Professional Documents
Culture Documents
2019 CL1 Syllabus
2019 CL1 Syllabus
Required Textbook
Bernas S.J., Fr. Joaquin (2011) The 1987 Philippine Constitution: A Comprehensive Reviewer,
Manila: Rex Book Store, Inc.
Bernas S.J., Fr. Joaquin (2003) The 1987 Constitution of the Republic of the Philippines: A
Commentary, Manila: Rex Book Store, Inc.
Nachura, Antonio (2015) Outline Reviewer in Political Law, Quezon City: VJ Graphil Arts, Inc.
A. COURSE DESCRIPTION
This course is a 3-unit subject covering the basic principles dealing with the structure of
the Philippine Government.
B. COURSE OBJECTIVE
By the end of the course, students should be able to master the constitutional provisions
on:
Definition
Classification
Essential Parts of the Philippine Constitution
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this respect, “[e]ach department of the government has exclusive cognizance of matters
within its jurisdiction, and is supreme within its own sphere.” Thus, “the legislature has
no authority to execute or construe the law, the executive has no authority to make or
construe the law, and the judiciary has no power to make or execute the law.” The
principle of separation of powers and its concepts of autonomy and independence stem
from the notion that the powers of government must be divided to avoid concentration of
these powers in any one branch; the division, it is hoped, would avoid any single branch
from lording its power over the other branches or the citizenry. To achieve this purpose,
the divided power must be wielded by co-equal branches of government that are equally
capable of independent action in exercising their respective mandates. Lack of
independence would result in the inability of one branch of government to check the
arbitrary or self-interest assertions of another or others.”
This principle of separation of powers under the Presidential system goes hand in hand
with the system of checks and balances, under which each department is vested by the
Fundamental Law with some powers to forestall, restrain or arrest a possible or actual misuse or
abuse of powers by the other departments. [ANNOTATION: Political or Justiciable Question,
59 SCRA 652, September 17, 1974]
Principle of Comity
St. Aviation Services Co. Pte., Ltd. v. Grand International Airways, Inc., G.R. No.
140288, October 23, 2006
“xxx In the absence of a special contract, no sovereign is bound to give effect within its
dominion to a judgment rendered by a tribunal of another country; however, under the
rules of comity, utility and convenience, nations have established a usage among
civilized states by which final judgments of foreign courts of competent jurisdiction are
reciprocally respected and rendered efficacious under certain conditions that may vary in
different countries.”
Hierarchy of Laws
1. Constitution
2. National Laws
3. International Laws
4. Administrative Rules and Regulations
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5. Ordinances
The Heirs of Mario Malabanan v. The Republic of the Philippines, G.R. No. 179987,
April 29, 2009 (See separate opinion of Justin Brion)
“xxx In light of our established hierarchy of laws, particularly the supremacy of the
Philippine Constitution, any consideration of lands of the public domain should start with
the Constitution and its Regalian doctrine; all lands belong to the State, and he who
claims ownership carries the burden of proving his claim. Next in the hierarchy is the
Public Land Act (PLA) for purposes of the terms of the grant, alienation and disposition
of the lands of the public domain, and the Property Registration Decree (PRD) for the
registration of lands. The PLA and the PRD are special laws supreme in their respective
spheres, subject only to the Constitution. The Civil Code, for its part, is the general law
on property and prescription and should be accorded respect as such. In more concrete
terms, where alienable and disposable lands of the public domain are involved, the PLA
is the primary law that should govern, and the Civil Code provisions on property and
prescription must yield in case of conflict.”
3
Doctrine of Operative Fact
League of Cities of the Philippines v. COMELEC, G.R. No. 176951, November 18,
2008
“xxx Under the operative fact doctrine, the law is recognized as unconstitutional but the
effects of the unconstitutional law, prior to its declaration of nullity, may be left
undisturbed as a matter of equity and fair play. In fact, the invocation of the operative
fact doctrine is an admission that the law is unconstitutional. The operative fact doctrine
is a rule of equity. As such, it must be applied as an exception to the general rule that an
unconstitutional law produces no effects.”
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B. Power of Eminent Domain
National Transmission Corporation v. Oroville Development Corporation, G.R. No.
223366, August 1, 2017
“xxx Eminent domain is the right or power of a sovereign state to appropriate private
property to particular uses to promote public welfare. It is an indispensable attribute of
sovereignty; a power grounded in the primary duty of government to serve the common
need and advance the general welfare.12 The power of eminent domain is inseparable
in sovereignty being essential to the existence of the State and inherent in government.
But the exercise of such right is not unlimited, for two mandatory requirements should
underlie the Government's exercise of the power of eminent domain, namely: (1) that it is
for a particular public purpose; and (2) that just compensation be paid to the property
owner.13 These requirements partake the nature of implied conditions that should be
complied with to enable the condemnor to keep the property expropriated.”
C. Power of Taxation
Mactan Cebu International Airport Authority vs. Marcos, 261 SCRA 667, September
11, 1996
“xxx As a general rule, the power to tax is an incident of sovereignty and is unlimited in
its range, acknowledging in its very nature no limits, so that security against its abuse is
to be found only in the responsibility of the legislature which imposes the tax on the
constituency who are to pay it. Nevertheless, effective limitations thereon may be
imposed by the people through their Constitutions. Our Constitution, for instance,
provides that the rule of taxation shall be uniform and equitable, and Congress shall
evolve a progressive system of taxation. So potent indeed is the power that it was once
opined that the power to tax involves the power to destroy. Verily, taxation is a
destructive power which interferes with the personal and property rights of the people
and takes from them a portion of their property for the support of the government.
Accordingly, tax statutes must be construed strictly against the government and liberally
in favor of the taxpayer. But since taxes are what we pay for civilized society, or are the
lifeblood of the nation, the law frowns against exemptions from taxation and statutes
granting tax exemptions are thus construed strictissimi juris against the taxpayer and
liberally in favor of the taxing authority. A claim of exemption from tax payments must be
clearly shown and based on language in the law too plain to be mistaken. Elsewise
stated, taxation is the rule, exemption therefrom is the exception. However, if the grantee
of the exemption is a political subdivision or instrumentality, the rigid rule of construction
does not apply because the practical effect of the exemption is merely to reduce the
amount of money that has to be handled by the government in the course of its
operations.
The power to tax is primarily vested in the Congress; however, in our jurisdiction, it may
be exercised by local legislative bodies, no longer merely by virtue of a valid delegation
as before, but pursuant to direct authority conferred by Section 5, Article X of the
Constitution. Under the latter, the exercise of the power may be subject to such
guidelines and limitations as the Congress may provide which, however, must be
consistent with the basic policy of local autonomy.”
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Immunity from Suit
Kawananakoa v. Polybank, 205 U.S. 349, 353, (1907)
“xxx Philippine jurisprudence has also accepted Holmes’ dictum to the effect that a
“sovereign is exempt from suit, not because of any formal conception or obsolete theory,
but on the logical and practical ground that there can be no legal right against the
authority that makes the law on which the right depends.”
Non-Delegation of Power
Rubi v. Provincial Board, 39 Phil. 660 (1919)
“xxx Legislative power must remain where the people have lodged it. However, there are
two exceptions to this rule: (1) by immemorial practice legislative power may be
delegated to local governments; (2) the Constitution itself might in specific instances
allow delegation of legislative power, e.g. Article VI, Sections 23(2) and 28(2).”
Power of Control
Mondano v. Silvosa, G.R. No. L-7708, May 30, 1955
“xxx Control means the power of an officer to alter or modify or nullify or set aside what a
subordinate officer had done in the performance of his duties and to substitute the
judgment of the former for that of the latter.”
Power of Supervision
Mondano v. Silvosa, G.R. No. L-7708, May 30, 1955
“xxx In administrative law, supervision means overseeing or the power or authority of an
officer to see that subordinate officers perform their duties. If the latter fail or neglect to
fulfill them the former may take such action or step as prescribed by law to make them
perform their duties.”
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act of mere supervision, not control. An officer in control lays down the rules in the doing
of an act. If they are not followed, he may, in his discretion, order the act undone or re-
done by his subordinate or he may even decide to do it himself. Supervision does not
cover such authority. The supervisor or superintendent merely sees to it that the rules
are followed, but he himself does not lay down such rules, nor does he have the
discretion to modify or replace them. If the rules are not observed, he may order the
work done or re-done but only to conform to the prescribed rules. He may not prescribe
his own manner for the doing of the act. He has no judgment on this matter except to
see to it that the rules are followed. In the opinion of the Court, Secretary Drilon did
precisely this, and no more nor less than this, and so performed an act not of control but
of mere supervision.”
