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CONSTITUTIONAL LAW
I. STATE
a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external controls, and possessing a government to which a great body of inhabitants render habitual obedience ( CIR v. Campos-Rueda, 42 SCRA 23).
itself
2. Government of paramount force established and maintained by military forces who invade and occupy a territory of the enemy in the course of war; and 3. Independent government established by the inhabitants of the country who rise in insurrection against the parent state (Ko Kim Chan v. Valdez Tan Keh, 75 Phil. 113). 4. Sovereignty supreme and uncontrollable power inherent in a State by which that State is governed. Kinds: a. legal and political; and b. internal and external Effect of Belligerent Occupation There is no change in sovereignty. However, political laws, except those of treason, are suspended; but municipal laws remain in force unless changed by the belligerent occupant. At the end of the occupation, political laws are automatically revived (doctrine of jus postliminium) (Peralta v. Director of Prisons, 75 Phil. 285; Laurel v. Misa, 77 Phil. 856).
Elements of a State:
1. People inhabitants of the State, the number of which is capable for selfsufficiency and self-defense. 2. Territory fixed portion of the surface of the earth inhabited by the people of the State; 3. Government agency or instrumentality through which the will of State is formulated, expressed and realized (US v. Dorr, 2 Phil. 332); Functions: a. constituent compulsory because constitutive of the very bonds of society. b. ministrant undertaken to advance general interest of society (Bacani v. NACOCO, 100 Phil. 468). Government of the Philippine Islands is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms which political authority is made effective [Sec. 2 (1) Administrative Code of 1987]. Doctrine of Parens Patriae government as guardian of the rights of People (Government of Philippines Islands v. Monte de Piedad, 35 SCRA 738).
I.
Classification of governments:
a. de jure has a rightful title but no power or control, either, because same has been withdrawn from it or because same has not yet actually entered into the exercise thereof. b. de facto actually exercises power or control but without legal title ( Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986). Kinds: 1. De facto proper government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal Page 2
POLICE POWER power promoting public welfare by restraining and regulating the use of liberty and property (Law of overruling necessity).
Scope: most pervasive, least limitable and most demanding; premised on legal maxim : salus populi est suprema lex Basis: public necessity and right of State and of public to self- protection and self-preservation Who may exercise: generally, the legislature but also 1) the President, 2) Administrative bodies, and 3) Law-making bodies of LGUs
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
exceed
the
II.
POWER OF EMINENT DOMAIN power of State to forcibly take private property for public use upon payment of just compensation
Fair market value the price that maybe agreed upon by parties who are willing but are not compelled to enter into a contract of sale Consequential damages consists of injuries directly caused on the residue of the private property taken by reason of expropriation
Scope:
highest and the most exact idea of property remaining in the government that may be acquired for some public purpose through a method in the nature of compulsory sale to the government (expropriation)
III.
POWER OF TAXATION
Basis:
necessity of the property for public use
power by which State raises revenue to defray necessary expenses of the Government.
Scope:
covers persons, property, or occupation to be taxed within taxing jurisdiction
Basis:
power emanating from necessity
Requisites of taking:
1. expropriator must enter a private property; 2. entry must be for more than momentary period; 3. entry must be under warrant or color of authority; 4. property must be devoted to public use; and 5. utilization of property must be in a way so as to oust owner and deprive him of beneficial enjoyment of the property.
from
Public Use
has been broadened to include not only uses directly available to the public but also those which redound to their indirect benefit.
Just Compensation
full and fair equivalent of the property taken property, to which must be added the consequential damages, minus the consequential benefits, but in no case will Page 3
2. Constitutional limitations Due process of law; Equal protection of law; Uniformity, equitability, and progressivity of taxation Non-impairment of contracts; Rule on non-imprisonment for nonpayment of poll tax; Origin of appropriation, revenue, and tariff bills; and Non-infringement of religious freedom.
