Civil Liberties Union v. Executive Secretary 194 SCRA 317 FACTS: Consolidated petitions are being resolved jointly as both seek for the declaration of the unconstitutionality of Executive Order No. 284 (EO No. 284) issued by former President Corazon C. Aquino on July 25, 1987. EO No. 284 allows members of the Cabinet, their Undersecretaries and Assistant Secretaries to hold other than their government positions in addition to their primary positions ISSUE: Whether or not EO No. 284 is constitutional. HELD: The Court ruled in the negative. It has been held that in construing a Constitution should bear in mind the object sought to be accomplished by its adoption, and the evils, if any, sought to be prevented or remedied. A doubtful provision will be examined in the light of the history of the times and the condition and circumstances under which the Constitution was framed. The legislative intent of both Constitutional provisions is to prevent government officials from holding multiple positions in the government for self enrichment which is a betrayal of public trust. Pamatong v. Comelec G.R. No. 161872, April 13, 2004 FACTS: Petitioner Pamatong filed his Certificate of Candidacy (COC) for President. Respondent COMELEC declared petitioner and 35 others as nuisance candidates who could not wage a nationwide campaign and/or are not nominated by a political party or are not supported by a registered political party with a national constituency. ISSUE: Is there a constitutional right to run for or hold public office? RULING: No. What is recognized in Section 26, Article II of the Constitution is merely a privilege subject to limitations imposed by law. It neither bestows such a right nor elevates the privilege to the level of an enforceable right. There is nothing in the plain language of the provision which suggests such a thrust or justifies an interpretation of the sort. Section 26, Article II of the Constitution neither bestows a right nor elevates the privilege to the level of an enforceable right. Like the rest of the policies enumerated in Article II, the provision does not contain any judicially enforceable constitutional right but merely specifies a guideline for legislative or executive action. The disregard of this provision does not give rise to any cause of action before the courts Aquino v. Enrile, 59 SCRA 183 FACTS: The petitioners having been arrested and held pursuant to General Order No. 2 of the President (September 22, 1972), "for being participants or for having given aid and comfort in the conspiracy to seize political and state power in the country and to take over the Government by force ...", filed the petitions for habeas corpus. General Order No. 2 was issued by the President in the exercise of the powers he assumed by virtue of Proclamation No. 1081 (September 21, 1972) placing the entire country under martial law. ISSUE: Whether or not the validity of Proclamation No. 1081 is subject to judicial inquiry HELD: The duty remains to assure that the supremacy of the Constitution is upheld The power is inherent in the Judicial Department, by virtue of the doctrine of separation of powers Estarija v. Ranada, G.R. No. 159314, June 26, 2006 Facts: On August 31, 2000, the Ombudsman rendered a decision in the administrative case, finding Estarija guilty of dishonesty and grave misconduct. Estarija seasonably filed a motion for reconsideration. Estarija claimed that dismissal was unconstitutional since the Ombudsman did not have direct and immediate power to remove government officials, whether elective or appointive, who are not removable by impeachment. He maintains that under the 1987 Constitution, the Ombudsman’s administrative authority is merely recommendatory, and that Republic Act No. 6770, otherwise known as "The Ombudsman Act of 1989", is unconstitutional because it gives the Office of the Ombudsman additional powers that are not provided for in the Constitution Held: where it upheld the constitutionality of Sections 15, 21 and 25 of R.A. 6770, and ruled that the Ombudsman has the constitutional power to directly remove from governmentservice an erring public official, other than a Member of Congress or of the Judiciary Salazar v. Achacoso, 183 SCRA 145 Facts: Rosalie Tesoro of Pasay City in a sworn statement filed with the POEA, charged petitioner with illegal recruitment. Public respondent Atty. Ferdinand Marquez sent petitioner a telegram directing him to appear to the POEA regarding the complaint against him. On the same day, after knowing that petitioner had no license to operate a recruitment agency, public respondent Administrator Tomas Achacoso issued a Closure and Seizure Order No. 1205 to petitioner. Issue: Whether or Not the Philippine Overseas Employment Administration (or the Secretary of Labor) can validly issue warrants of search and seizure (or arrest) under Article 38 of the Labor Code Held: Under the new Constitution, “. . . no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized”. Mayors and prosecuting officers cannot issue warrants of seizure or arrest. The Closure and Seizure Order was based on Article 38 of the Labor Code. The Supreme Court held, “We reiterate that the Secretary of Labor, not being a judge, may no longer issue search or arrest warrants. Hence, the authorities must go through the judicial process. LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. AQUINO (G.R. No. 73748 - May 22, 1986) FACTS: 1. On February 25, 1986, President Corazon Aquino issued Proclamation No. 1 announcingthat she and Vice President Laurel were taking power. 2. On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino government assumption of power by stating that the "new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines." ISSUE: Whether or not the government of Corazon Aquino is legitimate. HELD: Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to the Realm of politics where only the people are the judge. The Court further held that: 1. The people have accepted the Aquino government which is in effective control of the Entire country; 2. It is not merely a de fact on government but in fact and law a de jure government; and 3. The community of nations has recognized the legitimacy of the new government. De Leon vs Esguerra GR 78059, Aug. 31, 1987, 153 SCRA 602 Facts: Alfredo de Leon won as barangay captain and other petitioners won as councilmen of barangay dolores, taytay, Rizal. On February 9, 1987, de leon received memo antedated December 1, 1986 signed by OIC Gov. Benhamin Esguerra, February 8, 1987, designating Florentino Magno, as new captain by authority of minister of local government and similar memo signed February 8, 1987, designated new councilmen. Issue: Whether or not designation of successors is valid. Held: No, memoranda has no legal effect. 1. Effectivity of memoranda should be based on the date when it was signed. So, February 8, 1987 and not December 1, 1986. 2. February 8, 1987, is within the prescribed period. But provisional constitution was no longer in effect then because 1987 constitution has been ratified and its transitory provision, Article XVIII, sec. 27 states that all previous constitution were suspended. 3. Constitution was ratified on February 2, 1987. Thus, it was the constitution in effect. Petitioners now acquired security of tenure until fixed term of office for barangay officials has been fixed. Barangay election act is not inconsistent with constitution. Tolentino vs COMELEC Political Law – Amendment to the Constitution FACTS: The Constitutional Convention of 1971 scheduled an advance plebiscite on the proposal to lower the voting age from 21 to 18, before the rest of the draft of the Constitution (then under revision) had been approved. Tolentino et al filed a motion to prohibit such plebiscite and the same was granted by the SC. ISSUE: Whether or not the petition will prosper. HELD: The propose amendments shall be approved by a majority of the votes cast at an election at which the amendments are submitted to the people for ratification. Election here is singular which meant that the entire constitution must be submitted for ratification at one plebiscite only. Furthermore, the people were not given a proper “frame of reference” in arriving at their decision because they had at the time no idea yet of what the rest of the revised Constitution would ultimately be and therefore would be unable to assess the proposed amendment in the light of the entire document. This is the “Doctrine of Submission” which means that all the proposed amendments to the Constitution shall be presented to the people for the ratification or rejection at the same time, NOT piecemeal.