Political Law
People v. Perfecto, 43 PHIL 887
Macariola v. Asuncion, AM No. 133-J, May 31, 1982
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Constitutional Law
Administrative Law
Public Corporations/Local Government Code
Law on Public Officers
Election Laws
1. Verba Legis
2. Ratio Legiset Anima
3. Utmagisvaleat quam pereat
Brief History
Malolos Constitution
1900 McKinley’s Instructions
Spooner Amendment
1902 Philippine Bill
1916 Jones Law (Philippine Autonomy Act)
Tydings-McDuffie Act (Philippine Independence Act)
1935 Constitution
Japanese Occupation Order No. 1 (Philippine Executive Commission)
1973 Constitution
Freedom Constitution
1987 Philippine Constitution
Preamble
Re: Letter of Tony Q. Valenciano, re: Holding of Religious Rituals at the Halls of Justice
Building in Quezon City, AM No. 10-4-19-SC, March 7, 2017 (Include Dissenting Opinion
of Justice Leonen)
Definition of Terms
1. Aerial Domain- refers to airspace above the land and waters of the state
2. Archipelago- body of water studded with islands
3. Archipelagic State- constituted wholly by one or more archipelagos and may include
other islands
4. Archipelagic Principle- this concept is meant that an archipelago shall be regarded as
a single unit, so that the waters around, between, and connecting the islands of the
archipelago, irrespective of their breadth and dimensions, form part of the internal waters
of the state, subject to its exclusive sovereignty.
5. Baselines-lines drawn along the low water mark of an island or group of islands, which
mark the end of the internal waters and the beginning of the territorial sea.
6. Continental Shelves-
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7. Exclusive Economic Zones- extend 200nm from the baseline.
8. Fluvial Domain- refers to water mass which includes internal waters, territorial sea,
seabed, subsoil, insular shelves, exclusive economic zone, and other submarine areas.
9. Internal waters- refer to all bodies of water located inside the baseline of the territory
including the sea, lakes, rivers, streams, etc.
10. Maritime Zones- include internal waters, the territorial sea, the contiguous
zone, the exclusive economic zone, the continental shelf, the high seas and
the Area.
11. Seabed –refers to the land that holds the sea, lying beyond the seashore, including
mineral and natural resources.
12. Straight baseline method- Straight baselines, these are drawn connecting selected
points on the coast without appreciable departure from the general shape of the coast.
13. Subsoil-refers to everything beneath the surface soil, and the seabed, including mineral,
and natural resources.
14. Terrestrial Domain- refers to land mass, which may be integrated or dismembered, or
partly bound by water or consist of one whole island.
15. Territorial sea- It is the belt of sea outwards from the baseline and up to 12 nautical
miles beyond. Regardless its width. However, that where the application of the 12-mile
rule to neighboring littoral states would result in overlapping.
16. UNCLOS- is a body of treaty rules and customary norms governing the uses of the sea,
the exploitation of its resources, and the exercise of jurisdiction over maritime regimes.
17. Contiguous zone- is an area of water not exceeding 24 nautical miles from the
baseline. It thus extend 12 nautical miles from the edge of the territorial sea.
18. Continental Shelf / Insular Shelf- refers to the seabed and subsoil of the submarine
areas adjacent to the coastal state but outside the territorial sea to a depth of 200 meters
or, beyond that limit, to where the depth allows exploitation, and the seabed and subsoil
of areas adjacent to islands.
19. High Seas- are all parts of the sea that are not included in Exclusive Economic Zone, in
the territorial sea or in the internal waters of a state, or in the archipelagic waters of an
archipelagic state.
20. Sovereignty- pertains to the exclusive legal authority of a state over its waters,
especially its internal waters and territorial seas. The state essentially has territorial
sovereignty over these waters.
21. Sovereign right- is a term used in UNCLOS to pertain to the entitlements or privileges
of a state to a defined area of a sea called the exclusive economic zone.
Sovereignty
R.A. 5446 (Sabah)
PD 1596, June 11, 1978 (Kalayaan Island Group)
R.A. 9255 or the New Baselines Law of 2009.
1982 UN Convention on the Law of the Sea
Reagan v. Commissioner, 30 SCRA 968
People v. Gozo, 53 SCRA 476
Magallona v. Ermita, 655 SCRA 476
Most Rev Pedro Arigo v. Scott Swift, GR 206510, Sept 16, 2014
The South China Sea Arbitration: Philippines v. China, July 12, 2016
The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in the West
Philippine Sea (Justice Carpio’s Ebook)
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Concept of Auto Limitation
People vs. Gozo, G.R. No. L-36409, October 26, 1973 *is the property of a state-force
due to which it has the exclusive capacity of legal self-determination and self-restriction."
Magallona, et. al. vs. Ermita, G.R. No. 187167, August 16, 2011
Archipelagic Doctrine
Magallona, et. al. vs. Ermita, G.R. No. 187167, August 16, 2011
Definition of Terms
1. State- state refers to a community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external control, and possessing
an organized government to which the great body of inhabitants render habitual
2. People- A community of persons sufficient in number and capable of maintaining the
continued existence of the community and held together by a common bond of law.
3. Territory- is the fixed portion of the surface of the earth inhabited by the people of the
state.
4. Sovereignty- The supreme and uncontrollable power inherent in a State by which that
State is governed.
5. Legal Sovereignty- is the supreme power to affect legal interests either by legislative,
executive or judicial action. This is lodged in the people but is normally exercised by
state agencies.
6. Political Sovereignty- sum total of all the influences of a State, legal and non-legal
which determine the course of law.
7. Imperium- This is the authority possessed by the State embraced in the concept of
sovereignty.
8. Dominium- Capacity of the State to own property.
9. Jurisdiction- is the manifestation of sovereignty. The jurisdiction of the state is
understood as both its authority and the sphere of the exercise of that authority.
10. Government- That institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which are necessary to
enable men to live in a social state, or which are impose upon the people forming that
society by those who possess the power or authority of prescribing them.
11. Administration- consists of the set of people currently running the institution.
12. Governmental (Constituent)- are the compulsory functions which constitute the
very bonds of society.
13. Proprietary (Ministerial)—optional functions of the government for achieving a
better life for the community.
14. De Jure Government- one established by authority of the legitimate sovereign.
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15. De Facto Government- one established in defiance of the legitimate sovereign.
16. Presidential government- form of government’s identifying feature is what is
called the “separation of powers.
17. Republic- is a representative government run by the people and for the people.
18. Republican state- is a state wherein all government authority emanates from the
people and is exercised by representatives chosen by the people.
19. Democratic State- In the view of the new Constitution, the Philippines is not only
a representative or republican state but also shares some aspects of direct democracy
such as “initiative and referendum”. The word democratic is also a monument to the
February Revolution which re- won freedom through direct action of the people.
20. Constitutional authoritarianism- as understood and practiced in the Marcos
regime under the 1973 Constitution, was the assumption of extraordinary powers by the
President, including legislative and judicial and even constituent powers.
21. Doctrine of Incorporation- Every state is, by reason of its membership in the
family of nations, bound by the generally accepted principles of international law,
which are considered to be automatically part of its own laws.
22. International Law- deals with the conduct of states and of international
organizations and with their relations inter se, as well as with some other relations with
persons, natural or juridical.
23. Family- means a stable heterosexual relationship. The family is not a creature of
the State.