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
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Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
1. Lawful subject 2. Lawful means When exercised by a delegate: 3. Express grant by law 4. Within the territorial limits 5. Must not be contrary to law
1. Necessity - if exercised by congress: political question - if exercised by delegate: justiciable question 2. private property 3. taking in the constitutional sense 4. public use 5. just compensation 6. due process of law
1. tax must be for public purpose 2. tax shall be uniform 3. either the person or property taxed shall be within the jurisdiction of taxing authority 4. that in assessment and collection of certain taxes, certain guarantees against injuries to individuals, especially by way of notice and opportunity for hearing shall be provided
power of the state over persons and thing within its territory. 1. Foreign states, head of states, diplomatic representatives, and to certain degree, consuls; 2. Foreign state property, including their embassies, consulates and public vessels engaged in non-commercial activities; 3. Acts of states; 4. Foreign merchant vessels exercising their rights of innocent passage or involuntary entry, such as arrival under distress; 5. Foreign armies passing through or stationed in its territory with its permission; and 6. Such other persons and property, over which the state may, by agreement, waive jurisdiction (Nachura, Reviewer in Political Law, 1996 ed., p. 18).
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
The principle of check and balances : allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excess committed by the other departments.
II. DELEGATION OF POWERS GEN. RULE: Potestas delegata non potest delegare
premised on the ethical principle that delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.
EXCEPTIONS:
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
Congress or the local legislative body for action. B. Referendum power of the electorate to approve or reject legislation through an election called for that purpose.
Classes of Referendum:
1. Referendum on Statutes refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and 2. Referendum on Local Laws refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. Plebiscite submission of constitutional amendments or important legislative measure to the people for ratification.
A. Initiative power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose (RA 6736).
Classes of initiative:
1. Initiative on the Constitution refers to a petition proposing amendments to the Constitution; 2. Initiative on Statutes refers to a petition proposing to enact a national legislation; 3. Initiative on Local Legislation refers to the petition proposing to enact a regional, provincial, city, municipality or barangay law, resolution or ordinance. Limitations: a. power of local initiative shall not be exercised more than once a year; b. initiatives shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact; and c. if at anytime before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. Limitation on Local Legislative Body vis-avis Local Initiative: Any proposition or ordinance approved through an initiative and referendum shall not be repealed, modified or amended by the sanggunian within 6 months from the date of approval thereof, and may be amended , modified or repealed within 3 years thereafter by a vote of of all its members. In case of barangays, the period shall be 18 months after approval. (Sec. 125, RA 7160) Indirect Initiative exercise of initiative by the people through a proposition sent to Page 7
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
Qualifications of Senators
1. Natural-born citizen; 2. At least 35 years old on the day of election; 3. Able to read and write; 4. A registered voter; and 5. Resident for not less than 2 years immediately preceding the day of the election
For 3 consecutive terms after ratification of Constitution, one half of all seats allocated to party-list representatives shall be filled by selection from the labor, peasant, etc., except religious sector. Until law is passed providing for such party-list system, President may appoint them, subject to confirmation of Commission on Appointments (Sec. 7, Art. XVIII)
Term of Office :
Rules on Apportionment of Legislative Districts [Sec. 5 (3) and (4), Art. VI]
1. Maintain proportional representation based on number of inhabitants; Each city with not less than 250 thousand inhabitants, entitled to at least 1representative; Each province, irrespective of the number of inhabitants, entitled to at least 1 representative. 2. Each district must be contiguous, compact and adjacent. Gerrymandering is not allowed; Gerrymandering formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party (Bernas, Reviewer in Philippine Constitution, P. 186) 3. Reapportionment within 3 following return of every census. years
IV.
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Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
X. CONGRESSIONAL ELECTORAL TRIBUNALS (SET OR HRET) (SEC. 17, ART. VI) Composition:
3 Supreme Court Justices designated by Chief Justice; and 6 members of the Chamber concerned (Senate or HR) chosen on the basis of proportional representation from political parties registered under the party-list system Senior Justice shall act as Chairman. Member chosen by Chamber concerned enjoys security of tenure and cannot be removed by mere change of party affiliation
House of Representative:
Speaker of the House elected by majority vote of respective members; Such other officers as they may deem necessary
IX. MATTERS MANDATED BY CONSTITUTION TO BE ENTERED INTO THE JOURNAL [SEC. 16 (4), ART. VI]
1. yeas and nays on third and final reading of a bill; 2. veto message of President; 3. yeas and nays on repassing a bill vetoed by President; and 4. yeas and nays on any question at the request of 1/5 of members present. Enrolled Bill conclusive upon courts as regards the tenor of the measure passed by Congress and approved by the President (Mabanag v. Lopez Vito, 78 Phil. 1)
Powers:
Shall act on all appointments submitted to it within 30 session days of Congress from their submission; and Power to promulgate its own rules of proceedings.
