What are the requirements under Sec. 14, Art. VIII,
of the Constitution as regards the decisions of the
courts. Would non-compliance nullify the decisions?
The requirement that the decisions of courts must be
in writing and that they must set forth clearly and
distinctly the facts and the law on which they are
based serves many functions. It is intended, among
other things, to inform the parties of the reason or
reasons for the decision so that if any of them
appeals, he can point out to the appellate court the
findings of facts or the rulings on points of law with
which he disagrees. More than that, the requirement
is an assurance to the parties that, in
reaching judgment, the judge did so through the
processes of legal reasoning. It is, thus, a safeguard
against the impetuosity of the judge, preventing him
from deciding by ipse dixit.
Compliance with this requirement will sufficiently
apprise the parties of the various issues involved but
more importantly will guide the court in assessing
whether the conclusion arrived at is consistent with
the facts and the law.
What is the Doctrine of “Operational Proximity” as
enunciated in the case of Neri v. Senate”? Discuss
thoroughly the concept of “executive privilege”.
The doctrine of "operational proximity" was laid
down to limit the scope of the presidential
communications privilege. The privilege should apply
only to communications to and from members of an
immediate advisors staff who have broad and
significant responsibility for investigation and
formulating the advice to be given the president.
Executive privilege is not a personal privilege, but one
that adheres to the Office of the President. It exists
to protect public interest, not to benefit a particular
public official. Its purpose, among others, is to assure
that the nation will receive the benefit of candid,
objective and untrammeled communication and
exchange of information between the President and
his/her advisers in the process of shaping or forming
policies and arriving at decisions in the exercise of
the functions of the Presidency under the
Constitution.
What is “Executive Session”?
Shall be held whenever a Senator so requests it and
his petition has been duly seconded, or when the
security of the state or public interest so requires.
Thereupon, the President shall order that the public
be excludedfrom the gallery and the doors of the
session hall be closed”;
What is the doctrine of “executive immunity“? Can
President Noynoy Aquino avoid possible “plunder
cases” that may be filed against him after his tenure
of office? Kindly illustrate by citing relevant
jurisprudence.
The rationale for the grant to the President of the
privilege of immunity from suit is to assure the
exercise of presidential duties and functions free
from any hindrance or distraction, considering that
being the Chief Executive of the Government is a job
that, aside from requiring all of the office-holders
time, also demands undivided attention.
In the case of Beltran v. Makasiar, this privilege of
immunity from suit, pertains to the President by
virtue of the office and may be invoked only by the
holder of the office; not by any other person in the
President’s behalf. If the possible plunder cases is
filed against President Noynoy after his term of office,
he cannot raise the presidential privilege as a defense.
The Supreme Court under Art. VIII, Sec. 5(5) of the
1987 Constitution is
mandated to promulgate rules concerning the
protection and enforcement of constitutional rights.
Kindly discuss the “extra-ordinary remedies” in law
initiated and promulgated by Former Chief Justice
Reynato Puno during his term of office, related to
“extra-judicial killings and enforced disappearances”.
Distinguish the said remedies from one another.
Reynato Puno declared the legal conception of the
Philippine Writ of Amparo and Habeas Data to solve
the extensive Philippine extrajudicial
killings and forced disappearances
The petition for a Writ of Amparo is a remedy
available to any person whose right to life, liberty and
security is violated or threatened with violation by an
unlawful act or omission of a public official or
employee, or of a private individual or entity. Writ of
Amparo will bar military officers in judicial
proceedings to issue denial answers regarding
petitions on disappearances or extrajudicial
executions, which were legally permitted in Habeas
corpus proceedings.
Habeas Data will not only compel military and
government agents to release information about
the desaparecidos but require access to military and
police files.
What is “coercive jurisdiction”? Kindly illustrate
Section 16(2), Article VI of the 1987 Constitution
provides that “a smaller number” of congressmen
(meaning less than a majority) “may adjourn from
day to day and may compel the attendance of absent
Members in such manner, and under such penalties,
as such House may provide”. This constitutional
power or coercive jurisdiction of the “smaller number”
to compel the attendance of absent members was
recognized by the Supreme Court in Avelino vs
Cuenco. Evidently, the exercise by Congress of its
power to penalize absenteeism among its members
as conferred by the Constitution may take the form
of censure, reprimand, fine or deprivation of salary
and other perks or privileges for a reasonable period.