Functions of Government
Bacani v. NACOCO, 100 PHIL 468 (1956)
ACCFA v. CUGCO, 30 SCRA 649 (1969)
PVTA v. CIR, 65 SCRA 416 (1975)
PHHC v Court of Industrial Relations, 150 SCRA 296
Spouses Fontanilla v. Hon. Maliaman, GR Nos. 55963, February 27, 1991
VFP v. Reyes, 483 SCRA 526 (2006)
Ramiscal v. Sandiganbayan, 499 SCRA 375 (2006)
Alzaga v. Sandiganbayan, 505 SCRA 848 (2006)
Javier v. Sandiganbayan, 599 SCRA 324 (2009)
MIAA v. CA, 495 SCRA 591 (2006)
Philippine Society v. COA, 534 SCRA 112 (2007)
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Serana v. Sandiganbayan, 542 SCRA 224 (2008)
Shipside Inc v. CA, GR 143377, Feb 20, 2001
PVTA v. CIR, GR L-32052, July 25, 1975
Rosas v. Montor GR 204105, October 14, 2015
People v. Perfecto, 43 Phil 887
Vilas v. City of Manila, 229 US 345
Laurel v. Misa, 77 Phil 856
Sovereignty
People v. Gozo, 53 SCRA 476 (1973)
Tanada v. Angara, 272 SCRA 18
Soft Law
Pharmaceutical v. DOH, GR 173034, October 9, 2007
Article 2, UN Charter
Doctrine of Incorporation
Doctrine of Transformation
12
SOJ v. Lantion, GR 139465 *In the Philippines, statutes and treaties may be invalidated
if they conflict with the Constitution.
Philip Morris v. CA, GR 91332, July 16, 1993 *While international law is made part of the
law of the land, it does not imply primacy of international law over national law.
Vinuya v. ES, GR 162230
Saguisag v. ES, GR 212426
Bayan v. DND Sec. Gazmin, GR 212444
13
Imbong v. Ochoa, GR 204819, April 8, 2014: The RH Law does not violate the right of an
unborn child as guaranteed in S12, A2. The question of when life begins is a scientific
and medical issue that should not be decided without proper hearing and evidence. The
framers of the Constitution intended “conception” as “fertilization” and protection is given
upon “fertilization.” Not all contraceptives are ban. Only those that kill or destroy the
fertilized ovum are prohibited. The intent of the framers was to prevent the Legislature
from passing a measure that would allow abortion. The IRR redefinition of abortifacient
in S4a of the RH Law is violative of S12, A2. S7 of the RH Law which excludes parental
consent in cases where a minor undergoing a procedure is already a parent or has had
a miscarriage is anti-family and is violative of S12, A2.
Orceo v. COMELEC, GR 190779, March 26, 2010
Section 17. Education, Science and Technology, Arts, Culture and Sports
Guingona v. Carague
Philconsa v. Enriquez: S5, Art14 which provides for the highest budgetary priority to
education is merely directory.
14
Pharmaceuticals v. Duque, Oct 9, 2007: Free enterprise does not call for the removal of
protective regulations.
Executive Privilege
Neri v. Senate, GR 180643, March 25, 2008
Wilson P. Garcia v. Finance Secretary Teves
Briccio Pollo v. Chairperson Karina David, GR 181881
Philippine Savings Bank and Pascual Garcia III v. Senate Impeachment Court, GR
200238, Feb 9, 2012
In Re: Production of Court Records, 14 February 2012
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a) Initiative and referendum
4. The President under a martial law rule or in a revolutionary government
Exception:
1. Delegation to local governments and administrative bodies
2. Grant of Quasi-Legislative Power; In general: LGU and Administrative Bodies
Rubi v.Provincial Board of Mindoro 39 Phil. 660
Antipolo Realty Corp. v. NHA 153 SCRA 399
PITC v. Angales, GR 108461
Atitiw v. Zamora 471 SCRA 329
SEC v. Interport 567 SCRA 354
3. In instances allowed by the Constitution, e,g., Article VI, Section 23(2) and 28(2)
Valid delegation
Requisite of a valid delegation
Agustin v. Edu 88 SCRA 1
Free Telephone Workers v. Min. of Labor 108 SCRA 757
Guingona v. Carague 196 SCRA 221
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Undue Delegation of Legislative Power
People v. Vera, 65 PHIL 56
US v. Barrias, 11 SCRA 327 (1908)
US v. Panlilio, 28 PHIL 608 (1914)
People v. Maceren, 79 SCRA 450 (1977)
People v. Dacuycuy, 173 SCRA 90 (1989)
Cebu Oxygen v. Drilon, 176 SCRA 24 (1989)
Ynot v. IAC, 148 SCRA 659 (1987)
Pharmaceutical v. DOH (2007)
Abakada v. Purisima
Philippine Coconut v. Republic, GR 178193, January 24, 2012
Executive Misapplication
Tatad v. Secretary DOE, 281 SCRA 330 (1997) and MR 282 SCRA 337 (1997)
Mere Directive
Dagan v. PRC, 578 SCRA 585 (2009)
PDAF Case
Dap Case
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ABC v. COMELEC, GR. No. 193256, March 22, 2011
Abang Lingkod Party-List v. COMELEC, G.R. No. 206952, October 22, 2013
Cocofed-Philippine Coconut Producers Federation, Inc. v. COMELEC, G.R. No. 207026,
August 6, 2013
Milagros Amores v. HRET, G.R. No. 189600, June 29, 2010
Rules on Apportionment
(1) In accordance with the number of their respective inhabitants and on the basis
of a uniform and progressive ratio
(4) Following the return of every census, Congress shall make a reapportionment
Citizenship
Bengzon v. Cruz, GR 142840, May 7, 2001
Additional Qualifications
Maquera v. Borra, 15 SCRA 7
Social Justice Society v. Dangerous Drugs Board, GR No. 157870, November 3, 2008
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Dimaporo v. Mitra, 202 SCRA 779
Farinas v. Executive Secretary, GR 147387 (Dec. 10, 2003)
Quinto v. COMELEC, GR No. 189698, December 1, 2009
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Duty to Keep Journals and Records
US v. Pons – 34 Phil. 729 [1916]
Casco Phil. Commercial Co. v. Gimenez - 7 SCRA 347 [1963]
Morales v. Subido – 27 SCRA 131 [1969]
Astorga v. Villegas – 56 SCRA 714 [1974]
Phil. Judges Assn. v. Prado -227 SCRA 703
Abakada v. Ermita 469 SCRA 1
Pre-proclamation controversy
Chavez v. COMELEC – 211 SCRA 315 [1991]
Composition
Abbas v. SET – 166 SCRA 651 [1988]
Pimentel v. HRET – GR 141489, November 29, 2002
Independence
Bondoc v. Pineda – 201 SCRA 792 [1991]
Action/Decision
Robles v. HRET – 181 SCRA 780 [1990]
Arroyo v. HRET – 246 SCRA 384 [1995]
Lerias v. HRET – 202 SCRA 808 [1991]
Sandoval v. HRET – GR 149380, July 3, 2002
Lokin v. COMELEC – GR 179431-32
Sema v. HRET – GR 190734, March 26, 2010
Duenas v. HRET 593 SCRA 316 [2010]
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Section 18. Commission on Appointments
Daza v. Singson, 180 SCRA 496 (1989)
Coseteng v. Mitra, 187 SCRA 377 (1990)
Guingona v. Gonzales, 214 SCRA 789 (1992); MR, 219 SCRA 326 (1993)
Drilon, et al v. Speaker, GR No. 180055, July 31, 2009
Section 19. Constitutions of the Electoral Tribunal and the Commission on Appointments
Power of Inquiry
Senate v. Ermita- 488 SCRA 1 [2006]
Gudani v. Senga- 498 SCRA 671 [2006]
Remoro v. Estrada, G.R. NO. 174105, April 2, 2009
Neri v. Senate Committee on Accountability of Public Officers and Investigations, G.R.
