awarding the of international law, by virtue of the
plaintiff class a total of One Billion Nine incorporation clause of the Constitution, form
Hundred Sixty Four Million Five Thousand part of the laws of the land even if they do not
Eight Hundred Fifty Nine Dollars and Ninety derive from treaty obligations. The classical
formulation in international law sees those
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customary rules accepted as binding result from land and therefore the DOH may implement
the combination two elements: the established, them through the RIRR.
widespread, and consistent practice on the part
of States; and a psychological element known as Issue: Whether or not the pertinent
the opinion juris sive necessitates (opinion as to law international instruments adverted to by
or necessity). Implicit in the latter element is a respondents are part of the law of the land.
belief that the practice in question is rendered
obligatory by the existence of a rule of law Held: Under the 1987 Constitution,
requiring it. international law can become part of the sphere
of domestic law either
2. Yes. Notably, the amount paid as docket by transformation or incorporation. The
fees by the petitioners on the premise that it transformation method requires that an
was an action incapable of pecuniary estimation international law be transformed into a
corresponds to the same amount required for domestic law through a constitutional
―other actions not involving property.‖ mechanism such as local legislation. The
incorporation method applies when, by mere
Pharmaceutical and Healthcare Association constitutional declaration, international law is
of the Philippines v. Duque III deemed to have the force of domestic
law. ―Generally accepted principles of
GR No. 173034; October 9, 2007 international law‖ refers to norms of general or
Topic: State Principle: The customary international law which are binding
Philippines…adopts the generally accepted on all states, i.e., renunciation of war as an
principles of international as part of the law instrument of national policy, the principle of
of the land… sovereign immunity, a person's right to life,
liberty and due
Facts: Petitioners seek to nullify Administrative process, and pacta sunt servanda, among others.
Order (A.O.) No. 2006-0012 entitled, Revised For an international rule to be considered as
Implementing Rules and Regulations of customary law, it must be established that such
Executive Order No. 51, Otherwise Known rule is being followed by
as The “Milk Code,” Relevant International states because they consider it obligatory to
Agreements, Penalizing Violations Thereof, comply with such rules
and for Other Purposes (RIRR) for allegedly (opinio juris). Respondents have not presented
going beyond the provisions of the Milk Code, any evidence to prove that the WHA
thereby amending and expanding the coverage Resolutions, although signed by most of the
of said law. The defense of the DOH is that member states, were in fact enforced or
the RIRR implements not only the Milk Code practiced by at least a majority of the member
but also various international instruments states; neither have respondents proven that any
regarding infant and young child nutrition. It is compliance by member states with said WHA
respondents' position that said international Resolutions was obligatory in
instruments are deemed part of the law of the nature. Consequently, legislation is necessary to
transform the provisions of the WHA

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Resolutions into domestic law. The provisions endowed with the power to call upon the armed
of the WHA Resolutions cannot be forces at his own bidding. In issuing the assailed
considered as part of the law of the land that proclamation, Governor Tan exceeded his
can be implemented by executive agencies authority when he declared a state of emergency
without the need of a law enacted by the and called upon the Armed Forces, the police,
legislature. and his own Civilian Emergency Force. The
calling-out powers contemplated under the
Kulayan v. Tan Constitution is exclusive to the President. An
exercise by another official, even if he is the
GR No. 187298; July 3, 2012 local chief executive, is ultra vires, and may not
Topic: On Calling Out Powers of the be justified by the invocation of Section 465 of
President the Local Government Code.

Facts: Governor Tan issued Proclamation No. United Church of Christ in the Philippines
1, Series of 2009 declaring a state of emergency Inc. v. Bradford United Church of Christ
in the province of Sulu citing the kidnapping
incident as a ground for the said declaration. In GR No. 171905; June 20, 2012
the same proclamation, respondent Tan called Topic: The State and Ecclesiastical Affairs
upon the PNP and the Civilian Emergency
Force to set-up checkpoints and chokepoints, Facts: UCCP has three (3) governing bodies
conduct general search and seizures including namely: the General Assembly, the Conference
arrests and other actions necessary to ensure and the Local Church, each having distinct and
public safety. Governor Tan invoked Section separate duties and powers. As a UCCP local
465 of the Local Government Code of 1991 church located in Cebu, BUCCI belonged to the
which bestows on the provincial governor the Cebu Conference Inc. (CCI) with whom it
power to carry out emergency measures during enjoyed peaceful co-existence until late 1989
man-made and natural disasters and calamities when BUCCI started construction of a fence
and to call upon the appropriate national law that encroached upon the right-of way allocated
enforcement agencies to suppress disorder and by UCCP for CCI and Visayas jurisdiction.
lawless violence. Petitioners contend that such BUCCI then disaffiliated itself form UCCP and
declaration is ultra vires and void on the ground the SEC approved the same. UCCP filed a
that it is the sole authority of the President to protest alleging that such separate incorporation
exercise emergency powers and calling-out and registration is not allowed under the
powers as the chief executive of the Republic Constitution and Bylaws of the UCCP. SEC
and commander in chief of the armed forces. defended the right of BUCCI to disassociate
itself from UCCP in recognition of its
Issue: Whether or not a provincial governor constitutional freedom to associate and
may validly exercise the calling out powers. disassociate. In its motion for reconsideration,
UCCP maintains that the issue on whether the
Held: No. Respondent provincial governor is disaffiliation of respondents is valid is purely an
not ecclesiastical affair. It asserts that it has the sole

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

power and authority to declare and/or decide Orceo v. COMELEC


whether BUCCI or any of its local churches
could disaffiliate from it. GR No. 190779; March 26, 2010
Topic: On Implementing Rules and
Issue: Whether or not the issue on validity of Regulations germane to the Statute
BUCCI‘s disaffiliation is purely an ecclesiastical
affair. Facts: Pursuant to Section 35 of R.A. No.
7166 (An Act Providing for Synchronized National
Held: No. The issue is not purely an and Local Elections and for Electoral Reforms,
ecclesiastical affair. An ecclesiastical affair is one Authorizing Appropriations Therefor, and for Other
that concerns doctrine, creed or form of Purposes), the COMELEC
worship of the church, or the adoption and promulgated Resolution No. 8714 entitled Rules
enforcement within a religious association of and Regulations on the: (1) Bearing, Carrying or
needful laws and regulations for the Transporting of Firearms or other Deadly Weapons;
government of the membership, and the power and (2) Employment, Availment or Engagement of the
of excluding from such associations those Services of Security Personnel or Bodyguards,
deemed unworthy of membership. Based on During the Election Period for the May 10, 2010
this definition, an ecclesiastical affair involves National and Local Elections, which contains the
the relationship between the church and its implementing rules and regulations of Sections
members and relate to matters of faith, religious 32 and 33 of R.A. No. 7166. Petitioner
doctrines, worship and governance of the contends that the COMELEC gravely abused
congregation. To be concrete, examples of this its discretion amounting to lack or excess of
so-called ecclesiastical affairs to which the State jurisdiction in including ―airsoft guns and their
cannot meddle are proceedings for replicas/imitations‖ in the definition of ―firearm‖
excommunication, ordinations of religious in Resolution No. 8714, since there is nothing
ministers, administration of sacraments and in R.A. No. 7166 that mentions ―airsoft guns
other activities attached with religious and their replicas/imitations.‖ He asserts that
significance. the intendment of R.A. No. 7166 is that the
UCCP and BUCCI, being corporate term ―firearm‖ refers to real firearm in its
entities and grantees of primary franchises, are common and ordinary usage.
subject to the jurisdiction of the SEC. Section 3
of Presidential Decree No. 902-A provides that Issue: Whether or not Resolution No. 8714 is
SEC shall have absolute jurisdiction, invalid on the ground that it is not germane to
supervision and control over all the statute or RA 7166.
corporations. Even with their religious nature,
SEC may exercise jurisdiction over them in Held: No. Where a rule or regulation has a
matters that are legal and corporate. provision not expressly stated or contained in
the statute being implemented, that provision
does not necessarily contradict the statute. A
legislative rule is in the nature of subordinate
legislation, designed to implement a primary
legislation by providing the details
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

thereof. All that is required is that the line agency of departments that are included in
regulation should be germane to the objects the National Budget. The BSP believes that an
and purposes of the law; that the regulation ―attached agency‖ is different from an ―agency.‖
be not in contradiction to, but in conformity Agency, as defined in Section 2(4) of the
with, the standards prescribed by the law. Administrative Code, is defined as any of the
Evidently, the COMELEC had the various units of the Government including a
authority to promulgate Resolution No. 8714 department, bureau, office, instrumentality,
pursuant to Section 35 of R.A. No. 7166. It was government-owned or controlled corporation
granted the power to issue the implementing or local government or distinct unit therein.
rules and regulations of Sections 32 and 33 of
R.A. No. 7166. Under this broad power, the Issue: Whether or not the BSP is a government
COMELEC was mandated to provide the instrumentality for it to fall under the
details of who may bear, carry or transport jurisdiction of the COA.
firearms or other deadly weapons, as well as the
definition of ―firearms,‖ among others. These Held: The BSP is a public corporation or a
details are left to the discretion of the government agency or instrumentality with
COMELEC, which is a constitutional body that juridical personality, which does not fall within
possesses special knowledge and expertise on the constitutional prohibition in Article XII,
election matters, with the objective of ensuring Section 16, notwithstanding the amendments to
the holding of free, orderly, honest, peaceful its charter. The BSP still remains
and credible elections. an instrumentality of the national
government. It is a public corporation created
Boy Scouts of the Philippines v. by law for a public purpose, attached to the
Commission on Audit DECS pursuant to its Charter and the
Administrative Code of 1987. It is not a private
GR No. 177131; June 7, 2011 corporation which is required to be owned or
Topic: On Government Instrumentalities controlled by the government and be
economically viable to justify its existence under
Facts: COA issued Resolution 99-011 with the a special law. Not all corporations, which
subject ―Defining the Commission’s policy with respect are not government owned or controlled,
to the audit of the Boy Scouts of the Philippines” to are ipso facto to be considered private
conduct an annual financial audit of the Boy corporations as there exists another distinct
Scouts of the Philippines in accordance with class of corporations or chartered institutions
generally accepted auditing standards. The which are otherwise known as ―public
BSP contends that it is not a government entity corporations.‖ These corporations are treated
administering special funds. It is not even by law as agencies or instrumentalities of the
included in the DECS National Budget. BSP government which are not subject to the tests
maintains that it is not an ―agency‖ of the of ownership or control and economic viability
Government. The 1987 Administrative Code, but to different criteria relating to their public
merely referred the BSP as an ―attached agency‖ purposes/interests or constitutional policies and
of the DECS as distinguished from an actual objectives and their administrative relationship

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

to the government or any of its Departments or province applying for ECC.


Offices. Prior consultations and prior approval are
required by law to have been conducted and
Boracay Foundation Inc. v. Province of secured by the respondent
Aklan Province. Accordingly, the information
dissemination conducted months after the ECC
GR No. 196870; June 26, 2012 had already been issued was insufficient to
Topic: Writ of Continuing Mandamus comply with this requirement under the Local
Government Code. Had they been conducted
Facts: Respondent Province included the properly, the prior public consultation should
proposed expansion of the port facilities at have considered the ecological or environmental
Barangay Caticlan in its 2009 Annual concerns of the stakeholders and studied
Investment Plan, envisioned as its project site measures alternative to the project, to avoid or
the area adjacent to the existing jetty port, and minimize adverse environmental impact or
identified additional areas along the coastline of damage. In fact, respondent Province once
Barangay Caticlan as the site for future project tried to obtain the favorable endorsement of
expansion. Site 1 is in Brgy. Caticlan with a the Sangguniang Bayan of Malay, but this was
total area of 36.82 hectares and Site 2 in denied by the latter.
Brgy. Manoc-Manoc, Boracay Island with a
total area of 3.18 hectares. Sites 1 and 2 are on Writ of Continuing Mandamus
the opposite sides of Tabon Strait, about 1,200 The writ of
meters apart. Petitioner prays for the issuance of continuing mandamus ―permits the court to
an Environmental Protection Order in the retain jurisdiction after judgment in order to
nature of a continuing mandamus under A.M. No. ensure the successful implementation of the
09-6-8-SC, otherwise known as the Rules of reliefs mandated under the court‘s decision‖ and,
Procedure for Environmental Cases, in order to do this, ―the court may compel the
promulgated on April 29, 2010. The petition is submission of compliance reports from the
premised on the ground that the respondent respondent government agencies as well as avail
province, being the proponent of the of other means to monitor compliance with its
reclamation project, failed to comply with the decision.‖
relevant rules and regulations in the acquisition It is a special civil action that may be
of Environmental Compliance Certificate. availed of ―to compel the performance of an act
specifically enjoined by law‖[140] and which
Issue: Whether or not respondent Province provides for the issuance of a TEPO ―as an
complied with all the requirements under the auxiliary remedy prior to the issuance of the
pertinent laws and regulations. writ itself.‖

Held: No. Respondent province failed to Petition for continuing mandamus.—When


comply with the requirement of prior any agency or instrumentality of the
consultation and prior approval that should government or officer thereof unlawfully
have been conducted by the respondent neglects the performance of an act which the

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

law specifically enjoins as a duty resulting from with administrative cases. Executive Labor
an office, trust or station in connection with the Arbiter (ELA) found Padao‘s dismissal valid.
enforcement or violation of an environmental Padao appealed to the NLRC, which, in
law rule or regulation or a right therein, or its Resolution reversed and set aside the ELA
unlawfully excludes another from the use or Decision and declared Padao‘s dismissal to be
enjoyment of such right and there is no other illegal. He was thereby ordered reinstated to his
plain, speedy and adequate remedy in the previous position without loss of seniority rights
ordinary course of law, the person aggrieved and PNB was ordered to pay him full
thereby may file a verified petition in the proper backwages and attorney‘s fees equivalent to ten
court, alleging the facts with certainty, attaching percent (10%) of the total monetary award.
thereto supporting evidence, specifying that the PNB‘s Motion for Reconsideration was denied
petition concerns an environmental law, rule or by the NLRC in its Resolution dated December
regulation, and praying that judgment be 27, 2002.
rendered commanding the respondent to do an Issue: Whether or not Padao‘s dismissal is valid
act or series of acts until the judgment is fully on the ground that his position is one imbued
satisfied, and to pay damages sustained by the with trust and confidence.
petitioner by reason of the malicious neglect to
perform the duties of the respondent, under the Held: Yes, the dismissal is valid. While the 1987
law, rules or regulations. The petition shall also Constitution provisions on social justice and the
contain a sworn certification of non-forum protection of labor underscore the importance
shopping. and economic significance of labor, Article II,
Section 18 characterizes labor as a ―primary
Philippine National Bank v. Dan Padao social economic force,‖ and as such, the State is
bound to ―protect the rights of workers and
GR No. 180849 and 187143 promote their welfare,‖ the case at bar involves
November 16, 2011 dismissal by PNB for gross and habitual neglect
Topic: On the Protection of Labor of duties under Article 282 (b) of the Labor
Code. The role that a credit investigator plays in
Facts: On January 10, 1997, after due the conduct of a bank‘s business cannot be
investigation, PNB found Padao guilty of gross overestimated. Padao‘s repeated failure to
and habitual neglect of duty and ordered him discharge his duties as a credit investigator of
dismissed from the bank. Padao appealed to the the bank amounted to gross and habitual
bank‘s Board of Directors but after almost three neglect of duties under Article 282 (b) of the
(3) years of inaction on the part of the Board, Labor Code. He not only failed to perform what
Padao instituted a complaint against with the he was employed to do, but also did so
Labor Arbitration Branch of the NLRC repetitively and habitually, causing millions of
Regional Arbitration pesos in damage to PNB. Thus, PNB acted
for Reinstatement; Backwages; Illegal Dismissal; within the bounds of the law by meting out the
and Treachery/Bad Faith and Palpable penalty of dismissal, which it deemed
Discrimination in the Treatment of Employees appropriate given the circumstances.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Gamboa v. Teves both common and non-voting preferred shares,


grossly contravenes the intent and letter of the
GR No. 176579; June 28, 2011 Constitution that the ―State shall develop a self-
Topic: State Principle: State shall develop a reliant and independent national
self-reliant and independent national economy effectively controlled by Filipinos.‖
economy effectively controlled by Filipinos. A broad definition unjustifiably disregards who
owns the all-important voting stock, which
Facts: On 28 February 2007, petitioner filed the necessarily equates to control of the public
instant petition for prohibition, injunction, utility.
declaratory relief, and declaration of nullity of
sale of the 111,415 PTIC shares. Petitioner Liban v. Gordon
claims, among others, that the sale of the
111,415 PTIC shares would result in an increase 639 SCRA 709; January 18, 2011
in First Pacific‘s common shareholdings in
Topic: The Incorporation Clause
PLDT from 30.7 percent to 37 percent, and this,
combined with Japanese Facts: The Philippine National Red Cross is a
NTT DoCoMo‘s common shareholdings in non-profit, donor-funded, voluntary,
PLDT, would result to a total foreign common humanitarian organization. The PNRC provides
shareholdings in PLDT of 51.56 percent which six major services: Blood Services, Disaster
is over the 40 percent constitutional limit. Management, Safety Services, Community
Health and Nursing, Social Services and
Issue: Whether the term ―capital‖ in Section 11, Voluntary Service.
Article XII of the Constitution refers to the The Republic of the Philippines, adhering to the
total common shares only or to the total Geneva Conventions, established the PNRC as
outstanding capital stock (combined total of a voluntary organization for the purpose
common and non-voting preferred shares) of contemplated in the Geneva Convention of 27
PLDT, a public utility. July 1929.

Held: Mere legal title is insufficient to meet the Issue: Whether or not the Court must
60 percent Filipino-owned ―capital‖ required in recognize too the country‘s adherence to the
the Constitution. Full beneficial ownership of Geneva Convention and respect the unique
60 percent of the outstanding capital stock, status of the PNRC in consonance with its
coupled with 60 percent of the voting rights, is treaty obligations.
required. The legal and beneficial ownership of Ruling: Yes. The Geneva Convention has the
60 percent of the outstanding capital stock must force and effect of law. Under the Constitution,
rest in the hands of Filipino nationals in the Philippines adopts the generally accepted
accordance with the constitutional mandate. principles of international law as part of the law
Otherwise, the corporation is ―considered as of the land. This constitutional provision must
non-Philippine national[s].‖ be reconciled and harmonized with Article XII,
To construe broadly the term ―capital‖ Section 16 of the Constitution, instead of using
as the total outstanding capital stock, including the latter to negate the former.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Board of Medicine v. Ota

Boy Scouts of the Philippines v. COA 588 SCRA 234; July 14, 2008

651 SCRA 146; June 7, 2011 Topic: State Policies

Topic: Rearing of Youth Facts: Yasuyuki Ota is a Japanese national,


married to a Filipina, and a graduate of Doctor
Facts: Commission on Audit issued a of Medicine. He filed an application to take the
resolution that it will conduct an annual medical board examinations to obtain a medical
financial audit of the Boy Scouts of the license. The Professional Regulation
Philippines. BSP contended that it is not subject Commission (PRC) required him to submit
to the Commission‘s jurisdiction. COA argued proof that reciprocity exists between Japan and
that BSP is a public corporation whose the Philippines in admitting foreigners into the
functions relate to the fostering of public virtues practice of medicine. He was able to comply
of citizenship and patriotism and that the with this requirement but the PRC Board of
manner of creation and the purpose of which Medicine still rejected his application on the
the BSP was created proved that it is a ground that there is no genuine reciprocity as
government agency. there is no Filipino who can possibly practice in
Issue: Whether or not BSP is a public Japan.
corporation and falls under the jurisdiction of Issue: Whether or not the Board and the PRC
COA acted arbitrarily.
Ruling: Yes. The purpose of the BSP as stated Ruling: Yes. The power to regulate the exercise
in its amended charter shows that it was created of a profession or pursuit of an occupation
in order to implement a State policy declared in cannot be exercised by the State or its agents in
Article II, Section 13 of the Constitution stating an arbitrary, despotic, or oppressive manner. A
that ―The State recognizes the vital role of the political body which regulates the exercise of a
youth in nation-building and shall promote and particular privilege has the authority to both
protect their physical, moral, spiritual, forbid and grant such privilege in accordance
intellectual, and social well-being. It shall with certain conditions. R.A. No. 2382, which
inculcate in the youth patriotism and provides who may be candidates for the medical
nationalism, and encourage their involvement in board examinations, merely requires a foreign
public and civic affairs.‖ BSP, which was citizen to submit competent and conclusive
created by a special law to serve a public documentary evidence, confirmed by the
purpose in pursuit of a constitutional mandate, Department of Foreign Affairs (DFA), showing
comes within the class of ―public corporations‖ that his country‘s existing laws permit citizens
defined by paragraph 2, Article 44 of the Civil of the Philippines to practice medicine under
Code and governed by the law which creates it, the same rules and regulations governing
pursuant to Article 45 of the same Code. citizens thereof. Requiring respondent to prove
first that a Filipino has already been granted
license and is actually practicing therein unduly

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

expands the requirements provided for under Dacanay. Although he is also deemed never to
R.A. No. 2382. have terminated his membership in the
Philippine bar, no automatic right to resume law
practice accrues.
Petition for Leave to Resume Practice of
Law, Benjamin M. Dacanay

540 SCRA 424; December 17, 2007


E. SEPARATION OF POWERS
Topic:
AND CHECKS AND
Facts: Atty. Benjamin Dacanay was admitted to BALANCES
the Philippine bar in 1960 until he migrated to
Canada in 1998 to seek medical help. In order Kilusang Mayo Uno v. Director-General
to avail of Canada‘s free medical aid program he NEDA
became a Canadian citizen in 2004. R.A. 9225
(Citizenship Retention and Re-Acquisition Act 487 SCRA 623; April 19, 2006
of 2003) was enacted. Pursuant to R.A. 9225,
Topic: Separation of Powers
Atty. Dacanay re-acquired his Philippine
citizenship and took oath of allegiance as a Facts: President Gloria Macapagal-Arroyo
Filipino Citizen before the Philippine Consulate issued E.O. 420 which requires all government
General in Canada. In the same year, he agencies and government-owned and controlled
returned to the Philippines and he now intends corporations to adopt a uniform data collection
to resume his practice of law. and format for their existing identification
systems. E.O 420 seeks to have a unified
Issue: Whether or not Benjamin Dacanay may identification system, from multiple
still resume his practice of law. identification systems from different
government agencies into one multi-purpose
Ruling: Yes. Since Filipino citizenship is a
I.D., thereby reducing inconvenience to their
requirement for admission to the bar, loss
transactions with the government.
thereof terminates membership in the
Philippine bar and, consequently, the privilege Issue: Whether or not E.O. 420 is a usurpation
to engage in the practice of law. In other words, of legislative powers by the President
the loss of Filipino citizenship ipso jure
terminates the privilege to practice law in the Ruling: No. E.O. 420 is an exercise of the
Philippines. Exception is when Filipino Executive power as the President‘s power of
citizenship is lost by reason of naturalization as control of the Executive department. Section 17,
a citizen of another country but subsequently Article VII of the Constitution provides that the
reacquired pursuant to RA 9225. Therefore, a ―President shall have control of all executive
Filipino lawyer who becomes a citizen of departments, bureaus, and offices.‖
another country is deemed never to have lost
his Philippine citizenship if he reacquires it in
accordance with RA 9225, as the case of Atty.
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Senate v. Ermita Silverio v. Republic

488 SCRA 1; April 20, 2006 537 SCRA 373; October 22, 2007

Topic: Separation of Powers Topic: Separation of Powers

Facts: In the exercise of its legislative power, Facts: Rommel Silverio was registered as ―male‖
the Senate of the Philippines conducts inquiries but he alleged that he is a male transsexual.
in aid of legislation which calls for the Consequently, he underwent sex reassignment
attendance of various officials and employees of surgery. He then sought for the change of his
the executive department. President Gloria first name from ―Rommel‖ to ―Mely‖ and his
Macapagal-Arroyo enacted E.O. 464 requiring sex from ―male‖ to ―female‖ in his birth
that all department heads of the Executive certificate which was granted by the trial court.
Branch of the government shall secure the Republic of the Philippines alleged that there is
consent of the President prior to appearing no law allowing the change of entries in the
before either House of Congress to ensure the birth certificate by reason of sex alteration.
observance of the principle of separation of
powers. Issue: Whether or not the Court can engage in
judicial legislation.
Issue: Whether or not E.O. 464 is
unconstitutional in contravening the power of Ruling: No. The duty of the Court is to apply
inquiry vested in the Congress or interpret the law, not to make or amend it. It
is for the legislature to determine what
Ruling: Yes. E.O. 464 bars the appearance of guidelines should govern the recognition of the
executive officials before the Congress, effects of sex reassignment. The Court cannot
depriving the Congress of the information in enact a law where no law exists.
the possession of these officials. The power of
inquiry, a power vested in the Congress, is
expressly recognized in Sec. 21 of Article VI of Office of the Court Administrator v. Reyes
the Constitution. A legislative body cannot
legislate wisely or effectively in the absence of 621 SCRA 511; June 23, 2010
information respecting the conditions which the
Topic: Separation of Powers
legislation intended to affect or change. The
power of inquiry is co-extensive with the power Facts: Rene De Guzman is a clerk at the RTC
to legislate. Branch 31, Guimba, Nueva Ecija. He was
allegedly using illegal drugs which manifested in
his irrational and queer behaviour at work. The
Office of the Court Administrator conducted a
drug test on De Guzman in which he tested
positive. OCA recommended his dismissal from
service immediately which was adopted by the
Supreme Court.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

R.A. 9165 (Comprehensive Dangerous Drug a public statement entitled Abad: Releases to
Act) states that sustainable programs of Senators Part of Spending Acceleration Program,
rehabilitation and treatment must be explaining the funds had been released to
considered in light of this Court‘s constitutional senators had been part of the Disbursement
power of administrative supervision over courts Acceleration Program, a program designed by
and court personnel. the DBM to ramp up spending to accelerate
economic expansion. He further explained that
Issue: Whether or not R.A. 9165 limits the the DAP were usually taken from (1) unreleased
Courts exercise of disciplinary actions over the appropriations under Personnel Services; (2)
members of the judiciary department unprogrammed funds; (3) carry-over
Ruling: Yes. The Constitution provides that appropriations unreleased from the previous
the Supreme Court shall have the administrative year; and budgets for slow-moving items or
supervision over all courts and the personnel projects that had been realigned to support
thereof. The legislative power imposing policies faster-disbursing projects.
through laws is not unlimited and is subject to Nine petitions assailing the constitutionality of
the substantive and constitutional limitations DAP and issuances relating to DAP were filed.
that set parameters both in the exercise of the
power itself and the allowable subjects of Issue: Whether or not the DAP violates the
legislation. As such, it cannot limit the Court‘s doctrine of separation of powers
power to impose disciplinary actions against
erring justices, judges and court personnel or be Ruling: Yes. Though the President is allowed
used to restrict the Court‘s power to preserve by the Constitution to make realignment of
and maintain the Judiciary‘s honor, dignity and funds, such transfer or realignment should only
integrity and public confidence that can only be be made ―within their respective offices‖. Thus,
achieved by imposing strict and rigid standards no cross-border transfers/augmentations may
of decency and propriety governing the conduct be allowed. But under the DAP, this was
of justices, judges and court employees. violated because funds appropriated by the
General Appropriations Act for the Executive
were being transferred to the Legislative and
other non-Executive agencies.
Maria Araullo v. Benigno Simeon Aquino

G.R. No. 209287; July 1, 2014

Topic: Separation of Powers

Facts: Sen. Jinggoy Estrada delivered a privilege


speech revealing that he, including other
senators, received P50M as cash ―incentive‖ for
voting in favor of the impeachment of Chief
Justice C. Corona. Responding to Senator
Estrada‘s revelation, Sec. Florencio Abad of
Department of Budget and Management issued