Kindly differentiate “forbidden office” from
“incompatible office”. Discuss thoroughly with
examples.
Forbidden office is one to which a member cannot be
appointed even if he is willing to give up his seat in
the congress. An incompatible office is a post that a
member cannot accept unless he waives or forfeits
his seat in Congress.
No Senator or Member of the House of
Representatives may hold any other office or
employment in the Government, or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting
his seat. Neither shall he be appointed to any office
which may have been created or the emoluments
thereof increased during the term for which he was
elected. (Article VI, Section 13)
What are the limits to the appointing power of the
President? Discuss thoroughly.
Nepotism-The spouse and relatives by consanguinity
or affinity within the fourth civil degree of the
President shall not, during his tenure, be appointed
as Members of the Constitutional Commissions, or
the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or
offices, including government-owned or controlled
corporations and their subsidiaries.(Article VII,
Section 13(2))
Midnight appointments-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
appointments to executive positions when continued
vacancies therein will prejudice public service or
endanger public safety. (Article VII, Section 15)
What are the qualifications for appointment to the
Supreme Court? How about the lower courts?
(1) No person shall be appointed Member of the
Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty
years of age, and must have been for fifteen years or
more, a judge of a lower court or engaged in the
practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of
judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the
Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of
proven competence, integrity, probity, and
independence. (Article VIII, Section 7)
The Members of the Supreme Court and judges of
the lower courts shall be appointed by the President
from a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the
submission of the list. (Article VIII, Section 9)
Distinguish “political question” from “justiciable
question”. What is the effect of the 1987
Constitution on this matter? Explain
comprehensively with cases.
In Tanada vs. Cuenco, The term political question It
refers to those questions which under the
Constitution are to be decided by the people
on their sovereign capacity; or in regard to which full
discretionary authority has been delegated to the
legislative or executive branch
of the government.’ It is concerned with issues
dependent upon
The wisdom, not legality, of a particular measure.
In Casibang v. Aquino, A purely justiciable issue
implies a given right, legally demandable and
enforceable, an act of omission violative of such
right, and a remedy granted and sanctioned by aw,
for said breach of
right.
The political question doctrine can no longer apply as
Article VII, Section 18 of the constitution authorizes
The Supreme Court to review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas
corpus
President Digong Duterte imposed Martial Law in
Mindanao. Is the said declaration valid? What are its
effects? Why?
The implementation of martial law in Mindanao is
valid because of persisting rebellion. Proclamation No.
55, the President called out the PNP and AFP to
suppress all forms of lawless violence in Mindanao.
Under Proclamation No. 216, the President included
the suspension of the privilege of writ of habeas
corpus in the whole Mindanao. Under the
Constitution, the President can declare martial law
for an initial period of 60 days and ask for its
extension in case of rebellion, invasion or when
public safety requires it.
What is the “power of augmentation”? Explain.
Power of Augmentation is the authority given to the
president, Senate President, Speaker of the House,
Chief Justice and heads of constitutional commissions
to authorize the increase in general appropriations
for their respective offices from savings in other
items of their respective appropriations.
Distinguish the power of Congress to conduct
“investigations in aid of legislation” from “question
hour as an oversight function”. Discuss recent
applicable jurisprudence.
In investigation in aid of legislation, The Senate or the
House of Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly published rules
of procedure. The rights of persons appearing in or
affected by such inquiries shall be respected.
In question of hour,The heads of departments may
upon their own initiative, with the consent of the
President, or upon the request of either House, as
the rules of each House shall provide, appear before
and be heard by such House on any matter pertaining
to their departments.
In the case of Senate vs. Ermita, Only one official may
be exempted from this power, the President. Section
1 of EO 464 is valid. Under Section 22 of Article VI,
the appearance of department heads in the question
hour is discretionary on their part. However, Section
1 cannot be applied to appearances of department
heads in inquiries in aid of legislation. Congress is not
bound in such instances to respect the refusal of the
department head to appear in such inquiry, unless a
valid claim of privilege is subsequently made, either
by the President herself or by the Executive Secretary.
Discuss the cases of Atong Paglaum v. Comelec and
Banat v. Comelec. What new doctrines have been
laid down by the Supreme Court which affect the
Party List System in the country.
Atong Paglaum, Inc. and 51 other parties were
disqualified by the Commission on Elections in the
May 2013 party-list elections for various reasons but
primarily for not being qualified as representatives
for
marginalized or underrepresented sectors. Atong
Paglaum et al then filed a petition for certiorari
against COMELEC alleging grave abuse of discretion
on the part of COMELEC in disqualifying them.
In Banat v. Comelec, BANAT filed a Petition to
Proclaim the Full Number of Party-List
Representatives Provided by the Constitution, before
the National Board of Canvassers.BANAT filed its
petition because "the Chairman and the Members of
the COMELEC have recently been quoted in the
national papers that the COMELEC is duty bound to
and shall implement the Veterans ruling, that is,
would apply the Panganiban formula in allocating
party-list seats."
The Supreme Court now provides for new guidelines
which abandoned some principles.The new
guidelines are as follows: I. Parameters. In qualifying
party-lists, the COMELEC must use the following
parameters:
1. Three different groups may participate in the
party-list system: (1) national parties or organizations,
(2) regional parties or organizations, and (3) sectoral
parties or Organizations.
2. National parties or organizations and regional
parties or organizations do not need to organize
along sectoral lines and do not need to represent any
“marginalized and underrepresented” sector.
3. Political parties can participate in party-list
elections provided they register under the party-list
system and do not field candidates in legislative
district elections.
4. Sectoral parties or organizations may either be
“marginalized and underrepresented” or lacking in
“welldefined political constituencies.”
5. A majority of the members of sectoral parties or
organizations that represent the “marginalized and
underrepresented” must belong to the
“marginalized and underrepresented” sector they
represent.
6. National, regional, and sectoral parties or
organizations shall not be disqualified if some of their
nominees are disqualified, provided that they have at
least one nominee who remains qualified.
What is the “Doctrine of Political Qualified Agency”?
This doctrine provides that the act of the President’s
alter ego is considered as his act but only the
President may invoke Presidential immunity.
Explain the “residual powers” of the President. Is
this similar to the
“Commander-in-Chief powers” and “emergency
powers”? Please discuss each of them thoroughly
and exhaustively
Residual Power- Power of The President to exercise
such other powers as are provided for in the
Constitution. Unless Congress provides otherwise,
the President shall exercise such other powers and
functions vested in the President which are provided
for under the laws and which are not specifically
enumerated above, or which are not delegated by
the President in accordance with law.
The President shall be the Commander-in-Chief of all
armed forces of the Philippines has the following
powers:
1. He may call out the armed forces to prevent or
suppress lawless violence, invasion, or rebellion;
2. He may suspend the privilege of the writ of habeas
corpus- The suspension of the privilege of the writ of
habeas corpus applies only to persons “judicially
charged” for rebellion or offenses inherent in or
directly connected with the invasion or rebellion
3. He may proclaim martial law over the entire
Philippines oy any part thereof
Emergency Powers- The Constitution allows Congress,
by law, to grant of emergency powers to the
President. This includes the grant of the power to
issue rules and regulations to carry out a declared
national policy.
Discuss and differentiate the various forms of
“executive clemency” of the President.
1. Pardon- Relieves the offender from the
consequences of an offence of which he has been
convicted, that is, it abolishes or forgives the
punishment
2. Commutation - Remission of a part of the
punishment; a substitution of a less penalty for the
one originally imposed
3. Reprieve - A temporary suspension of execution
4. Remission of fines and forfeitures- entails noncollection of money or property lawfully adjudged
but it does not have the effect of returning property
already in the legal possession of the government or
a third person.
5. Amnesty- General pardon to rebels for their
treason and other high political offenses
What is a “sin perjuicio judgment”?
It is a judgment without a statement of the facts in
support of its
conclusion to be later supplemented by the final
judgment.
“Congress can pass a law adding residency
requirements for judges of lower courts.” True or
False? Why?
True. Article VIII Section 7(2) prescribe the
qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a
citizen of the Philippines and a member of the
Philippine Bar.
An original appeal to the Supreme Court (SC) was
filed for the declaration of unconstitutionality of a
law. Twice the SC failed to break the deadlock (7-7
voting). What is the effect? Explain and cite
examples in jurisprudence.
The appeal must be denied. In the case of Cruz vs.
Secretary of DENR, As the votes were equally divided
(7 to 7) and the necessary majority was not obtained,
the case was redeliberated upon. However, after
redeliberation, the voting remained the same.
Accordingly, pursuant to Rule 56, Section 7 of the
Rules of Civil Procedure, the petition is dismissed and
the law is declared constitutional.