No. 180643, March 25, 2008
Garcillano vs. House of Representatives, G.R. No. 170338, December 23, 2--8
Requisites
Bengzon v. Senate Blue Ribbon Committee- 203 SCRA 767
1. In aid of legislation
Standard v. Senate- 541 SCRA 456 [2007]
De la Paz v. Senate- 579 SCRA 521 [2009]
Romero v. Estrada- 583 SCRA 396 [2009]
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SANLAKAS v. Executive Secretary, 421 SCRA 656 [2004]
Ampatuan v. Hon. DILG Sec. Puno, GR 190259, June 7, 2011
Prohibition of Increase
Prohibition on “riders” in appropriation bills
Garcia v. Mata- 65 SCRA [1975]
Atitiw v. Zamora, GR 143374, Sept. 30, 2005
Farinas v. Executive Secretary, GR 147387, Dec. 10, 2003
Transfer of Funds
Demetria v. Alba- 148 SCRA 208 [1987]
Liga v. COMELEC- 232 SCRA 219 [1994]
Nazareth v. Villar, G.R. No. 188635, 29 January 2013, 689 SCRA 385
Pichay v. Office of the Deputy Executive Secretary, G.R. No. 196425, 24 July 2012, 677
SCRA 408
Philconsa v. Enriquez- 235 SCRA 506
Sanchez v. COA- 552 SCRA 471
22
BANAT v. COMELEC- 595 SCR 477 [2009]
Datu Michael Abas Kida v. Senate of the Philippines, GR 196271, 18 October 2011
Abas Kida v. Senate of the Philippines, G.R. No. 196271, October 18, 2011
Passage of Bills
Arroyo v. De Venecia, 277 SCRA 268 [1997]
Abakada v. Ermita- 469 SCRA 1
Presidential Veto
CIR vs. CTA- 185 SCRA 329 [1990]
Gonzales v. Macaraig- 191 SCRA 452 [1990]
Bengzon v. Drilon- 208 SCRA 133 [1992]
Philconsa v. Enriquez- 235 SCRA 506 [1994]
Bolinao Electronics v. Valencia, 11 SCRA 486 (1964)
Tanada v. Tuvera, 146 SCRA 446 (1986)
Progressive System
Delegated Tax Legislation
Southern Cross Cement v. Phil. Cement, GR 158540, July 8, 2004
Abakada v. Ermita- 469 SCRA 1 [2005]
Spouses Constantino v. Cuisia, GR 106064, Oct. 13. 2005
Exemptions
Abra Valley College v. Aquino- 162 SCRA 106 [1988]
Bayan v. Zamora, GR 138570, October 10,2000
Republic v. City of Kidapawan- 477 SCRA 324 [2005]
John Hay People’s Alternative Coalition v. Lim, GR 119775, Oct. 24, 2003
Lung Center v. QC, GR 144104, June 29, 2004
Garcia v. Executive Secretary, GR 101273, July 3, 1992
Lladoc v. CIR, 14 SCRA 292
Central Mindanao University v. DAR, GR 100091, October 22, 1992
Commissioner v. CA, GR 124043, October 14, 1998
Systems Plus Computer College v. Caloocan City, GR No. 146382, August 7, 2003
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Fiscal Powers of Congress
Pascual v. Secretary of Public Works- 110 PHIL. 331 [1960-1961]
MIAA v. Mabunay- GR 126151, January 20, 2000
Guingona v. Carague- 169 SCRA 221 [1991]
COMELEC v. Hon. Quijano- GR 151992, September 18, 2002
Special Funds
Gaston v. Republic Planters Bank- 158 SCRA 626 [1988]
Osmena v. Orbos- 220 SCRA 703 [1993]
Philippine Coconut v. Republic- 663 SCRA 514 [2012]
Impoundment
Araullo v. Aquino III, GR No. 209287 (2014)
Scope of Power
Marcos v. Manglapus- 177 SCRA 668 [1989]
Villena v Secretary of Interior 67 Phil 451, 456 (1939)
Example of exercise
Valid Exercise
Philconsa v. Enriquez- 235 SCRA 506 [1994]
Webb v. de Leon- 247 SCRA 652
Djumantan v. Domingo- 240 SCRA 746 [1995]
Chavez v. PCGG- GR 130716, December 9, 1998
Pontejos v. Ombudsman- 483 SCRA 83 [2006]
Banda v. Ermita- 618 SCRA 499 [2010]
Invalid Exercise
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Laurel v. Garcia- 187 SCRA 797 [1990]
Review Center v. Ermita- 583 SCRA 42 [2009]
Biraogo v. Truth Commission- 637 SCRA 78 [2010]
Executive Privilege
US v. Nixon- 418 US 683 [1974]
Almonte v .Vasquez- 244 SCRA 286 [1995]
Senate v. Ermita- GR 169659, April 20, 2006 [E.O. 464]
Neri v. Senate- GR 180643, March 25, 2008
Akbayan v. Aquino- GR 170516, July 16, 2008
The Cabinet
Constantino v. Cuisia- 472 SCRA 505 [2005]
25
Pimentel v. Joint Canvassing Committee, June 22, 2004
Fernando Poe, Jr. v. Arroyo, PET Case No. 002, March 29, 2005
Legarda v. De Castro, PET Case No. 003, March 31, 2005
Section 5. Oath
Section 10. Vacancies in Both the Presidency and the Vice Presidency
Other Prohibitions
Doromal v. Sandiganbayan- 177 SCRA 354 [1989]
Espiritu v. Del Rosario, GR. No. 204964, 738 SCRA 464, 2014
26
Roxas v. Lopez 17 SCRA 756
Bermudez v. Exec, Secretary- GR 131429 [August 4, 1999]
Datu Michael Abas Kida v. Senate of the Philippines, reconsideration, GR 196271,
February 2012
27
Malaria Employees v. Executive Secretary, GR No. 160093, July 31, 2007
Orosa v. Roa, GR No. 14047, July 14, 2006
Phillips Seafood v. BOI, GR No. 175787, February 4, 2009
Biraogo v. Truth Commission, GR No. 192935, December 7, 2010
Angeles v. Gaite- 605 SCRA 409 [2009]
Boy Scouts of the Philippines v. Commission on Audit, GR 177131, 07 June 2011
Power of Supervision
Drilon v. Lim- 235 SCRA 135 [1994]
28
Garcia v. COA 226 SCRA 356 [1993]
Sabello v. Department of Education, GR No. 87687, December 26, 1989
People v. Salle, Jr GR No. 103567, December 4, 1995
Garcia v. COA, 226 SCRA 356, 1993
Echegaray v. Sec. of Justice, GR No. 132601, Jan 19, 1999
Limits
Manila Electric Co. v. Pasay Transit Co. 57 Phil. 60 [1932-1933]
Noblejas v. Teehankee – 23 SCRA 405 [1968]
Erdito Quarto v. Honorable Ombudsman Simeon Marcelo, et al., GR 169042, 05 October
2011
29
Grave Abuse of Discretion
PCGG v. Desierto, GR 132120 , Feb. 10, 2003
Estipona v. Lobrigo, G.R. No. 226679, August 15, 2017
Domingo v. Scheer – 421 SCRA 468 [2004]
Presidential Ad Hoc v. Desierto – 548 SCRA 295 [2008]
Reyes v. Belisario – 596 SCRA 31 [2009]
Eloisa L. Tolentino v. Atty. Roy M. Loyola, et al., GR 153809, 27 July 2011
Advisory Opinions
Channie Tan v. Republic, 107 PHIL 632
Santiago, Jr v. Bautista, 32 SCRA 188
Felipe v. Leuterio, 91 PHIL 482
Director of Prisons v. Ang Cho Kio – 33 SCRA 494 [1970]
Justiciable Controversy
Angara v. Electoral Commission, 63 Phil 134
US v. Nixon- 418 US 683 [1974]
Marcos v. Manglapus – 177 SCRA 668 [1989]
Daza v, Singson – 180 SCRA 496 [1989]
Garcia v. BOI – 191 SCRA 288 [1990]
Djumantan v. Domingo – 240 SCRA 746 [1995]
Mariano v. COMELEC – 242 SCRA 211 [1995]
PPI v COMELEC -224 SCRA 272
SBMA v. COMELEC – 262 SCRA 492 [1996]
Tanada v. Angara – 272 SCRA 18 [1997]
Arroyo v. De Venecia -277 SCRA 268 [1997]
CIR v. Santos – 277 SCRA 617 [1997]
Garcia-Rueda v. Pascasio – 278 SCRA 769[1997]
Defensor-Santiago v. Guingona, GR 134577, November 18, 1997
Tatad v. DOE – 281 SCRA 330 [1997]
Telecom v. COMELEC - 289 SCRA 337 [1998]
Miranda v. Aguirre – GR 133064, September 16, 1999
Cutaran v. DENR – 350 SCRA 697 [2001]
Estrada v. Desierto – GR 146740-15, March 2, 2001 and MR April 3, 2001
Cawaling v. COMELEC – GR 146319, October 23, 2001
Montesclaros v. COMELEC – GR 152295, July 9, 2002
John Hay Peoples Alternative Coalition v. Lim, GR 119775, October 24, 2003
Velarde v. Social Justice Society, GR 159357, April 28, 2004
Panganiban v. Philippine Shell, GR 131471, Jan. 22, 2003
30
Macasiano v. NHA – 224 SCRA 236 [1993]
Tano v. Socrates – 278 SCRA 154 [1997]
31
Administrative Agencies; No Power
Serrano v. Gallant – 582 SCRA 254 [2009]
Second: Standing
Legislators and Government Officials
Gonzales v. Macaraig, Jr.- 191 SCRA 452 [1990]
Philconsa v. Enriquez- 235 SCRA 506 [1994]
Del Mar v. PAGCOR, GR 138298, November 29, 2000
Sandoval v. PAGCOR- GR 138982, November 29, 2000
Jaworski v. PAGCOR- 419 SCRA 420
SANLAKAS v. Executive Secretary, GR 159085, Feb. 3, 2004
Farinas v. Executive Secretary, GR 147387, Dec. 10, 2003
Province of Batangas v. Romulo- 429 SCRA 736 [2004]
Disomangcop v. Datumanong-444 SCRA 203 [2004]
CHR- employees v. CHR- 444 SCRA 300 [2004]
Pimentel v. Executive Secretary- 462 SCRA 622
Pimentel v. Ermita- 495 SCRA 170 [2006]
Prov. Of North Cotabato v. GRP Peace Panel- 564 SCRA 402 [2008]
Concepcion v. COMELEC- 591 SCRA 420 [2009]
Drilon v. De Venecia- 594 SCRA 749 [2009]
Biraogo v. PTC- 637 SCRA 78 [2010]
Taxpayers
Pascual v. Secretary of Public Works- 110 PHIL 331 [1960-1961]
Gonzales v. Marcos- 65 SCRA 624 [1975]
Gonzales v. Narvasa, GR 140835, August 14, 2000
Information Technology Foundation v. Comelec, GR 159131, Jan. 13 2004.
Sanlakas v. Executive Secretary- 421 SCRA 656 [2004]
Velarde v. SJS- 428 SCRA 283 [2004]
Brillantes v. COMELEC- 432 SCRA 269 [2004]
Domingo v. Carague- 456 SCRA 450
Republic v. Nolasco- 457 SCRA 400
32
Constantino v. Cuisia- 472 SCRA 305
Abaya v. Ebdane- 515 SCRA 720 [2007]
Planters v. Fertiphil- 548 SCRA 485 [2008]
Roque v. COMELEC- 599 SCRA 62 [2009]
Mamba v. Lara, GR 165109, December 14, 2009
De la Llana v. Chairperson, COA- 665 SCRA 176 [2012]
Galicto v. Aquino-667 SCRA 150 [2012]
Initiatives for Dialogue v. PSALM- 682 SCRA 602 [2012]
33
Garcillano v. House- GR 170338, Dec. 23,2008
White Light v. City of Manila- 576 SCRA 416 [2009]
Chamber of Real Estete v. Romulo- 614 SCRA 605 [2010]
Chamber of Real Estate v. ERC- 624 SCRA 556 [2010]
Southern Hemisphere v. ATC- 632 SCRA 146 [2010]
Orlando A. Reyes v. City of Manila, GR 196063, 14 December 2011.
Jelbert B. Galicto v. H.E. President Benigno Simeon C. Aquino, III, GR 193978, 28
February 2012.
Bayan v. Romulo- 641 SCRA 244 [2011]
Magallona v. Ermita- 655 SCRA 476 [2011]
Other Rules: Raise at Earliest Opportunity and Constitutionality is the Very Lis Mota
People v. Vera- 65 PHIL. 56 [1937-1938]
Mirasol v. CA- 351 SCRA 44 [2001]
Matibag v. Benipayo- 380 SCRA 49 [2002]
Estarja v. Ranada- 492 SCRA 652 [2006]
Moldex v. HLURB- 525 SCRA 198 [2007]
Gobenciong v. CA- 550 SCRA 502 [2008]
Heirs v. Marasigan- 548 SCRA 409 [2008]
Abakada v. Purisima- 562 SCRA 251 [2008]
ABS- CBN v. Phil. Multi-Media- 576 SCRA 262 [2009]
CSC v. Andal- 608 SCRA 370 [2009]
BPI v. Shemberg- 628 SCRA 70 [2010]
Macalintal v. PET- 635 SCRA 783 [2010]
Sergio I. Carbonilla, et al. v. Board of Airlines Representatives, GR 193247,
Office of the President v. Board of Airlines Representatives GR 194276, 14 September
2011
Reiterating Moldex v. HLURB
Hacienda Luisita v. PARC, GR 171101, November 22, 2011
Sana v. CESB, GR 192926, November 15, 2011
Gamboa v. Teves- 652 SCRA 690 [2011]
Moot Cases
David v. Arroyo, 489 SCRA 162 (2006)
Suplico v. NEDA, GR 178830, July 14, 2008
Mattel Inc. v. Francisco, GR No. 166886, July 30, 2008
Araullo, et al v. Aquino, et al, GR No. 209287, July 1, 2014 (p. 22)
34
Garcia v. Corona, GR 132451, Dec. 17, 1999
Admission to the Practice of Law, the Integrated Bar, Disciplinary Powers, and Legal
Assistance to the Underprivileged
In re Cunanan- 94 PHIL. 534 [953-1954]
Javellana v. DILG 212 SCRA 475 [1992]
Velez v. De Vera- A.C. No. 6697, July 25, 2006
In re letter of UP Law Faculty- 644 SCRA 543 [2011]
Limits of Power
35
Simplified and Inexpensive Procedure for Speedy Disposition
Uniform for All Courts of the Same Grade
Not diminish, increase, or modify substantive rights
Bustos v. Lucero- 81 PHIL. 648 [1948]
PNB v. Asuncion- 80 SCRA 321 [1977]
Fabian v. Desierto, GR 129742, September 16, 1998
People v. Lacson- 400 SCRA 267 [2003]
Planters v. Fertiphil- 426 SCRA 414 [2004]
Tan v. Bausch- 478 SCRA 115 [2005]
Republic v. Gingoyon- 478 SCRA 474 [2005]
Camp John Hay v. BIR- GR 172457, December 24, 2008
36
Nitafan v. CIR- 152 SCRA 284 [1987]
Sec. 14. Contents of Decision; Petition for Review; Motion for Reconsideration
Decision expressing clearly and distinctly the facts and the law on which it is based
Sufficient
Air France v. Carrascoso- 18 SCRA 155 [1966]
People v. Bravo- 227 SCRA 285 [1993]
Hernandez v. CA- 208 SCRA 429 [1993]
Francisco v. Permskul- 173 SCRA 324 [1989]
People v. Landicho- 285 SCRA 1 [1996]
People v. Co- 245 SCRA 733 [1995]
People v. Macoy- 275 SCRA 1 [1997]
ABD v. NLRC- 286 SCRA 454 [1998]
People v. Gastador, GR 123727 [April 14, 1999]
People v. Ordonez, GR 136591, July 10, 2000
People v. Orbita, GR 1365891, July 11, 2002
Lorbes v. CA, 351 SCRA 716
People v. Mendoza, GR 143702, Sept. 13, 2001
Asia Traders v. CA- 423 SCRA 114 [2004]
Tichangco v. Enriquez- 433 SCRA 324 [2004]
Ceferina Lopez Tan v. Spouses Antazo, GR 187208, 23 February 2011.
Donnina C. Halley v. Printwell, Inc. GR 157549, 30 May 2011.
Hon. Waldo Q. Flores v. Atty. Antonio F. Montemayor, GR 17046, 8 June 2011
Reiting Solid Homes v. Laserna. Art VIII, Section 14 applies only to the judiciary)
Insufficient
People v. Escober- 157 SCRA 541 [1988]
Nicos v. CA – 206 SCRA 127 [1992]
People v. Viernas – 262 SCRA 641 [1996]
People v. Bugarin – 273 SCRA 384 [1997]
People v. Nadera – 342 SCRA 490 [2000]
Madrid v. CA, GR 130683, May 31 2000
Yao v. CA, GR 132428, October 24, 2000
People v. Dumaging, GR 135516, September 20, 2000
Ong Chiu Kwan, GR 13006, November 23, 2000
37
Spouse Yu Eng Cho v. Pan America World Airways, Inc., GR 123560, March 27, 2000
Kao v. C.A., G.R. No. 105014, December 18,2001
People v. Pastor, 379 SCRA 181 (2002)
People v. Lizada, GR 143468, Jan 24, 2003
Consing v. CA-425 SCRA 192 [2004]
Velarde v. SJS-428 SCRA 283 [2004]
Report on the Judicial Audit (MTC of Tambulig)- 472 SCRA 419 [2005]
Lacurom v. Tienzo- 535 SCRA 252 [2007]
Salazar v. Marigomen- 537 SCRA 25 [2007]
De la Pena v. CA- 579 SCRA 396 [2009]
Office of the President and Presidential Anti- Graft Commission v. Calixto R. Cataquiz,
GR 183445, 14 September 2011.
Republic of the Philippines (University of the Philippines) v. Legaspi, GR 177611, 18 April
2012
Legal basis must be stated if a petition for review or motion for reconsideration of a
decision shall be refused due course or denied
Borromeo v. CA- 186 SCRA 1 [1990]
JRB Realty v. CA-271 SCRA 229 [1997]
Komatsu v. CA-289 SCRA 604 [1998]
Martinez v. CA, GR 123547, May 21, 2001
Protacio v. Laya-582 SCRA 417 [2009]
Nationwide Security and Allied Services, Inc. v. Ronald P. Valderama, GR 186614, 23
February 2011. Reiterating Philippine Health care Providers, Inc. v. CIR.
Re: Verified Complaint of Engr. Oscar L. Ongjoco, A.M. OCA IPI No. 11-184-CA-J, 31
January 2012.
Agoy v. Araneta Center, GR 196358, 21 March 2012. Reiterating Borromeo v. CA
Supplemnent:
Sibayan-Joaquin v. Judge Javellana, A.M. No. RTJ-00-1601, Nov. 13,2001
38
Article IX: Constitutional Commissions
A. Common Provisions
Section 3. Salary
39
Section 1. Composition; Qualifications; Term
Gaminde v. COA –347 SCRA 655 (2000)
Mathay Jr. v. CA, GR No. 124374, December 15, 1999
PARAGRAPH 2
Classifications and Appointments
HIGC v. CSC – 220 SCRA 148 [1993]
Mauna v. CSC – 232 SCRA 388 [1994]
Rimonte v. CSC – 244 SCRA 498 [1995]
Gloria v. De Guzman – 249 SCRA 126 [1995]
Atty. Ellas Omar A Sana v. Career Executive Service Board, GR 192926, 15 November
2011
Competitive
Samson v. CA – 145 SCRA 654[1986]
Non-Competitive
Astraquillo v. Mangalupas – 190 SCRA 280 [1990]
Office of the President v. Buenaobra – 501 SCRA 302
Policy-Determining
Primarily Confidential
Borres v. CA – 153 SCRA 120 [1987]
Grino v. CSC – 194 SCRA 458 [1991]
Santos v. Macaraig – 208 SCRA 74 [1992]
Hilario v. CSC – 243 SCRA 206 [1995]
Rosete v. CA – 264 SCRA 147 [1996]
CSC v. Salas – 274 SCRA 414 [1997]
Acahacoso v. Macaraig – 195 SCRA 235 [1991]
40
Felix v. Buenaseda – 240 SCRA 139 [1995] (par.2)
Pamantasan ng Maynila v. CSC – 241 SCRA 503 [1995]
Province of the Camarines Sur v. CA – 246 SCRA 231 [1995]
PEZA v. Mercado – 614 SCRA 683 [2010]
CSC v. CA – 635 SCRA 749 [2010]
Permanent
Luego v. CSC – 143 SCRA 327 [1986]
Pangilinan v. Maglaya – 225 SCRA 511 [1993] (par.2)
Reorganization
Santiago v. CSC – 178 SCRA 733 [1989]
Montecillo v. Civil Service Commission, GR NO. 131954. June 28, 2001
Gatmaitan v. Gonzales – 492 SCRA 591
Nieves v. Blanco – 673 SCRA 638 [2012]
1. Loss confidence
Hernandez v. Villegas – 14 SCRA 544 [1965]
2. Abolition of Office
Briones v. Osmena – 104 PHIL. 588 [1958]
Eugene v. CSC – 243 SCRA 196 [1995]
3. Reorganization
Romualdez-Yap v. CSC – 225 SCRA 285 [1993]
Fernandez v. Sto Tomas – 242 SCRA 192 [1995]
Chato v. Natividad – 244 SCRA 787 [1995]
Divinagracia v. Sto. Tomas – 244 SCRA 595 [1995] (par.3)
Vinzon-Chato v. Zenarosa, GR 120539, October 20, 2000
De Guzman v. Comelec, GR 129118, July 19, 2000
Cuevas v. Bacal, GR 139382, December 6, 2000
41
Philippine Charity Sweepstakes Office Board Of Directors v. Marie Jean C. Lapid, GR
191940, 12 April 2011
Security of Tenure
Chua v. CSC – 206 SCRA 65 [1992]
NLTD v. CSC – 221 SCRA 145
Cabagnot v. CSC – 223 SCRA 59 (
Marohombsar v. CA, GR 126481, February 18, 2000
Ong v. OP – 664 SCRA 413 [2012]
Temporary Employees
Gloria v. CA, GR 119903, August 15, 2000
42
Doctrine of Finality – Refers to a rule that a court will not judicially review an
administrative agency’s action until it is final.
C. Commission on Elections
Administrative Power
Alfiado v. Comelec, GR 141787, September 18, 2000
Columbres v. Comelec, GR 142038,September 18, 2000
Sahali v. Comelec, GR 134169, February 2, 2000
Claudio v. Comelec, GR 140560, May 4, 2000
De Guzman v. Comelec, GR 129118, July 19, 2000
Social Weather Station, Inc v. COMELEC, GR NO. 147571, May 5, 2001
Information Technology Foundation v. Comelec, GR 159139, Jan 13, 2004
Buac v. Comelec, 421 SCRA 92
Capalla v. COMELEC – 673 SCRA 1 [2012]
43
Election Contests
Flores v. COMELEC – 184 SCRA 484 [1990]
Galido v. COMELEC – 193 SCRA 78 [1991]
Mercado v. BES – 243 SCRA 422 [1995]
Relampagos v. Cumba – 243 SCRA 690 [1995]
People v. Delgado – 189 SCRA 715 [1990]
Garces v. CA – 259 SCRA 99 [1996]
Zarate v. Comelec and Lallave – GR 129096, November 19, 1999
Regalado v. CA, GR 115962, February 15, 2000
Faelnar v. People,GR 140850-51, May 4, 2000
Tan v. Comelec, GR 148575, Dec. 10, 2003
Alauya v. Comelec, GR 158830, August 10, 2004
Recommendatory Powers
Section 3. Decisions
Pangilinan v. COMELEC – 228 SCRA 36[1993]
Sarmiento v. Comelec – 212 SCRA 307[1992]
Carnicosa v. COMELEC – 282 SCRA 512[1997]
Ramas v. COMELEC – 286 SCRA 189[1998]
Garvida v. Sales – 271 SCRA 767[1997]
Velayo v. Comelec, GR 135613, March 9, 2000
Sebastian v. Comelec, GR 139573, Mach 7, 2000
Soller v. Comelec, GR 139853, September 5, 2000
Barroso v. Ampig et al, GR138218, March 17, 2000
Maruhon v. Comelec, GR 139357, May 5,2000
Balindong v. Comelec, GR 153991, Oct. 16, 2003
Jaramilla v. Comelec, GR 155717, Oct. 23, 2003
Bautista v. Comelec, GR 154796-97, Oct. 23, 2003
De Llana v. Comelec, GR 152080, Nov. 28, 2003
Repol v. Comelec, GR 151418, Apr. 28, 2004
44
Pedragoza v. COMELEC – 496 SCRA 513
Cayetano v. COMELEC – 479 SCRA 514
Munoz v. COMELEC – 495 SCRA 407
Tan v. COMELEC – 507 SCRA 352
Enriquel v. COMELEC – 613 SCRA 809
Mendoza v. COMELEC – 616 SCRA 443
Maria Laarni L Cayetano v. Comelec, GR 193846, 12 April 2011 (also in Sec. 7, Art IX-A)
Section 7. No Block-Voting
D. Commission of Audit
45
Home Development Mutual Fund v. COA, GR 142297, June 15, 2004
DBP v. COA – 498 SCRA 537 [2006]
Nava v. Palattao – 499 SCRA 745 [2006]
Gualberto De Llana v. COA, GR 180989, 7 Feb. 2012
Candelario L. Versoza Jr. v. Guillermo N Carague, GR 157838, 7 February 2012
Philippine Coconut v. Republic – 663 SCRA 514 [2012]
Audit Jurisdiction
Caltex v. COA – 208 SCRA 726 [1992]
Mamaril v. Domingo – 227 SCRA 206[1993]
Philippine Airlines v. COA – 245 SCRA 39 [1995]
CIR v. COA – 218 SCRA 203 [1993]
CSC v. Pobre, GR 160568, Sept. 15, 2004
Luciano Velos, et al. v. Commission On Audit, GR 193677,6 Sept. 20011
Boy Scout of the Philippines v. COA, GR 177131, 7 June 2011
Dela Llana v. COA – 665 SCRA 176 [2012]
46
Drilon v. Lim – 235 SCRA 135 [1994]
Magtajas v. Pryce Properties, GR No. 111097, July 20, 1994
Judge Leynes v. COA, GR No. 143596, Dec. 11, 2003
Batangas CATV v. CA and Batangas City, GR No. 138810, September 29, 2004
CREBA v. Secretary of DAR, GR 183409, June 18, 2010
47
Rivera v. COMELEC – 523 SCRA 41
Montebon v. COMELEC, 551 SCRA 50
Ong v. Alegre, GR No. 163295, January 23, 2006
Laceda v. Lumena – GR 182867, November 25, 2008
Dizon v. COMELEC, GR No. 182088, January 30, 2009
Bolos v. COMELEC – 581 SCRA 786 [2009]
Aldovino v. COMELEC – 609 SCRA 234 [2009]
Datu Michel Abas Kida v. Senate of the Philippines, GR 196271, February 2012
(reconsideration; holdover provision in RA 9054 Unconstitutional as Congress in passing
RA 10153 has made clear)
48
Section 17. Powers Not Vested to the ARMM
Datu Michel Abas Kida v. Senate of the Philippines, GR 196271, 18 October 2011. (The
framers decided to reinstate the provision in order to make it clear, once and for all, that
these are the limits of the powers to the autonomous government; those not
enumerated are actually to be exercised by the national government; the autonomy
granted to the ARMM cannot be invoked to defeat national policies and concerns Since
the synchronization of elections not just a regional concerns but a national one, the
ARMM is subject to it; the regional autonomy granted to the ARMM cannot be used to
exempt the region from having act in accordance with national policy mandated by no
less than the Constitution)
49
Section 2. Officers Subject to Removal by Impeachment
The President, the Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office, on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.