NOTE: Journal Entry vs. Enrolled Bill Enrolled bill prevails, except to matters, which under the Constitution, must be entered into the Journal (Astorga v. Villegas, 56 SCRA 714)
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
f.
revoke or extend proclamation of suspension of privilege of writ of habeas corpus or declaration of martial law (to revoke = legislative veto)
1. must specify public purpose for which the sum was intended; 2. must be supported by funds actually available as certified by National Treasurer or to be raised by corresponding revenue proposal included therein.
Legislative Investigation Limitations on Power of Legislative Investigation (Sec. 21, Art. VI)
1. must be in aid of legislation; 2. in accordance with duly published rules of procedures; and 3. right of person appearing in, or affected by such inquiry shall be respected.
Power of Appropriation
Appropriations Law a statute, the primary and specific purpose of which, is to authorize release of public funds from treasury.
XIII. LEGISLATIVE PROCESS Requirement : Bill must have only one subject
which must be stated in the title thereof.
Special
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Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
Approval of Bills:
1. Bill is approved by both chambers; 2. President approves and signs it; and 3. If President vetoes, return bill with presidential objections to the house of origin. Veto may be overridden upon vote of 2/3 of all members of the House of origin and other house; 4. Presidential inaction for 30 days from receipt of the bill: bill becomes a law as if the same has been signed by him
Presidential Veto
General Rule : If the President disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to separate items of a bill. Exception: Item-veto in the case of appropriation, revenue, and tariff bills [Sec. 27 (2), Art. VI]. Exceptions to the exception: a. Doctrine of Inappropriate Provisions a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item (Gonzales v. Macaraig, Jr., 191 SCRA 452). b. Executive Impoundment - refusal of the President to spend funds already allocated by Congress for specific purpose (Philconsa v. Enriquez, 235 SCRA 544).
Privileges
1. Official Residence 2. Salary 3. Immunity from Suit
Article VII : EXECUTIVE DEPARTMENT I. THE PRESIDENT Qualifications (Sec. 2, Art. VII)
1. 2. 3. 4. 5. natural-born citizen; registered voter; able to read and write; at least 40 years of age; and resident of the Philippines for at least 10 years immediately preceding the election.
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Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
prejudice public service or endanger public safety (Sec. 15, Art. VII). 3. POWER OF REMOVAL General rule: this power is implied from the power to appoint. Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service.(e.g. members of Supreme Court. Ombudsmanan.etc.) 4. POWER OF CONTROL Control power of an office to: Alter, Modify, Nullify, or Set aside what a substitute had done in the performance of his duties and to substitute his judgment to that of the former (Mondano v. Silvosa, 97 Phil, 143).
Classifications:
1. 2. permanent or temporary; regular or interim
Officials subject to the Appointment by the President (Sec. 16, Art. VII)
1. heads of executive departments; 2. ambassadors and other public ministers and consuls; 3. officers of the AFP from the rank of colonel or naval captain; 4. other ministers whose appointments are vested in him by the Constitution; NOTE: numbers 1 to 4: subject to confirmation by Commission of Appointments.(Sarmiento vs Mison) 5. all other officers of the government whose appointments are not provided for by law; and 6. those whom he may be authorized by law to appoint.
Appointing Procedures:
1. 2. nomination by the President; confirmation by the Commission on Appointments; 3. issuance of commission; and 4. acceptance by appointee. Deemed complete upon acceptance (Lacson vs Romero 84 Phil 740)
5. MILITARY POWERS (SEC. 18, ART. VIII) a. Commander-in Chief clause To call out the Armed Force to prevent or suppress lawless violence, invasion or rebellion; organize courts martial and create military commissions. b. Suspension of the Privilege of Writ of Habeas Corpus and Declaration of Martial Law Grounds: invasion or rebellion. Duration: not more than 60 days, following which it shall be lifted, unless extended by Congress. Duty of the President to report to Congress: within 48 hours personally or in writing. Authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all of its members voting jointly. Authority of the Supreme Court to inquire into the sufficiency of the Page 12
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
factual basis for such action, at the instance of any citizen. Proclamation does NOT affect the right to bail. Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. Person arrested must be charged within 3 days; if not, must be released. Proclamation does not supersede civilian authority.