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

petition, arguing that the factual findings of the


F. DELEGATION OF POWERS Tariff Commission on the existence or non-
existence of conditions warranting the
SOUTHERN CROSS CEMENT CO. v. imposition of general safeguard measures are
CEMENT MANUFACTURERS binding upon the DTI Secretary.
ASSOCIATION OF THE PHILIPPINES
ISSUE: Whether or not the factual findings of
G.R. No. 158540; August 3, 2005 the Tariff Commission on the existence or non-
existence of conditions warranting the
TOPIC: Permissible Delegation imposition of general safeguard measures are
binding upon the DTI Secretary.
FACTS: Philcemcor filed with the DTI a
petition seeking for the imposition of safeguard RULING: The DTI Secretary is barred from
measures on Gray Portland cement, in imposing a general safeguard measure in the
accordance with the SMA. After the DTI issued absent of a positive final determination
a provisional safeguard measure, the application rendered by the Tariff Commission. The
was referred to the Tariff Commission for a required positive final determination of the
formal investigation pursuant to Section 9 of Tariff Commission exists as a properly enacted
the SMA and its IRR, in order to determine constitutional limitation imposed on the
whether or not to impose a definitive safeguard delegation of the legislative power to impose
measure on imports of gray Portland cement. tariffs and imposts to the President under
After public hearings and conducting its own Section 28(2), Article VI of the Constitution.
investigation, the Tariff Commission came out
with a negative finding. The DTI sought the YAZAKI TORRES MANUFACTURING
opinion of the Secretary of Justice whether it INC. v. COURT OF APPEALS
could still impose a definitive safeguard measure.
DOJ Secretary opined that the DTI could not G.R. No. 130584; June 27, 2006
do so under the SMA, and so the DTI Secretary
then promulgated a Decision wherein he TOPIC: Permissible Delegation
expressed the DTI‘s disagreement with the
conclusions of the Tariff Commission, but at FACTS: The Home Development Mutual
the same time, ultimately denying Philcemcor‘s Fund is the government agency tasked with the
application for safeguard measures on the administration of the PAG-IBIG Fund created
ground that the he was bound to do so in light under P.D. No. 1530, intended for housing
of the Tariff Commission‘s negative findings. purposes to be sourced from voluntary
Philcemcor argued that the DTI Secretary is not contributions from its members. But it was
bound to adopt the recommendations of the amended by P.D. No. 1752 providing that
Tariff Commission; and, that the Report is void, membership in the Fund is mandatory for all
as it is predicated on a flawed framework, gainfully-employed Filipinos. RA No. 7742 was
inconsistent inferences and erroneous passed and amended the former, which
methodology. Southern Cross filed the present provides that the coverage of the Fund extends

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

to all members of the SSS and GSIS, as well as must necessarily include the power to amend,
their employers. However, membership is revise, alter, or repeal the same.
voluntary for employees earning less
than P4,000.00 a month. Yazaki Torres SEMA v. COMELEC
Manufacturing, Inc. applied and was granted by G.R. No. 178628 July 16, 2008
the HDMF a waiver from the Fund coverage
for the period from January 1 to December 31, TOPIC: Permissible Delegation
1995. The HDMF found that petitioner‘s
retirement plan for its employees is superior to FACTS: RA 9054 was passed amending
that offered by the Fund. HDMF Chief ARMM‘s Organic Act and vesting it with power
Executive Officer disapproved petitioner‘s to create provinces, municipalities, cities and
application on the ground that its retirement barangays. Pursuant to this law, Shariff
plan is not superior to that provided by the Kabunsuan was created, comprised of the
Fund. Petitioner contends that the Court of municipalities of the 1st district of Maguindanao
Appeals acted with grave abuse of discretion in with the exception of Cotabato City. For the
denying its application for renewal of waiver of purposes of the 2007 elections, COMELEC
the Fund membership coverage; and in initially stated that the 1st district is now only
confirming the authority of the HDMF to made of Cotabato City (because of MMA 201).
amend the implementing Rules of the Fund. It But it later amended this stating that status quo
claims that Section 5 of R.A. No. 7742 does not should be retained however just for the
grant HDMF the power to amend the purposes of the elections, the first district
implementing Rules and Regulations, should be called Shariff Kabunsuan with
contending that ―the power to make laws does Cotabato City. Sema was a congressional
not necessarily include the power to alter or candidate for the legislative district of S.
repeal the same.‖ . Kabunsuan with Cotabato (1st district). Later,
she was contending that Cotabato City should
ISSUE: Whether or not the HDMF has the be a separate legislative district and that votes
power to amend the Implementing Rules and therefrom should be excluded in the voting.
Regulations, of RA No. 7742. Moreover, upon creation of a province (S.
Kabunsuan), that province automatically gains
RULING: Yes. The legislative power is granted legislative representation and since S.
pursuant to Section 1, Article VI of the Kabunsuan excludes Cotabato City – so in
Constitution. effect Cotabato is being deprived of a
representative in the HOR. COMELEC
The law delegated to the HDMF the rule- maintained that the legislative district is still
making power since this is necessary for the there and that regardless of S. Kabunsuan being
proper exercise of its authority to administer the created, the legislative district is not affected
Fund. Following the doctrine of necessary and so is its representation.
implication, this grant of express power to
formulate implementing rules and regulations ISSUE: Whether or not ARMM can create
validly LGUs.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

RULING: No. The power to create a province administrative complaint. Contending that he
or city inherently involves the power to create a and his witnesses attended the Preliminary
legislative district. Only Congress can create Investigation, without the assistance of counsel,
provinces and cities because the creation of they were examined through a prepared set of
provinces and cities necessarily includes the questions handed to them by the stenographer.
creation of legislative districts, a power only The respondent judge was not present then.
Congress can exercise under Section 5, Article The complainant also states that right after the
VI of the Constitution and Section 3 of the preliminary investigation, he was immediately
Ordinance appended to the Constitution. The arrested and was imprisoned for three days.
ARMM Regional Assembly cannot create a Respondent explained that the Court
province without a legislative district because Stenographer has a prepared sheet of questions
the Constitution mandates that every province during the preliminary examination because the
shall have a legislative district. Moreover, the undersigned prepares her questions for
ARMM Regional Assembly cannot enact a law preliminary examination based on the affidavits
creating a national office like the office of a of the complaining witnesses and the counter
district representative of Congress because the affidavits of the accused. Furthermore, it will be
legislative powers of the ARMM Regional easier for the Stenographers to take/print the
Assembly operate only within its territorial transcript of the proceedings. Also, this is
jurisdiction as provided in Section 20, Article X convenient when more than one preliminary
of the Constitution. Thus, we rule that MMA examination is scheduled for the day. After the
Act 201, enacted by the ARMM Regional witnesses are briefed, the stenographers take
Assembly and creating the Province of Shariff over since the prepared sheets are given to them
Kabunsuan, is void. so they could propound the questions and the
answers are typed directly.
MAGO v. PEÑALOSA-FERMO
ISSUE: Whether or not Judge Fermo can
A.M. No. MTJ-08-1715; March 19, 2009 delegate to the Court Stenographer the power
to conduct of Preliminary Investigation.
TOPIC: Permissible Delegation
RULING: No. An officer to whom discretion
FACTS: Mago filed before the MTC Labo, is entrusted cannot delegate it to another, the
Camarines Norte a complaint for grave presumption being that he was chosen because
coercion against Sheriff Alex Rodolfo Angeles he was deemed fit and competent to exercise
of the DAR Adjudication Board. Sheriff that judgment and discretion, and unless the
Angeles filed a counter-charge for grave threats power to substitute another in his place has
against complainant and his sons. Alleging that been given to him, he cannot delegate his duties
Presiding Judge of the MTC Labo, Camarines to another.
Sur Judge Aurea G. Peñalosa-Fermo committed A personal examination of the complainant in a
gross ignorance of the law and bias in the criminal case and his witnesses was
disposition of his complaint and of the counter- required. Thus, under Section 4, Rule 112 of
charge against him, complainant filed the the Revised Rules of Court before its
amendment, the ―investigating fiscal‖ was
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

required to ―certify under oath that he, or as some of the officers and directors of IRC
shown by the record, an authorized officer, entered into transactions involving IRC shares
has personally examined the complainant and in violation of Section 30, in relation to Section
his witnesses . . . ‖ 36, of the Revised Securities Act. IRC alleged
that the SEC had no authority to investigate the
By respondent‘s delegation of the examination subject matter, since under Section 8 of PD No.
of the sheriff-complainant in the grave threats 902-A, as amended by PD No. 1758,
case to the stenographer, and worse, by allowing jurisdiction was conferred upon the Prosecution
the witnesses to ―read/study the written and Enforcement Department of the SEC.
questions‖ to be propounded to them and
to ―write their answers thereto‖ upon ISSUE: Whether or not PED of the SEC is
respondent‘s justification that the scheme was authorized to file a suit against IRC for
for the convenience of the stenographers, violations of the Revised Security Act.
respondent betrayed her lack of knowledge of
procedure, thereby contributing to the erosion RULING: The law creating PED empowers it
of public confidence in the judicial system. to investigate violations of the rules and
regulations promulgated by the SEC and to file
SEC v. INTERPORT RESOURCES CO. and prosecute such cases. It fails to mention
any adjudicatory functions insofar as the PED is
G.R. No. 1 35808; October 6, 2008 concerned. Thus, the PED Rules of Practice
and Procedure need not comply with the
TOPIC: Permissible Delegation provisions of the Administrative Code on
adjudication. Even assuming that these are
FACTS: The Board of Directors of IRC adjudicative functions, the PED, in the instant
approved a Memorandum of Agreement with case, exercised its investigative powers; thus,
Ganda Holdings Berhad, saying that a press respondents do not have the requisite standing
release announcing the approval of the to assail the validity of the rules on adjudication.
agreement was sent through facsimile
transmission to the Philippine Stock Exchange SOCIAL JUSTICE SOCIETY v.
and the SEC, but SEC averred that it received DANGEROUS DRUGS BOARD
reports that IRC failed to make timely public
disclosures of its negotiations with GHB and 570 SCRA 354 (2008)
that some of its directors, respondents herein,
heavily traded IRC shares utilizing this material TOPIC: Permisible Delegation
insider information. For this reason, SEC
required all principal officers of IRC to appear FACTS: Before the Court are 3 consolidated
before the SEC to explain its failure to petitions assailing the constitutionality of
immediately disclose the information as Section 36 of RA 9165 or the Comprehensive
required by the Rules on Disclosure of Material Dangerous Drugs Act of 2002 insofar as
Facts. Unsatisfied with the explanation, SEC it requires mandatory drug testing of candidates
issued an order finding that the IRC violated the for public office, students of secondary and
Rules on Disclosure of Material Facts and that tertiary schools, officers and employees of

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

public and private offices, and persons charged to meet such additional qualification, the
before the prosecutor‘s office with certain COMELEC, to be sure, is also without such
offenses. According to Aquilino Pimentel Jr., a power. The right of a citizen in the democratic
senator of the RP and a candidate for re- process of election should not be defeated by
election in May 2004 elections, said mandatory unwarranted impositions of requirement not
drug testing imposes an additional qualification otherwise specified in the Constitution.
for Senators beyond that which are provided by
the Constitution. No provision in the Beltran v. Secretary of Health
Constitution authorizes the Congress or the
COMELEC to expand the qualification G.R. No. 133640; November 25, 2005
requirements of candidates for senator. Topic: Delegation to Administrative Bodies

ISSUE: Whether or not the Constitution Facts: Republic Act No. 7719 or the National
authorizes the Congress or COMELEC to Blood Services Act of 1994 was enacted into
expand the qualification requirements of law on April 2, 1994. The Act seeks to provide
candidates for senator. an adequate supply of safe blood by promoting
voluntary blood donation and by regulating
RULING: Section 36(g) of RA 9165 is blood banks in the country. Administrative
unconstitutional. It is basic that if a law or an Order No. 9, Series of 1995, constituting the
administrative rule violates any norm of the Implementing Rules and Regulations of said law
Constitution, that issuance is null and void and was promulgated by respondent Secretary of the
has no effect. The Constitution is the basic law Department of Health (DOH). Section 23 of
to which all laws must conform; no act shall be Administrative Order No. 9 provides: ―Section
valid if it conflicts with the Constitution. In the 23. Process of Phasing Out. -- The
discharge of their defined functions, the three Department shall effect the phasing-out of all
departments of government have no choice but commercial blood banks over a period of two
to yield obedience to the commands of the (2) years, extendible for a maximum period of
Constitution. Whatever limits it imposes must two (2) years after the effectivity of R.A. 7719.
be observed. The substantive constitutional The decision to extend shall be based on the
limitations are chiefly found in the Bill of Rights result of a careful study and review of the blood
and other provisions, such as Sec. 3, Art. VI of supply and demand and public safety.‖
the Constitution prescribing the qualifications
of candidates for senators. Petitioners assail the constitutionality of the
questioned legal provisions, namely, Section 7
In the same vein, the COMELEC cannot, in the of Republic Act No. 7719 and Section 23 of
guise of enforcing and administering election Administrative Order No. 9, Series of 1995, on
laws or promulgating rules and regulations to the following ground that the questioned
implement Sec. 36(g), validly impose provisions of the National Blood Services Act and
qualifications on candidates for senator in its Implementing Rules represent undue delegation
addition to what the Constitution prescribes. If if not outright abdication of the police power of
Congress cannot require a candidate for senator the state.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Issue: Whether or not RA 7719 is Tondo Medical v. CA


unconstitutional on the ground that it is an
improper and unwarranted delegation of G.R. No. 1 67324; July 17, 2007
legislative power. Topic: Doctrine of Qualified Political
Agency
Held: No. The Court UPHELD THE
VALIDITY of the Act. In testing whether a Facts: Then President Joseph Ejercito Estrada
statute constitutes an undue delegation of issued Executive Order No. 102, entitled
legislative power or not, it is usual to inquire ―Redirecting the Functions and Operations of
whether the statute was complete in all its terms the Department of Health,‖ which provided for
and provisions when it left the hands of the the changes in the roles, functions, and
Legislature so that nothing was left to the organizational processes of the DOH. In view
judgment of the administrative body or any of the functional and operational redirection in
other appointee or delegate of the the DOH, and to effect efficiency and
Legislature. Except as to matters of detail that effectiveness in its activities, the Department
may be left to be filled in by rules and shall prepare a Rationalization and Streamlining
regulations to be adopted or promulgated by Plan (RSP) which shall be the basis of the
executive officers and administrative boards, an intended changes. Petitioners contend that the
act of the Legislature, as a general rule, is Office of the President should have issued an
incomplete and hence invalid if it does not lay administrative order to carry out the
down any rule or definite standard by which the streamlining, but that it failed to do so.
administrative board may be guided in the
exercise of the discretionary powers delegated Issue: Whether or not an administrative order
to it. Republic Act No. 7719 or the National issued by the President is needed to carry out
Blood Services Act of 1994 is complete in itself. the RSP.
It is clear from the provisions of the Act that
the Legislature intended primarily to safeguard Held: No. Such objection cannot be given any
the health of the people and has mandated weight considering that the acts of the DOH
several measures to attain this objective. One of Secretary, as an alter ego of the President, are
these is the phase out of commercial blood presumed to be the acts of the President. The
banks in the country. The law has sufficiently members of the Cabinet are subject at all times
provided a definite standard for the guidance of to the disposition of the President since they are
the Secretary of Health in carrying out its merely his alter egos. Thus, their acts,
provisions, that is, the promotion of public performed and promulgated in the regular
health by providing a safe and adequate supply course of business, are, unless disapproved by
of blood through voluntary blood donation. By the President, presumptively acts of the
its provisions, it has conferred the power and President. Significantly, the acts of the DOH
authority to the Secretary of Health as to its Secretary were clearly authorized by the
execution, to be exercised under and in President, who, thru the PCEG, issued the
pursuance of the law. aforementioned Memorandum Circular No. 62,
sanctioning the implementation of the RSP.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Doctrine of Qualified Political Agency 2. Whether or not the placing the Presidential
Commission for the Urban Poor (PCUP) under
Under the doctrine of qualified political agency, the supervision and control of the DAR, and
department secretaries are alter egos or assistants of the National Commission on Indigenous
the President and their acts are presumed to be those of Peoples (NCIP) under the DAR as an attached
the latter unless disapproved or reprobated by him. agency are valid.

Anak v. Executive Secretary Held:


1. The issue on the transformation of the
G.R. No. 166052; August 29, 2007 Department of Agrarian Reform (DAR) into
Topic: On Reorganizatioon of the Department of Land Reform (DLR) became
Administrative Bodies moot and academic, however, the department
having reverted to its former name by virtue of
Facts: Then President Arroyo issued EO 364 E.O. No. 456 which was issued on August 23,
transforming of the Department of Agrarian 2005.
Reform (DAR) into the Department of Land
Reform (DLR). 2. Yes. It is not disputed that PCUP and NCIP
Section 2 of EO 364 provide: the PCUP were formed as agencies under the Office of the
(Presidential Commission [for] the Urban President. As thus provided by law, the
Poor) is hereby placed under the supervision President may transfer any agency under the
and control of the Department of Land Office of the President to any other department
Reform. The Chairman of the PCUP shall be or agency, subject to the policy in the Executive
ex-officio Undersecretary of the Department of Office and in order to achieve simplicity,
Land Reform for Urban Land Reform. economy and efficiency. Gauged against these
guidelines, the challenged executive orders may
A month later, EO 379 amended EO 364. not be said to have been issued with grave
Section 3 of EO 379 provide: the National abuse of discretion or in violation of the rule of
Commission on Indigenous Peoples (NCIP) law.
shall be an attached agency of the Department The characterization of the NCIP as
of Land Reform. an independent agency under the Office of the
President does not remove said body from the
AMIN contends that since the DAR, PCUP and President‘s control and supervision with respect
NCIP were created by statutes, they can only be to its performance of administrative functions.
transformed, merged or attached by statutes,
not by mere executive orders. Agencies under the Office of the President

Issues: The “Agencies under the Office of the President” refer to


1. Whether or not the transformation of the those offices placed under the chairmanship of the
DAR into DLR is valid. President, those under the supervision and control of the
President, those under the administrative supervision of
the Office of the President, those attached to the Office

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

for policy and program coordination, and those that are provisions of the Milk Code, but not those of
not placed by law or order creating them under any subsequent WHA Resolutions, can be validly
special department. implemented by the DOH through the subject
RIRR.
Pharmaceutical and Healthcare Association
of the Philippines v. Duque III Jose Jesus Disini v. Secretary of Justice

GR No. 173034; October 9, 2007 G.R. No. 203335; February 11, 2014
Topic: On Implementing Agencies Topic: On Delegation of Legislative Power

Facts: Petitioners seek to nullify Administrative Facts: Petitioners seek to declare several
Order (A.O.) No. 2006-0012 entitled, Revised provisions of Republic Act (R.A.) 10175, the
Implementing Rules and Regulations of Cybercrime Prevention Act of 2012,
Executive Order No. 51, Otherwise Known unconstitutional and void.
as The “Milk Code,” Relevant International Sec. 26. Powers and Functions.– The
Agreements, Penalizing Violations Thereof, CICC shall have the following powers and
and for Other Purposes (RIRR) for allegedly functions:
going beyond the provisions of the Milk Code, (a) To formulate a national cybersecurity plan
thereby amending and expanding the coverage and extend immediate assistance of real time
of said law. The defense of the DOH is that the commission of cybercrime offenses through a
RIRR implements not only the Milk Code but computer emergency response team (CERT); x
also various international instruments regarding x x.
infant and young child nutrition. Petitioners mainly contend that
Petitioners contend that Congress invalidly delegated its power when it
respondent officers of the DOH acted without gave the Cybercrime Investigation and
or in excess of jurisdiction, or with grave abuse Coordinating Center (CICC) the power to
of discretion amounting to lack or excess of formulate a national cybersecurity plan without
jurisdiction, and in violation of the provisions any sufficient standards or parameters for it to
of the Constitution in promulgating the RIRR. follow.

Issue: Whether or not the DOH acted with Issue: Whether or not the Congress invalidly
grave abuse of discretion in promulgating the delegated its power when it gave the
RIRR. Cybercrime Investigation and Coordinating
Center (CICC) the power to formulate a
Held: Since legislation is necessary to transform national cybersecurity plan without any
the provisions of the WHA Resolutions into sufficient standards or parameters for it to
domestic law. The provisions of the WHA follow.
Resolutions cannot be considered as part of the
law of the land that can be implemented by
executive agencies without the need of a law Held: No. The cybercrime law is complete in
enacted by the legislature. Thus, only the itself when it directed the CICC to formulate

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

and implement a national cybersecurity plan. health services and methods. It is the only
Also, contrary to the position of the petitioners, government entity empowered to render such
the law gave sufficient standards for the CICC services and highly proficient to do so. It should
to follow when it provided a definition of be understood that health services and methods
cybersecurity. fall under the gamut of terms that are associated
with what is ordinarily understood as "health
Cybersecurity refers to the collection of tools, products." the functions, powers and duties of
policies, risk management approaches, actions, the FDA are specific to enable the agency to
training, best practices, assurance and carry out the mandates of the law. Being the
technologies that can be used to protect cyber country's premiere and sole agency that ensures
environment and organization and user‘s assets. the safety of food and medicines available to the
This definition serves as the parameters within public, the FDA was equipped with the
which CICC should work in formulating the necessary powers and functions to make it
cybersecurity plan. effective. Pursuant to the principle of necessary
implication, the mandate by Congress to the
James Imbong v. Hon. Ochoa FDA to ensure public health and safety by
permitting only food and medicines that are safe
GR No. 204819; April 8, 2014 includes "service" and "methods." From the
Topic: On Delegation of Legislative Power declared policy of the RH Law, it is clear that
Congress intended that the public be given only
Facts: Republic Act (R.A.) No. 10354, those medicines that are proven medically safe,
otherwise known as the Responsible legal, non-abortifacient, and effective in
Parenthood and Reproductive Health Act of accordance with scientific and evidence-based
2012 (RH Law), was enacted by Congress on medical research standards.
December 21, 2012.
The petitioners question the delegation by
Congress to the FDA of the power to TESTS OF DELEGATION
determine whether or not a supply or product is Gerochi v. DOE
to be included in the Essential Drugs List
(EDL). GR No. 159796; July 17, 2007
Topic: Tests of Delegation
Issue: Whether or not the delegation by
Congress to the FDA of the power to Facts: Petitioners Romeo P. Gerochi, Katulong
determine whether or not a supply or product is Ng Bayan (KB), and Environmentalist
to be included in the Essential Drugs List Consumers Network, Inc. (ECN) (petitioners),
(EDL) is valid. come before this Court in this original action
praying that Section 34 of Republic Act (RA)
Held: Yes. The delegation is valid. The Court 9136, otherwise known as the ―Electric Power
finds nothing wrong with the delegation. The Industry Reform Act of 2001‖ (EPIRA),
FDA does not only have the power but also the imposing the Universal Charge, and Rule 18 of
competency to evaluate, register and cover the Rules and Regulations (IRR) which seeks to

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

implement the said imposition, be declared adequate guidelines or limitations in the law to
unconstitutional. determine the boundaries of the delegate's
Petitioners assail the constitutionality of authority and prevent the delegation from
a provision of the law and its IRR which sought running riot.
to implement the same on the ground that the The Court finds that the EPIRA, read
universal charge provided for under Sec. 34 of and appreciated in its entirety, in relation to Sec.
the EPIRA and sought to be implemented 34 thereof, is complete in all its essential terms
under Sec. 2, Rule 18 of the IRR of the said law and conditions, and that it contains sufficient
is a tax which is to be collected from all electric standards.
end-users and self-generating entities. The Moreover, contrary to the petitioners‘
power to tax is strictly a legislative function and contention, the ERC does not enjoy a wide
as such, the delegation of said power to any latitude of discretion in the determination of the
executive or administrative agency like the ERC Universal Charge. Sec. 51(d) and (e) of the
is unconstitutional, giving the same unlimited EPIRA clearly provides:
authority. The assailed provision clearly
provides that the Universal Charge is to be SECTION 51. Powers. — The
determined, fixed and approved by the ERC, PSALM Corp. shall, in the
hence leaving to the latter complete performance of its functions and
discretionary legislative authority. for the attainment of its
objective, have the following
Issue: Whether or not there is undue delegation powers:
of legislative power to tax on the part of the xxxx
ERC. (d) To calculate the amount of
the stranded debts and stranded
Held: No. There is no undue delegation in the contract costs of NPC
case. which shall form the basis for
ERC in the determination of
All that is required for the valid exercise the universal charge;
of this power of subordinate legislation is that (e) To liquidate the NPC
the regulation be germane to the objects and stranded contract costs,
purposes of the law and that the regulation be utilizing the proceeds from
not in contradiction to, but in conformity with, sales and other property
the standards prescribed by the law. These contributed to it, including
requirements are denominated as the the proceeds from the
completeness test and the sufficient standard universal charge.
test. Thus, the law is complete and passes the
Under the first test, the law must be first test for valid delegation of legislative power.
complete in all its terms and conditions when it As to the second test, this Court had, in
leaves the legislature such that when it reaches the past, accepted as sufficient standards the
the delegate, the only thing he will have to do is following: "interest of law and order;" "adequate
to enforce it. The second test mandates and efficient instruction;" "public interest;"

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

"justice and equity;" "public convenience and met, constitutes undue delegation of the
welfare;" "simplicity, economy and legislative power to tax.
efficiency;" "standardization and regulation of
medical education;" and "fair and equitable Held: No. The case before the Court is not a
employment practices." Provisions of the delegation of legislative power. It is simply a
EPIRA such as, among others, ―to ensure the delegation of ascertainment of facts upon which
total electrification of the country and the enforcement and administration of the increase
quality, reliability, security and affordability of rate under the law is contingent. The legislature
the supply of electric power‖ and ―watershed has made the operation of the 12% rate
rehabilitation and management‖ meet the effective January 1, 2006, contingent upon a
requirements for valid delegation, as they specified fact or condition. It leaves the entire
provide the limitations on the ERC‘s power to operation or non-operation of the 12% rate
formulate the IRR. These are sufficient upon factual matters outside of the control of
standards. the executive.

Abakada v. Ermita No discretion would be exercised by the


President. Highlighting the absence of
GR No. 168056; September 1, 2005 discretion is the fact that the word shall is used
Topic: Tests of Delegation in the common proviso. The use of the
word shall connotes a mandatory order. Its use
Facts: Mounting budget deficit, revenue in a statute denotes an imperative obligation and
generation, inadequate fiscal allocation for is inconsistent with the idea of discretion.
education, increased emoluments for health Where the law is clear and unambiguous, it
workers, and wider coverage for full value- must be taken to mean exactly what it says, and
added tax benefits … these are the reasons why courts have no choice but to see to it that the
Republic Act No. 9337 (R.A. No. 9337) was mandate is obeyed.
enacted. Thus, it is the ministerial duty of the President
Petitioners ABAKADA GURO Party to immediately impose the 12% rate upon the
List, et al., Pimentel, Jr., et al., and Escudero, et existence of any of the conditions specified by
al. contend in common that Sections 4, 5 and 6 Congress. This is a duty which cannot be
of R.A. No. 9337, amending Sections 106, 107 evaded by the President. Inasmuch as the law
and 108, respectively, of the NIRC giving the specifically uses the word shall, the exercise of
President the stand-by authority to raise the VAT discretion by the President does not come into
rate from 10% to 12% when a certain condition play. It is a clear directive to impose the 12%
is met, constitutes undue delegation of the VAT rate when the specified conditions are
legislative power to tax. present. The time of taking into effect of the
12% VAT rate is based on the happening of a
Issue: Whether or not the stand by authority certain specified contingency, or upon the
given to the president to raise the VAT rate ascertainment of certain facts or conditions by a
from 10% to 12% when a certain condition is person or body other than the legislature itself.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

TESTS OF DELEGATION Bureau of Customs (BOC). The law intends to


encourage BIR and BOC officials and
COMPLETENESS TEST- the law must be employees to exceed their revenue targets by
complete in all its terms and conditions when it providing a system of rewards and sanctions
leaves the legislature such that when it reaches through the creation of a Rewards and
the delegate, the only thing he will have to do is Incentives Fund (Fund) and a Revenue
to enforce it. Performance Evaluation Board (Board).
SUFFICIENT STANDARD TEST- Petitioners assert that the law unduly
mandates adequate guidelines or limitations in delegates the power to fix revenue targets to the
the law to determine the boundaries of the President as it lacks a sufficient standard on that
delegate's authority and prevent the delegation matter. While Section 7(b) and (c) of RA 9335
from running riot. provides that BIR and BOC officials may be
dismissed from the service if their revenue
Purely legislative power, which can collections fall short of the target by at least
never be delegated, has been described as 7.5%, the law does not, however, fix the
the authority to make a complete law – revenue targets to be achieved. Instead, the
complete as to the time when it shall take fixing of revenue targets has been delegated to
effect and as to whom it shall be applicable the President without sufficient standards. It
– and to determine the expediency of its will therefore be easy for the President to fix an
enactment. unrealistic and unattainable target in order to
The general rule barring delegation of dismiss BIR or BOC personnel.
legislative powers is subject to the following
recognized limitations or exceptions: Issue: Whether or not the fixing of revenue
(1) Delegation of tariff powers to the targets has been delegated to the President
President under Section 28 (2) of Article VI of without sufficient standards.
the Constitution;
(2) Delegation of emergency powers to the Held: No. The law provides for sufficient
President under Section 23 (2) of Article VI of standards in its delegation to the President.
the Constitution;
(3) Delegation to the people at large; RA 9335 adequately states the policy
(4) Delegation to local governments; and and standards to guide the President in fixing
(5) Delegation to administrative bodies. revenue targets and the implementing agencies
in carrying out the provisions of the law.
Abakada v. Purisima Section 2 spells out the policy of the law:
SEC. 2. Declaration of Policy. – It is the
GR No. 166715; August 14, 2008 policy of the State to optimize the revenue-
Topic: Tests of Delegation generation capability and collection of the
Bureau of Internal Revenue (BIR) and the
Facts: RA 9335 was enacted to optimize the Bureau of Customs (BOC) by providing for a
revenue-generation capability and collection of system of rewards and sanctions through the
the Bureau of Internal Revenue (BIR) and the creation of a Rewards and Incentives Fund and
a Revenue Performance Evaluation Board in
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

the above agencies for the purpose of public office in connection with the May 10,
encouraging their officials and employees to 2004 synchronized national and local
exceed their revenue targets. elections. Petitioner Aquilino Pimentel a senator
Revenue targets are based on the of the Republic and a candidate for re-election
original estimated revenue collection expected in the May 10, 2004 elections,[1] filed a Petition
respectively of the BIR and the BOC for a given for Certiorari and Prohibition under Rule
fiscal year as approved by the DBCC and stated 65. In it, he seeks (1) to nullify Sec. 36(g) of RA
in the BESF submitted by the President to 9165 and COMELEC Resolution No. 6486
Congress. Thus, the determination of revenue dated December 23, 2003 for being
targets does not rest solely on the President as it unconstitutional in that they impose a
also undergoes the scrutiny of the DBCC. qualification for candidates for senators in
On the other hand, Section 7 specifies addition to those already provided for in the
the limits of the Board‘s authority and identifies 1987 Constitution.
the conditions under which officials and
employees whose revenue collection falls short ISSUE: Whether or not Resolution No. 6486 is
of the target by at least 7.5% may be removed unconstitutional.
from the service. RULING: Yes. COMELEC cannot, in the guise
At any rate, this Court has recognized of enforcing and administering election laws or
the following as sufficient standards: ―public promulgating rules and regulations to
interest,‖ ―justice and equity,‖ ―public implement Sec. 36(g), validly impose
convenience and welfare‖ and ―simplicity, qualifications on candidates for senator in
economy and welfare.‖ In this case, the declared addition to what the Constitution prescribes. If
policy of optimization of the revenue- Congress cannot require a candidate for senator
generation capability and collection of the BIR to meet such additional qualification, the
and the BOC is infused with public interest. COMELEC, to be sure, is also without such
power. The right of a citizen in the democratic
process of election should not be defeated by
unwarranted impositions of requirement not
otherwise specified in the Constitution.
G. LEGISLATIVE
ALDABA VS. COMMISSION ON ELECTIONS
Aquilino Pimentel vs. Commission on
Elections G.R No. 188078 (January 25, 2010)

G.R. No. 161658 (November 3, 2008) Topic: Legislative District

TOPIC: Composition, Qualification, Term FACTS: Congress enacted Republic Act (R.A.)
9591, to amend Section 57 of R.A. 8754, the
FACTS: On December 23, 2003, Terafe charter of the City of Malolos, making the city a
Commission on Elections issued Resolution separate district from the existing first
No. 6486, prescribing the rules and regulations legislative district of Bulacan. Petitioners filed
on the mandatory drug testing of candidates for the present action, assailing the constitutionality

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

of R.A. 9591 pointing out that the law failed to said law and he went immediately to the
comply with the requirement of Section 5(4), Supreme Court. He was contending that the
Article VI of the 1987 Constitution that a city 2nd district was created without a plebiscite
must have a population of at least 250,000; (2) which was required by the Constitution.
that the creation of a separate district amounts
to a conversion and requires the conduct of ISSUE: Whether or not a plebiscite was required
a plebiscite; and (3) that the law violates Section in order to create a legislative district.
5(3), Article VI which provides that each district
shall comprise as far as practicable, contiguous, RULING: No. A plebiscite is not required in the
compact and adjacent territory. case at bar. RA 9371 merely increased the
representation of Cagayan de Oro City in the
ISSUE: RA 9591 unconstitutional for House of Representatives and Sangguniang
being violative of Section5(3), Article VI of the Panglungsod pursuant to Section 5, Article VI
1987 Constitution and Section 3 of the of the 1987 Constitution; the criteria established
Ordinance appended to the 1987Constitution. under Section 10, Article X of the 1987
Constitution only apply when there is a
RULING: Yes RA 9591 is unconstitutional for creation, division, merger, abolition or
being violative of Section5 (3), Article VI of the substantial alteration of boundaries of a
1987 Constitution and Section 3 of the province, city, municipality, or barangay; in this
Ordinance appended to the 1987 Constitution. case, no such creation, division, merger,
The Certification of Regional Director Miranda, abolition or alteration of boundaries of a local
which is based on demographic projections, is government unit took place; and R.A. No. 9371
without legal effect because Regional Director did not bring about any change in Cagayan de
Miranda has no basis and no authority to issue Oro‘s territory, population and income
the Certification. The Certification is also void classification; hence, no plebiscite is required.
on its face because based on its own growth rate
assumption; the population of Malolos will be Ang Ladlad LGBT Party vs. COMELEC
less than 250,000 in the year 2010.
G.R. No. 190852 (April 8, 2010)
BAGABUYO VS. COMELEC TOPIC: Party-list Organization

G.R. No. 176970 (December 8, 2008) FACTS: Petitioner filed a petition for Certiorari with
an application for preliminary injunction against the
TOPIC: Plebiscite Resolutions of the Commission on Election‘s refusal
to accredit Ang Ladlad as a party-list organization
FACTS: Cagayan de Oro Congressman under Republic Act (RA) No. 7941, otherwise
Jaraula sponsored a bill to have two legislative known as the Party-List System Act. Ang Ladlad is
districts in Cagayan deOro since CdO had only an organization composed of men and women who
one legislative districts. The law was passed (RA identify themselves as lesbians, gays, bisexuals, or
9371) hence two legislative districts were trans-gendered individuals (LGBTs) that are
created. Bagabuyo assailed the validity of the marginalized and under-represented sector that is

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

particularly disadvantaged because of their sexual Trillanes vs. Pimentel, Sr.


orientation and gender identity. Incorporated in
2003, Ang Ladlad first applied for registration with G.R. No. 179817 (June 27, 2008)
the COMELEC in 2006. The application for
accreditation was denied on the ground that the Topic: Privilege to Attend Official Functions
organization had no substantial membership base.
FACTS: Petitioner Trillanes IV is on trial for
ISSUE: Whether or not Petitioner should be coup d‘etat in relation to the ―Oakwood
accredited as a party-list organization under RA Incident.‖ when he won a seat in the Senate
7941. with a six-year term commencing at noon on
June 30, 2007. Petitioner now asks the Court
RULING: Yes. The enumeration of that he be allowed to attend all official functions
marginalized and under-represented sectors is of the Senate.
not exclusive. The crucial element is not
whether a sector is specifically enumerated, but ISSUE: Whether or not petitioner be allowed
whether a particular organization complies with to attend all official functions of the Senate
the requirements of the Constitution and RA
7941. Ang Ladlad has sufficiently demonstrated RULING: No, Emergency or compelling
its compliance with the legal requirements for temporary leaves from imprisonment is allowed
accreditation. 1987 Constitution provides in to all prisoners, at the discretion of the
Article III, Section 5 that ―no law shall be made authorities or upon court orders. That this
respecting an establishment of religion, or discretion was gravely abused, petitioner failed
prohibiting the free exercise thereof.‖ At to establish. In fact, the trial court previously
bottom, what our non-establishment clause calls allowed petitioner to register as a voter in
for is ―government neutrality in religious December 2006, file his certificate of candidacy
matters. Clearly, ―governmental reliance on in February 2007, cast his vote on May 14, 2007,
religious justification is inconsistent with this be proclaimed as senator-elect, and take his oath
policy of neutrality.‖Laws of general application of office49 on June 29, 2007. In a seeming
should apply with equal force to LGBTs and attempt to bind or twist the hands of the trial
they deserve to participate in the party-list court lest it be accused of taking a complete
system on the same basis as other marginalized turn-around, petitioner largely banks on these
and under-represented sectors. The principle of prior grants to him and insists on unending
non-discrimination requires the laws of general concessions and blanket authorizations.
application relating to elections be applied to all
persons, regardless of sexual orientation. Limkaichong v. COMELEC

583 SCRA 1; April 1, 2009

Topic: Electoral Tribunal

Facts: Jocelyn Limkaichong filed a Certificate


of Candidacy for the position of Representative

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

of First Distict of Negros Occidental. Petitions proper proceeding before the HRET. This is
for her disqualification were instituted alleging pursuant to Section 17, Article VI of the
that she lacked the citizenship requirement. Constitution which states that ―The Senate and
Limkaichong, however, emerged as the winner the House of Representatives shall each have an
pending the disqualification case. A Very Urgent Electoral Tribunal which shall be the sole judge
Motion for Leave to Intervene and to Suspend of all contests relating to the election, returns,
the Proclamation of Limkaichong was filed. and qualifications of their respective Members‖
COMELEC 2nd Division granted the petitions
in the disqualification cases and disqualified
Limkaichong and directed Provincial Board of Señeres v. COMELEC
Canvassers (PBOC) to suspend her
proclamation. However, COMELEC en banc 585 SCRA 557; April 16, 2009
issued a resolution adopting the policy-
Topic: Electoral Tribunal
guidelines of not suspending the proclamation
of winning candidates with pending Facts: Hans Christian Señeres, holding himself
disqualification cases. PBOC, in compliance up as acting president and secretary-general of
with the resolution, proclaimed Limkaichong. Buhay Hayaan Yumabong (BUHAY) filed a
COMELEC later on issued a resolution Certificate of Nomination with the COMELEC.
declaring Limkaichong as a disqualified This is prior private respondent and elected
congressional candidate. President Melquiades Robles‘ filing of the same
Louis Biraogo, as a citizen, contended that certificate. Señeres filed a petition to deny
COMELEC en banc gravely abused its discretion Robles‘ certificates of nomination alleging that
for still acting upon Limkaichong‘s the latter has no authority because he was the
manifestation and motion. acting president and secretary-general of
BUHAY. National Council of BUHAY expelled
Issue: Whether or not upon Limkaichong's
Señeres. BUHAY was proclaimed winner in the
proclamation, the HRET, instead of the
May 2007 election and COMELEC issued a
COMELEC, should assume jurisdiction over
resolution (E.M. 07-043) recognizing and
the disqualification cases.
declaring Robles as the president of BUHAY.
Ruling: Yes. Once a winning candidate has Señeres then filed the petition for certiorari
been proclaimed, taken his oath, and assumed alleging that COMELEC acted without or in
office as a Member of the House of excess of jurisdiction or with grave abuse of
Representatives, the COMELEC's jurisdiction discretion amounting to lack or excess of
over election contests relating to his election, jurisdiction in issuing E.M. 07-043.
returns, and qualifications ends, and the
Issue: Whether or not a petition for certiorari is
HRET's own jurisdiction begins. It follows then
a proper remedy for Señeres
that the proclamation of a winning candidate
divests the COMELEC of its jurisdiction over Ruling: No. A special civil action for certiorari
matters pending before it at the time of the may be availed of when the tribunal, board, or
proclamation. The party questioning his officer exercising judicial or quasi-judicial
qualification should now present his case in a functions has acted without or in excess of

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

jurisdiction and there is no appeal or any plain, Rules from the issuance of NBC Resolution No.
speedy, and adequate remedy in the ordinary 07-60. The NBC Resolution partially
course of law for the purpose of annulling the proclaimed CIBAC as a winner but was not a
proceeding. Since at the time Señeres filed this proclamation of the private respondent
petition, nominees had taken their oath and himself. Alternatively, since petitioner‘s
already assumed their officed in the House of challenge goes into private respondent‘s
Representatives, the proper recourse would qualifications, it may be filed at any time during
have been to file a petition for quo warranto his term.
before the House of Representatives Electoral
Tribunal (HRET).
Lokin Jr. v. COMELEC

Amores v. HRET 621 SCRA 385; June 22, 2010

622 SCRA 593; June 29, 2010 Topic: Electoral Tribunal

Topic: Electoral Tribunal Facts: The Citizens‘ Battle Against Corruption


(CIBAC), a registered party-list organization
Facts: Milagros Amores seeks for the ouster of during 2007 elections, submitted their list of
Emmanuel Villanueva as representative of five nominees. However, the list was amended
Citizen‘s Battle Against Corruption (CIBAC) in and some nominees, including petitioner Luis
the House of Representatives alleging that the Lokin Jr., were substituted. In E.M. No. 07-54,
latter assumed office without formal COMELEC en banc approved the withdrawal of
proclamation issued by the Commission on the substituted nominees. Lokin argued that Sec.
Elections (COMELEC), was disqualified to be a 13 of Resolution No. 7804 issued by
nominee of the youth sector of CIBAC for COMELEC expanded the grounds for
being beyond the age limit, and his change of substitution of nominees. COMELEC in its
affiliation from CIBAC‘s youth sector to its comment said that Lokin‘s protest must be filed
OFW and their families sector was not in in the House of Representatives Electoral
conformity with Section 15 of R.A. 7941. The Tribunal (HRET) and the Court therefore has
House of Representatives Electoral Tribunal no jurisdiction over the matter being raised by
(HRET) dismissed petitioner‘s claims. It also him
found the petition was filed beyond the
reglementary period of 10 days from private Issue: Whether or not HRET has jurisdiction
respondent‘s proclamation issued in NBC over the case.
Resolution No. 07-60. Ruling: No. Lokin‘s case is neither an election
Issue: Whether or not HRET committed grave protest nor an action for quo warranto for it to be
abuse for dismissing petitioner‘s petition for covered by HRET‘s jurisdiction. The special
being filed out of time. civil action for certiorari against COMELEC to
review the latter‘s resolution was the proper
Ruling: Yes. HRET erroneously counted the action for Lokin‘s peculiar situation. Rule 64 of
10-day reglementary period provided in its the 1997 Rules of Civil Procedure provides that

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

the mode of review of the judgments, final Ruling: Yes. Sec. 5, Art. VI of the Constitution
orders or resolutions of the COMELEC and and the Party-list System Act both recognize
the Commission on Audit is by a petition for party-list nominees as ―members of the House
certiorari in accordance with Rule 65 to be filed of Representatives‖. It is the party-list
in the Supreme Court within a limited period of representatives who are ―elected‖ into office,
30 days. Undoubtedly, the Court has original not their parties or organization.
and exclusive jurisdiction over Lokin‘s petitions Sec. 17, Art. VI of the Constitution provides
for certiorari and for mandamus against the that the HRET shall be the sole judge of all
COMELEC. contests relating to the qualifications of the
members of the HR. Since party-list nominees
are members of the HR, the HRET has the
Abayon v. HRET jurisdiction to pass upon their qualifications.

612 SCRA 275; February 11, 2010

Topic: Electoral Tribunal ABC Party List v. COMELEC

Facts: Daryl Grace Abayon is the first nominee G.R. No. 193256; March 22, 2011
of the Aangat Tayo party-list that won a seat in Topic: Electoral Tribunal
the House of Representatives during the 2007
elections. Respondents, as registered voters, Facts: A petition was filed for the cancellation
argued that Aangat Tayo was not an eligible of registration and accreditation of ABC
party-list because it did not represent the (Alliance for Barangay Concerns) Party-List as it
marginalized and the underrepresented sectors was allegedly a front for a religious organization,
and that Abayon herself was not qualified a violation of R.A. 7941 (Party-list System Act).
because she did not belong to the said sector COMELEC 2nd Division dismissed this petition.
and she lost her bid as a party-list representative However, COMELEC en banc partially granted
in the immediately preceding election. the motion for reconsideration and directed the
Abayon countered that COMELEC already Commission Secretary to schedule a hearing.
confirmed the status of Aangat tayo as an Petitioner contended that COMELEC en banc
eligible party-list organization. Furthermore, she has no more jurisdiction to entertain the
pointed out that the House of Representatives petition for cancellation of registration and
Electoral Tribunal (HRET) has no jurisdiction accreditation since ABC was already proclaimed
over the issue of Aangat Tayo‘s qualification as as winner. Invoking Section 17, Article VI of
well as her eligibility. These matters should be the Constitution which provides that the House
within the jurisdiction of COMELEC. of Representatives Electoral Tribunal (HRET)
shall be the sole judge of all electoral contests,
Issue: Whether or not the HRET has the the COMELEC is divested of jurisdiction to
authority to pass upon the eligibilities of the pass upon its qualification.
nominees of the party-list groups that won seats
in the lower house of Congress. Issue: Whether or not the HRET should have
the jurisdiction of the case.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Ruling: No. The jurisdiction of the Dueñas v. HRET


COMELEC over petitions for cancellation of
registration of any political party, organization 593 SCRA 316; July 21, 2009
or coalition is derived from Section 2 (5), Topic: Electoral Tribunal
Article IX-C of the Constitution.
Facts: Henry Dueñas and Angelito Reyes were
rival candidates for the position of congressman
Bantay Republic Act or BA-RA v. in Taguig City in which the former won. Reyes
COMELEC prayed for a recount alleging that there where
anomalies which resulted in the reduction of his
523 SCRA 1; May 4, 2007 votes. Petitioner Dueñas also counter-protested
that there is miscounting in some precincts
Topic: Electoral Tribunal resulting in the reduction of his votes. HRET
Facts: Commission on Elections issued thereafer directed the revision of ballots in
Resolution No. 7804 prescribing rules and 100% of the protested precincts and 25% pilot
regulations to govern the filing of manifestation of the counter-protested precincts. HRET
of intent to participate and submission of names directed the continuation of the revision and
of nominees under the party-list system of appreciation of the remaining 75% of the
representation in connection with the May 14, counter-protested precincts pursuant to Rule 88
2007 elections. A number of organized groups of the HRET Rules. Petitioner moved for
filed their manifestations and were subsequently reconsideration but HRET denied his motion,
accredited by COMELEC. invoking Rule 88 of the HRET rules which
Petitioners argued that COMELEC committed states that it had the discretion either to dismiss
grave abuse of discretion when it granted the the protest/ counter-protest or continue with
accreditation without simultaneously the revision if necessary. Furthermore, it could
determining the qualifications of their nominees. not determine the true will of the electorate on
the basis alone of the initial revision of the
Issue: Whether or not COMELEC committed 100% protested precincts and the 25% counter-
grave abuse of discretion protested precincts, it had no other recourse but
to continue the revision and appreciation of all
Ruling: No. Nowhere in R.A. No. 7804 is there
the remaining 75% counter-protested precincts.
a requirement that the qualification of the party-
list nominees be determined simultaneously Petitioner argued that HRET committed grave
with the accreditation of the organization. abuse of discretion in ordering the continuation
of the revision of ballots in the remaining
unrevised precincts as its acts amounted to
giving private respondent the undeserved
chance to prevail by assisting him in his search
for evidence to support his case.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Issue: Whether or not the HRET committed because it permits legislative participation in the
grave abuse of discretion, amounting to lack or implementation and enforcement of the law.
excess of jurisdiction
Respondent countered that the creation of the
Ruling: No. Rule 88 of the HRET Rules states congressional oversight committee enhances
HRET could continue or discontinue the separation of powers. It ensures the fulfilment
revision proceedings ex propio motu, that is, of its of the legislative policy and serves as a check to
own accord. The only requisite is its own any over-accumulation of power on the part of
determination that the evidence presented could the executive and the implementing agencies.
affect the officially proclaimed results.
ISSUE: Whether or not the congressional
oversight violates the separation of powers.
ABAKADA GURO PARTY-LIST v.
PURISIMA RULING: No. The power of oversight
embraces all activities undertaken by Congress
562 SCRA 251 (2008) to enhance its understanding of and influence
over the implementation of legislation it has
TOPIC: Legislative Power enacted. Clearly, oversight concerns post-
enactment measures undertaken by Congress:
FACTS: RA 9335 was enacted to optimize the (a) to monitor bureaucratic compliance with
revenue-generation capability and collection of program objectives, (b) to determine whether
the BIR and the BOC. This is to encourage its agencies are properly administered, (c) to
officials and employees to exceed their revenue eliminate executive waste and dishonesty, (d) to
targets by providing a system of rewards and prevent executive usurpation of legislative
sanctions through the creation of a Rewards and authority, and (d) to assess executive conformity
Incentives FUND and a Revenue Performance with the congressional perception of public
Evaluation Board, sourced from the collection interest.
of the BIR and the BOC in excess of their
revenue targets for the year. The power of oversight has been held to be
intrinsic in the grant of legislative power itself
Invoking their rights as taxpayers, petitioners and integral to the checks and balances inherent
challenged the constitutionality of RA 9335, in a democratic system of government.
contending that the system invites corruption
and undermines the constitutionally mandated
duty of these officials and employees to serve JAMES IMBONG v. HON. OCHOA
the people with utmost responsibility, integrity,
Gr No. 204819; April 8, 2014
loyalty and efficiency since they will do their
best only in consideration of such rewards. TOPIC: Approval of the Bill

Also, the creation of a congressional oversight FACTS: RA No. 10354, ―Responsible


committee was assailed on the ground that it Parenthood and Reproductive Health Act of
violates the doctrine of separation of powers 2012‖ was enacted by Congress. Shortly after
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the President approved the bill, challengers and consequences of the proposed law and
from various sectors of society came knocking its operation. Moreover, this Court has
on the doors of the Court, beckoning it to wield invariably adopted a liberal rather than
the sword that strikes down constitutional technical construction of the rule "so as not
disobedience. to cripple or impede legislation."

Petitioners contend that RH Law violates the In this case, a textual analysis of the various
one subject/one bill rule provision under provisions of the law shows that both
Section 26(1), Article VI of the Constitution on "reproductive health" and "responsible
the ground that being one for reproductive parenthood" are interrelated and germane to the
health with responsible parenthood, the overriding objective to control the population
legislation violates the constitutional standards growth.
of due process by concealing its true intent - to
act as a population control measure. Considering the close intimacy between
"reproductive health" and "responsible
To belittle the challenge, the respondents insist parenthood" which bears to the attainment of
that the RH Law is not a birth or population the goal of achieving "sustainable human
control measure, and that the concepts of development" as stated under its terms, the
"responsible parenthood" and "reproductive Court finds no reason to believe that Congress
health" are both interrelated as they are intentionally sought to deceive the public as to
inseparable. the contents of the assailed legislation.

ISSUE: Whether or not RH Law violates the ABAKADA GURO PARTY LIST v.
one subject/one bill rule provision under ERMITA
Section 26 (1) of Article VI of the Constitution.
469 SCRA 1 (2005)
RULING: The RH Law does not violate the
one subject/one bill rule. In Benjamin E. TOPIC: Approval of the Bill
Cawaling, Jr. v. The Commission on Elections and Rep.
FACTS: RA 9337 ―VAT Reform Act‖ was
Francis Joseph G Escudero, it was written:
signed into law by the President. But before the
law took effect, ABAKADA GURO Party List,
It is well-settled that the "one title-one
et al., filed a petition for prohibition, questioning
subject" rule does not require the Congress
the constitutionality of Sections 4, 5 and 6 of
to employ in the title of the enactment
R.A. No. 9337 having common proviso
language of such precision as to mirror, fully
authorizing the President, upon
index or catalogue all the contents and the
recommendation of the Secretary of Finance, to
minute details therein. The rule is
raise the VAT rate to 12%, subject to
sufficiently complied with if the title is
conditions:
comprehensive enough as to include the
general object which the statute seeks to (i) Value-added tax collection as a
effect, and where, as here, the persons percentage of GDP of the previous
interested are informed of the nature, scope year exceeds 2 4/5%;
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(ii) National government deficit as a No. The Court reiterates here that the ―no-
percentage of GDP of the previous year amendment rule‖ refers only to the procedure
exceeds 1½%‖ to be followed by each house of Congress with
regard to bills initiated in each of said respective
Petitioners allege the grant of stand- houses, before said bill is transmitted to the
by authority to the President on the ground that other house for its concurrence or
it is an undue delegation of legislative power, amendment. Verily, to construe said provision
that the increase in the VAT rate to 12% in a way as to proscribe any further changes to a
contingent on any of the two conditions being bill after one house has voted on it would lead
satisfied violates the due process clause to absurdity as this would mean that the other
embodied in Article III, Section 1 of the house of Congress would be deprived of its
Constitution, as it imposes an unfair and constitutional power to amend or introduce
additional tax burden on the people. changes to said bill. Thus, Art. VI, Sec. 26 (2)
Petitioners further claim that the inclusion of of the Constitution cannot be taken to mean
a stand-by authority granted to the President by that the introduction by the Bicameral
the Bicameral Conference Committee is a Conference Committee of amendments and
violation of the ―no-amendment rule‖ laid modifications to disagreeing provisions in bills
down in Article VI, Section 26(2) of the that have been acted upon by both houses of
Constitution. Congress is prohibited.

ISSUE: Whether R.A. No. 9337 SENATE OF THE PHILIPPINES v.


violates the following provisions of the ERMITA
Constitution:
495 SCRA 170 (2006)
a. Article VI, Section 24, and
TOPIC: Legislative Inquiries
b. Article VI, Section 26(2)
FACTS: Scandals concerning anomalous
RULING: No. Under the provisions of both transactions of the North Rail Project and the
the Rules of the House of Representatives and Garci tapes arose in 2005. The Senate was then
Senate Rules, the Bicameral Conference prompted to conduct a public hearing to
Committee is mandated to settle the differences investigate the said anomalies particularly the
between the disagreeing provisions in the alleged overpricing in the NRP.
House bill and the Senate bill. The term ―settle‖
The Senate Committee issued invitations to
is synonymous to ―reconcile‖ and ―harmonize.‖
certain department heads and military officials
In the present case, the changes introduced by to speak before the committee as resource
the Bicameral Conference Committee on persons. Ermita submitted that he and some of
disagreeing provisions were meant only to the department heads cannot attend the
reconcile and harmonize the disagreeing said hearing due to pressing matters that need
provisions for it did not inject any idea or intent immediate attention. AFP Chief of Staff Senga
that is wholly foreign to the subject embraced likewise sent a similar letter. Drilon, the senate
by the original provisions. president, accepted the said requests for they

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were sent belatedly and arrangements were House of Congress with power to make
already made and scheduled. Subsequently, investigations and exact testimony to the end
GMA issued EO 464, which prohibits officials that it may exercise its legislative functions
and such other officers as may be determined advisedly and effectively, such power is so far
by the President, who are covered by the incidental to the legislative function as to be
executive privilege, from appearing in such implied. In other words, the power of inquiry –
hearings conducted by Congress without first with process to enforce it – is an essential and
securing the president‘s approval. appropriate auxiliary to the legislative
function. A legislative body cannot legislate
The department heads and the military officers wisely or effectively in the absence of
who were invited by the Committee then information respecting the conditions which the
invoked EO 464. The legislation is intended to affect or change; and
scheduled hearing proceeded even if only 2 where the legislative body does not itself
military personnel attended. For defying possess the requisite information – which is not
President Arroyo‘s order barring military infrequently true – recourse must be had to
personnel from testifying before legislative others who do possess it. Experience has
inquiries without her approval, Brig. Gen. shown that mere requests for such information
Gudani and Col. Balutan were relieved from are often unavailing, and also that information
their military posts and were made to face court which is volunteered is not always accurate or
martial proceedings. complete; so some means of compulsion is
essential to obtain what is needed.‖
EO 464‘s constitutionality was questioned on
the ground that it infringes on the rights and
duties of Congress to conduct investigation in Neri v. Senate Committee on Accountability
aid of legislation and conduct oversight of Public Officers and Investigations
functions in the implementation of laws.
GR No. 180643; March 25, 2008
Topic: Legislative Inquiries
ISSUE: Whether E.O. 464 contravenes the
power of inquiry vested in Congress.
Facts: Petitioner testified before respondent
RULING: E.O. 464, to the extent that it bars Committees in an investigation on the NBN
the appearance of executive officials before Project. He disclosed that then Commission on
Congress, deprives Congress of the information Elections (COMELEC) Chairman Benjamin
in the possession of these officials. To resolve Abalos offered him P200 Million in
the question of whether such withholding of exchange for his approval of the NBN
information violates the Constitution, Project. He further narrated that he informed
consideration of the general power of Congress President Arroyo about the bribery attempt and
to obtain information, otherwise known as the that she instructed him not to accept the
power of inquiry, is in order. bribe. However, when probed further on what
they discussed about the NBN Project,
―Although there is no provision in the petitioner refused to answer, invoking
Constitution expressly INVESTING either