Ombudsman v. CA – 452 SCRA 714 [2005] (exclusive list)
Section 4. Sandiganbayan
Nunez v. Sandiganbayan – 111 SCRA 433 [1982] (creation of Sandiganbayan)
Lecaros v. Sandiganbayan – 128 SCRA 324 [1984] (crimes in relation to public office)
Cunanan v. Arceo – 242 SCRA 88 [1995] (averment of the nature of the crime
committed)
Balmadrid v. Sandiganbayan, GR No. 58327, March 22, 1991
Binay v. Sandiganbayan – GR NO. 120681-83 [October 1, 1999]
Mayor Layus v. Sandiganbayan – GR 134272, December 8, 1999
Abbot v. Mapayo, GR 134102, July 6, 2000
Defensor-Santiago, 356 SCRA 636 (2001)
Section 5. Ombudsman
Baluyot v. Holganza, GR 136374, February 2000
Garcia v. Ombudsman, GR 127710, February 16, 2000
Lapid v. CA, GR 142261, June 29, 2000
Tirol v. COA, GR 133954, August 3, 2000
Mamburao v. Desierto, 429 SCRA 76
Carandang v. Desierto, 639 SCRA 293
Lacson v. ES, 649 SCRA 142
People v. Morales, 649 SCRA 182
Quarto v. Marcelo, 658 SCRA 580
Section 6. Appointments
50
Ombudsman v. CSC, GR No. 162215, July 20, 2007
Section 8. Qualifications
Section 9. Appointments
In General
Cruz v. Sandiganbayan – 194 SCRA 474 [1991]
Maceda v. Vasquez – 221 SCRA 464 [1993]
Macalino v. Sandiganbayan – 376 SCRA 452
Garcia v. Miro, GR No. 148944, Feb 5, 2003
Honasan II v. Panel of Investigating Prosecutors – GR No. 159747, April 13, 2004
Samson v. OMB, GR 117741, Sept 29, 2004
51
Corpuz v. Sandiganbayan, GR 162214, Nov. 11, 2004
Khan, Jr. v. Ombudsman, GR No. 125296, July 20, 2006
Ombudsman v. Estandarte, GR No. 168670, April 13, 2007
Ombudsman v. Lucero, November 24, 2006
Ombudsman v. CA, GR No. 169079, July 17, 2007
Sangguniang Barangay v. Punong Barangay, GR No. 170626, March 3, 2008
Perez v. Sandiganbayan, GR No. 166062, September 26, 2006
Buencamino v. CA, GR No. 175895, April 4, 2007
Medina v. COA, GR No. 176478, February 4, 2008
Villas Nor v. Sandiganbayan, GR No. 180700, March 4, 2008
Ombudsman v. Rodriguez, GR No. 172700, July 23, 2010
OMB v. Estendarte – 521 SCRA 155 [2007]
Salvador v. Mapa – 539 SCRA 34 [2000]
OMB v. Masing – 542 SCRA 253 [2008]
Medina v. COA – 543 SCRA 684[2008]
Borja v. People – 553 SCRA 250 [2008]
52
Raro v. Sandiganbayan, GR 108431, July 14, 2000
Serapio v. Sandiganbayan, GR 148468, Jan 28, 2003
Week 15
Definition of Terms
1. REGALIAN DOCTRINE - All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by the State.
(Section 2, Art. XII)
2. IMPERIUM - Government authority possessed by the State expressed in the concept of
Sovereignty.
3. DOMINIUM - Capacity of the State to own or acquire property; the foundation for the
early Spanish decress embracing the feudal theory of jura regalia.
4. JURA REGALIA – all lands were held from the crown; in broad sense, the term refers to
royal rights to which the King has by virtue of his prerogatives; private title to land must
be traced to some grant, express or implied from the Spanish Crown and thereafter, the
Philippine Republic.
5. FORESHORE LAND – that strip of land that lies between the high and low water marks
and that is alternatively wet and dry according to the flow of the tide; inalienable unless
converted by law int alienable lands.
6. SUBMERGED LAND – all lands permanently or periodically covered by tidal waters up
to but not above the line of mean high tide.
7. ANCESTRAL DOMAIN – an all-embracing concept referring to lands, inland waters,
coastal areas, and includes ancestral lands, etc., and other lands individually owned,
whether alienable or not, hunting grounds, burial grounds, worship areas, etc.; They
include lands which may no longer be exclusively used by indigenous cultural
communities but traditionally had access for their subsistence and traditional activities.
8. ANCESTRAL LAND - narrower concept referring to lands utilized by cultural
communities under the claim of individual or traditional group ownership; includes, but
53
are not limited to residential lots, rice terraces, etc.; Those held under the same
conditions but are limited to lands that are not merely occupied and possessed but are
also utilized by cultural communities.
9. PRIVATE LAND - lands of private ownership including both lands owned by private
individuals and those which are patrimonial property of the State or of municipal
corporations.
10. PUBLIC UTILITY – a utility corporation that renders service to the general public for
compensation; service is not confined to privileged individuals but is open to an indefinite
public.
11. FILIPINIZATION – Filipino ownership.
12. NATIONALIZATION – State ownership.
13. MONOPOLY – when there is only one seller or producer of a product or service for
which there are no substitute; joint acquisition or maintenance by members of a
conspiracy, formed for that purpose, of the power to control and dominate trade and
commerce in a commodity to such an extent that they are able, as a group, to exclude
actual or potential competitors from the field, accompanied with the intention and
purpose to exercise such power.
14. MINERAL – refers to all naturally occurring inorganic substance in solid, gas, liquid, or
any intermediate state excluding energy materials such as coal, petroleum, natural gas,
radioactive materials and geothermal energy. (Sec. 4 (e), A.M. No. 09-6-8-C)
15. WILDLIFE – means wild forms and varieties of flora and fauna, in all developmental
stages including those which are in captivity or are being bred or propagated. (Sec. 4
(g), A.M. No. 09-6-8-C)
16. WRIT OF KALIKASAN – a remedy available to a natural or juridical person entity
authorized by law, people’s organization, NGO, or any public interest group on behalf of
persons constitutional right to a balance and healthful ecology is violate or threatened
with violation by an unlawful act or omission of a public official or employee, or a private
individual or entity, involving environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants.
17. MINERAL LAND – refer to those lads of public domain which has been classified as
such by the Secretary of Natural Resources in accordance with the prescribed and
approved criteria, guidelines and procedure. (Sec. 3 (f), P.D. No. 705)
18. NATIONAL PARK – refers to a forest land reservation essentially of primitive or
wilderness character which has been withdrawn from settlement or occupancy and set
aside as such exclusively to preserve the scenery, the natural and historic objects and
the wild animals or plants therein, and to provide enjoyment of these features in such a
manner as will leave them unimpaired for future generations. (Sec. 3 (h), P.D. No. 705)
19. INDIGENOUS CULTURAL COMMUNITY – refers to a group of people sharing common
bonds of language, customs, traditions and other distinctive cultural traits, and who
have, since time immemorial, occupied, possessed and utilized a territory. (Sec.4 (d),
R.A. No. 7586)
20. NATURAL RESOURCES – refers to life-support systems such as the sea, coral reefs,
soil, lakes, rivers, and forests as well as useful products found therein such as animals,
wildlife, tress and other plants, including the aesthetic attributes of scenic sites that are
not man-made. (Sec. 3 (3), R.A. No. 7611)
21. ENVIRONMENT COMPLIANCE CERTIFICATE (ECC) – refers to the document issued
by the government agency concerned certifying that the project under consideration will
not bring about an unacceptable environmental impact statement system.
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22. EXCLUSIVE ECONOMIC ZONE (EEZ) – the water, sea bottom and subsurface
measured from the baseline of the Philippine archipelago up to 200 nautical miles
offshore.
23. FINANCIAL AND TECHNICAL ASSISTANCE AGREEMENT – a contract involving
financial or technical assistance for large-scale exploration, development, and utilization
of natural resources.
24. SUBSISTENCE FISHERMAN – refers to fishing that is carried out primarily to feed the
family and relatives of the person doing the fishing.
25. FISHWORKER – a person regularly or not regularly employed in commercial fishing and
related industries, whose income is either in wage, profit-sharing or stratified sharing
basis, including those working in fish pens, fish cages, fish corrals etc.
26. INTEGRATED FOREST MANAGEMENT AGREEMENT (IFMA) – is a production
sharing contract entered into by and between the DENR and a qualified applicant
wherein it grants the right to develop, manage, protect and utilize a specified area.
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Alienation
Sta. Rosa Mining v. Liedo – 156 SCRA 1 [1987] (mining claims)
San Miguel Corporation v. CA – 185 SCRA 722 [1990] (possession in the concept of an
owner)
Republic v. Bantigue Point development Corporation, GR 162322, 14 March 2012
(burden on applicant to prove land sought to be registered is alienable or disposable on
a positive act the government)
Utilization
Miners v. Factoran – 240 SCRA 100[1995] (Jura regalia)
Tano v. Socrates – 278 SCRA 154 [1997] (Subsistence fisherman)
Villaflor v. CA - 280 SCRA 297 [1997] (private ownership)
Republic v. CA and PREC – GR 103882, [November 25, 1998] 299 SCRA 199
Republic v. Rosemoor Mining and Dev’t Corp. , GR 149927, Mar 30, 2004
Alvarez v. PICOP – 606 SCRA 444 [2009]
IID v. PSALM – 682 SCRA 602 [2012]
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Hulst v. PR Builders – 566 SCRA 333[2008]
Osmena v. Osmena – 611 SCRA 164 [2010]
Beurmer v. Amores – 686 SCRA 770 [2012]
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Section 14. Development and Practice of Professions
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Cases : GTZ v. CA, Holy See v. Rosario, DFA v. NLRC)
Unincorporated Agencies
Mentran v. Paredes – 79 PHIL. 819 (1947 – 1948 )
NAC v. Teodoro – 91 PHIL. 203 (1952)
Mobil Philippines v. Customs Arrestre – 18 SCRA 1120 (1966)
Del Mar v. PVA – 51 SCRA 340 (1973)
CAA v. CA – 167 SCRA 28 (1988)
Farolan v. CTA – 217 SCRA 340 (1993)
PNR v. IAC – 217 SCRA 401 (1993)
Republic v. Nolasco – 457 SCRA 460 (2005)
Republic v. Unimex – 518 SCRA 20 (2007)
Professional Video v. TESDA – 591 SCRA 83 (2009)
Government Officers
Ministero v. CFI – 40 SCRA 464 (1971
Syquia v. Almeda-Lopez – 84SCRA 312 [1978]
Festejo v. Fernando – 94 SCRA 54 [1979]
Aberca v. Ver – 160 SCRA 590 [1988]
Shauf v. CA – 191 SCRA 713 [1990]
Vidad v. RTC – 271 [1993]
Regional Director v. CA – 229 SCRA 557 [1994]
Africa v. PCGG/Villanueva v. Sandiganbayan – [January 1992]
DOH v. Phil. Pharmawealth – 518 SCRA 240 [2007]
Foreign Government
Baer v. Tizon – 57 SCRA 1 [1974]
US v. Ruiz – 136 SCRA 487 [1985]
Sanders v. Veridiano – 162 SCRA 88 [1988]
U.S v. Reyes – 219 SCRA 192 [1993]
The Holy See v. Rosario – 238 SCRA 524 [1994]
JUSMAG v. NLRC – 239 SCRA 224 [1994]
Larkins v. NLRC – 241 SCRA 598 [1995]
Minucher v. CA – GR 142396, Feb, 11, 2003
Consent by Law
Carabao v. Agricultural product Com. – 35 SCRA 224 [1970]
Arcega v. CA – 66 SCRA 230 [1975]
Rayo v. CFI – 110 SCRA 456 [1981]
Municipality of San Fernando v. Firme – 195 SCRA 692 [1991]
Republic v. NLRC – 263 SCRA 290 [1996]
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DOH v. Canchela – 475 SCRA 218 [2005]
Agency – Propriety
United States v. Guinto – 182 SCRA 644 [ 1990]
Fontanilla v. Maliaman – 194 SCRA 486 [1991]
PRC v. CA – 256 SCRA 667 [1996]
Waiver
Republic v. Purisima – 78 SCRA 470 [1977]
Santiago v. Republic – 87 SCRA 294 [1978]
Traders Royal Bank v. IAC – 192 SCRA 305 [1990]
Republic v. Sandoval – 220 SCRA 124 [1993]
Delos Santos v. IAC – 223 SCRA 11 [1993]
DA v. NLRC – 227 SCRA 693 [1993]
EPG v. Sec. of DPWH – 354 SCRA 566 [2001]
Resulting Liability
Philrock v. Board of Liquidators – 180 SCRA 171 [1989]
Liang v. People – GR 125865 [January 28, 2000] ADB immunity)
Republic v. Hidalgo – 477 SCRA 12 [2005] (writ execution)
Philippine Agila v. Lichauco – 489 SCRA 22 [2006]
U.P. v. Dizon – 679 SCRA 54 [2012]
Section 4. AFP
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Imbong v. COMELEC, 35 SCRA 28 (1970)
Lambino v. COMELEC, 505 SCRA 160
Section 2. Initiative
Defensor-Santiago v. COMELEC, 270 SCRA 106 (1997); MR (1997)
Lambino v. COMELEC, 505 SCRA 160 (2006)
Section 4. Ratification
Gonzales v. COMELEC, 21 SCRA 774 (1967)
Tolentino v. COMELEC, 41 SCRA 702 (1971)
Sec. 3 Status of Laws and other Legislation Passes Prior to the Constitution
Sec. 9 Sub-Provinces
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Sec. 23 Advertising Entities
Classroom Policies
Students are expected to have read the assigned materials for the class sessions and
will be called for recitation.
Cell phones and other electronic devices must be kept in silent mode. Students must
refrain from using these devices during classroom sessions.
Plagiarism and cheating are grave offenses of intellectual dishonesty and are punishable
by university rules.
Consultation and discussion is available upon request of the student. Email me:
ebaddiri@gmail.com
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