AMNESTY 1. 2. 3. Political offenses Classes of persons Requires concurrence of Congress Public act to which court may take judicial notice of Looks backward and puts to oblivion the offense itself
PARDON 1. infraction of peace 2. individuals 3. does not require concurrence of Congress 4. private act which must be pleaded and proved 5. looks forward and relieves the pardonee of the consequence of the offense.
4.
6. PARDONING POWER (SEC. 19, ART. VII) Exercise by the President discretionary, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation. Limitations: 1. cannot be granted in cases of impeachment; 2. cannot be granted in violations of election laws without favorable recommendations of the COMELEC; 3. can be granted only after convictions by final judgment (except amnesty); 4. cannot be granted in cases of legislative contempt or civil contempt; 5. cannot absolve convict of civil liability; and 6. cannot restore public offices forfeited. PARDON act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. Commutation reduction or mitigation of the penalty. Reprieve postponement of sentence or stay of execution. Parole release from imprisonment, but without full restoration of liberty, as parolee is in the custody of the law although not in confinement. Amnesty act of grace, concurred in by the Legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself. Pardon Classified: 1.Plenary or partial; and 2.Absolute or conditional. Distinctions: Page 13 5.
7. BORROWING POWER (SEC. 20, ART. VII) the President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter. 8. DIPLOMATIC POWER (SEC. 21, ART. VII) No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate. 9. BUDGETARY POWER (SEC. 22, ART. VII) within 30 days from opening of every regular session, President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. 10. INFORMING POWER (SEC. 23, ART. VI) President shall address Congress at the opening of its regular session. President may also appear before it at any other time. 11. RESIDUAL POWER Whatever is not judicial; whatever is not legislative; is residual power exercised by the President (Marcos v. Manglapus, 1989) 12. OTHER POWERS
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
1. 2. 3. 4. 5. 6. 7.
call Congress to a special session (Sec. 15, Art. VI); power to approve or veto bills (Sec. 27, Art. VI); power to deport aliens (Sec. 2 (2), Art. IX-C); consent to deputization of government personnel by COMELEC (Sec.2 (8), Art. IX-C); to discipline such deputies (Sec. 2 (8), Art. IX-C); general supervision over local government units and autonomous regional governments (Art. X). by delegation from Congress, exercise emergency (Sec. 23 (2), Art. VI) and tariff powers (Sec. 28 (2), Art. VI) and
3. SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or concurrence; 4. SC has administrative supervision over all inferior courts and personnel; 5. SC has exclusive power to discipline judges/justices of inferior courts; 6. Members of judiciary enjoy security of tenure; 7. Members of judiciary may not be designated to any agency performing quasi-judicial or administrative functions; 8. Salaries of judges may not be reduced; judiciary enjoys fiscal autonomy; 9. SC alone may initiate Rules of Court; 10. SC alone may order temporary detail of judges; and 11. SC can appoint all officials and employees of the Judiciary (Nachura, Reviewer in Political Law, p. 154).
I. JUDICIAL POWER
duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government (Sec. 1, par.2, Art. VIII). One Supreme Court; and Such lower courts as may be established by law (Sec. 1, Art. VIII). Jurisdiction - power to hear and decide a case and execute decision thereof.
Judiciary:
1. SC is a Constitutional body; may not be abolished by law; 2. Members are only removable by impeachment;
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Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
1.
Appointed by President from among a list of at least 3 nominees prepared by Judicial and Bar
Procedure in Appointment:
2. 3. Council for every vacancy. For lower courts, President shall issue the appointment 90 days from submission of the list.