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―executive privilege‖. In particular, he refused petitioner for non-compliance with the


to answer the questions on subpoena?
(a) whether or not President Arroyo followed
up the NBN Project, Held:
(b) whether or not she directed him to 1. Yes. The three (3) questions are covered by
prioritize it, and the presidential communications
(c) whether or not she directed him to approve. privilege. First, the communications relate to
Unrelenting, respondent Committees issued a ―quintessential and non-delegable power‖ of
a Subpoena Ad Testificandum to petitioner, the President, i.e. the power to enter into an
requiring him to appear and testify. However, executive agreement with other countries. This
Executive Secretary Eduardo R. Ermita authority of the President to enter into executive
requested respondent Committees to dispense agreements without the concurrence of the
with petitioner‘s testimony on the ground Legislature has traditionally been recognized in
of executive privilege. Petitioner did not Philippine jurisprudence. Second, the
appear before respondent Committees, thus the communications are ―received‖ by a close
latter issued the show cause Letter requiring advisor of the President. Under the ―operational
him to explain why he should not be cited in proximity‖ test, petitioner can be considered a
contempt. Petitioner replied to respondent close advisor, being a member of President
Committees, manifesting that it was not his Arroyo‘s cabinet. And third, there is no
intention to ignore the Senate hearing and that adequate showing of a compelling need that
he thought the only remaining questions were would justify the limitation of the privilege and
those he claimed to be covered by executive of the unavailability of the information
privilege. Respondent Committees found elsewhere by an appropriate investigating
petitioner‘s explanations unsatisfactory, hence authority.
they issued the Order citing him in contempt of
respondent Committees and ordering his arrest 2. Yes. Respondent Committees did not comply
and detention at the Office of the Senate with the requirement laid down in Senate v.
Sergeant-At-Arms until such time that he would Ermita that the invitations should contain the
appear and give his testimony. Petitioner ―possible needed statute which prompted the
contends that respondent Committees‘ show need for the inquiry,‖ along with ―the usual
cause Letter and indication of the subject of inquiry and
contempt Order were issued with grave abus the questions relative to and in furtherance
e of discretion thereof.‖ Compliance with this requirement is
amounting to lack or excess of jurisdiction. imperative, both under Sections 21 and 22 of
Article VI of the Constitution. This must be so
Issues: to ensure that the rights of both
1. Whether or not the Executive Privilege was persons appearing in or affected by such
properly invoked. inquiry are respected as mandated by said
Section 21 and by virtue of the express language
2. Whether or not Senate Committees gravely of Section 22. Unfortunately, despite
abuse their discretion in ordering the arrest of petitioner‘s repeated demands, respondent

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Committees did not send him an advance list of Petition for Prohibition and Injunction, with
questions. Prayer for Temporary Restraining Order and/or
The phrase ‗duly published rules of Writ of Preliminary Injunction that the
procedure‘ requires the Senate of every respondent House Committees be restrained
Congress to publish its rules of procedure from using these tape recordings of the ―illegally
governing inquiries in aid of legislation because obtained‖ wiretapped conversations in their
every Senate is distinct from the one before it or committee reports and for any other purpose.
after it. Since Senatorial elections are held every
three (3) years for one-half of the Senate‘s Issue: Whether or not the respondents should
membership, the composition of the Senate also be prohibited from playing the tape recordings
changes by the end of each term. Each Senate on the ground that it is in violation of R.A. No.
may thus enact a different set of rules as it may 4200 and Section 3, Article III of the
deem fit. Not having published its Rules of Constitution.
Procedure, the subject hearings in aid of
legislation conducted by the 14th Senate, are Held: The Court dismissed the petition for
therefore, procedurally infirm. being moot and academic because the
recordings were already played and there is also
Garcillano v. House of Representatives the widely publicized fact that the committee
Committee on Accountability of Public reports on the ―Hello Garci‖ inquiry were
Information, Public Order and Safety, completed and submitted to the House in
National Defense and Security, Information plenary by the respondent committees. Having
and Communications Technology and been overtaken by these events, the Garcillano
Suffrage and Electoral Reforms petition has to be dismissed for being moot and
academic. After all, prohibition is a preventive
GR No. 170338; December 28, 2003 remedy to restrain the doing of an act about to
Topic: Legislative Inquiries be done, and not intended to provide a remedy
for an act already accomplished.
Facts: The tapes, notoriously referred to as the _____________________________________
―Hello Garci‖ tapes, allegedly contained the Philcomsat Holdings Corp. v. Senate
President‘s instructions to COMELEC
Commissioner Virgilio Garcillano to manipulate GR No. 180308; June 19, 2012
in her favor results of the 2004 presidential Topic: Legislative Inquiry
elections. These recordings were to become the
subject of heated legislative hearings conducted Facts: Committee Report No. 312
separately by committees of both Houses of recommended, inter alia, the privatization and
Congress. After prolonged and impassioned transfer of the jurisdiction over the shares of
debate by the committee members on the the government in POTC and PHILCOMSAT
admissibility and authenticity of the recordings, to the Privatization Management Office (PMO)
the tapes were eventually played in the under the Department of Finance (DOF) and
chambers of the House. Petitioner Virgilio O. the replacement of government nominees as
Garcillano (Garcillano) filed with this Court a directors of POTC and PHILCOMSAT in view
of the losses that the government continued to
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incur and in order to protect its interests in ______________________________


POTC, PHILCOMSAT and PHC. Petitioner De La Paz v. Senate Committee on Foreign
seeks to enjoin the implementation of and Relations
nullify Committee Report No. 312 for allegedly
having been approved by respondent Senate of GR No. 184849; February 13, 2009
the Republic of the Philippines (respondent Topic: Legislative Inquiry
Senate) with grave abuse of discretion
amounting to lack or in excess of jurisdiction, Facts: Gen. Dela Paz was apprehended by the
questioning, in particular, the haste with which local authorities at the Moscow airport
the respondent Senate approved the challenged departure area for failure to declare in written
Committee Report No. 312. form the 105,000 euros
[approximately P6,930,000.00] found in his
Issue: Whether or not Committee Report No. luggage. In addition, he was also found to have
312 should be nullified, having proposed no in his possession 45,000 euros (roughly
piece of legislation and having been hastily equivalent to P2,970,000.00). Petitioners were
approved by the respondent Senate. detained in Moscow for questioning. After a
few days, Gen. Dela Paz and the PNP
Held: No. ―The Senate or the House of delegation were allowed to return to
Representatives or any of its respective the Philippines, but the Russian government
committees may conduct inquiries in aid of confiscated the euros. Gen. Dela Paz arrived
legislation in accordance with its duly published in Manila, a few days after Mrs. Dela Paz.
rules of procedure. The rights of persons Awaiting them were subpoenae earlier issued by
appearing in or affected by such inquiries shall respondent Committee for the investigation it
be respected.‖ The Court explained that such was to conduct on the Moscow incident.
conferral of the legislative power of inquiry Respondent Committee held its first
upon any committee of Congress, in this case hearing. Instead of attending the hearing,
the respondents Senate Committees, must carry petitioners filed with respondent Committee a
with it all powers necessary and proper for its pleading denominated Challenge to Jurisdiction with
effective discharge. Motion to Quash Subpoena. Petitioners argue that
On this score, the respondents Senate respondent Committee is devoid of any
Committees cannot be said to have acted with jurisdiction to investigate the Moscow incident
grave abuse of discretion amounting to lack or as the matter does not involve state to state
in excess of jurisdiction when it submitted relations as provided in paragraph 12, Section
Committee Resolution No. 312, given its 13, Rule 10 of the Senate Rules of Procedure
constitutional mandate to conduct legislative (Senate Rules). They further claim that
inquiries. Nor can the respondent Senate be respondent Committee violated the same Senate
faulted for doing so on the very same day that Rules when it issued the warrant of arrest
the assailed resolution was submitted. The wide without the required signatures of the majority
latitude given to Congress with respect to these of the members of respondent
legislative inquiries has long been settled, Committee. They likewise assail the very same
otherwise, Article VI, Section 21 would be Senate Rules because the same were not
rendered pointless. published as required by the Constitution, and
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thus, cannot be used as the basis of any Government (PCGG). Section 4 (b) of E.O. No.
investigation involving them relative to 1 provides that: ―No member or staff of the
the Moscow incident. Commission shall be required to testify or
produce evidence in any judicial, legislative
Issue: Whether or not the Committee has or administrative proceeding concerning
jurisdiction over the incident. matters within its official cognizance.‖
Held: Yes. Section 16(3), Article VI of the Apparently, the purpose is to
Philippine Constitution states:“Each House shall ensure PCGG‘s unhampered performance of its
determine the rules of its proceedings.” This provision task.
has been traditionally construed as a grant of
full discretionary authority to the Houses of Issue: Whether or not Sec. 4 (b) EO No. 1 is
Congress in the formulation, adoption and constitutional.
promulgation of its own rules. As such, the
exercise of this power is generally exempt from Held: No. Section 4(b) of E.O. No.1 limits
judicial supervision and interference, except on such power of legislative inquiry by exempting
a clear showing of such arbitrary and all PCGG members or staff from testifying in
improvident use of the power as will constitute any judicial, legislative or administrative
a denial of due process. The challenge to the proceeding.
jurisdiction of the Senate Foreign Relations The Congress‘ power of inquiry has been
Committee partakes of the nature of a political recognized in foreign jurisdictions long before it
question that, in Tañada v. Cuenco, was reached our shores through McGrain v.
characterized as a question which, under the Daugherty, cited in Arnault v.Nazareno. In those
Constitution, is to be decided by the people in earlier days, American courts considered the
their sovereign capacity, or in regard to which power of inquiry as inherent in the power to
full discretionary authority has been delegated legislate. The 1864 case of Briggs
to the legislative or executive branch of the v. MacKellar explains the breath and basis of the
government. Further, pursuant to this power, thus:
constitutional grant of virtually unrestricted
authority to determine its own rules, the Senate Where no constitutional limitation or restriction
is at liberty to alter or modify these rules at any exists, it is competent for either of the two
time it may see fit, subject only to the bodies composing the legislature to do, in their
imperatives of quorum, voting and publication. separate capacity, whatever may be
essential to enable them to legislate….It is
well-established principle of this parliamentary
Sabio v. Gordon
law, that either house may institute any
investigation having reference to its own
GR No. 174340; October 17, 2006
organization, the conduct or qualification of its
Topic: Legislative Inquiry
members, its proceedings, rights, or privileges
or any matter affecting the public interest
Facts: Former President Corazon C. Aquino
upon which it may be important that it
issued Executive Order (E.O.) No. 1, creating
should have exact information, and in
the Presidential Commission on Good

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respect to which it would be competent for The controversy started when the City
it to legislate. The right to pass laws, Treasurer of Manila addressed a letter to GSIS
necessarily implies the right to obtain President and General Manager Winston F.
information upon any matter which may Garcia informing him of the unpaid real
become the subject of a law. It is essential property taxes due on the
to the full and intelligent exercise of the aforementioned properties for years 1992 to
legislative function….In American 2002. GSIS argued that both its old and new
legislatures the investigation of public charter Presidential Decree No. (PD) 1146, and
matters before committees, preliminary to present charter, RA 8291 or the GSIS Act of
legislation, or with the view of advising the 1997, exempt the agency and its properties from
house appointing the committee is, as a all forms of taxes and assessments, inclusive of
parliamentary usage, well established as it is realty tax.
in England, and the right of either house to
compel witnesses to appear and testify before Issue: Whether or not petitioner is exempt
its committee, and to punish for disobedience from the payment of real property taxes on the
has been frequently enforced….The right of property it leased to a taxable entity.
inquiry, I think, extends to other matters, in
respect to which it may be necessary, or Held: No. GSIS enjoys under its charter full tax
may be deemed advisable to apply for exemption. Moreover, as an instrumentality of
legislative aid. the national government, it is itself not liable to
pay real estate taxes assessed by the City
POWER OF TAXATION of Manila against its Katigbak and Concepcion-
Arroceros properties. Following the ―beneficial
GSIS v. City Treasurer of the City of Manila use‖ rule, however, accrued real property taxes
are due from the Katigbak property, leased as it
GR No. 186242; December 23, 2009 is to a taxable entity. But the corresponding
Topic: Power of Taxation liability for the payment thereof devolves on the
taxable beneficial user. The Katigbak property
Facts: Petitioner GSIS owns or used to own cannot in any event be subject of a public
two (2) parcels of land, one located at Katigbak auction sale, notwithstanding its realty tax
25th St., Bonifacio Drive, Manila (Katigbak delinquency. This means that the City
property), and the other, at Concepcion cor. of Manila has to satisfy its tax claim by serving
Arroceros Sts., also in Manila (Concepcion- the accrued realty tax assessment on MHC, as
Arroceros property). Title to the Concepcion- the taxable beneficial user of the Katigbak
Arroceros property was transferred to this property and, in case of nonpayment, through
Court in 2005 pursuant to Proclamation No. means other than the sale at public auction of
835 dated April 27, 2005. Both the GSIS and the leased property.
the Metropolitan Trial Court (MeTC)
of Manila occupy the Concepcion-Arroceros
property, while the Katigbak property was
under lease.

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POWER OF CONCURRENCE A ruling that Philippine offers in treaty


negotiations should now be open to public
Akbayan Citizen Action Party v. Aquino scrutiny would discourage future Philippine
representatives from frankly expressing their
GR No. 170516; July 16, 2008 views during negotiations. While, on first
Topic: Limitations on Legislative Inquiry impression, it appears wise to deter Philippine
representatives from entering into compromises,
Facts: While the final text of the JPEPA has it bears noting that treaty negotiations, or any
now been made accessible to the public negotiation for that matter, normally involve a
since September 11, 2006, respondents do not process of quid pro quo, and oftentimes
dispute that, at the time the petition was filed up negotiators have to be willing to grant
to the filing of petitioners‘ Reply – when the concessions in an area of lesser importance
JPEPA was still being negotiated – the initial in order to obtain more favorable terms in
drafts thereof were kept from public an area of greater national interest.
view. Petitioners assert that the refusal of the
government to disclose the documents bearing
on the JPEPA negotiations violates their right
to information on matters of public concern
and contravenes other constitutional provisions H. PRESIDENCY
on transparency, such as that on the policy of
full public disclosure of all transactions MACALINTAL VS PRESIDENTIAL
involving public interest. ELECTORAL TRIBUNAL

Issue: Whether or not diplomatic negotiations G.R. No. 191618 (November 23, 2010)
are covered by the Executive Privilege during
legislative inquiries. Topic: Constitutionality of Presidential
Electoral Tribunal
Held: Yes. While the final text of the JPEPA
may not be kept perpetually confidential – since FACTS: Atty. Romulo B. Macalintal filed an
there should be ―ample opportunity for undesignated petition that questions the
discussion before [a treaty] is approved‖ – constitution of the Presidential Electoral
the offers exchanged by the parties during the tribunal, as an illegal and unauthorized progeny
negotiations continue to be privileged even after of Section 4, Article VII of the Constitution
the JPEPA is published. It is reasonable to wherein PET created a ―separate tribunal
conclude that the Japanese representatives complemented by a budget allocation, a seal, a
submitted their offers with the understanding set of personnel and confidential employees, to
that ―historic confidentiality‖ would govern effect the constitutional mandate,
the same. Disclosing these offers could impair notwithstanding the silence of constitutional
the ability of the Philippines to deal not only provision.
with Japan but with other foreign
governments in future negotiations. ISSUE: Whether or not PET is constitutional.

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RULING: Yes. PET is not a separate and RULING: Yes. The court reiterated that the
distinct entity from the Supreme Court, albeit it PET is authorized by the last paragraph of
has functions peculiar only to the Tribunal. The Section 4, Article VII of the Constitution and as
PET was constituted in implementation of supported by the discussions of the Members of
Section 4, Article VII of the Constitution, and it the Constitutional Commission which drafted
faithfully complies not faithfully defies the the present Constitution. The basis of PET was
constitutional directive. The adoption of a mentioned in the deliberations of the members
separate seal, as well as the change in the of the Members of the Constitutional
nomenclature if the Chief Justice and the Commission during the present Constitution.
Associate Justices into Chairman and Members
of the tribunal was designed simply to highlight RODRIGO VS. MACAPAGAL-ARROYO
the singularity and exclusivity of the Tribunal‘s
function as a special electoral court. G.R. No. 191805 (Novembr 15, 2011)

MACALINTAL VS PRESIDENTIAL TOPIC: Presidential Immunity


ELECTORAL TRIBUNAL
FACTS: Former President Gloria Macapagal-
G.R. No. 191618 (June 7, 2011) Arroyo being the Commander-in-Chief of the
Armed forces of the Philippines allegedly
TOPIC: Constitutionality of Presidential having command responsibility was made a
Electoral Tribunal respondent in the abduction of Noriel H.
Rodriguez who filed a petition for Writ of
FACTS: Petitioner Macalintal in a Motion for Amparo and Habeas Data.
Reconsideration of the decision in G.R. No.
19168 declaring PET as constitutional reiterates ISSUE: Whether or not former President
that PET is an illegal and unauthorized progeny Arroyo should be dropped as a respondent on
of Section 4, Article VII of the Constitution the basis of presidential immunity from suit.
invoking the constitutionality of Philippine
Truth Commission (PTC). Petitioner cites the RULING: In Estrada vs. Desierto case, the
concurring opinion of Justice Teresita J. court clarified the doctrine that a non-sitting
Leonardo-de Castro that the PTC is a public President does not enjoy immunity from suit,
office which cannot be created by the President even for acts committed during the latter‘s
the power to do so being lodged exclusively tenure. The Court emphasized the ruling therein
with Congress. Thus, the petitioner submits that that courts should look with disfavor upon the
if the President as the head of the Executive presidential privilege of immunity, especially
Department cannot create the PTC, the when it impedes the search for truth and
Supreme Court, likewise cannot create the PET impairs the vindication of a right.
in the absence of legislature.

ISSUE: Whether or not PET is constitutional.

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

FUNA VS. ACTING S ECRETARY OF JUSTICE Commission on Elections, each for a term of
ALBERTO AGRA seven years and all expiring on February 2,
2008. The Office of the President submitted to
G.R. No. 191644 (February 19,2013) the Commission on Appointments the ad
interim appointments for confirmation, however,
TOPIC: Concurrent Capacities the CA did not act on said appointments. On
FACTS: President Gloria Arroyo appointed June 1, 2001, President Arroyo renewed the ad
Agra as the Acting as the Acting Secretary of interim appointments of respondents to the same
Justice following the resignation of Secretary positions and for the same term of seven years.
Agnes VST Devanadera on March 1, 2010. They took their oaths of office for a second
President Arroyo designated Agra as the Acting time. The Office of the President transmitted
Secretary General in a concurrent capacity on their appointments to the CA but the Congress
March 5, 2010. adjourned before the CA could act on their
appointments. Thus, on June 8, 2001, President
ISSUE: Whether or not the designation of Agra Macapagal Arroyo renewed again the ad
as the Acting Secretary of Justice concurrently interim appointments. Petitioner Ma. Angelina
with his position of Acting Solicitor General, Matibag is the Director IV of COMELEC‘s
violate the constitutional prohibition against Education and Information Department (EID).
dual or multiple offices fot the Members of the Benipayo, as the COMELEC Chairman
Cabinet and their deputies and assistant. reassigned Matibag to the Law Department.
Matibag requested for reconsideration but was
RULING: The designation of Agra as Acting denied by Benipayo. Petitioner questioned the
Secretary of Justice concurrently with his appointment and the right to remain in office of
position of Acting Solicitor General was Benipayo et al. claiming that their ad interim
unconstitutional and void in violation of the appointments were unconstitutional
constitutional prohibition under Section 13,
Article VII of the 1987 Constitution in order to Issue: Whether or not the ad interim
prevent the concentration of powers in the appointments amounted to a temporary
Executive Department officials, specifically the appointment prohibited by Sec. 1 (2), Article
President, the Vice President, the members of IX-C of the Constitution.
the Cabinet and their deputies and assistants.
Ruling: No. An ad interim appointment is a
permanent appointment. Sec. 16, Art. VII of the
Matibag v. Benipayo Constitution states that the ad interim
appointment remains effective until such
380 SCRA 49; April 2, 2002 disapproval by the CA or the next adjournment
of Congress, meaning, it can no longer be
Topic: Powers of the President- Appointing
withdrawn or revoked by the President.
Powers

Facts: On March 22, 2001, President Gloria


Macapagal Arroyo appointed, ad interim,
respondents Benipayo et al as members of the
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Pimentel Jr. v. Ermita Rufino v. Endriga

472 SCRA 587; October 13, 2005 496 SCRA 13; July 21, 2006

Topic: Powers of the President- Appointing Topic: Powers of the President- Appointing
Powers Powers

Facts: President Gloria Macapagal-Arroyo Facts: President Ferdinand E. Marcos issued


appointed herein respondents as acting E.O. 30 creating the Cultural Center of the
secretaries of their respective departments after Philippines. He also appointed the seven
the Congress commenced their regular session. members of the Board of Trustees. Soon after
When Congress adjourned, President Arroyo the declaration of Martial Law, President
issued ad interim appointments to respondents as Marcos issued P.D. 15, converting CCP into a
secretaries of the departments to which they non-municipal public corporation and increased
were previously appointed in an acting capacity. the Board‘s members from seven to nine.
Petitioners want to declare the appointments as During President Joseph Estrada‘s term, he
unconstitutional. appointed seven new trustees to replace the
respondent‘s group who were previously
Issue: Whether or not President Arroyo‘s appointed by President Fidel Ramos. The
appointment of respondents as acting Endriga group questioned President Estrada‘s
secretaries without the consent of the appointments, claiming that only when the CCP
Commission on Appointments while Congress Board is entirely vacant may the President fill
is in session is unconstitutional. such vacancies as stated in Sec. 6(b) of P.D. 15.
Ruling: No. The President can issue The Court of Appeals held the Endriga
appointments in an acting capacity to group lawfully entitled to the office, ousting
department secretaries without the consent of Rufino‘s group.
the Commission on Appointments even while Petitioners averred that Section 6(b) of PD 15
Congress is in session under Sec. 16, Article VII authorizing the CCP trustees to elect their
of the 1987 Constitution. The essence of an fellow trustees should be declared
appointment in an acting capacity is its unconstitutional being repugnant to Section 16,
temporary nature and the President‘s power to Article VII of the 1987 Constitution allowing
issue temporary appointments is strengthened the appointment only of "officers lower in
by E.O. 292. Furthermore, department rank" than the appointing power.
secretaries are the alter egos of the President. The Issue: Whether or not Section 6(b) of PD 15 is
acting appointee to the office must, therefore, unconstitutional for being an invalid delegation
necessarily have the President‘s confidence. of the President's appointing power under the
Constitution

Ruling: Yes. Section 6(b) and (c) of PD 15 is


thus irreconcilably inconsistent with Section 16,
Article VII of the 1987 Constitution which
states that only those officers lower in rank may

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

be appointed by heads of departments, agencies, appointment of Supreme Court Justices. Had


commissions, or boards. The assailed provision the framers intended to extend the prohibition
empowers the remaining trustees of the CCP contained in Section 15, Article VII to the
Board to fill vacancies in the CCP Board, appointment of Members of the Supreme Court,
allowing them to elect their fellow trustees. they would have easily and surely written the
prohibition as being equally applicable to the
appointment of Members of the Supreme Court.
De Castro v. JBC Since there was no such specification, the
prohibition against the President or Acting
614 SCRA 666; March 17, 2010 President making appointments within two
months before the next presidential elections
Topic: Powers of the President- Appointing
and up to the end of the President‘s or Acting
Powers
President‘s term does not refer to the Members
Facts: The compulsory retirement of Chief of the Supreme Court. The President may
Justice Reynato S. Puno, seven days after the appoint the next Chief Justice.
coming presidential elections on May 10, 2010.
Under Section 4(1), in relation to Section 9,
Article VIII, that ―vacancy shall be filled within Paguia v. Office of the President
ninety days from the occurrence thereof‖ from
a ―list of at least three nominees prepared by the 621 SCRA 600; June 25, 2010
Judicial and Bar Council for every vacancy.‖ Topic: Powers of the President- Appointing
The Judicial and Bar Council opened the Powers
position of Chief Justice for application or
recommendation. Although it has already begun Facts: Petitioner Alan Paguia, as citizen and
the process for the filling of the position of taxpayer, filed this original action to invalidate
Chief Justice Puno in accordance with its rules, President Gloria Macapagal-Arroyo‘s
the JBC is not yet decided on when to submit to nomination of respondent former Chief Justice
the President its list due to the unresolved issue Hilario Davide, Jr. as Permanent Representative
in this case. to the United Nations (UN) for violating
Section 23 of RA 7157 or the Philippine
Issue: Whether or not the incumbent President
Foreign Service Act of 1991. Petitioner argues
has the power and authority to appoint during
that respondent Davide‘s age at that time of his
the election ban the successor of Chief Justice
nomination, 70, disqualifies him from holding
Puno.
his post. Respondents questioned petitioner‘s
Ruling: Yes. Prohibition under Section 15, standing to bring this suit. On the eligibility of
Article VII does not apply to appointments to respondent Davide, respondents counter that
fill a vacancy in the Supreme Court or to other Section 23‘s mandated retirement age applies
appointments to the Judiciary and is confined only to career diplomats, excluding from its
only to appointments made in the Executive ambit non-career appointees such as respondent
Department. Section 4(1) and Section 9 of Davide.
Article VIII are the provisions governing the

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Issue: Whether or not the Congress may limit Ruling: No. In making his recommendation to
the President‘s prerogative to nominate the President on the existence of either of the
ambassadors by legislating age qualifications two conditions, the Secretary of Finance is not
acting as the alter ego of the President or even
Ruling: The petition was dismissed without her subordinate. In such instance, he is not
reaching the merits for lack of a case or subject to the power of control and direction of
controversy grounded on petitioner‘s lack of the President. He is acting as the agent of the
capacity to sue and mootness. legislative department, to determine and declare
the event upon which its expressed will is to
take effect. Thus, being the agent of Congress
Abakada Guro Party List v. Ermita and not of the President, the President cannot
alter or modify or nullify, or set aside the
469 SCRA 1; September 1, 2005
findings of the Secretary of Finance and to
Topic: Powers of the President- Control Power substitute the judgment of the former for that
of the latter.
Facts: R.A. No. 9337 was enacted for mounting
budget deficit, revenue generation, inadequate
fiscal allocation for education, increased
Gudani v. Senga
emoluments for health workers, and wider
coverage for full value-added tax benefits, 498 SCRA 671; August 15, 2006
among others. Petitioners ABAKADA
GURO Party List, et al., filed a petition for Topic: Powers of the President- Control Power
prohibition on May 27, 2005. They question Facts: The petitioners are high-ranking officers
the constitutionality of Sections 4, 5 and 6 of of the Armed Forces of the Philippines (AFP).
R.A. No. 9337 for abandoning Congress‘ Both petitioners, Brigadier General Francisco
exclusive authority to fix the rate of taxes. Gudani and Lieutenant Colonel Alexander
These questioned provisions contain a Balutan, belonged to the Philippine Marines.
uniform proviso authorizing the President, upon Both petitioners and respondent AFP Chief of
recommendation of the Secretary of Finance, to Staff Lieutenant General Generoso Senga were
raise the VAT rate to 12%, effective January 1, invited by the Senate to appear at a public
2006, after any of the following conditions have hearing before the Senate Committee on
been satisfied. They also argue that the law also National Defense and Security. However,
effectively nullified the President‘s power of President Gloria Macapagal-Arroyo ordered
control, which includes the authority to set aside that no AFP personnel shall appear before any
and nullify the acts of her subordinates like the congressional or senate hearing without her
Secretary of Finance, by mandating the fixing of approval. Defying President Arroyo‘s order,
the tax rate by the President upon the petitioners appeared and testified at the hearing.
recommendation of the Secretary of Finance. They were then directed to appear before the
Issue: Whether or not the law violates the Office of the Provost Marshal General
power of control of the President (OPMG), who recommended that petitioners
be charged with violation of Article of War 65,

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

on willfully disobeying a superior officer, in designed by the DBM to ramp up spending to


relation to Article of War 97, on conduct accelerate economic expansion. He further
prejudicial to the good order and military explained that the DAP were usually taken from
discipline. (1) unreleased appropriations under Personnel
Services; (2) unprogrammed funds; (3) carry-
Petitioners seek to declare President Arroyo‘s over appropriations unreleased from the
order unconstitutional. previous year; and budgets for slow-moving
Issue: Whether or not President Arroyo has the items or projects that had been realigned to
basis and authority such order support faster-disbursing projects.

Ruling: Yes. The Constitution reposes final Nine petitions assailing the constitutionality of
authority, control and supervision of the AFP to DAP and issuances relating to DAP were filed.
the President. Section 18, Article VII declares Issue: Whether or not the DAP realignments
that ―the President shall be the Commander-in- can be considered as impoundments by the
Chief of all armed forces of the Philippines‖. executive
Section 5, Article XVI, the commander-in-chief
clause vests on the President, absolute authority Ruling: No. There is no impoundment in DAP
over the persons and actions of the members of but transfer of funds. Impoundment of funds
the armed forces including the ability of the refers to the President‘s power to refuse to
President to restrict the travel, movement and spend appropriations or to retain or deduct
speech of military officers, activities which may appropriations for whatever reason.
otherwise be sanctioned under civilian law. Impoundment is actually prohibited by the
General Appropriations Act unless there will be
an unmanageable national government budget
Maria Araullo v. Benigno Aquino deficit in the future.

G.R. No. 209287; July 1, 2014


Jose Disini v. Sec. of Justice
Topic: Powers of the President- Control Power
G.R. No. 203335; February 18, 2014
Facts: : Sen. Jinggoy Estrada delivered a
privilege speech revealing that he, including Topic: Powers of the President- Take Care
other senators, received P50M as cash Clause
―incentive‖ for voting in favor of the Facts: Cybercrime Prevention Act was enacted
impeachment of Chief Justice C. Corona. to protect the users of the cyberspace against
Responding to Senator Estrada‘s revelation, Sec. those who use it for mischiefs and crimes.
Florencio Abad of Department of Budget and Petitioners claim that the means adopted by the
Management issued a public statement entitled cybercrime law for regulating undesirable
Abad: Releases to Senators Part of Spending cyberspace activities violate certain of their
Acceleration Program, explaining the funds had constitutional rights.
been released to senators had been part of the Petitioners challenge the constitutionality of
Disbursement Acceleration Program, a program some provisions of the cybercrime law that

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

regard certain acts as crimes and impose Secretary for Asia Pacific Kurt Campbell, met
penalties for their commission as well as with the Philippine panel, headed by Foreign
provisions that would enable the government to Affairs Undersecretary Rodolfo Severino Jr., to
track down and penalize violators. exchange notes on ―the complementing
strategic interests of the United States and the
Issue: Whether or not the cybercrime law is Philippines in the Asia-Pacific region.‖ Both
unconstitutional. sides discussed, among other things, the
possible elements of the Visiting Forces
Ruling: No. Only the following provisions of
Agreement (VFA for brevity). On October 5,
the cybercrime law are unconstitutional: Section
1998, President Joseph E. Estrada, through
4(c)(3); Section 12; Section 19; Section 4(c)(4)
respondent Secretary of Foreign Affairs, ratified
that penalizes online libel with respect to those
the VFA. On May 27, 1999, Proposed Senate
who simply receive the post and react to it;
Resolution No. 443 was approved by the Senate,
Interference, Section 4(a)(5) on Misuse of
by a two-thirds (2/3) vote[9] of its members.
Devices, Section 4(a)(6) on Cyber-squatting,
Senate Resolution No. 443 was then re-
Section 4(b)(1) on Computer-related Forgery,
numbered as Senate Resolution No. 18.
Section 4(b)(2) on Computer-related Fraud,
Petitioners - as legislators, non-
Section 4(b)(3) on Computer-related Identity
governmental organizations, citizens and
Theft, and Section 4(c)(1) on Cybersex with
taxpayers - assail the constitutionality of the
respect to Sections 4(c)(2) on Child
VFA and impute to herein respondents grave
Pornography, 4(c)(3) on Unsolicited
abuse of discretion in ratifying the agreement.
Commercial Communications, and 4(c)(4) on
online Libel. The law is only partially
Issue: Whether or not the respondents
unconstitutional.
committed grave abuse of discretion in ratifying
the agreement.

Bayan (Bagong Alyansang Makabayan) v. Held: No. As regards the power to enter into
Zamora treaties or international agreements, the
Constitution vests the same in the President,
GR No. 138570. October 10, 2000 subject only to the concurrence of at least two-
Topic: Diplomatic Power thirds vote of all the members of the Senate. In
this light, the negotiation of the VFA and the
Facts: With the expiration of the RP-US subsequent ratification of the agreement are
Military Bases Agreement, the periodic military exclusive acts which pertain solely to the
exercises conducted between the two countries President, in the lawful exercise of his vast
were held in abeyance. Notwithstanding, the executive and diplomatic powers granted him
defense and security relationship between the no less than by the fundamental law itself. Into
Philippines and the United States of America the field of negotiation the Senate cannot intrude, and
continued pursuant to the Mutual Defense Congress itself is powerless to invade it. Consequently,
Treaty. On July 18, 1997, the United States the acts or judgment calls of the President
panel, headed by US Defense Deputy Assistant involving the VFA-specifically the acts of
ratification and entering into a treaty and those
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

necessary or incidental to the exercise of such petitioners’ claims against Japan. It is well-
principal acts - squarely fall within the sphere of established that "[t]he conduct of the foreign
his constitutional powers and thus, may not be relations of our government is committed by the
validly struck down, much less calibrated by this Constitution to the executive and legislative--'the
Court, in the absence of clear showing of grave political'--departments of the government, and the
abuse of power or discretion. propriety of what may be done in the exercise of this
It is the Court‘s considered view that the political power is not subject to judicial inquiry or
President, in ratifying the VFA and in decision." In this case, the Executive Department
submitting the same to the Senate for has already decided that it is to the best interest of
concurrence, acted within the confines and the country to waive all claims of its nationals for
limits of the powers vested in him by the reparations against Japan in the Treaty of Peace of
Constitution. 1951. The wisdom of such decision is not for the
courts to question. Neither could petitioners herein
Vinuya v. Romulo assail the said determination by the Executive
Department via the instant petition for certiorari.
GR No. 162230; April 28, 2010
Topic: Diplomatic Power

Facts: Petitioners claim that since 1998, they have


approached the Executive Department through the
I. JUDICIARY
DOJ, DFA, and OSG, requesting assistance in filing
a claim against the Japanese officials and military
Lozano v. Nograles
officers who ordered the establishment of the
G.R. No. 187883; June 16, 2009
―comfort women‖ stations in
Judicial Power Defined
the Philippines. However, officials of the
Executive Department declined to assist the
Judicial Power is defined as ―the bounden duty
petitioners, and took the position that the individual
of the Court to settle actual controversies
claims of the comfort women for compensation had
involving rights which are legally demandable
already been fully satisfied by Japan‘s compliance
and enforceable, and to determine whether or
with the Peace Treaty between
not there has been a grave abuse of discretion
the Philippines andJapan.
on the part of any branch or instrumentality of
the government.
Issue: Whether or not respondents committed
grave abuse of discretion amounting to lack or
Dumlao v. COMELEC
excess of discretion in refusing to espouse their
claims for the crimes against humanity and war
crimes committed against them. G.R. No. L-52245; January 22, 1980
Topic: Requisites for Judicial Inquiry
Held: No. From a Domestic Law Perspective,
the Executive Department has the exclusive 1. There must be an actual case or controversy;
2. The question of constitutionality must be
prerogative to determine whether to espouse
raised by the proper party;
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

3. The constitutional question must be raised at to its members. This view fuses the legal
the earliest opportunity; and identity of an association with that of its
4. The decision of the constitutional question members.16An association has standing to file
must be necessary to the determination of the suit for its workers despite its lack of direct
case itself. interest if its members are affected by the action.
An organization has standing to assert the
Executive Secretary v. Court of Appeals concerns of its constituents.
The respondent is, thus, the appropriate
GR No. 131719; May 25, 2004 party to assert the rights of its members,
Topic: Locus Standi because it and its members are in every practical
sense identical. The respondent asserts that the
Facts: Republic Act No. 8042, otherwise assailed provisions violate the constitutional
known as the Migrant Workers and Overseas rights of its members and the officers and
Filipinos Act of 1995, took effect on July 15, employees thereof. The respondent is but the
1995. Respondents questioned the provisions of medium through which its individual members
RA 8042, by way of a restraining order seek to make more effective the expression of
otherwise, the member recruitment agencies of their voices and the redress of their grievances.
the petitioner will suffer grave or irreparable However, the respondent has no locus
damage or injury. Indeed, this has far reaching standi to file the petition for and in behalf of
effects not only to survival of the overseas unskilled workers. We note that it even failed to
manpower supply industry and the active implead any unskilled workers in its petition.
participating recruitment agencies, the country‘s
economy which has survived mainly due to the In Re: Appointment of Mateo A. Valenzuela
dollar remittances of the overseas workers but and Placido B. Vallarta
more importantly, to the poor and the needy
who are in dire need of income-generating jobs A.M. No. 98-5-01-SC. November 9, 1998
which can only be obtained from abroad. Topic: Power of Appointment
The petitioners contend that the
respondent has no locus standi.It is a non-stock, Facts: Hon. Mateo A. Valenzuela and Hon.
non-profit organization; hence, not the real Placido B. Vallarta were appointed as Judges of
party-in-interest as petitioner in the action. The the Regional Trial Court of Branch 62, Bago
respondent, for its part, asserts that it has duly City and of Branch 24, Cabanatuan City,
established its locus standi and its right to respectively on March 30, 1998, two months
injunctive relief as gleaned from its pleadings before the next presidential elections. The
and the appendages thereto. referral was made in view of the serious
constitutional issue concerning said
Issue: Whether or not the respondent has the appointments arising from the pertinent
legal standing in the case. antecedents. Attention was drawn to Section 15,
Article VII of the Constitution reading as
Held: Yes. The modern view is that an follows:
association has standing to complain of injuries

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"SEC 15. Two months immediately before the


next presidential elections and up to the end of
his term, a President or Acting President shall
not make appointments, except temporary De Castro v. Judicial and Bar Council
appointments to executive positions when
continued vacancies therein will GR No. 191002; March 17, 2010
prejudice public service or endanger public Topic: Power of Appointment
safety."
Facts: The compulsory retirement of Chief
On the other hand, appointments to fill Justice Reynato S. Puno by May 17, 2010 occurs
vacancies in the Supreme court during the just days after the coming presidential elections
period mentioned in the provision just quoted on May 10, 2010. In its January 18,
could seemingly be justified by another 2010 meeting en banc, therefore, the JBC passed
provision of the same Constitution. Section 4(1) a resolution stating that they have unanimously
of Article VIII which states: agreed to start the process of filling up the
position of Chief Justice to be vacated on May
"SEC 4 (1) The Supreme Court shall be 17, 2010 upon the retirement of the incumbent
composed of a Chief Justice and fourteen Chief Justice Honorable Reynato S. Puno. As a
Associate Justices. ***. Any vacancy shall be result, the JBC opened the position of Chief
filled within ninety days from the occurrence Justice for application or recommendation, and
thereof." published for that purpose
Issue: Whether or not the President can make its announcement dated January 20, 2010.
appointments to the judiciary during the period Although it has already begun the process for
of the ban in the interest of public service. the filling of the position of Chief Justice Puno
in accordance with its rules, the JBC is not yet
Held: During the period stated in Section 15, decided on when to submit to the President its
Article VII of the Constitution - "(t)wo months list of nominees for the position due to the
immediately before the next presidential present controversy being yet unresolved.
elections and up to the end of his term" - the
President is neither required to make Issue: Whether or not the incumbent President
appointments to the courts nor allowed to do have the power to appoint the next Chief
so; and that Sections 4(1) and 9 of Article VIII Justice during the election ban as prohibited by
simply mean that the President is required to fill Section 15, Article VII of the Constitution.
vacancies in the courts within the time frames provided
therein unless prohibited by Section 15 of Article VII. Held: Had the framers intended to extend the
It is noteworthy that the prohibition on prohibition contained in Section 15, Article VII
appointments comes into effect only once every to the appointment of Members of the Supreme
six years. Court, they could have explicitly done so. They
could not have ignored the meticulous ordering
of the provisions. They would
have easily and surely written the prohibition

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made explicit in Section 15, Article VII as being the President, in recognition of the principle of
equally applicable to the appointment of judicial courtesy, should have refrained from
Members of the Supreme Court in Article VIII implementing our decision until The Court have
itself, most likely in Section 4 (1), Article VIII. ruled with finality on this case.
That such specification was not done only
reveals that the prohibition against the President Issue: Whether or not a Court‘s decision based
or Acting President making appointments on close vote affects the finality of a case.
within two months before the next presidential
elections and up to the end of the President‘s or Held: No. ―…a slim vote of 8-7 does not, and
Acting President‘s term does not refer to the cannot, have the effect of making our ruling any
Members of the Supreme Court. less effective or binding. Regardless of how
close the voting is, so long as there is
Datu Michael Abas Kida v. Senate of the concurrence of the majority of the members of
Philippines the en banc who actually took part in the
deliberations of the case, a decision garnering
GR No. 196271; February 28, 2012 only 8 votes out of 15 members is still a
Topic: Finality of a Decision decision of the Supreme Court en banc and must
be respected as such. The petitioners are,
Facts: Petitioners assail the Supreme Court‘s therefore, not in any position to speculate that,
Decision dated October 18, 2011, where the based on the voting, ―the probability exists that
Court upheld the constitutionality of Republic their motion for reconsideration may be
Act (RA) No. 10153. Pursuant to the granted.‖
constitutional mandate of synchronization, RA
No. 10153 postponed the regional elections in Bengzon v. Drilon
the Autonomous Region in Muslim Mindanao
(ARMM) (which were scheduled to be held on G.R. No. 103524 April 15, 1992
the second Monday of August 2011) to the Topic: Fiscal Autonomy of the Judiciary
second Monday of May 2013 and recognized
the President‘s power to appoint officers-in- Facts: The petitioners are retired Justices of the
charge (OICs) to temporarily assume these Supreme Court and Court of Appeals who are
positions upon the expiration of the terms of currently receiving monthly pensions under
the elected officials. Republic Act No. 910 as amended by Republic
The petitioners in G.R. No. 197280, in their Act No. 1797. They filed the instant petition on
Manifestation and Motion dated December 21, their own behalf and in representation of all
2011, question the propriety of the appointment other retired Justices of the Supreme Court and
by the President of Mujiv Hataman as acting the Court of Appeals similarly situated.
Governor and Bainon Karon as acting Vice This petition assails the constitutionality of the
Governor of the ARMM. They argue that since veto by the President of certain provisions in
the Court‘s previous decision was based on a the General Appropriations Act for the Fiscal
close vote of 8-7, and given the numerous Year 1992 relating to the payment of the
motions for reconsideration filed by the parties,

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

adjusted pensions of retired Justices of the disburse such sums as may be provided by law
Supreme Court and the Court of Appeals. or prescribed by them in the course of the
discharge of their functions.‖
Issue: Whether or not the questioned veto is
repugnant to the fiscal autonomy granted to the Re: COA Opinion on the Computation of
Judiciary. the Appraised Value of the Properties
Purchased by the Retired Chief/Associate
Held: Yes. In the case at bar, the veto of these Justices of the Supreme Court
specific provisions in the General
Appropriations Act is tantamount to dictating A.M. No. 11-7-100-SC; July 31, 2012
to the Judiciary how its funds should be utilized, Topic: Judiciary’s Fiscal Autonomy
which is clearly repugnant to fiscal autonomy.
The freedom of the Chief Justice to make Facts: The Commission on Audit requested the
adjustments in the utilization of the funds Court to determine the proper formula to be
appropriated for the expenditures of the used in computing the appraisal value that a
judiciary, including the use of any savings from retired Chief Justice and several Associate
any particular item to cover deficits or shortages Justices of the Supreme Court have to pay to
in other items of the Judiciary is withheld. acquire the government properties they used
Pursuant to the Constitutional mandate, the during their tenure. This issue has its roots in
Judiciary must enjoy freedom in the disposition the June 8, 2010 Opinion1 issued by the Legal
of the funds allocated to it in the appropriations Services Sector, Office of the General Counsel
law. It knows its priorities just as it is aware of of the Commission on Audit (COA), which
the fiscal restraints. The Chief Justice must be found that an underpayment amounting to
given a free hand on how to augment P221,021.50 resulted when five (5) retired
appropriations where augmentation is needed. Supreme Court justices purchased from the
Supreme Court the personal properties assigned
Bengzon v. Drilon to them during their incumbency in the Court .

G.R. No. 103524 April 15, 1992 Issue: Whether or not the COA can conduct
Topic: Fiscal Autonomy Defined post-audit examination on constitutional bodies
granted fiscal autonomy under Sec. 2 (1) of
Fiscal autonomy means freedom from outside Article IX-D of the Constitution.
control.
―Fiscal autonomy…contemplates a guarantee Held: No. Any kind of interference on how
on full flexibility to allocate and utilize their these retirement privileges and benefits are
resources with the wisdom and dispatch that exercised and availed of, not only violates the
their needs require. It recognizes the power and fiscal autonomy and independence of the
authority to levy, assess and collect fees, fix Judiciary, but also encroaches upon the
rates of compensation not exceeding the highest constitutional duty and privilege of the Chief
rates authorized by law for compensation and Justice and the Supreme Court En Banc to
pay plans of the government and allocate and manage the Judiciary‘s own affairs.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Fortich v. Corona obtained. Conversely, the rule does not apply


where, as in this case, the required three votes is
G.R. No. 131457; August 19, 1999 not obtained in the resolution of a motion for
Topic: On Finality of Decisions by Supreme reconsideration. Hence, the second sentence of
Court Division Denying Motion for the aforequoted provision speaks only of ―case‖
Reconsideration by a 2-2 Vote and not ―matter‖. The reason is simple. The
above-quoted Article VIII, Section 4(3) pertains
Facts: The petitioners filed motions for to the disposition of cases by a division. If
reconsideration of a 3-2 decision of the Special there is a tie in the voting, there is no
Second Division that were denied by a 2-2 vote. decision. The only way to dispose of the case
As the denial was not supported by a majority then is to refer it to the Court en banc. On the
of the division, respondents and intervenors other hand, if a case has already been decided
pray that this case be referred to this Court en by the division and the losing party files a
banc. They contend that inasmuch as their motion for reconsideration, the failure of the
earlier motions for reconsideration (of the division to resolve the motion because of a tie
Decision dated April 24, 1998) were resolved by in the voting does not leave the case
a vote of two-two, the required number to carry undecided. There is still the decision which
a decision, i.e., three, was not must stand in view of the failure of the
met. Consequently, the case should be referred members of the division to muster the
to and be decided by this Court en banc, relying necessary vote for its reconsideration.
on the following constitutional provision: A careful reading of the above constitutional
―Cases or matters heard by a division shall be provision, however, reveals the intention of the
decided or resolved with the concurrence of a framers to draw a distinction between cases, on
majority of the Members who actually took part the one hand, and matters, on the other hand,
in the deliberations on the issues in the case and such that cases are ―decided‖ while matters,
voted thereon, and in no case without the which include motions, are
concurrence of at least three of such ―resolved‖. Otherwise put, the word ―decided‖
Members. When the required number is not must refer to ―cases‖; while the word ―resolved‖
obtained, the case shall be decided en must refer to ―matters‖, applying the rule
banc: Provided, that no doctrine or principle of of reddendo singula singulis. This is true not only
law laid down by the Court in a decision in the interpretation of the above-quoted Article
rendered en banc or in division may be modified VIII, Section 4(3), but also of the other
or reversed except by the Court sitting en banc.‖ provisions of the Constitution where these
words appear.
Issue: Whether or not a motion for
reconsideration decided by a 2-2 vote can be
elevated to the court en banc.

Held: No. With the aforesaid rule of


construction in mind, it is clear that only cases
are referred to the Court en banc for decision
whenever the required number of votes is not
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Republic v. Sagun allowances, bonuses and incentives of members


of the Board of Directors/Trustees until
GR. No. 187567; February 15, 2012 December 31, 2010. The petitioner claims that
Topic: Citizenship and Rules of Court as a PhilHealth employee, he is affected by the
implementation of EO 7, which was issued with
Facts: Nora Fe Sagun who did not elect grave abuse of discretion amounting to lack or
Philippine citizenship upon reaching the age of excess of jurisdiction.
majority but executed an Oath of Allegiance to
the Republic of the Philippines, was denied of Issue: Whether or not the petitioner has a locus
having a Philippine passport due to the standi in bringing the petition before the Court.
citizenship of his father and there being no
annotation on her birth certificate that she has Held: The Supreme Court was not convinced
elected Philippine citizenship. A judicial that the petitioner has demonstrated that he has
declaration of her election of the Philippine a personal stake or material interest in the
citizenship was sought. outcome of the case because his interest, if any,
is speculative and based on a mere
Issue: Whether or not the respondent‘s petition expectancy. In this case, the curtailment of
for declaration of election of Philippine future increases in his salaries and other benefits
citizenship is authorized by the Rules of Court cannot but be characterized as contingent
and jurisprudence. events or expectancies. To be sure, he has no
vested rights to salary increases and, therefore,
Held: Yes. But it should be stressed that there the absence of such right deprives the petitioner
is no specific statutory or procedural rule which of legal standing to assail EO 7.
authorizes the direct filing of a petition for Neither can the lack of locus standi be cured by
declaration of election of Philippine citizenship the petitioner‘s claim that he is instituting the
before the courts. Respondent cannot now be present petition as a member of the bar in good
allowed to seek the intervention of the court to standing who has an interest in ensuring that
confer upon her Philippine citizenship when laws and orders of the Philippine government
clearly she has failed to validly elect Philippine are legally and validly issued.
citizenship.
Moldex Realty, Inc. v. Housing and Land
Galicto v. Aquino III Use Regulatory Board

G.R. No. 193978; February 28, 2012 G.R. No. 149719; June 21, 2007
Topic: Locus Standi Topic: Appellate Jurisdiction of the
Supreme Court
Facts: Pres. Aquino issued EO 7 ordering (1) a
moratorium on the increases in the salaries and Facts: Petitioner decided to stop paying the
other forms of compensation of all GOCC and electric bills for the streetlights and advised
GFI employees for an indefinite period to be respondent association to assume this obligation.
set by the President, and (2) a suspension of all Respondent association objected to petitioner‘s

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

resolution and refused to pay the electric bills. Planters Products Inc. v. Fertiphil
HUDCC Resolution No. R-562, series of 1994 Corporation
was issued, mandating subdivision
owners/developers shall continue to maintain GR No. 166066; March 14, 2008
street lights facilities and pay the bills for Topic: RTC Jurisdiction on
electric consumption of the subdivision street Constitutionality Issue
lights until the facilities in the project are turned
over to the local government. A writ of Facts: Fertiphil filed a complaint for collection
preliminary mandatory injunction was also and damages against FPA and PPI with the
issued ordering the petitioner to assume the RTC in Makati. It questioned the
obligation of paying the cost of electricity of the constitutionality of LOI No. 1465 for being
streetlights. unjust, unreasonable, oppressive, invalid and an
Petitioner elevated the matter to the Court of unlawful imposition that amounted to a denial
Appeals by filing a Petition for Prohibition and of due process of law. Fertiphil alleged that the
Certiorari, praying not only for the reversal of LOI solely favored PPI, a privately owned
the writ of preliminary mandatory injunction, as corporation, which used the proceeds to
well as the two issuances, but also for the maintain its monopoly of the fertilizer industry.
nullification of HUDCC Resolution No. R-562,
series of 1994, on the ground that it is Issue: Whether or not the Regional Trial Court
unconstitutional. has jurisdiction over the case.

Issue: Whether or not the Court of Appeals has Held: It is settled that the RTC has jurisdiction
a jurisdiction to take cognizance of this original to resolve the constitutionality of a statute,
action for certiorari and prohibition. presidential decree or an executive order. This
is clear from Section 5, Article VIII of the 1987
Held: The Court of Appeals has no jurisdiction Constitution, which provides: SECTION
to take cognizance of this original action for 5. The Supreme Court shall have the following
certiorari and prohibition, notwithstanding powers:
Section 4, Rule 65 of the Rules of Court. The
general rule is that this Court shall exercise only (2) Review, revise, reverse, modify,
appellate jurisdiction over cases involving the or affirm on appeal or certiorari, as the law or the
constitutionality of a statute, treaty or regulation, Rules of Court may provide, final judgments
except in circumstances where the Court and orders of lower courts in:
believes that resolving the issue of (a) All cases in which
constitutionality of a law or regulation at the the constitutionality or validity of any treaty,
first instance is of paramount importance and international or executive agreement, law,
immediately affects the social, economic and presidential decree, proclamation, order,
moral well-being of the people. instruction, ordinance, or regulation is in
question.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Kilosbayan Foundation and Bantay Chavez v. Judicial and Bar Council


Katarungan Foundation v. Executive
Secretary Ermita G.R. No. 202242; July 17, 2012
Topic: Locus Standi
G.R. No. 177721; July 3, 2007
Topic: Locus Standi Facts: In 1994, instead of having only 7
members, an 8th member was added to JBC as
Facts: Executive Secretary, in representation of two representatives from the Congress began
the Office of the President, announced an sitting in the JBC – one from the House of
appointment in favor of respondent Gregory S. Representatives and one from the Senate, with
Ong as Associate Justice of the Supreme Court each having one full vote, as decided by the JBC
to fill up the vacancy created by the retirement in a separate meeting. Petitioner claims that the
of Associate Justice Romeo J. Callejo, Sr. action of the JBC allowing more than one
Petitioners claim that respondent Ong is a representative of congress to represent JBC is
Chinese citizen and that his own birth certificate unconstitutional invoking Section 8 of Article
indicates his Chinese citizenship. They invoke VIII of the Constitution. Without his name in
Section 7 (1) of Article VIII of the 1987 the official list of applicants for the post, the
Constitution. Respondent Executive Secretary respondents claim that there is no personal
stated in his Comment that the appointment of stake on the part of petitioner that would justify
Ong as Associate Justice of this Court was made his outcry of unconstitutionality.
by the President pursuant to the powers vested
in him by Article VIII, Section 9 of the Issue: Whether or not the petitioner has the
Constitution. legal standing to sue.

Issue: Whether or not petitioner has the Held: Yes. While it is true that a ―personal
standing to file this suit. stake‖ on the case is imperative to have locus
standi, this is not to say that only official
Held: Petitioners have standing to file the suit nominees for the post of Chief Justice can come
simply as people‘s organizations and taxpayers to the Court and question the JBC composition
since the matter involves an issue of utmost and for being unconstitutional. JBC‘s duty is not at
far-reaching Constitutional importance, namely, all limited to the nominations for the highest
the qualification – nay, the citizenship – of a magistrate in the land. The legality of the very
person to be appointed a member of this Court. process of nominations to the positions in the
Standing has been accorded and recognized in Judiciary is the nucleus of the controversy.
similar instances. Hence, a citizen has a right to bring this
question to the Court, clothed with legal
standing and at the same time, armed with
issues of transcendental importance to society.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Chavez v. Judicial and Bar Council of-war over the ownership of a parcel of land
located in Barrio De la Paz, Antipolo City. After
676 SCRA 579; July 17, 2012 a series of court trials, Supreme Court First
Topic: Appointments- JBC Division ruled that Ambrosio Aguilar,
successor-in-interest of Hermogenes Lopez, is
Facts: The Judicial and Bar Council (JBC) was the lawful owner of the property. However,
created as an independent body, in-charge of Land Management Bureau dismissed the claim
the process of appointments in the Judiciary. It of Lopez and ordered the reconstitution of the
is composed seven members; one of them is a homestead application of Elino Adia. The
representative from the Congress as an ex officio Lopez heir filed a motion for consideration of
member. However, an 8th member was added to the LMB decision which was denied by LMB.
the JBC as two representatives from Congress They later filed a petition for review on
began sitting in the JBC-one from House of certiorari with the Supreme Court which was
Representatives and one from the Senate, each denied by its Third Division. The Third
having one-half of a vote. Division in its decision clarified that its
Petitioner contended that the Constitution Resolution ―prevails over‖ the Decision
clearly states that JBC shall have only one rendered by the First Division, thus the Aida
representative from the Congress. hers‘ titles are valid.

Issue: Whether or not Section 8, Article VIII of Issue: Whether or not the Third Division may
the 1987 Constitution allow more than one reverse the ruling of First Division.
member of Congress to sit in the JBC with one
vote each. Ruling: No. Section 4 (3), Article VIII of the
1987 Constitution provides that no doctrine or
Ruling: No. The Constitution mandates that principle of law laid down by the Supreme
the JBC be composed of seven (7) members Court en banc or its Divisions may be modified
only. Sec. 8 of Article VIII provides Congress or reversed except by the Court sitting en banc. A
with equal voice with other members of the JBC. Decision rendered by a Division of Supreme
Additionally, the seven-member composition of Court in violation of the above constitutional
the JBC serves a practical purpose, that is, to provision would be in excess of jurisdiction and
provide solution in case of a tie or stalemate in is therefore invalid.
voting.

Cabuay Jr v. Malvar

389 SCRA 492; September 24, 2002

Topic: Division Cases

Facts: The heirs of Hermogenes Lopez, the


heirs of Elino Adia, Ambrosio Aguilar and
Eduardo V. Santos were engaged in a legal tug-

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Re: Petition for Recognition of the Disini v. Secretary of Justice


Exemption of the Government Service
Insurance System for Payment of Legal G.R. No. 2033335; February 11, 2014
Fees Topic: Partial Unconstitutionality
612 SCRA 193; February 11, 2010 Facts: Cybercrime Prevention Act was enacted
Topic: Rule-Making Power to protect the users of the cyberspace against
those who use it for mischiefs and crimes.
Facts: Government Service Insurance System Petitioners claim that the means adopted by the
seeks exemption from the payment of legal fees cybercrime law for regulating undesirable
imposed on government-owned or controlled cyberspace activities violate certain of their
corporations under Section 22, Rule 141 (Legal constitutional rights.
Fees) of the rules of court. GSIS anchors its Petitioners challenge the constitutionality of
petition on Sec. 39 of its charter, RA 8291 (The some provisions of the cybercrime law that
GSIS Act of 1997). GSIS argues that its regard certain acts as crimes and impose
exemption from the payment of legal fees penalties for their commission as well as
would not mean that RA 8291 is superior to the provisions that would enable the government to
Rules of Court. It only shows ―deference‖ by track down and penalize violators.
the Court to the legislature as a co-equal branch.
Issue: Whether or not the cybercrime law is
Issue: Whether or not the Legislature may unconstitutional.
exempt the GSIS from legal fees imposed by
the Court on GOCCs. Ruling: No. Only the following provisions of
the cybercrime law are unconstitutional: Section
Ruling: No. The Congress may not exempt the 4(c)(3); Section 12; Section 19; Section 4(c)(4)
GSIS from the payment of legal fees. The that penalizes online libel with respect to those
payment of legal fees is an integral part of the who simply receive the post and react to it;
rules promulgated by the Supreme Court Interference, Section 4(a)(5) on Misuse of
pursuant to its rule-making power under Section Devices, Section 4(a)(6) on Cyber-squatting,
5(5), Article VIII of the Constitution. As one of Section 4(b)(1) on Computer-related Forgery,
the safeguards of the Supreme Court‘s Section 4(b)(2) on Computer-related Fraud,
institutional independence, the power to Section 4(b)(3) on Computer-related Identity
promulgate rules of pleading, practice and Theft, and Section 4(c)(1) on Cybersex with
procedure is now the Court‘s exclusive domain. respect to Sections 4(c)(2) on Child
The power is no longer shared by the Court Pornography, 4(c)(3) on Unsolicited
with Congress, much less with the Executive. Commercial Communications, and 4(c)(4) on
online Libel. The law is only partially
unconstitutional.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Imbong v. Ochoa

G.R. No. 204819; April 8, 2014


IN RE: TRANSFER OF HEARING OF
Topic: Judicial Review CRIMINAL CASE NOS 13308 AND 13337
FROM RTC-BRANCH 4 BATANGAS CITY TO
Facts: Republic Act (R.A.) No. 10354,
THE BUREAU OF CORRECTIONS,
otherwise known as the Responsible
MUNTINLUPA CITY
Parenthood and Reproductive Health Act of
2012 (RH Law), was enacted by Congress on
December 21, 2012. Petitioners A.M. No. 07-11-592-RTC; March 14,2008
The Office of the Solicitor General asserts that
the Court should leave it to the legislative and TOPIC: Transfer of Hearing Cases
political wisdom of Congress in reviewing the
FACTS: : Judge Kalalo sought the guidance of
RH Law.
the OCA on what course of action should be
Issue: Whether or not the Court may exercise taken on the subject cases taking into
its power of judicial review. consideration the risks involved and the
expenses incurred by the government whenever
Ruling: Yes. While the Court may not pass the accused are brought to court for hearings.
upon questions of wisdom, justice or The OCA recommended that the records of the
expediency of the RH Law, it may do so where subject cases be forwarded to the RTC
an attendant unconstitutionality or grave abuse Muntinlupa City for raffle and the judge whom
of discretion results. Furthermore, Sec. 1, Art. the cases are assigned be directed to conduct
VIII of the Constitution expressly provides that the entirety of the trial, thereafter the records
―Judicial power includes the duty of the courts shall be returned to RTC Batangas for the
of justice to settle actual controversies involving preparation of the decisions and be returned to
rights which are legally demandable and RTC Muntinlupa for the promulgation of the
enforceable, and to determine whether or not decisions.
there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on ISSUE: Whether or not it is necessary that the
the part of any branch or instrumentality of the judge who prepares and signs the decision be
Government.‖ The petition for the judge who heard the case.
certiorari/prohibition filed by petitioners
RULING: No. A successor may decide the
seeking to nullify R.A. 10354 raises a justiciable
case only if the judge who heard the trial is no
controversy as to the application or
longer available by reason of death, retirement
interpretation of a constitutional provision, in
or resignation to render the decision. In the case
which the Court is bound by constitutional
at bar, it does not involve the abovementioned
mandate to decide.
circumstances thereby the Court ordered Judge
Kalalo to go to Muntinlupa City to conduct the
trial of the subject cases within the premises of
the Bureau of Corrections.

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Topic: Unpromulgated Decision


PEDREGOZA VS. COMELEC AND
S UMULONG, JR. FACTS: The promulgation of Gilbert Copy
G.R. No. 169885 (July 25, 2006) was being withheld. Louis Biraogo, held a press
conference and circulated to the media an
Topic: NON-COMPLIANCE with RULES undated letter signed by him together with a
Xerox copy of the unpromulgated ponencia.
FACTS: Respondent Sumulong filed an Biragao, in his letter, insinuated that the Court,
election protest for irregularities wherein at the instance of the Chief Justice and with
petitioner was proclaimed as the winner. MTC implied consent of other Justices, unlawfully
dismissed the protest but COMELEC reversed and with improper motives withheld the
the decision and declared respondent as duly promulgation of the ponencia. The
elected Punong Bayan. Petitioner sought for unauthorized release of a copy of the
reconsideration but COMELEC En Banc unpromulgated ponencia infringed on the
affirmed the decision of the division with the confidential internal deliberations of the Court
five signatures of the commissioners in the and Constituted contempt of the court.
resolution although Commissioner Tuazon and
Sadain took no part without indicating the ISSUE: WON the unpromulgated decision is
reasons of inhibition. binding.

Petitioner prays for the invalidation of the RULING: It was noted that if a majority
resolution for having been promulgated without concurred only―in the result,‖
a quorum because of the failure of the two the ponencia would have no doctrinal value.
commissioners to indicate the reason for taking More importantly, any decision ousting a sitting
no part in the case. member of the House of Representatives
should spell out clearly the legal basis relied
ISSUE: Whether or not the failure of the upon by the majority for such extreme measure.
Commissioners to indicate their reasons for
taking no part in the case annuls the Resolution. SC ruled that, a decision becomes binding only
after it is validly promulgated. Until such
RULING: No. The omission of not indicating operative acts occur, there is no really decision
the reason of inhibition does not invalidate the to speak of, even if some or all the Justices have
ruling. The non-compliance with the rule does already affixed their signature thereto.
not annul the ruling in which a judge takes no
part but may be basis for holding him AGOY VS. ARANETA CENTER
responsible for the omission. G.R. No. 196358 (March 21, 2012)

IN RE: UNDATED LETTER OF MR. LOUIS Topic: Minute Resolution


BIRAOGO, PETITIONER IN BIRAOGO VS.
NOGRALES AND LIMKAICHONG FACTS: Petitioner Agoy filed Motion to
Rescind the June 15, 2011 Resolution doubting
A.M. No. 09-2-19-SC (February 24, 2009) the authenticity of the Minute Resolution and
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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

the September 11, 2011 resolution affirming the petitioner‘s motion to transfer cases to the Banc
authenticity of the former resolution. The but the Court deliberated on the consultation
petitioner sought the Court En Banc to decide and voted 9-5 to accept cases for the En Banc.
reiterating that his case cannot be decided by a
minute resolution. ISSUE: Whether or not these consolidated cases
can be considered and treated as en banc cases.
ISSUES: Whether or not it was proper for the
Court to deny his petition through a minute RULING: Yes, Supreme Court voted 9-5 to
resolution. accept the cases for the En Banc to pass upon
in view of the finding that the cases above
RULING: The court itself has defined the entitled are of sufficient importance to merit its
instances when cases are to be adjudicated by attention. The action of the court is a legitimate
decision, signed resolution, unsigned resolution and valid exercise of its residual power within
or minute resolution. the contemplation of Paragraph 9 of the
Resolution En Banc Nov. 18, 1998 ―All other
Minute resolutions constitute actual cases as the court en banc by a majority of its
adjudications on the merits. They are the result actual membership may deem of sufficient
of thorough deliberation among the members importance to merit its attention‖.
of the court. When the court does not find any
reversible error in the decision of the CA and Taking into account the importance of these
denies the petition, there is no need for the cases and the issues raised, let alone the
Court to fully explain its denial, since it already enormous value of the area in litigation, which
means that it agrees with and adopts the is claimed as government property, there is
findings of the CA. merit in the prayer of the petitioners that their
pending motions for reconsideration should be
FIRESTONE CERAMICS INC. VS. COURT OF resolved by the Court En Banc.
APPEALS
G.R. No. 127022 (January 15, 2002) IN THE MATTER OF THE CHARGES OF
G.R. No. 127245 (January 15, 2002) PLAGIARISM AGAINST ASSOCIATE JUSTICE
DEL CASTILLO
Topic: EN BANC Cases A.M. 10-7-17-SC (October 12, 2010)

FACTS: Petitioners filed Motion to Refer to the Topic: PLAGIARISM


Court En Banc these consolidated cases
involving a vast tract of land with an area of FACTS: In the landmark decision of Vinuya vs.
around ninety-nine (99) hectares presumptively Executive Secretary, G.R. No. 162230,
belonging to the Republic of the Philippines petitioners alleged that Justice del Castillo
which land has been adjudicated by private plagiarized and twisted passages from three
individuals by a court alleged to be without foreign legal articles to support the Court‘s
jurisdiction, are pending at the Third Division. position in the Vinuya decision. The
The Third Division voted 4-1 to deny Court then referred the charges against Justice

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Del Castillo to its Committee on Ethics and


Ethical Standards, chaired by Chief Justice J. CONSTITUTIONAL
Renato Corona, for investigation and
COMMISSIONS
recommendation. After the proceedings before
it, the Committee submitted its findings and
Gaminde v. COA
recommendations to the Court en banc, which
then treated and decided the controversy as an 347 SCRA 655; December 13, 2000
administrative matter.
Topic: Staggering of Terms
ISSUE: Whether or not Justice de Castillo, in
Facts: On June 11, 1993, the President of the
writing the opinion for the Court in
Philippines appointed petitioner Thelma P.
the Vinuya case plagiarized and twisted public
Gaminde ad interim Commissioner of the Civil
works.
Service Commission. She assumed office on
June 22, 1993, after taking an oath of
RULING: No. By a 10-2 vote, with three
office. On September 07, 1993, the
Justices including Justice del Castillo taking no
Commission on Appointment confirmed the
part, the Court dismissed the charges for lack of
appointment.
merit and held that Justice del Castillo was not
guilty of plagiarizing and twisting the cited Issue: Whether the term of office of Atty.
materials and hence did not commit gross Gaminde, as Commissioner, Civil Service
negligence. The court reiterated that on Commission expired on February 02, 1999, as
occasion judges and justices have mistakenly stated in the appointment paper, or on February
cited the wrong sources, failed to use quotation 02, 2000, as claimed by her.
marks, inadvertently omitted necessary
information from footnotes or endnotes. But Ruling: The term of office of Ms. Thelma P.
these do not, in every case, amount to Gaminde as Commissioner, Civil Service
misconduct. Only errors that are tainted with Commission, under an appointment extended
fraud, corruption, or malice are subject of to her by President Fidel V. Ramos on June 11,
disciplinary action. Justice Del Castillo‘s acts or 1993, expired on February 02, 1999. However,
omissions were not shown to have been she served as de facto officer in good faith until
impelled by any of such disreputable February 02, 2000, and thus entitled to receive
motives. If the rule were otherwise, no judge or her salary and other emoluments for actual
justice, however competent, honest, or service rendered. Consequently, the
dedicated he may be, can ever hope to retire Commission on Audit erred in disallowing in
from the judiciary with an unblemished record. audit such salary and other emoluments,
including that of her co-terminous staff.

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Funa v. Villar unconstitutional as it will destroy the rationale


and policy behind the rotational system or the
405 SCRA 614; April 24, 2012 staggering of appointments (Villar and San
Topic: Staggering Terms Buenaventura‘s terms would both expire on Feb.
2, 2011).
Facts: On Feb. 15, 2001, Pres. Arroyo
appointed Guillermo N. Carague as Chairman
of the COA for a seven-year term. On Feb. 7, Macalintal v. COMELEC
2004, Pres. Arroyo appointed Reynaldo A.
Villar as the third member of the COA also for 405 SCRA 614; July 10, 2003
a seven-year term, until Feb. 2, 2004. Villar was
designated as Acting Chairman of the COA Topic: Proceedings
from Feb. 4, 2008 to April 14, 2008 (nominated Facts: Romulo Macalintal, as a lawyer and a
and appointed Chairman on April 18, 2008; taxpayer, questions the validity of the Overseas
appointment was confirmed on June 11, 2008 – Absentee Voting Act of 2003 (R.A. 9189). He
to serve as Chairman until the expiration of his questions the validity of the said act on the
original term on Feb. 2, 2011 following grounds, among others: That the
Villar maintained that his appointment as provision that a Filipino already considered an
Chairman gave him a fresh term of seven years. immigrant abroad can be allowed to participate
Evelyn R. San Buenaventura was appointed in absentee voting provided he executes an
COA Commissioner to serve the unexpired affidavit stating his intent to return to the
term of Villar (up to Feb. 2, 2011). Villar Philippines is void because it dispenses of the
resigned and vacated his position, and was requirement that a voter must be a resident of
replaced by Ma. Gracia Pulido-Tan the Philippines for at least one year and in the
place where he intends to vote for at least 6
Issue: Whether or not Villar‘s appointment as months immediately preceding the election.
COA Chairman, while sitting in that body and
after having served for four (4) years of his Issue: Whether or not the assailed provision is
seven (7) year term as COA commissioner, is unconstitutional
valid in light of the term limitations imposed Ruling: No. It could not be the intention of
under, and the circumscribing concepts tucked Congress to allow COMELEC to include
in, Sec. 1 (2), Art. IX(D) of the Constitution the proclamation of the winners in the vice-
Ruling: No. Sec. 1(2), Art. IX(D) of the 1987 presidential and presidential race. To interpret it
Constitution and similar provisions do not that way would mean that Congress allowed
peremptorily prohibit the promotional COMELEC to usurp its power. The canvassing
appointment of a commissioner to chairman, and proclamation of the presidential and vice
provided the new appointee‘s tenure in both presidential elections is still lodged in Congress
capacities does not exceed seven (7) years in all and was in no way transferred to the
and it is due to death, disability, resignation or COMELEC by virtue of RA 9189.
impeachment of the predecessor. However,
Villar‘s appointment as chairman is
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Civil Service Commission v. Department of J. 1. CIVIL SERVICE


Budget and Management COMMISSION
464 SCRA 115; July 22, 2005
GRINO v. CIVIL SERVICE
Facts: Petitioner via the present petition for COMMISSION
mandamus seeks to compel the Department of
Budget and Management to release the balance 194 SCRA 485, (2008)
of its budget for fiscal year 2002. It also seeks a
determination by this Court of the extent of the TOPIC: Civil Service Commission
constitutional concept of fiscal autonomy. By FACTS: Governor Simplicion Griño
petitioner‘s claim, the amount terminated respondents Arandela as Provincial
of P215,270,000.00 was appropriated for its Attorney and all the legal officers at the PAO.
Central Office by the General Appropriations He made mention of an article pertaining to the
Act of 2002, while the total allocations for the Iloilo office of the Provincial Attorney which
same Office, if all sources of funds are ―undermined that trust and confidence‖ that he
considered, amount to P285,660,790.44. It reposed on them. He then arranged the
complains, however, that the total fund releases replacements of the said officers.
by respondent to its Central Office during the
fiscal year 2002 was only P279,853,398.14, The terminated officers appealed to the CSC
thereby leaving an unreleased balance of which later declared their termination as illegal
P5,807,392.30. and ordered that they be immediately restored
Issue: Whether or not the policy of DBM ― No to their positions.
Report, No Release Policy ― is constitutional.
Petitioners seek the reversal of CSC resolution.
Ruling: Yes. Respondent‘s act of withholding
the subject funds from petitioner due to ISSUE: Whether or not the position of a
revenue shortfall is unconstitutional. provincial attorney is confidential so that the
Accordingly, respondent is directed to release to holder thereof may be terminated upon loss of
petitioner the amount P5,807,392.30 confidence.
representing the unreleased balance of
petitioner‘s appropriation for its Central Office RULING: The positions of city legal officer
by the General Appropriations Act for FY 2002. and provincial attorney were created under
Republic Act No. 5185 which categorized them
together as positions of "trust―. The attorney-
client relationship is strictly personal because it
involves mutual trust and confidence of the
highest degree.

The fact that the position of respondent


Arandela as provincial attorney has already been
classified as one under the career service and

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certified as permanent by the CSC cannot is a permanent, career position and not
conceal or alter its highly confidential nature. primarily confidential.
This Court holds that the position of
respondent Arandela as the provincial attorney ISSUE: (1) Whether or not the courts may
of Iloilo is a primarily confidential position. determine the proper classification of a position
Following the principle that the tenure of an in government.
official holding a primarily confidential position
ends upon loss of confidence, Arandela‘s (2) Whether or not the position of Corporate
termination is valid. Secretary in a GOCC is primarily confidential in
nature.
However, with respect to the legal assistants or
subordinates of the provincial attorney, their RULING: The Court is expected to make its
positions are not confidential but are highly own determination as to the nature of a
technical in character. They are permanent particular position, such as whether it is a
employees and they enjoy security of tenure. primarily confidential position or not, without
being bound by prior classifications made by
CIVIL SERVICE COMMISSION v. other bodies. The findings of the other
JAVIER branches of government are merely considered
initial and not conclusive to the Court. However,
546 SCRA 485, (2008) in case of conflict, the Court must exercise its
constitutional role as final arbiter of all
TOPIC: Civil Service Commission justiciable controversies and disputes.

FACTS: Nita Javier was first employed as The position of corporate secretary in a GOCC
Private Secretary in the GSIS on a ―confidential‖ is primarily confidential in nature.
status. A month before her 64th birthday, she
opted for early retirement. Barely a year after, A position is considered to be primarily
GSIS reappointed her as Corporate Secretary confidential when there is a primarily close
and classified her appointment as ―confidential intimacy between the appointing authority and
in nature and the tenure of office is at the the appointee (―proximity rule‖).
pleasure of the Board.‖.
The secretary reports directly to the board of
CSC alleged that the respondent‘s directors, without an intervening officer in
reappointment on confidential status was meant between them. The nature of the duties and
to illegally extend her service since under the functions attached to the position points to its
civil service regulations, those who are in highly confidential character.
primarily confidential positions may serve even
beyond the compulsory retirement age of 65.

Petitioner invalidated respondent‘s


reappointment on the ground that the position

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|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

ROMAGOS v. METRO WATER CEBU DE GUZMAN v. COMELEC


DISTRICT
G.R. No. 129118. July 19, 2000
533 SCRA 188, (2000)
TOPIC: Civil Service Commission
TOPIC: Civil Service Commission
FACTS: Petitioners, pursuant to Section 44 of
FACTS: Vilma Ramagos is an employee of R.A. No. 8189 (Voter‘s Registration Act of
MWCD. Two incidents where she suddenly and 1996), were reassigned to different stations.
without provocation began rambling loudly and
incoherently causing alarm and anxiety among Petitioners assailed the validity of RA 8189,
office employees. She was diagnosed as contending that Sec. 44 violated the
suffering from major depression but declared as constitutional guarantee on security of tenure of
physically and mentally fit to go back to work. civil servants.
However MCWD informed her that she was
being dropped from the rolls for mental ISSUE: Whether or not the law violated the
incapacity. petitioners‘ security of tenure.

Ramagos assailed the decision of CA that RULING: The guarantee of security of tenure
MCWD correctly declared her as mentally unfit. under the Constitution is not a guarantee of
perpetual employment. It only means that an
ISSUE: Whether or not MCWD sufficiently employee cannot be dismissed (or transferred)
proved that Ramagos‘ mental incapacity has from the service for causes other than those
rendered her incapacitated to work, justifying provided by law and after due process is
her being dropped from the rolls. accorded the employee.

RULING: MCWD sufficiently established that What it seeks to prevent is capricious exercise
Ramagos suffers from a mental disorder. of the power to dismiss. However, no such
However, a declaration of mental disorder does capriciousness can be raised for so long as the
not automatically translate to a judgment of remedy proposed to cure a perceived evil is
mental incapacity to perform work. germane to the purposes of the law.

When Ramagos was suffering from a protracted CANONIZADO v. AGUIRRE


mental disorder, the same did not render her 323 SCRA 312 (2000)
incapable of performing her work. There was
therefore an incomplete cause or justification to TOPIC: Civil Service Commission
drop her from the rolls.
FACTS: Petitioners are members of the
National Police Commission (NAPOLCOM).
When RA 8551, (Philippine National Police
Reform and Reorganization Act of 1998) took

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

effect, it declared that their terms were deemed its lines of control, authority and responsibility,
expired and separated from office. neither has there been a reduction in its
membership, nor a consolidation or abolition of
Petitioners assailed the constitutionality of the offices constituting the same.
Section 8 of RA 8551, arguing that their
removal from office violates their security of Therefore, no bona fide reorganization of the
tenure. Respondents pointed out that RA 8551 NAPOLCOM having been mandated by
reorganized the NAPOLCOM resulting in the Congress in RA 8551, insofar as it declares the
abolition of petitioners‘ offices. terms of office of the petitioners as expired and
resulting in their removal from office. It
ISSUE: Whether or not there is a bona fide removes civil service employees from office
reorganization of NAPOLCOM in RA 8551. without legal cause and must therefore be struck
down for being constitutionally infirm.
RULING: Reorganization takes place when
there is an alteration of the existing structure of GLORIA v. COURT OF APPEALS
government offices or units therein, including 338 SCRA 5 (2000)
the lines of control, authority and responsibility
between them. It involves a reduction of TOPIC: Civil Service Commission
personnel, consolidation of offices, or abolition
thereof by reason of economy or redundancy of FACTS: Private respondent Dr. Bienvenido
functions.Naturally, it may result in the loss of Icasiano was reassigned as Superintendent of
one‘s position through removal or abolition of the Marikina Institute of Science and
an office. However, for a reorganization to be Technology upon the recommendation of
valid, it must also pass the test of good faith. DECS Sec. Ricardo Gloria.
Dario v. Mison...As a general rule, a
Icasiano filed a TRO and preliminary
reorganization is carried out in "good
mandatory injuction against Sec. Gloria on the
faith" if it is for the purpose of
ground that it violates his security of tenure.
economy or to make bureaucracy
The DECS Secretary argued that the filing of
more efficient. In that event, no
the case is improper because the same attacks
dismissal (in case of a dismissal) or
an act of the President, in violation of the
separation actually occurs because the
doctrine of presidential immunity from suit.
position itself ceases to exist. And in
that case, security of tenure would not
ISSUE: (1) Whether or not the private
be a Chinese wall…There is an invalid
respondent‘s reassignment violates his security
"abolition" as where there is merely a
of tenure.
change of nomenclature of positions,
or where claims of economy are belied
(2) Whether or not the filing of the case violates
by the existence of ample funds
the presidential immunity from suit.
The basic structure of the NAPOLCOM has
been preserved. There has been no revision in
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

RULING: Yes. The Court ruled that the which appointment was, however, requested to
reassignment of petitioner to MIST "appears to be retrieved by the Office of the Vice President
be indefinite". The same can be inferred from and at the same time disapproved by the Civil
the Memorandum of Secretary Gloria for Service Commission. Moreover, it was found
President Fidel V. Ramos to the effect that the out that there exists a prima facie case against
reassignment of private respondent will "best fit Albao for Dishonesty and Falsification of
his qualifications and experience" being "an Official Documents. A case was then initiated
expert in vocational and technical education." It against him by CSC-NCR. Respondent filed a
can thus be gleaned that subject reassignment is petition for review before the Court of Appeals
more than temporary as the private respondent alleging that the CSC has no original jurisdiction
has been described as fit for the (reassigned) job, to institute administrative case and so, it cannot
being an expert in the field. Besides, there is delegate the same to CSC-NCR.
nothing in the said Memorandum to show that
the reassignment of private respondent is CA ruled that the CSC-NCR does not have
temporary or would only last until a permanent jurisdiction to investigate and decide the case of
replacement is found as no period is specified respondent. Consequently, the CSC-NCR
or fixed; which fact evinces an intention on the exceeded its authority in initiating the
part of petitioners to reassign private administrative case against him.
respondent with no definite period or duration.
Such feature of the reassignment in question is ISSUE: Whether or not the power conferred
definitely violative of the security of tenure of upon the CSC-NCR to hear and decide
the private respondent. administrative cases does not include the power
to initiate and prosecute said cases.
Petitioners‘ contention is untenable because the
petition is directed against petitioners and not RULING: No. When the Commission, in the
against the President. The questioned acts are course of the performance of its official and
those of petitioners and not of the President. other duties, comes to know of any
Furthermore, presidential decisions may be transgression committed by a government
questioned before the courts where there is employee, it can initiate the necessary
grave abuse of discretion or that the President proceedings. In this case, it initiated the
acted without or in excess of jurisdiction. administrative proceedings against respondent
after the discovery of the latter‘s spurious
CIVIL SERVICE COMMISSION-NCR v. eligibility.
ALBAO
472 SCRA 548 (2005) This is an integral part of its duty, authority and
power to administer the civil service system and
TOPIC: Civil Service Commission protect its integrity, as provided in Article IX-B,
Sec. 3 of the Constitution, by removing from its
FACTS: Respondent Albao was a contractual list of eligibles those who falsified their
employee in the Office of the Vice President qualifications. This is to be distinguished from
before his appointment to a permanent position, ordinary proceedings intended

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to discipline a bona fide member of the system, Issue: Whether or not the employees should be
for acts or omissions that constitute violations recalled on the sole ground that their
of the law or the rules of the service. appointment is a midnight appointment.

De Rama v. Court of Appeals Held: Initial approval of an appointment may


be recalled on any of the following grounds:
G.R. No. 131136. February 28, 2001 (a) Non-compliance with the
Topic: On Recall of Appointment procedures/criteria provided in the agency‘s
Merit Promotion Plan;
Facts: Petitioner Conrado L. de Rama wrote a (b) Failure to pass through the agency‘s
letter dated July 13, 1995 to the Civil Service Selection/Promotion Board;
Commission (or CSC), seeking the recall of the (c) Violation of the existing collective agreement
appointments of fourteen (14) municipal between management and employees relative to
employees justifying his recall request on the promotion; or
allegation that the appointments of the said (d) Violation of other existing civil service law,
employees were ―midnight‖ appointments of rules and regulations.
the former mayor, Ma. Evelyn S. Abeja, done in Accordingly, the appointments of the
violation of Article VII, Section 15 of the 1987 private respondents may only be recalled on the
Constitution. above-cited grounds. And yet, the only reason
The CSC denied petitioner‘s request for the advanced by the petitioner to justify the recall
recall of the appointments of the fourteen was that these were ―midnight appointments.‖
employees, for lack of merit. The CSC also cited The CSC correctly ruled, however, that the
Rule V, Sections 9 and 10 of the Omnibus constitutional prohibition on so-called
Rules, and declared that the appointments of ―midnight appointments,‖ specifically those
the said employees were issued in accordance made within two (2) months immediately prior
with pertinent laws. Thus, the same were to the next presidential elections, applies only to
effective immediately, and cannot be withdrawn the President or Acting President.
or revoked by the appointing authority until
disapproved by the CSC. The CSC also People v. Sandiganbayan
dismissed petitioner‘s allegation that these were
―midnight‖ appointments, pointing out that the GR No. 164185; July 23, 2008
Constitutional provision relied upon by Topic: On Legal Disqualifications on
petitioner prohibits only those appointments Appointment
made by an outgoing President and cannot be
made to apply to local elective officials. Thus, Facts: Private respondent Alejandro A.
the CSC opined, ―the appointing authority can Villapando won as Municipal Mayor of San
validly issue appointments until his term has Vicente, Palawan. He was charged for violation
expired, as long as the appointee meets the of Article 244 of the Revised Penal Code before
qualification standards for the position.‖ the Office of the Deputy Ombudsman
for Luzon for taking advantage of his official
functions when he designated ORLANDO M.

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

TIAPE as a Municipal Administrator of San Force Investigation Team from the COMELEC
Vicente, Palawan, knowing fully well that arrived in the area supposedly Barangay Padian
Orlando Tiape, a relative of Villapando‘s wife Torogan. It came out that the name Padian-
and that lacks the qualification as he is a losing Torogan means a cemetery not a residential
mayoralty candidate in the Municipality of place. So this contradicts the records being
Kitcharao, Agusan del Norte during the May brought by the COMELEC Team from the
1998 elections, hence is ineligible for Census saying that the area has 45 households
appointment to a public office within one year with a total population of 285. COMELEC
(1) from the date of the elections. issued Order finding Padian Torogan as ghost
precinct and shall be excluded from the special election to
Issue: Whether or not Villapando violated the be conducted in Madalum. Petitioners seek to
provisions of Article 244 of the RPC which nullify the Order issued by the COMELEC, for
punishes any public officer who shall knowingly having been issued with grave abuse of
nominate or appoint to any public office any discretion.
person lacking legal disqualifications.
Issue: Whether or not the respondent
Held: Yes. Such appointment is in violation of COMELEC committed grave abuse of
Art. 244 of the RPC. Legal disqualification in discretion in declaring Padian-Torogan as ghost
Article 244 of the Revised Penal Code simply precinct.
means disqualification under the law. Clearly,
Section 6, Article IX of the 1987 Constitution Held: No. The findings of the administrative
and Section 94(b) of the Local Government agency cannot be reversed on appeal
Code of 1991 prohibits losing candidates within or certiorari particularly when no significant facts
one year after such election to be appointed to and circumstances are shown to have been
any office in the government or any overlooked or disregarded which when
government-owned or controlled corporations considered would have substantially affected the
or in any of their subsidiaries. outcome of the case. The COMELEC has
broad powers to ascertain the true results of an
election by means available to it. The assailed
J. 2. COMMISSION ON order having been issued pursuant to
ELECTIONS COMELEC‘s administrative powers and in the
absence of any finding of grave abuse of
Sarangani v. COMELEC discretion in declaring a precinct as non-existent,
said order shall stand. Judicial interference is
G.R. No. 135927. June 26, 2000 unnecessary and uncalled for. No voter is
Topic: On Judicial Review of COMELEC’s disenfranchised because no such voter exist.
Findings The sacred right of suffrage guaranteed by the
Constitution is not tampered when a list of
Facts: An ocular inspection was conducted on fictitious voters is excluded from an electoral
the alleged twelve (12) ghost barangays in the exercise. Suffrage is conferred by the
Municipality of Madalum, Lanao Del Sur. Task Constitution only on citizens who are qualified
to vote and are not otherwise disqualified by law.
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On the contrary, such exclusion of non-existent are recognized as official candidates of LDP
voters all the more protects the validity and ―Aquino Wing‖
credibility of the electoral process as well as the
right of suffrage because the "electoral will" Issue: Whether or not the COMELEC
would not be rendered nugatory by the committed grave abuse of discretion in
inclusion of some ghost votes. Election laws recognizing the two wings of LDP
should give effect to, rather than frustrate the
will of the people. Held: Yes. From the foregoing, it is plain that
Nevertheless, the determination of the COMELEC misapplied equity in the
whether a certain election precinct actually present case. For all its conceded merits, equity
exists or not and whether the voters registered is available only in the absence of law and not as
in said precinct are real voters is a factual matter. its replacement. Equity is described as justice
On such issue, it is a time-honored precept that without legality, which simply means that it
factual findings of the COMELEC based on its cannot supplant, although it may, as often
own assessments and duly supported by happens, supplement the law.[40] The
evidence, are conclusive upon this Court, more COMELEC should have decided the case on
so, in the absence of a substantiated attack on the basis of the party constitution and election
the validity of the same. laws.
By creating the two wings, the
Laban ng Demokratikong Pilipino v. COMELEC effectively diffused the LDP‘s
COMELEC strength and undeniably emasculated its chance
of obtaining the Commission‘s nod as the
G.R. No. 161265. February 24, 2004 dominant minority party.
Topic: COMELEC and Political Party By allowing each wing to nominate
Dispute different candidates, the COMELEC planted
the seeds of confusion among the electorate,
Facts: Preceding the May 2004 Elections, a who are apt to be confounded by two
dispute arose within the LDP Party as to who candidates from a single political
among the [LDP] officers [are] authorized to party. In Recabo, Jr. v. Commission on Elections, this
authenticate before the Commission that the Court declared that the electoral process
person filing the certificate of candidacy as party envisions one candidate from a political party
nominee for a certain position is the official for each position, and disunity and discord
candidate of the party chosen in accordance amongst members of a political party should
with its Constitution. The COMELEC not be allowed to create a mockery
decided the dispute with LEGAL EQUITY thereof. The admonition against mocking the
recognizing candidates for President down to electoral process not only applies to political
the last Sangguniang Bayan Kagawad nominated parties but with greater force to the COMELEC.
and endorsed by LDP Chairman Edgardo J.
Angara as official candidates of LDP ―Angara
Wing‖ and those nominated and endorsed by
LDP Secretary General Agapito ―Butz‖ Aquino

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Sandoval v. COMELEC Held: Yes. As a general rule, the COMELEC


has exclusive jurisdiction over all pre-
G.R. No.133842. January 26, 2000 proclamation controversies. As an exception,
Topic: On COMELEC’s Jurisdiction Over however, to the general rule, Section 15 of
Pre-Proclamation Contests Republic Act (RA) 7166, prohibits candidates in
the presidential, vice-presidential, senatorial and
Facts: Petitioner Sandoval was proclaimed the congressional elections from filing pre-
duly elected congressman of the legislative proclamation cases. The prohibition aims to
district of Malabon-Navotas pending the avoid delay in the proclamation of the winner in
petition private respondent filed with the the election, which delay might result in a
COMELEC an Urgent Manifestation/Motion vacuum in these sensitive posts.
in connection with SPC No.98-143. Private
respondent filed with the COMELEC in COMELEC v. Tagle
connection with SPC No.98-143 an "Urgent
Appeal from the Decision of the Legislative G. R. Nos. 148948 & 148951-60. February 17,
District Board of Canvassers for Malabon and 2003
Navotas with Prayer for the Nullification of the Topic: Immunity from Criminal Liability of
Proclamation of Federico S. Sandoval as Witnesses in an Election Case
Congressman." It alleged that there was a verbal
order from the COMELEC Chairman to Facts: During the 11 May 1998 elections,
suspend the canvass and proclamation of the Florentino A. Bautista ran for the position of
winning candidate for congressman of the mayor in the Municipality of Kawit, Cavite. On
Malabon-Navotas legislative district; that the 8 July 1998, he filed with the COMELEC a
district board of canvassers proceeded with the complaint against then incumbent mayor Atty.
canvass and proclamation despite the verbal Federico Poblete et. al., for violation of Section
order; and that the non-inclusion of the 19 261 (a) and (b) of the Omnibus Election Code.
election returns in the canvass would result in The complaint was supported by the separate
an incomplete canvass of the election returns. It affidavits of forty-four (44) witnesses attesting
prayed that the decision of the district board of to the vote-buying activities of the respondents.
canvassers be reversed and that the municipal Before the trial, a complaint was filed for
board of canvassers of Malabon be reconvened violation of Section 261(a) of the Omnibus
to complete its canvass. It also prayed that the Election Code against the witnesses in the
proclamation of petitioner as congressman be criminal case for vote-buying. The
annulled. COMELEC en banc issued a minute resolution
The COMELEC en banc issued an order holding that the respondents therein are exempt
setting aside the proclamation of petitioner. from criminal prosecution pursuant to the
fourth paragraph of Section 28 of R.A. No.
Issue: Whether or not COMELEC has 6646, otherwise known as ―The Electoral
jurisdiction pre-proclamation controversy Reforms Law of 1987,‖ which grants immunity
alleging the existence 'of manifest error in the from criminal prosecution persons who
certificate of canvass. voluntarily give information and willingly testify

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against those liable for vote-buying or vote- Memorandum filed with this Court. Clearly then,
selling. Pursuant to Minute Resolution No. 00- respondent judge committed grave abuse of
2453, the Law Department filed a motion to discretion when he denied the motion to
dismiss Criminal Cases Nos. 7950-00 to 7959- dismiss Criminal Cases Nos. 7950-00 to 7959-
00 and 7980-00 before Branch 20 of the RTC of 00 and 7980-00 despite COMELEC‘s
Imus, Cavite, presided by herein respondent determination that the accused therein are
judge. The latter, however, denied the said exempt from criminal prosecution for vote-
motion and the motion for selling pursuant to the proviso in the fourth
reconsideration. According to respondent judge, paragraph of Section 28 of R.A. No. 6646.
before one can be exempt from prosecution
under the fourth paragraph of Section 28 of K. LOCAL GOVERNMENTS
R.A. No. 6646, it is necessary that such person City Government of Quezon City v. Bayan
has already performed the overt act of Telecommunications Inc.
voluntarily giving information or testifying in
any official investigation or proceeding for the GR No. 162015; March 6, 2006
offense to which such information or testimony
Topic: On LGUs’ Taxing Power
was given. It was thus premature to exempt the
respondents in I.S. No. 1-99-1080 from criminal Facts: The government of Quezon City,
prosecution, since they have not yet testified. pursuant to the taxing power vested on the
Local Government Units by Sec. 5, Art. X of
Issue: Whether or not the respondent judge the Constitution in relation to Sec. 232 of the
grave abuse of discretion amounting to excess LGC, enacted the Quezon City Revenue Code
or lack of jurisdiction in peremptorily denying imposing a real property tax on all real
the prosecution‘s motion to dismiss Criminal properties in Quezon City and reiterating under
Cases Nos. 7950-00 to 7959-00 and 7980-00. Sec. 6 thereof, the withdrawal of exemption
from real property tax under section 234 of the
Held: Yes. Respondents in who are the accused LGC. With the QC‘s Revenue Code, new tax
in Criminal Case for vote selling are exempt declarations for Bayantel‘s real properties in
from criminal prosecution for vote-selling by Quezon City were issued. Bayantel, on the other
virtue of the proviso in the last paragraph of hand, sought the exclusion of its real properties
Section 28 of R.A. No. 6646. Respondent judge in the city from the roll of taxable real
lost sight of the fact that at the time the properties on the ground that under RA 7633
complaint for vote-selling was filed with the (enacted months after the effectivity of the
Office of the Provincial Prosecutor, the had LGC), amending Bayantel‘s original franchise,
already executed sworn statements attesting to states that ‗the grantee, its successors or assigns
the corrupt practice of vote-buying in the case shall be liable to pay the same taxes on their real
docketed as Criminal Case No. 7034-99. It estate, buildings and personal property,
cannot then be denied that they had exclusive of this franchise, as other persons
already voluntarily given information in the vote- or corporations are now or hereinafter may be
buying case. In fact, they willingly testified in required by law to pay.
Criminal Case No. 7034-99 per petitioner‘s

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Issue: Whether or not the city government of another part of the GAA under the heading
Quezon City, pursuant to its delegated power to ‗UNPROGRAMMED FUNDS‘ provided for
tax under the LGC, can impose real property an allotment of 10 Billion which shall be released
tax on Bayantel which was granted exemption only when the revenue targets can be realized.
by Congress. Petitioners argue that the GAA violated this
constitutional mandate when it made the
Ruling: No. Reiterating the Court‘s ruling in release of IRA contingent on whether revenue
PLDT v. City of Davao, the grant of taxing collections could meet the revenue targets
powers to LGUs under the Constitution and the originally submitted by the President, rather
LGC does not affect the power of Congress to than making the release automatic as mandated
grant exemptions to certain persons pursuant to under Article X Section 6.
a declared national policy.
In the case at bar, Rep. Act No. 7633 was Issue: Whether or not the Legislature can
enacted subsequent to the LGC. Perfectly aware impose conditional requirement in the release of
that the LGC has already withdrawn Bayantel‘s IRA.
former exemption from realty taxes, Congress
opted to pass Rep. Act No. 7633 using, under Held: No. The automatic release of IRA is
Section 11 thereof, exactly the same defining mandatory in nature. To rule that the term
phrase ‖exclusive of this franchise‖ which was ‗automatic release‘ contemplates such
the basis for Bayantel‘s exemption from realty conditional release would be to strip the term
taxes prior to the LGC. In plain language, automatic of all meaning, and the only
Section 11 of Rep. Act No. 7633 states that ―the exception to the rule is when the national
grantee, its successors or assigns shall be liable internal revenue collections for the current fiscal
to pay the same taxes on their real estate, year is less than 40 percent of the collections of
buildings and personal property, exclusive of the preceding third fiscal year, in which case
this franchise, as other persons or corporations what should be automatically released shall be a
are now or hereafter may be required by law to proportionate amount of the collections for the
pay.‖ current fiscal year. The adjustment may even be
made on a quarterly basis depending on the
Alternative Center for Organizational actual collections of national internal revenue
Reforms and Development Inc. v. Zamora taxes for the quarter of the current fiscal year.

GR No. 144256; June 8, 2005 Batangas CATV v. CA


Topic: On Automatic Release of the IRA GR No. 138810; September 29, 2004
Topic: On LGUs’ Power of Regulation
Facts: President Estrada submitted the
National Expenditures Program for Fiscal Year Facts: The Sangguniang Panlungsod of the City
2000 with an IRA allotment of P121, 778, 000, of Batangas enacted Resolution No. granting
000. The Legislature then passed RA 8760 or petitioner a permit to construct, install, and
the General Appropriations Act for the Fiscal operate a CATV system in Batangas City.
Year 2000 which allotted for the IRA for LGUs Section 8 of the Resolution provides that
in the amount of P111, 778, 000, 000 and in
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

petitioner is authorized to charge its subscribers an implied restriction that the ordinances shall
the maximum rates specified therein, ―provided, be consistent with the general law.
however, that any increase of rates shall be
subject to the approval of the Sangguniang
Panlungsod.‖ Sometime in November 1993, Rodolfo Navarro et. al. v. Executive
petitioner increased its subscriber rates from Secretary Ermita
P88.00 to P180.00 per month. As a result, GR No. 180050; February 10, 2010
respondent Mayor wrote petitioner a letter Topic: On Creation of Provinces
threatening to cancel its permit unless it secures Facts: Congress passed Republic Act (R.A.) No.
the approval of respondent Sangguniang 9355, otherwise known as An Act Creating the
Panlungsod, pursuant to Resolution No. 210. Province of Dinagat Islands. Petitioners question
alleged that respondent Sangguniang Panlungsod the constitutionality of the law pointing that
has no authority to regulate the subscriber rates when the law was passed, Dinagat had a land
charged by CATV operators because under area of 802.12 square kilometers only and a
Executive Order No. 205, the National population of only 106,951, failing to comply
Telecommunications Commission (NTC) has with Section 10, Article X of the Constitution
the sole authority to regulate the CATV and of Section 461 of the LGC. Respondents
operation in the Philippines. on the other hand argued that they conducted
special census in 2003 which yielded a
Issue: Whether or not the Sangguniang population count of 371,576 inhabitants in the
Panlalawigan has the power to regulate proposed province. The NSO, however, did not
subscriber charges by CATV Operators. certify the result of the special census. They
further argued that the land requirement need
Held: No. Since E.O. No. 205, a general law, not be contiguous if it comprises two (2) or
mandates that the regulation of CATV more islands or is separated by a chartered city
operations shall be exercised by the NTC, an or cities that do not contribute to the income of
LGU cannot enact an ordinance or approve a the province as stated in the LGC-IRR.
resolution in
violation of the said law. It is a fundamental Issue: Whether or not RA 9355 complied with
principle that municipal ordinances are inferior the Constitution and Statutory Requirements
in status and subordinate to the laws of the state. under Section 461 of the LGC.
An ordinance in conflict with a state law of
general character and statewide application is Held: No. RA 9355 was rendered
universally held to be invalid. The principle is Unconstitutional. It is a requirement in the LGC
frequently expressed in the declaration that that the population requirement be certified by
municipal authorities, under a general grant of the NSO, in the case at bar, even though the
power, cannot adopt ordinances which infringe special census was conducted with the
the spirit of a state law or repugnant to the assistance of NSO representative, still the result
general policy of the state. In every power to was not certified by the said government agency
pass ordinances given to a municipality, there is since NSO conducts census of population every
10 years and special census every 5 years, in this

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case, the special census was conducted 2003. Issue: Whether or not the LGC-IRR is
Likewise, the pertinent provision in the IRR did unconstitutional on the ground that it provided
not fill in any detail in accordance with a known an exemption not expressly stated in the LGC
standard provided for by the law. Instead, the with respect to the creation of provinces.
IRR added an exemption to the standard or
criteria prescribed by the Local Government Held: No. The LGC-IRR pertaining to
Code in the creation of a province as regards exemptions in the creation of provinces is
the land area requirement, which exemption is constutional. The Philippines, as an
not found in the Code. As such, the provision archipelagic country, accounts for the
in the IRR that the land area requirement shall exemption from the land area requirement of
not apply where the proposed province is local government units composed of one or
composed of one or more islands is not in more islands, as expressly stated under Sections
conformity with the standard or criteria 442 and 450 of the LGC, with respect to the
prescribed by the Local Government Code; creation of municipalities and cities, but
hence, it is null and void. inadvertently omitted from Section 461 with
respect to the creation of provinces. Hence, the
void or missing detail was filled in by the
Rodolfo Navarro et. al. v. Executive Oversight Committee in the LGC-IRR. When
Secretary Ermita the
GR No. 180050; April 12. 2011 exemption was expressly provided in Article
Topic: On Creation of Provinces 9(2) of the LGC-IRR, the inclusion was
intended to correct the congressional oversight
Facts: This is a motion for reconsideration of in Section 461 of the LGC – and to reflect the
the February 10, 2010 Decision. The Decision true legislative intent. It would, then, be in order
declared R.A. No. 9355 unconstitutional for for the Court to uphold the validity of Article
failure to comply with the requirements on 9(2) of the LGC-IRR. Consistent with the
population and land area in the creation of a declared policy to provide local government
province under the LGC. Consequently, it units genuine and meaningful local autonomy,
declared the proclamation of Dinagat and the contiguity and minimum land area requirements
election of its officials as null and void. The for prospective local government units should
Decision likewise declared as null and void the be liberally construed in order to achieve the
provision on Article 9(2) of the Rules and desired results. The strict interpretation adopted
Regulations Implementing the LGC (LGC-IRR), by the February 10, 2010 Decision could prove
stating that, ―[t]he land area requirement shall to be counter-productive, if not outright absurd,
not apply where the proposed province is awkward, and impractical.
composed of one (1) or more islands‖ for being
beyond the ambit of Article 461 of the LGC, _____________________________________
inasmuch as such exemption is not expressly
provided in the law.

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Pablico v. Villapando last paragraph of the aforequoted Section 60.‖


The law on suspension or removal of elective
GR No. 147870; July 31, 2002 public officials must be strictly construed and
Topic: On Penalty or Dismissal from applied, and the authority in whom such power
Service on Erring Elective Officials of suspension or removal is vested must
exercise it with utmost good faith, for what is
Facts: Alejandro Villapando and Ramir Pablico involved is not just an ordinary public official
were then the Mayor and Vice-Mayor but one chosen by the people through the
respectively of San Vicente, Palawan. The exercise of their constitutional right of suffrage.
Mayor entered into a consultancy agreement Their will must not be put to naught by the
with Orlando M. Tiape, a defeated mayoralty caprice or partisanship of the disciplining
candidate in the May 1998 elections. The authority. Where the disciplining authority is
petitioners argued that the consultancy given only the power to suspend and not the
agreement amounted to an appointment to a power to remove, it should not be permitted to
government position within the prohibited one- manipulate the law by usurping the power to
year period under Article IX-B, Section 6, of the remove.
1987 Constitution. The Sangguniang
Panlalawigan of Palawan found respondent
Villapando guilty and imposed the penalty of Atienza v. Villarosa
dismissal from service. Respondent Mayor then
appealed to the Office of the President but only GR No. 161081; May 10, 2005
affirmed the decision of the Sangguniang Topic: On Power of the Vice-Governor
Panlalawigan.
Facts: Petitioner Atienza and respondent
Issue: Whether or not local legislative bodies Villarosa were the Vice-Governor and
and/or the Office of the President, on appeal, Governor respectively of the Province of
can validly impose the penalty of dismissal from Occidental Mindoro. Petitioner Vice-Governor
service on erring elective officials. received a memorandum issued by the
Governor concerning the authority to sign
Held: No. Sec. 60 of the LGC provides that an Purchase Orders of Supplies, Materials,
elective official may be removed from office on Equipment, Including Fuel Repairs and
the grounds enumerated above by proper court Maintenance of the Sangguniang Panlalawigan
order. It is clear from the last paragraph of the shall be approved by the Governor himself in
aforecited provision that the penalty of his capacity as the local chief executive of the
dismissal from service upon an erring elective province. In his reply, the Vice-Governor that
local official may be decreed only by a court of the concern in the memorandum is under his
law. Thus, in Salalima, et al. v. Guingona, et al., the authority and that the Governor‘s apporoval is
Court held that ―[t]he Office of the President is no longer necessary pursuant to Sec. 466 and
without any power to remove elected officials, 468 of RA 7160. Unimpressed in the reply of
since such power is exclusively vested in the the Vice-Governor, the Governor issued
proper courts as expressly provided for in the another memorandum terminating contract of

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services of casual/job order employees and Governor. In the same manner, the authority to
reappointment of the respective recommendees appoint casual and job order employees of the
entered into by the Vice-Governor and only Sangguniang Panlalawigan belongs to the Vice-
retained 4 casual job orders to be assigned to Governor. The authority of the Vice-Governor
the Office of the Vice-Governor and 1 to appoint the officials and employees of the
casual/job order employee for each member of Sangguniang Panlalawigan is anchored on the fact
the Sanggunian Panlalawigan. that the salaries of these employees are derived
from the appropriation specifically for the said
Issues: 1. Who between the Governor or Vice- local legislative body. Indeed, the budget source
Governor is authorized to approve purchase of their salaries is what sets the employees and
orders issued in connection with the officials of the Sangguniang
procurement of supplies, materials, equipment, Panlalawigan apart from the other employees and
including fuel, repairs and maintenance of the officials of the province. Accordingly, the
Sanggunian Panalalawigan? appointing power of the Vice-Governor is
limited to those employees of the Sangguniang
2. Does the Governor have the authority to Panlalawigan, as well as those of the Office of
terminate or cancel the appointments of casual the Vice-Governor, whose salaries are paid out of the
job/ order employees of the Sangguniang funds appropriated for the Sangguniang Panlalawigan.
Panlalawigan Members and the Office of the
Vice-Governor? Latasa v. COMELEC

Held: 1. It is the Vice-Governor who has the GR No. 154829


authority pursuant to RA 7160, local legislative Topic: Three Term Limit Rule
power of the province is exercised by the
Sanggunian Panlalawigan and the Vice- Facts: Petitioner Latasa was elected mayor of
Governor is its presiding officer. The same the Municipality of Digos, Davao Del Sur in the
statute vests upon the Vice-Governor the elections of 1992, 1995 and 1998. During the
power to ‗Be the presiding officer of the Petitioner‘s third term, the Municipality of
Sanggunian Panlalawigan and sign all warrants Digos was declared a component city to be
drawn on the provincial treasury for all known as City of Digos. This event also marked
expenditures appropriated for the operation of the end of petitioner‘s tenure as mayor of the
the sangguniang panlalawigan. Municipality fo Digos; however, under Section
53, Article IX of the Charter, petitioner was
2. The Governor, with respect to the mandated to serve in a hold-over capacity as
appointment of the officials and employees of mayor of the new City of Digos, hence, he took
the Sangguniang Panlalawigan, has no such his ath as the city mayor. In the 2001 elections,
authority. Thus, while the Governor has the petitioner filed his COC for ‗city mayor‘. He
authority to appoint officials and employees stated therein that he is eligible therefor and
whose salaries are paid out of the provincial likewise disclosed that he had already served for
funds, this does not extend to the officials and three consecutive terms as mayor of the
employees of the Sangguniang Panlalawigan
because such authority is lodged with the Vice-
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Municipality of Digos and is now running for Sorsogon had already been merged with the
the first time for the position as the City Mayor. Municipality of Bacon to form a new political
unit, the City of Sorsogon pursuant to RA 8806.
Issue: Whether or not petitioner Latasa is Thus he argued that his third term was actually
eligible to run as candidate for the position of just his first term in the new political unit and
mayor of the newly created City of Digos that he was accordingly entitled to run for two
immediately after he served for three more terms.
consecutive terms as mayor of the Municipality Laceda likewise argued that assuming he had
of Digos. already served three consecutive terms, Rep.
Act No. 9164 which imposes the three-term
Held: No. He is not eligible to run for the limit, cannot be made to apply to him as it
position of City Mayor. While it is true that the would violate his vested right to office. He
new city acquired a new corporate existence alleged that when he was elected in 1994 the
separate and distinct from that of the prohibition did not exist. Had he known that
municipality. This does not mean, however, that there will be a law preventing him to run for the
for the purpose of applying the subject fourth time, he would not have run for office in
Constitutional provision, the office of the 1994 as he was looking forward to the election
municipal mayor would now be construed as a in 2007.
different local government post as that of the Issue: Whether or not Laceda is eligible to run
office of the city mayor. As stated earlier, the as candidate for Punong Barangay after serving
territorial jurisdiction of the City of Digos is the for three consecutive terms as Punong Barangay
same as that of the municipality. Consequently, of Panlayaan.
the inhabitants of the municipality are the same
as those in the city. These inhabitants are the Held: No. He cannot run for again for the
same group of voters who elected petitioner Office of the Punong Barangay after serving
Latasa to be their municipal mayor for three three consecutive terms. while it is true that
consecutive terms. These are also the same under Rep. Act No. 8806 the municipalities of
inhabitants over whom he held power and Sorsogon and Bacon were merged and
authority as their chief executive for nine years. converted into a city thereby abolishing the
former and creating Sorsogon City as a new
Laceda Sr. v. Limena and COMELEC political unit, it cannot be said that for the
purpose of applying the prohibition in Section 2
GR No. 182867; November 25, 2008 of Rep. Act No. 9164, the office of Punong
Topic: Three Term Limit Rule Barangay of Barangay Panlayaan, Municipality of
Sorsogon, would now be construed as a different
Facts: Laceda served as Punong Barangay of local government post as that of the office of
Panlayaan, West District, Sorsogon City for Punong Barangay of Barangay Panlayaan,
three consecutive terms. Latasa argued that that Sorsogon City. The territorial jurisdiction of
when he was elected for his first two terms, Barangay Panlayaan, Sorsogon City, is the same
Sorsogon was still a municipality and that when as before the conversion. Consequently, the
he served his third term, the Municipality of inhabitants of the barangay are the same. They

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are the same group of voters who elected officials from being elected and serving for
Laceda to be their Punong Barangay for three more than three consecutive terms for the same
consecutive terms and over whom Laceda held office, thereby, Morales is not eligible to run
power and authority as their Punong Barangay. again. Here, respondent Morales was elected for
Moreover, Rep. Act No. 8806 did not interrupt the term July 1, 1998 to June 30, 2001. There
Laceda's term. was actually no interruption or break in the
continuity of Morales‘ service with respect to
Atty. Rivera III & Atty. De Guzman v. the 1998-2001 term. He assumed the position.
COMELEC & Morales He served as mayor until June 30, 2001. He was
mayor for the entire period notwithstanding the
GR No. 167591; May 9, 2007 Decision of the RTC in the electoral protest
Topic: On Three Term Limit Rule case filed by petitioner Dee ousting him
(respondent) as mayor.
Facts: Petitioners Atty. Rivera III and Atty. De
Guzman filed a petition to cancel respondent Dizon v. COMELEC & MORALES
Morales‘ COC for the 2004 elections on the
ground that he was elected and served three GR No. 182088; January 30, 2009
previous consecutive terms as Mayor of Topic: On Three Term Limit Rule
Mabalacat. Respondent Morales argued that he
served as Mayor of Mabalacat, Pampanga for Facts: Petitioner alleges that respondedt was
the term 1995-1998 (first term) and 2001-2004 proclaimed as the Municipal Mayor of
(third term) but during his second term 1998- Mabalacat Pampanga during the 1995, 1998,
2001, he only served as a ‗caretaker of the office‘ 2001 and 2004 elections and had fully served
or as a ‗de facto officer‘ because he was not the same. Respondent filed his COC on March
validly elected for the second term since his 28, 2007 again for the same position. Petitioner
proclamation was declared void by the RTC and argues that respondent is no longer eligible and
the Decision became final and executor on qualified to run for the same position for the
August 6, 2001 and that he was preventively May 14, 2007 elections as it is violative of the
suspended by the Ombudsman in an anti-graft three term limit rule. Respondent, on the other
case from January 16, 1999 to July 15, 1999. hand, asserts that he is still eligible and qualified
to run because he was not elected for the said
Issue: Whether or not Morales‘ assumption of position in the 1998 elections thereby his term
office as Mayor of Mabalacat from 1998-2001 should be reckoned from 2001 and that his
may be considered as one full term service in election in 2004 is only his second term.
the context of the three-term limit rule.
Issue: Whether or not Morales‘ fourth term
Held: Yes, such assumption of office for was interrupted when he relinquished the office
service of the full term should be counted as for 1 month and 14 days prior to the May 14,
full term in contemplation of the three term 2007 elections.
limit rule prescribed by the constitutional and
statutory provisions barring local elective

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Held: Yes, Morales‘ relinquishment of the be considered an interruption in the service of


office should be considered an interruption his second term since it was a voluntary
since the ruling in the Rivera case declared renunciation of his office as municipal councilor.
Morales to have served three consecutive terms They argued that, according to the law,
for the same office because there was actually voluntary renunciation of the office for any
no interruption in his service as a result his length of time shall not be considered an
COC was cancelled for the term of 2004 to interruption in the continuity of service for the
2007 and respondent has relinquished the full term for which the official concerned was
disputed position on May 16, 2007 and the elected.
Vice-Mayor then took his oath and assumed
office as mayor on May 17, 2007 until the term Issue: Whether or not Potencioso‘s second
ended on June 30, 2007. The assumption by the term should be considered as a voluntary
vice-mayor of the office of the mayor no matter renunciation to disqualify him from running
how short it may seem, interrupted Morales‘ again in the same position.
continuity of service. Thus Morales did not hold
office for the full term of 1 July 2004 to 30 June Held: No. Such assumption to the office of the
2007. vice-mayor is an involuntary renunciation thus
he is qualified to run again. In this case, a
Montebon & Ondoy v. COMELEC & permanent vacancy occurred in the office of the
Potencioso Jr. vice mayor due to the retirement of Vice Mayor
Mendoza. Respondent, being the highest
GR No. 180444; April 8, 2008 ranking municipal councilor, succeeded him in
Topic: On Voluntary Renunciation of Office accordance with law. It is clear therefore that his
assumption of office as vice-mayor can in no
Facts: Petitioners Montebon and Ondoy filed a way be considered a voluntary renunciation of
petition for disqualification against respondent his office as municipal councilor.
Potencioso alleging that respondent had been
elected three consecutive terms as municipal
councilor in 1998-2001, 2001-2004 and 2004-
BOLOS JR. v. COMELEC
2007, thus he is proscribed from running for the
same position in the 2007 elections as it would G.R. No. 184082; March 17, 2009
be his fourth consecutive term. In his answer,
respondent admitted that he had been elected TOPIC: Local Government
for three consecutive terms as municipal
FACTS: Petitioner was elected as Punong
councilor, however, he claimed that the service
Barangay of Biking, Dauis, Bohol for 3 terms.
of his second term was interrupted on January
In May 2004, sitting as the incumbent PB, he
12, 2004 when he succeeded as vice-mayor of
ran for Municipal Councilor of Dauis and won.
Tuburan due to the retirement of Vice-Mayor
He served the full term of the Sangguniang
Mendoza. In petitioners‘ memorandum, they
Bayan position until June 30, 2007.
maintained that respondent‘s assumption of
office as vicemayor in January 2004 should not

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In the 2007 election, Asilo filed his CoC for the


Thereafter, petitioner filed his CoC for Punong same position. The petitioners sought to deny
Barangay in the 2007 Barangay Elections. due course to Asilo‘s Coc or to cancel it on the
Respondent Cinconiegue filed before the ground that he had been elected and had served
COMELEC a petition for the disqualification of for three terms; his candidacy for a fourth term
petitioner on the ground that there was therefore violated the three-term limit rule
voluntary renunciation on the latter‘s part. under Section 8, Article X of the Constitution
Petitioner argued that his election and and Section 43(b) of RA 7160.
assumption of office as Municipal Councilor
was by operation of law.
The 1st division of COMELEC ruled that the The COMELEC‘s Second Division ruled in
relinquishment of office as PB, as a favor of Asilo. It reasoned out that the three-
consequence of his assumption of office as SB term limit rule did not apply, as Asilo failed to
Member, was a voluntary renunciation of office. render complete service for the 2004-2007 term
Comelec En Banc affirmed the decision of the because of the suspension ordered by the
division. Sandiganbayan. The COMELEC En banc
refused to reconsider the Second Division‘s
ISSUE: Whether or not there was voluntary ruling in its October 7, 2008 Resolution.
renunciation of the Office of Punong
Barangay by petitioner when he assumed office ISSUE: (1) Whether preventive suspension of
as Municipal Councilor. an elected local official is an interruption of the
three-term limit rule.
RULING: Yes. The Court agrees with the
COMELEC that there was voluntary (2) Whether preventive suspension is
renunciation by petitioner of his position as considered involuntary renunciation as
Punong Barangay when he ran for Sangguniang contemplated in Section 43(b) of RA 7160.
Bayan member and, upon winning, assumed the RULING: No. temporary inability or
position of SB member, thus, voluntarily disqualification to exercise the functions of an
relinquishing his office as Punong Barangay elective post, even if involuntary, should not be
which the Court deems as a voluntary considered an effective interruption of a term
renunciation of said office. because it does not involve the loss of title to
office or at least an effective break from holding
ALDOVINO v. COMELEC
office; the office holder, while retaining title, is
G.R. No. 184836; December 23, 2009 simply barred from exercising the functions of
his office for a reason provided by law.
TOPIC: Local Government

FACTS: The respondent Wilfredo F. Asilo was No. Preventive suspension does not involve a
elected as councilor of Lucena City for three voluntary act on the part of the suspended
consecutive terms. (1998, 2001 and 2004) In official, except in the indirect sense that he may
September 2005, the Sandiganbayan have voluntarily committed the act that became
preventively suspended him for 90 days because the basis of the charge against him.
of a criminal case against him.
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

ARATEA v. COMELEC ISSUE: (1) Whether or not Lonzanida can be


considered an eligible candidate in the 2010
G.R. No. 195229; October 09, 2012 Elections.
TOPIC: Local Government (2) Whether Aratea or Antipolo is the rightful
FACTS: Lonzanida, candidate for Mayor of occupant to the Office of the Mayor of San
San Antonio, Zambales, filed his CoC for May Antonio, Zambales
2010 Elections. Dra. Rodolfo filed a petition to RULING: No. The conviction of Lonzanida
disqualify Lonzanida and to cancel his CoC on by final judgment, with the penalty of prisión
the ground that he made a false material mayor, disqualifies him perpetually from holding
representation in his CoC when he certified any public office, or from being elected to any
under oath that he was eligible for the office he public office. This perpetual disqualification
sought election. took effect upon the finality of the judgment of
conviction, before Lonzanida filed his certificate
The COMELEC 2nd Division rendered a of candidacy. We hold that Antipolo, the alleged
Resolution cancelling Lonzanida‘s CoC. The "second placer" should be proclaimed Mayor
latter‘s motion for reconsideration remained because Lonzanida‘s certificate of candidacy
pending during the May 2010 Elections. was void ab initio. In short, Lonzanida was
Lonzanida and Aratea were then proclaimed never a candidate at all. All votes for Lonzanida
Mayor and Vice-Mayor, respectively. were stray votes. Thus, Antipolo, the only
qualified candidate, actually garnered the highest
Aratea took his oath of office as Acting Mayor. number of votes for the position of Mayor.
Requesting an opinion from the DILG if he was
legally required to assume the Office of the
Mayor in view of Lonzanida‘s disqualification, TALAGA v. COMELEC
the DILG stated that he should assume said
office in an acting capacity without prejudice to G.R. No. 196804; October 9, 2012
Lonzanida‘s motion for reconsideration
TOPIC: Local Government
COMELEC En Banc disqualified Lonzanida
from running for Mayor in the 2010 Elections FACTS: Ramon Talaga and Philip Castillo
on the grounds that he served as a mayor for 3 respectively filed their CoCs for the position of
consecutive terms and that he has been Mayor of Lucena City to be contested in May
convicted by final judgment of falsification 2010 Elections. Ramon declared in his CoC that
under the RPC. Antipolo, opponent of he was eligible for the office he was seeking to
Lonzanida for Mayorship, filed a Motion for be elected to. Castillo filed with the COMELEC
Leave and to Intervene. a petition for the denial or cancellation of the
COMELEC En Banc no longer considered CoC of Ramon for having already served 3
Lonzanida‘s qualification as an issue, and consecutive terms as a City Mayor. COMELEC
granted the motion of Antipolo. First Division disqualified Ramon to run for
Mayor of the said city.

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Barbara Ruby filed her own CoC for Mayor of clear, too, that a candidate who does not file a
Lucena City in substitution of Ramon, attaching valid CoC may not be validly substituted,
thereto the Certificate of Nomination and because a person without a valid CoC is not
Acceptance issued by Lakas-Kampi-CMD, the considered a candidate in much the same way as
party that had nominated Ramon. any person who has not filed a CoC is not at all
a candidate.
During the elections, the name of Ramon
remained printed on the ballots but the votes Yes. Elected Vice-Mayor must succeed
cast in his favor were counted in favor of and assume the position of Mayor
Barbara Ruby, resulting in her victory. Castillo due to a permanent vacancy in the office. The
was seeking for the suspension of Barbara law expressly declares that a candidate
Ruby‘s proclamation. He alleged that Barbara disqualified by final judgment before an election
Ruby could not substitute Ramon because his cannot be voted for, and votes cast for him
CoC had been cancelled and denied due course; shall not be counted. This is a mandatory
and she could not be considered a candidate provision of law.
because the COMELEC En Banc had approved
ABUNDO v. COMELEC
her substitution three days after the elections;
hence, the votes cast for Ramon should be TOPIC: Local Government
considered stray.
FACTS: Abelardo Abundo Sr. vied for the
Barbara Ruby countered that the COMELEC position of Mayor of Viga, Catanduanes for 4
En Banc did not deny due course to or cancel consecutive elections (2001, 2004, 2007 and
Ramon‘s CoC because there was no finding that 2010). In both 2001 and 2007, he was
he had committed misrepresentation. Roderick proclaimed as the winner and served his term.
Alcala sought to intervene, positing that he However, Jose Torres was proclaimed winner in
should assume the post of Mayor because the 2004 elections. Abundo unseated Torres
Barbara Ruby‘s substitution had been invalid after a successful election protest. He served the
and Castillo had clearly lost the elections. remaining 1 year and 1 month of the term.

ISSUE: (1) Whether or not Barbara Ruby can In the 2010 elections, Abundo and Torres again
validly substitute his husband, Ramon, as opposed each other. Torres filed a petition to
candidate for Mayorship of Lucena City. disqualify Abundo based on the three-term limit
rule. Meanwhile, Ernesto Vega filed a quo
(2) Whether or not Roderick Alcala, the duly- warranto proceeding against Abundo before the
elected Vice-Mayor of Lucena City, should be RTC which ruled that the latter was ineligible to
the one to assume the post of Mayor. serve as Mayor. On appeal, COMELEC Second
Division and En Banc affirmed the RTC ruling.
RULING: No. Existence of a valid CoC is a
condition sine qua non for a valid substitution. ISSUE: Whether or not Abundo is deemed to
Considering that a cancelled CoC does not give have served three consecutive terms.
rise to a valid candidacy, there can be no valid
substitution of the candidate under Section 77 RULING: No. The two-year period during
of the Omnibus Election Code. It should be which Torres, was serving as mayor should be
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considered as an interruption, which effectively alleged that the recall election was not a regular
removed Abundo‘s case from the ambit of the election, but a separate special election
three-term limit rule. specifically to remove incompetent local
officials. Petitioner opposed private
The consecutiveness of what otherwise would respondent‘s claim, stating that serving the
have been Abundo‘s three successive, unexpired term of office is considered as 1
continuous mayorship was effectively broken term.
during the 2004-2007 term when he was initially
deprived of title to, and was veritably disallowed COMELEC En banc ruled in favor of private
to serve and occupy, an office to which he, after respondent and reversed the First Division‘s
due proceedings, was eventually declared to ruling.
have been the rightful choice of the electorate. ISSUE: Whether or not private respondent had
served 3 consecutive terms.
ADORMEO v. COMELEC
RULING: COMELEC‘s ruling that private
G.R. No. 147927; February 4, 2002
respondent was not elected for 3 consecutive
TOPIC: Local Government terms should be upheld. For nearly 2 years he
was a private citizen. The continuity of his
FACTS: Petitioner and private respondent were mayorship was disrupted by his defeat in the
the only candidates who filed their CoCs for 1998 elections. To bolster his case, respondent
mayor of Lucena City in the May 2001 elections. adverts to the comment of Fr. Joaquin Bernas,
Private respondent Talaga Jr. was then the stating that in interpreting said provision that ―if
incumbent mayor, elected in 1992, 1995, 1998. one is elected representative to serve the
He lost to Tagarao in 1998. However, Talaga Jr. unexpired term of another, that unexpired, no
won in a recall election and served the matter how short, will be considered one term
unexpired term of Tagarao until June 30, 2001. for the purpose of computing the number of
successive terms allowed.‖
Petitioner filed a petition, seeking for Talaga‘s
disqualification, on the ground that the he was As pointed out by the COMELEC En banc, Fr.
elected and had served as city mayor for 3 Bernas‘ comment is pertinent only to members
consecutive. Private respondent claimed that he of the House of Representatives. Unlike local
served only for 2 consecutive terms and not 3, government officials, there is no recall election
pointing his defeat in the election by Tagarao. provided for members of Congress
COMELEC First Division found Talaga Jr. SOCRATES VS COMELEC
disqualified to run for the Mayorship on the
ground that he had already served 3 consecutive GR No. 154512; November 12, 2002
terms, and his Certificate of Candidacy was
ordered withdrawn and/or cancelled. TOPIC: Local Government

Talaga Jr. filed a motion for reconsideration FACTS: The members of the incumbent
reiterating that ―3 consecutive terms‖ means barangay officials of the Puerto Princesa passed
continuous service for 9 years. He further Resolution No. 01-02 which declared its loss of
confidence in Victorino Dennis M. Socrates and
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

called for his recall. COMELEC gave due MMDA Chairman Oreta requesting the return
course to the Recall Resolution against Mayor of his license and expressed his preference for
Socrates of the City of Puerto Princesa, and case to be filed in Court. Receiving no
scheduled the recall election on September 7, immediate reply, Garin assailed the validity of
2002. Section 5(f) of Republic Act No. 7924 on the
ground that it violates the constitutional
Hagedorn filed his COC for mayor in the recall prohibition against undue delegation of
election. Several petitions were consolidated, legislative authority, allowing MMDA to fix and
seeking the disqualification of Hagedorn to run impose unspecified and unlimited fines and
and the cancellation of his COC on the ground penalties.
that the latter is disqualified from running for a
4th consecutive term, having been elected and ISSUE: Whether or not Section 5(f) of
having served as mayor of the city for 3 Republic Act No. 7924 which authorizes
consecutive full terms in 1992, 1995 and 1998 MMDA to confiscate and suspend or revoke
immediately prior to the instant recall election driver‘s license in the enforcement of traffic
for the same post. constitutional.

COMELEC‘s First Division dismissed in a RULING: The MMDA is not vested with
resolution the petitioner for lack of merit and police power. It is not a local government unit
declared Hagedorn qualified to run in the recall or a public corporation endowed with legislative
election. power and it has no power to enact ordinances
for the welfare of the community.
ISSUE: Whether or not Hagedorn who has
been elected and served for 3 consecutive full Police power, as an inherent attribute of
terms is qualified to run for mayor in the recall sovereignty, is the power vested by the
election. Constitution in the legislature to make, ordain,
and establish all manner of wholesome and
HELD: The candidacy of Hagedorn in the reasonable laws, statutes and ordinances, either
recall election is not an immediate re-election with penalties or without, not repugnant to the
after his third consecutive term which ended on Constitution, as they shall judge to be for the
June 30, 2001. He ceased to be mayor after his good and welfare of the commonwealth, and
term and became a private citizen until the recall for the subjects of the same.
election of September 24, 2002 when he won by
3,018 votes over his closest opponent, Socrates. MMDA v. VIRON TRANSPORTATION
CO., INC.
MMDA v. GARIN G.R. No. 170656; August 15, 2007
G.R. No. 130230; April 15, 2005 TOPIC: Local Government

TOPIC: Local Government FACTS: GMA issued EO No. 179, which


provided for the establishment of a Mass
FACTS: Garin was issued a traffic violation Transport System for Greater Manila (the
receipt and his driver‘s license was confiscated Project). The Metro Manila Council, governing
for parking illegally. He then wrote addressed to board and policy making body of MMDA,

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

issued a Resolution No. 03-07 series of 2003 implement a project such as the Project in
expressing full support of the Project. MMDA question.
then recommended a plan to decongest traffic By designating the MMDA as the implementing
by eliminating the bus terminals located along agency of the Project, the President clearly
major Metro Manila thoroughfares and overstepped the limits of the authority
providing more and convenient access to the conferred by law, rendering E.O. No. 179 ultra
mass transport system to the commuting public vires.
through the provision of mass transport
terminal facilities. Respondents, provincial bus Disomangcop v. Datumanong
operators who had bus terminals that were
threatened to be removed, alleged that the EO 444 SCRA 203;
No. 179 should be declared unconstitutional
Topic: Local Government Units- Autonomous
and illegal for transgressing the possessory
Regions
rights of owners and operators of public land
transportation units over their respective Facts: The first ARMM Organic Act, R.A. 6074,
terminals. as implemented by E.O. 426, devolved the
ISSUE: Whether or not MMDA can validly functions of the DPWH in the ARMM which
exercise police power by ordering the includes Lanao del Sur to the Regional
elimination of the respondents‘ terminals. Government. R.A. 8999 was passed to establish
an engineering district in the first district of the
RULING: MMDA is devoid of authority to
Province of Lanao Del Sur. DPWH D.O. 119
implement the Project as envisioned by the EO
was issued creating the Marawi Sub-District
No. 179. Police power rests primarily with the
Engineering Office which has jurisdiction over
legislature, such power may be delegated by
infrastructure projects within Marawi City and
virtue of a valid delegation, the power may be
Lanao del Sur.
exercised by the President and administrative
Petitioners assailed the constitutionality and
boards as well as by the lawmaking bodies of
validity R.A. 8999 and D.O. 119.
municipal corporations or local governments
under an express delegation by the Local Issue: Whether or not R.A. 8999 and D.O. 119
Government Code of 1991. violate the provisions of E.O. 426

It is the DOTC, and not the MMDA, which is Ruling: Yes. The challenged law creates an
authorized to establish and implement a project office with functions and powers which have
such as the one subject of the cases at bar. Thus, been previously devolved to the DPWH-
the President, although authorized to establish ARMM. The department order runs counter to
or cause the implementation of the Project, the provision of E.O. 426 identifying only four
must exercise the authority through the district engineering offices in each of the four
instrumentality of the DOTC which, by law, is provinces. The First Engineering District of the
the primary implementing and administrative DPWH-ARMM in Lanao Del Sur has
entity in the promotion, development and jurisdiction over projects within Marawi City.
regulation of networks of transportation, and
the one so authorized to establish and
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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Sema v. COMELEC Facts: In 1989, Congress enacted R.A. No.


6734 providing for an organic act for the
558 SCRA 700; July 16, 2008 Autonomous Region in Muslim Mindanao. R.A
Topic: Local Government Units-Autonomous 9054, R.A. 9140, and R.A. No. 9333 were
Regions passed by Congress to reset ARMM regional
elections. However, R.A. No. 9333 was not
Facts: RA 9054 was passed amending ratified in a plebiscite unlike the other two. R.A.
Autonomous Region of Muslim Mindanao‘s No. 10153 was later enacted to stop the
Organic Act and vesting it with power to create preparations for the ARMM elections in
provinces, municipalities, cities and barangays. accordance with R.A. 9333.
ARMM Regional Assembly then created Shariff Petitioners assailed the validity of the laws
Kabunsuan which comprised of the enacted subsequent to repeal R.A. 9054 for not
municipalities of the 1st district of Maguindanao complying with the supermajority vote and
with the exception of Cotabato City. For the plebiscite requirements.
purposes of the 2007 elections, COMELEC
treated Cotabato City as part of the legislative Issue: Whether or not the passage of RA No.
district of the Province of Shariff Kabunsuan. 10153 requires a supermajority vote and
Petitioner Sema was a congressional candidate plebiscite.
for the legislative district of Shariff Kabunsuan Ruling: No. Subsequent laws R.A. 9333 and
with Cotabato City. She contended that R.A. No. 10153 cannot be considered
Cotabato City should be a separate legislative amendments to R.A. No. 9054 as they did not
district and that the votes therefrom should be change or revise any provision of the latter law.
excluded in the voting. They don‘t need to comply with the
Issue: Whether or not ARMM Regional supermajority requirement under Sec. 1, Article
Assembly can validly create LGUs. XVII of R.A. 9054. Consequently, this voting
requirement must be struck down for giving
Ruling: No. The ARMM Regional Assembly R.A.9054 the character of an irrepealable law by
cannot create a province without legislative requiring more than what the Constitution
district because the Constitution mandates that demands. Furthermore, the plebiscite
every province shall have a legislative district. requirement is also a constitutional violation.

Kida v. Senate of the Philippines

659 SCRA 270; October 18, 2011

667 SCRA 200; February 28, 2012

Topic: Local Government Units- Autonomous


Regions

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Francisco Jr. v. House of Representatives


L. ACCOUNTABILITY OF
415 SCRA 44; November 10, 2003
PUBLIC OFFICERS
Topic: Impeachment- Procedure
Abakada Group Partylist v. Purisima
Facts: The House of Representatives adopted a
562 SCRA 251; August 14, 2008 Resolution which directed the Committee on
Justice to conduct an investigation, in aid of
Topic: Accountability of Public Officers legislation, on the manner of disbursements and
Facts: RA 9335 was enacted to optimize the expenditures by the Chief Justice of the
revenue-generation capability and collection of Supreme Court of the Judiciary Development
the Bureau of Internal Revenue (BIR) and the Fund (JDF). Then, former Pres. Estrada filed an
Bureau of Customs (BOC) by providing a impeachment complaint against CJ Hilario
system of rewards and sanctions through the Davide Jr. and 7 Associate Justices. The House
creation of a Rewards and Incentives Fund Committee on Justice ruled on October 13,
(Fund) and a Revenue Performance Evaluation 2003 that the first impeachment complaint was
Board (Board). ―sufficient in form, but voted to dismiss the
Petitioners contend that, by establishing a same on October 22, 2003 for being insufficient
system of rewards and incentives, the law in substance. On October 23, 2003, a second
"transforms the officials and employees of the impeachment complaint was filed against CJ
BIR and the BOC into mercenaries and bounty Davide, Jr., founded on the alleged results of
hunters" as they will do their best only in the legislative inquiry initiated by above-
consideration of such rewards. mentioned House Resolution.

Issue: Whether or not the contention of the Issue: Whether or not the second impeachment
petitioner is meritorious complaint is barred under Section 3(5) of
Article XI of the Constitution
Ruling: No. Petitioner‘s claim is not only
without any factual and legal basis; it is also Ruling: Yes. The initiation takes place by the
purely speculative. Public officers enjoy the act of the filing of the impeachment complaint
presumption of regularity in the performance of and referral to the House Committee on Justice.
their duties. R.A. 9335 operates on the basis Once an impeachment complaint has been
thereof and reinforces it by providing a system initiated in the foregoing manner, no
of rewards and sanctions with the purpose of impeachment may be filed against the same
encouraging the officials and employees of BIR official within one year pursuant to Article XI,
and BOC to exceed their revenue targets and Section 3(5) of the Constitution.
optimize their revenue-generating capability and
collection.

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Gutierrez v. House of Representatives Office of the Ombudsman v. CA

415 SCRA 44; February 15, 2011 452 SCRA 714; March 4, 2005

Topic: Impeachment- Procedure Topic: Impeachment- Impeachable Officers

Facts: On 22 July 2010, Baraquel, et al. filed an Facts: Office of the Deputy Ombudsman
impeachment complaint against Ombudsman (OMB) filed a formal complaint against then
Ma. Merceditas N. Gutierrez based on betrayal Deputy Ombudsman for the Visayas,
of public trust and culpable violation of the respondent Arturo Mojica.
Constitution. A Second Complaint was filed by
Reyes against the same respondent also based Issue: Whether or not a Deputy Ombudsman
on the same grounds. The two complaints were is an impeachable officer
referred by the House Plenary to the Committee Ruling: No. The impeachable officers
on Justice at the same time and found that the enumerated in Section 2, Article XI of the
two complaints were sufficient in form and Constitution is exclusive. Only the Ombudsman,
substance. not his deputies, is impeachable.
Petitioner maintains the ―one offense, one
complaint‖ rule stating that a complaint or
information must charge only one offense.
People v. Sandiganbayan
Issue: Whether or not an impeachment
451 SCRA 413; February 16, 2005
complaint need to allege only one impeachable
offense. Topic: Sandiganbayan
Ruling: No. An impeachment complaint need Facts: The Office of the Ombudsman filed two
not allege only one impeachable offense. The separate informations for violation of Section
Constitution allows the indictment for multiple 3(e) of RA 3019 (Anti-Graft and Corrupt
impeachment offenses, with each charge Practices Act) with the Sandiganbayan against
representing an article of impeachment, Efren Alas, in his capacity as President and
assembled in one set known as the ―Articles of Chief Operating Officer of the Philippine Postal
Impeachment.‖ Multiple complaints may be Savings Bank (PPSB). Alas argued that
considered so long as they would all be Sandiganbayan has no jurisdiction which the
simultaneously referred/endorsed to the proper latter confirmed because PPSB was a private
committee of the HR, and would lead to only corporation because it was not created by a
one impeachment proceeding. special law.
Petitioner contended that PPSB is a GOCC and
that there must be no distinction as to the
manner of its creation. Hence, Alas came under
the jurisdiction of Sandiganbayan.

Issue: Whether or not PPSB is within the


jurisdiction of Sandiganbayan.

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POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

Ruling: Yes. Sec. 2 (13) of E.O. 292 defines


GOCCs and PPSB fits the bill as the subsidiary
of the Philippine Postal Corporation Gonzales III v. Office of the President
(PHILPOST). Furthermore, Congress enacted 679 SCRA 614; September 4, 2012
R.A. 8249 which maintains the jurisdiction of
the Sandiganbayan over presidents, directors or Topic: Ombudsman
trustees, or managers of government-owned or
Facts: Petitioner Emilio Gonzales III, Deputy
controlled corporations without any distinction
Ombudsman, was dismissed by the Office of
whatsoever.
the President. Petitioner seeks to declare as
unconstitutional Section 8(2) of Republic Act
(R.A.) No. 6770 (Ombudsman Act of 1989),
Office of the Ombudsman v. Civil Service which gives the President the power to dismiss
Commission a Deputy Ombudsman of the Office of the
451 SCRA 714; February 16, 2005 Ombudsman because it is the Office of the
Ombudsman that has the constitutional
Topic: Ombudsman authority to discipline Deputy Ombudsman and
Special Prosecutors.
Facts: The Civil Service Commission issued
qualification standards for the Graft Issue: Whether or not the President has
Investigation Officer III under the Office of the constitutional or valid statutory authority to
Ombudsman. It further classified it as a Career order petitioner‘s removal as Deputy
Executive Service (CES) position, thus requiring Ombudsman
CES eligibility.
Ruling: Yes. The Ombudsman‘s administrative
Petitioner contends that the Ombudsman has disciplinary power over a Deputy Ombudsman
the appointing authority, who is specifically is not exclusive. Under Sec. 21 of R.A. 6770, the
tasked by the Constitution to choose his own President has concurrent authority with respect
qualified personnel. CSC has no authority to to the removal from office of the Deputy
review the appointments made except only to Ombudsman and Special Prosecutor.
ascertain if they met the required qualifications.

Issue: Whether or no CSC can impose such


qualifications to personnel of the Office of the QUIMBO VS GERVACIO
Ombudsman.
G.R. No. 155620 (August 9, 2005)
Ruling: No. The CSC may not classify a
position created by the Ombudsman as TOPIC: Difference of Preventive Suspension
belonging to the Career Executive Service and and Suspension as Penalty
require and appointee thereto to acquire Career
Executive Service eligibility because they are FACTS: Petitioner, Provincial Engineer of
appointed by the President. This derogates the Samar, was administratively charged for
appointing power of the Ombudsman harassment and oppression by a general

UNIVERSITY OF SANTO TOMAS | FACULTY OF CIVIL LAW | 1D 2014-2015 110


|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.
POLITICAL LAW I JUSTICE AMY LAZARO-JAVIER

foreman. During the pendency, petitioner CRUZ VS GANGAN


served his preventive suspension of two months
and seventeen days without pay. The Office of G.R. No. 143403 (January 22, 2003)
the Ombudsman found him guilty of
oppression and recommended that he be TOPIC: Accountability on Government
―suspended from office for a period of eight (8) Property
months without pay. Petitioner filed a Motion
for Reconsideration/Consideration to take into FACTS: Petitioner coming from the Regional
account the two months and seventeen days of Office of the Technological Education and
his preventive suspension without pay as part of Skills Development Authority (TESDA)
his penalty. boarded in the Light Railway Transit (LRT)
from Sen. Gil Puyat Avenue to Monumento in
ISSUE: Whether or not preventive suspension returning to her official station in Caloocan City
can be taken into account in suspension as where she was then Camanava district director
penalty. of the TESDA when her handbag was slashed
and its contents stolen by an unidentified
RULING: No, the distinction, by considering person including the government-issued cellular
the purpose aspect of the suspensions, is readily phone. Petitioner then requested relief from
cognizable as they have different ends sought to accountability of the subject property but
be achieved. Preventive suspension is merely a Commission on Audit found no sufficient
preventive measure, a preliminary step in an justification to grant the request for relief for
administrative investigation. The purpose of the accountability.
suspension order is to prevent the accused from
using his position and the powers and ISSUE: Whether or not the petitioner is
prerogatives of his office to influence potential accountable of the subject property for
witnesss or tamper records which may be vital negligence.
in the prosecution of the case against him. If
under such investigation, the charge established RULING: No. negligence on the part of the
and the person investigated is found guilty of petitioner had no factual or legal basis and was
acts warranting his suspension or removal, then therefore invalid. The records do not show that
he is suspended removed or dismissed. That is any specific act of negligence on her part. It is a
the penalty. settled rule that negligence cannot be presumed;
it has been proven. In the absence of any shred
of evidence thereof, respondents gravely abused
their discretion in finding petitioner negligent.

UNIVERSITY OF SANTO TOMAS | FACULTY OF CIVIL LAW | 1D 2014-2015 111


|JAVIER, Lloyd Danielle V.| MARTINEZ, Hennessy O. | SARANGAY, Jossa M.|ZOLINA, Jarena Ria Z.