4. Order change of venue or place of trial, to avoid miscarriage of justice. 5. Rule-making power promulgates rules concerning: protection and enforcement of constitutional rights; pleading, practice and procedures in all courts; admissions to the practice of law; Integrated Bar of the Philippines; and legal assistance to the underprivileged. Limitations on rule making power: a. provide a simplified and inexpensive procedure for seedy disposition of cases; b. uniform for all courts in the same grade; and c. shall not diminish, increase or modify substantive rights. Page 15
Appointment
Regular members shall be appointed by the President for a 4 year term with the consent of the Commission on Appointments.
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
6. Power of appointment SC appoints all officials and employees of the Judiciary in accordance with Civil Service Law; 7. Power of administrative supervision SC shall have administrative supervision over all courts and the personnel thereof. 8. Yearly report Within 30 days from the opening of each regular session of Congress, SC shall submit to the President and Congress an annual report on the operation and activities of the Judiciary.
authority has been delegated to the legislature or executive branches of government. (Tanada vs. Cuenco 100 PHIL. 1101)
Judicial Power-includes:
b. duty of courts to settle actual controversies involving rights which are legally demandable and enforceable; and c. to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on part of any branch or instrumentality of government (Sec. 1, Art. VIII). Grave Abuse of Discretion Amounting to Lack of Jurisdiction capricious and whimsical exercise of judgment. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility (Kapatiran ng Mga Naglilingkod Sa Pamahalaan ng Pilipinas v. Tan, June 1988). JUSTICIABLE QUESTION a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted by law for said POLITICAL QUESTION those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary Page 16
In case of delay: A certification to be signed by the Chief Justice or Presiding Justice shall be issued stating the reason for the delay. Court, without prejudice to such responsibilities as may have been incurred in consequence thereof shall decide or resolve the case or matter submitted to it without further delay, despite expiration of mandatory period. Court does not lose jurisdiction over the case, despite the lapse of the mandatory period. Erring judge or justice may be subjected to administrative sanctions for the delay.
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo
the
1. they are constitutionally created; may not be abolished by statute; 2. each is conferred certain powers and functions which cannot be reduced by statute; 3. each expressly described as independent; 4. chairmen and members are given fairly long term of office of 7 years; 5. chairmen and members cannot be removed except by impeachment; 6. chairmen and members may not be reappointed or appointed in an acting capacity; 7. salaries of chairmen and members are relatively high and may not be decreased during continuance in office; 8. commissions enjoy fiscal autonomy; 9. each commission may promulgate its own procedural rules; 10. chairmen and members are subject to certain disqualification calculated to strengthen their integrity; and 11. commissions may appoint their own officials and employees in accordance with Civil Service Law.
c. career executive service e.g., Undersecretaries, Bureau Directors; d. career officers appointed by President, e.g., foreign service; e. positions in AFP, governed by separate merit system; f. personnel of GOCCs with original charter; and g. permanent laborers, whether skilled, semi-skilled or unskilled. 2. Non-career Service characterized by : entrance on bases other than those of usual tests utilized for career service. Tenure limited to period.
Qualifications:
1. natural-born citizen; 2. at least 35 years old at the time of appointment; 3. with proven capacity for public administration; and 4. not a candidate in any election immediately preceding the appointment.
Term:
7 years without reappointment.
Kinds: a. elective officials and their personal and confidential staff; b. department heads and officials of cabinet rank; and their personal and confidential staff; c. chairmen and members of commissions and boards with fixed terms of office and their personal and confidential staff; d. contractual personnel or those whose employment in government is in accordance with special contract for specific work; and e. emergency and seasonal personnel. Exceptions to requirement of competitive examinations: Policy Determining lays down principal or fundamental guidelines or rules. Formulates method of action. Primarily Confidential primarily close intimacy which insures freedom of intercourse without embarrassment of freedom from misgivings or betrayals on confidential matters of state; NOTE: Or one declared to be so by President upon recommendations of CSC (Salazar vs Mathay 73 SCRA 275). Highly Technical requires possession of technical skill or training in supreme or superior degree.
Classes of Service:
1. Career service characterized by: entrance based on merit and fitness to be determined by competitive examination or based on highly technical qualifications. Opportunity for advancement; Security of tenure Kinds: a. open career positions prior qualification via examination; b. closed career positions e.g., scientific or highly technical; Page 17
Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo