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PADILLA, J.:
On 4 July 1988, Judge Rodolfo U. Manzano, Executive Judge, RTC, Bangui, Ilocos
Norte, Branch 19, sent this Court a letter which reads:
Sir:
Before I may accept the appointment and enter in the discharge of the
powers and duties of the position as member of the Ilocos (Norte)
Provincial Committee on Justice, may I have the honor to request for the
issuance by the Honorable Supreme Court of a Resolution, as follows:
3.3 Receive complaints against any apprehending officer, jail warden, final
or judge who may be found to have committed abuses in the discharge of
his duties and refer the same to proper authority for appropriate action;
Furthermore, under Executive Order No. 326 amending Executive Order No. 856, it is
provided that—
Under the Constitution, the members of the Supreme Court and other courts
established by law shall not be designated to any agency performing quasi- judicial or
administrative functions (Section 12, Art. VIII, Constitution).
Considering that membership of Judge Manzano in the Ilocos Norte Provincial
Committee on Justice, which discharges a administrative functions, will be in violation of
the Constitution, the Court is constrained to deny his request.
Former Chief Justice Enrique M. Fernando in his concurring opinion in the case of
Garcia vs. Macaraig (39 SCRA 106) ably sets forth:
This declaration does not mean that RTC Judges should adopt an attitude of monastic
insensibility or unbecoming indifference to Province/City Committee on Justice. As
incumbent RTC Judges, they form part of the structure of government. Their integrity
and performance in the adjudication of cases contribute to the solidity of such structure.
As public officials, they are trustees of an orderly society. Even as non-members of
Provincial/City Committees on Justice, RTC judges should render assistance to said
Committees to help promote the laudable purposes for which they exist, but only when
such assistance may be reasonably incidental to the fulfillment of their judicial duties.
DECISION
(En Banc)
LAUREL, J.:
I. THE FACTS
Petitioner Jose Angara was proclaimed winner and took his oath of office as
member of the National Assembly of the Commonwealth Government. On December 3,
1935, the National Assembly passed a resolution confirming the election of those who
have not been subject of an election protest prior to the adoption of the said resolution.
Citing among others the earlier resolution of the National Assembly, the petitioner
sought the dismissal of respondent’s protest. The Electoral Commission however denied
his motion.
Did the Electoral Commission act without or in excess of its jurisdiction in taking
cognizance of the protest filed against the election of the petitioner notwithstanding the
previous confirmation of such election by resolution of the National Assembly?
NO, the Electoral Commission did not act without or in excess of its
jurisdiction in taking cognizance of the protest filed against the election of the
petitioner notwithstanding the previous confirmation of such election by resolution
of the National Assembly.
The Electoral Commission acted within the legitimate exercise of its constitutional
prerogative in assuming to take cognizance of the protest filed by the respondent Ynsua
against the election of the petitioner Angara, and that the earlier resolution of the National
Assembly cannot in any manner toll the time for filing election protests against members
of the National Assembly, nor prevent the filing of a protest within such time as the rules
of the Electoral Commission might prescribe.
The grant of power to the Electoral Commission to judge all contests relating to the
election, returns and qualifications of members of the National Assembly, is intended to
be as complete and unimpaired as if it had remained originally in the legislature. The
express lodging of that power in the Electoral Commission is an implied denial of the
exercise of that power by the National Assembly. xxx.
[T]he creation of the Electoral Commission carried with it ex necesitate rei the
power regulative in character to limit the time with which protests intrusted to its
cognizance should be filed. [W]here a general power is conferred or duty enjoined, every
particular power necessary for the exercise of the one or the performance of the other is
also conferred. In the absence of any further constitutional provision relating to the
procedure to be followed in filing protests before the Electoral Commission, therefore, the
incidental power to promulgate such rules necessary for the proper exercise of its
exclusive power to judge all contests relating to the election, returns and qualifications of
members of the National Assembly, must be deemed by necessary implication to have
been lodged also in the Electoral Commission.
FACTS:
A Chief Officer of a ship was killed in an accident in Japan. The widow filed a complaint for
charges against the Eastern Shipping Lines with POEA, based on a Memorandum Circular No.
2, issued by the POEA which stipulated death benefits and burial for the family of overseas
workers. ESL questioned the validity of the memorandum circular as violative of the
principle of non-delegation of legislative power. It contends that no authority had been given
the POEA to promulgate the said regulation; and even with such authorization, the regulation
represents an exercise of legislative discretion which, under the principle, is not subject to
delegation. Nevertheless, POEA assumed jurisdiction and decided the case.
ISSUE:
Whether or not the Issuance of Memorandum Circular No. 2 is a violation of non-delegation
of powers?
RULING:
No. SC held that there was a valid delegation of powers.
The authority to issue the said regulation is clearly provided in Section 4(a) of Executive
Order No. 797. ... "The governing Board of the Administration (POEA), as hereunder provided
shall promulgate the necessary rules and regulations to govern the exercise of the
adjudicatory functions of the Administration (POEA)."
It is true that legislative discretion as to the substantive contents of the law cannot be
delegated. What can be delegated is the discretion to determine how the law may be
enforced, not what the law shall be. The ascertainment of the latter subject is a prerogative
of the legislature. This prerogative cannot be abdicated or surrendered by the legislature to
the delegate.
The reasons given above for the delegation of legislative powers in general are particularly
applicable to administrative bodies. With the proliferation of specialized activities and their
attendant peculiar problems, the national legislature has found it more and more necessary
to entrust to administrative agencies the authority to issue rules to carry out the general
provisions of the statute. This is called the "power of subordinate legislation."
With this power, administrative bodies may implement the broad policies laid down in a
statute by "filling in' the details which the Congress may not have the opportunity or
competence to provide. This is effected by their promulgation of what are known as
supplementary regulations, such as the implementing rules issued by the Department of
Labor on the new Labor Code. These regulations have the force and effect of law.
There are two accepted tests to determine whether or not there is a valid delegation of
legislative power:
1. Completeness test - the law must be complete in all its terms and conditions when
it leaves the legislature such that when it reaches the delegate the only thing he will
have to do is enforce it.
2. Sufficient standard test - there must be adequate guidelines or stations in the law
to map out the boundaries of the delegate's authority and prevent the delegation
from running riot.
Both tests are intended to prevent a total transference of legislative authority to the delegate,
who is not allowed to step into the shoes of the legislature and exercise a power essentially
legislative.
Facts:
In the meantime or on September 21, 1972, the incumbent President of the Republic
of the Philippines issued Proclamation No. 1081, placing the entire country under Martial
Law; and two months thereafter, more or less, or specifically on November 29, 1972, the
1971 Constitutional Convention passed and approved a Constitution to supplant the 1935
Constitution; and the same was thereafter overwhelmingly ratified by the sovereign people
of the Republic of the Philippines on January 17, 1973; and on March 31, 1973, the Supreme
Court declared that there is no further judicial obstacle to the new Constitution being
considered in force and effect.
Thereafter or on October 10, 1973, at which time petitioner had already completed
presenting his evidence and in fact had rested his case, respondent Yu moved to dismiss the
election protest of petitioner on the ground that the trial court had lost jurisdiction over the
same in view of the effectivity of the 1973 Constitution by reason of which — principally)
Section 9 of Article XVII [Transitory Provisions] and Section 2 of Article XI — a political
question has intervened in the case. Respondent Yu contended that “... the provisions in the
1935 Constitution relative to all local governments have been superseded by the 1973
Constitution. Therefore, all local government should adhere to our parliamentary form of
government. This is clear in the New Constitution under its Article XI.” He further submitted
that local elective officials (including mayors) have no more four-year term of office. They
are only in office at the pleasure of the appointing power embodied in the New Constitution,
and under Section 9 of Article XVII.
The thrust of the political question theory of respondent Yu is that the 1973
Constitution, through Section 9 of Article XVII thereof, protected only those incumbents, like
him, at the time of its ratification and effectivity and are the only ones authorized to continue
in office and their term of office as extended now depends on the pleasure of, as the same
has been entrusted or committed to, the incumbent President of the Philippines or the
Legislative Department; and that Section 2 of Article XI thereof entrusted to the National
Assembly the revamp of the entire local government structure by the enactment of a local
government code, thus presenting a question of policy, the necessity and expediency of
which are outside the range of judicial review. In short, for the respondent Judge to still
continue assuming jurisdiction over the pending election protest of petitioner is for him to
take cognizance of a question or policy in regard to which full discretionary authority has
been delegated to the Legislative or Executive branch of the government.
Issue:
whether the issue involves a political question and therefore beyond judicial ambit
Held:
No. Section 9 of Article XVII of the 1973 Constitution did not render moot and
academic pending election protest cases. The constitutional grant of privilege to continue in
office, made by the new Constitution for the benefit of persons who were incumbent officials
or employees of the Government when the new Constitution took effect, cannot be fairly
construed as indiscriminately encompassing every person who at the time happened to be
performing the duties of an elective office, albeit under protest or contest” and that “subject
to the constraints specifically mentioned in Section 9, Article XVII of the Transitory
Provisions, it neither was, nor could have been the intention of the framers of our new
fundamental law to disregard and shunt aside the statutory right of a candidate for elective
position who, within the time-frame prescribed in the Election Code of 1971, commenced
proceedings beamed mainly at the proper determination in a judicial forum of a proclaimed
candidate-elect’s right to the contested office.
There is a difference between the ‘term’ of office and the ‘right’ to hold an office.
A‘term’ of office is the period during winch an elected officer or appointee is entitled to hold
office, perform its functions and enjoy its privileges and emoluments. A ‘right’ to hold a
public office is the just and legal claim to hold and enjoy the powers and responsibilities of
the office. In other words, the ‘term’ refers to the period, duration of length of time during
which the occupant of an office is .entitled to stay therein whether such period be definite or
indefinite. Hence, although Section 9, Article XVII of the New Constitution made the term of
the petitioners indefinite, it did not foreclose any challenge by the herein petitioners, in an
election protest, of the ‘right’ of the private respondents to continue holding their respective
office. What has been directly affected by said constitutional provision is the ‘term’ to the
office, although the ‘right’ of the incumbent to an office which he is legally holding is co-
extensive with the ‘term’ thereof,” and that “it is erroneous to conclude that under Section 9,
Article XVII of the New Constitution, the term of office of the private respondents expired,
and that they are now holding their respective offices under a new term. They hold their
respective offices still under the term to which they have been elected, although the same is
now indefinite.
The New Constitution recognized the continuing jurisdiction of courts of first instance
to hear, try and decide election protests: “Section 7 of Article XVII of the New Constitution
provides that ‘all existing laws not inconsistent with this Constitution shall remain operative
until amended, modified or repealed by the National Assembly. ‘And there has been no
amendment, modification or repeal of Section 220 of the Election Code of 1971 which gave
the herein petitioners the right to file an election contest against those proclaimed elected,”
and “according to Section 8, Article XVII of the New Constitution ‘all courts existing at the
time of the ratification of this Constitution shall continue and exercise their jurisdiction until
otherwise provided by law in accordance with this Constitution, and all cases pending in said
courts shall be heard, tried and determined under the laws then in force.’ Consequently, the
Courts of First Instance presided over by the respondent-Judges should continue and
exercise their jurisdiction to hear, try and decide the election protests filed by herein
petitioners.”
While under the New Constitution the Commission on Elections is now the sole judge
of all contests relating to the elections, returns, and qualifications of members of the National
Assembly as well as elective provincial and city officials (par. 2 of Sec. 2, Article XII-C of the
1973 Constitution), such power does not extend to electoral contests concerning municipal
elective positions.
General Order No. 3, issued by the President of the Philippines merely reiterated his
powers under Section 9 of Article XVII of the New Constitution. The President did not intend
thereby to modify the aforesaid constitutional provision.
General Order No. 3, as amended by General Order No. 3-A, does not expressly include
electoral contests of municipal elective positions as among those removed from the
jurisdiction of the courts; for said General Order, after affirming the jurisdiction of the
Judiciary to decide in accordance with the existing laws on criminal and civil cases, simply
removes from the jurisdiction of the Civil Court certain crimes specified therein as well as
the validity, legality or constitutionality of any decree, order or acts issued by the President
or his duly designated representative or by public servants pursuant to his decrees and
orders issued under Proclamation No. 1081.
In the light of the foregoing pronouncements, the electoral protest case herein
involved has remained a justiciable controversy. No political question has ever been
interwoven into this case. Nor is there any act of the incumbent President or the Legislative
Department to be indirectly reviewed or interfered with if the respondent Judge decides the
election protest. The term “political question” connotes what it means in ordinary
parlance, namely, a question of policy. It refers to those questions which under the
Constitution, are to be decided by the people in their sovereign capacity; or in regard to
which full discretionary authority has been delegated to the legislative or executive branch
of the government. It is concerned with issues dependent upon the wisdom, not legality, of a
particular measure”.
The term has been made applicable to controversies clearly non-judicial and
therefore beyond its jurisdiction or to an issue involved in a case appropriately subject to its
cognizance, as to which there has been a prior legislative or executive determination to
which deference must be paid. Political questions should refer to such as would under the
Constitution be decided by the people in their sovereign capacity or in regard to which full
discretionary authority is vested either in the President or Congress. It is thus beyond the
competence of the judiciary to pass upon.
Facts:
After the 1955 national elections, the membership in the Senate was overwhelmingly
occupied by the Nacionalista Party. The lone opposition senator was Lorenzo Tañada who
belonged to the Citizen’s Party. Diosdado Macapagal on the other hand was a senatorial
candidate who lost the bid but was contesting it before the Senate Electoral Tribunal (SET).
But prior to a decision the SET would have to choose its members. It is provided that the SET
should be composed of 9 members comprised of the following: 3 justices of the Supreme
Court, 3 senators from the majority party and 3 senators from the minority party. But since
there is only one minority senator the other two SET members supposed to come from the
minority were filled in by the NP. Tañada assailed this process before the Supreme Court. So
did Macapagal because he deemed that if the SET would be dominated by NP senators then
he, as a member of the Liberalista Party will not have any chance in his election contest.
Senator Mariano Cuenco et al (members of the NP) averred that the Supreme Court cannot
take cognizance of the issue because it is a political question. Cuenco argued that the power
to choose the members of the SET is vested in the Senate alone and the remedy for Tañada
and Macapagal was not to raise the issue before judicial courts but rather to leave it before
the bar of public opinion.
Issue:
Ruling:
No. The SC took cognizance of the case and ruled that the issue is a justiciable question. The
term Political Question connotes what it means in ordinary parlance, namely, a question of
policy. It refers to those questions which, under the Constitution, are to be decided by the
people in their sovereign capacity; or in regard to which full discretionary authority has been
delegated to the legislative or executive branch of the government. It is concerned with
issues dependent upon the wisdom, not legality, of a particular measure.
In this case, the issue at bar is not a political question. The Supreme Court is not being asked
by Tañada to decide upon the official acts of Senate. The issue being raised by Tañada was
whether or not the elections of the 5 NP members to the SET are valid – which is a judicial
question. Note that the SET is a separate and independent body from the Senate which does
not perform legislative acts.
The nomination of the last two members (who would fill in the supposed seat of the minority
members) must not come from the majority party. In this case, the Chairman of the SET,
apparently already appointed members that would fill in the minority seats (even though
those will come from the majority party). This is still valid provided the majority members
of the SET (referring to those legally sitting) concurred with the Chairman. Besides, the SET
may set its own rules in situations like this provided such rules comply with the Constitution.
Sanidad v. Comelec 73 SCRA 333
Facts:
On 2 September 1976, President Ferdinand E. Marcos issued
Presidential Decree 991 calling for a national referendum on 16 October 1976
for the Citizens Assemblies ("barangays") to resolve, among other things, the
issues of martial law, the interim assembly, its replacement, the powers of such
replacement, the period of its existence, the length of the period for the exercise by the
President of his present powers.
On the same date of 22 September 1976, the President issued Presidential Decree 1033,
stating the questions to he submitted to the people in the referendum-plebiscite
on 16 October 1976. The Decree recites in its "whereas" clauses that the people's
continued opposition to the convening of the interim National Assembly evinces their
desire to have such body abolished and replaced thru a constitutional
amendment, providing for a new interim legislative body, which will be
submitted directly to the people in the referendum-plebiscite of October 16.
The Commission on Elections was vested with the exclusive supervision and control of the
October 1976 National Referendum-Plebiscite. On 27 September 1976, Pablo C.
Sanidad and Pablito V. Sanidad, father and son, commenced L-44640 for Prohibition with
Preliminary Injunction seeking toenjoin the Commission on Elections from holding
and conducting the Referendum Plebiscite on October 16; to declare without
force and effect Presidential Decree Nos. 991 and 1033, insofar as they propose
amendments to the Constitution, as well as Presidential Decree 1031, insofar as
it directs the Commission on Elections to supervise, control, hold,
and conduct the Referendum-Plebiscite scheduled on 16 October 1976. They contend
that under the 1935 and 1973
Constitutionst h e r e i s n o g r a n t t o t h e i n c u m b e n t P r e s i d e n t t o e x e r c i
s e t h e c o n s t i t u e n t p o w e r t o p r o p o s e amendments to the new Constitution.
Issue:
Whether the President may call upon a referendum for the amendment of the Constitution.
Ruling:
Section 1 of Article XVI of the
1 9 7 3 C o n s t i t u t i o n o n A m e n d m e n t s o r d a i n s t h a t " ( 1 ) A n y amendment to, or
revision of, this Constitution may be proposed by the National Assembly upon a vote of three-
fourths of all its Members, or by a constitutional convention. (2) The National Assembly may,
by a vote of two-thirds of all its Members, call a constitutional convention or, by a majority
voteof all its Members, submit the question of calling such a convention to the electorate in
an election.
"Section 2 thereof provides that "Any amendment to, or revision of, this
Constitution shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not later than three months a after the approval of such
amendment or revision." In the present period of transition, the interim National
Assembly instituted in the Transitory Provisions is conferred with that amending
power. Section 15 of the Transitory Provisions reads "The interim National Assembly, upon
special call by the interim Prime Minister, may, by a majority vote of all its Members, propose
amendments to this Constitution. Such amendments shall take effect when ratified
in accordance with Article Sixteen hereof." There are, therefore, two periods
contemplated in the constitutional life of the nation, i.e., period of normalcy and
period of transition. In times of normalcy, the amending process may be initiated by the
proposals of the (1) regular National Assembly upon a vote of three-fourths of a l l i t s
members; or (2) by a Constitutional Convention called by a vote of two-
t h i r d s o f a l l t h e Members of the National Assembly. However the calling of a
Constitutional Convention may be submitted to the electorate in an election
voted upon by a majority vote of all the members of the National Assembly. In times
of transition, amendments may be proposed by a majority vote of all the Members of the
interim National Assembly upon special call by the interim Prime Minister. The Court
in Aquino v. COMELEC, had already settled that the
i n c u m b e n t P r e s i d e n t i s v e s t e d w i t h t h a t prerogative of discretion as to
when he shall initially convene the interim National Assembly. The Constitutional
Convention intended to leave to the President the determination of the time when he shall
initially convene the interim National Assembly, consistent with the prevailing
conditions of peace and order in the country. When the Delegates to the Constitutional
Convention voted on the Transitory Provisions, they were aware of the fact that under the
same, the incumbent President was given the discretion as to when he could convene
the interim National Assembly. The President's decision to defer the convening of the
interim National Assembly soon found support from the
peoplet h e m s e l v e s . I n t h e p l e b i s c i t e o f J a n u a r y 1 0 -
1 5 , 1 9 7 3 , a t w h i c h t h e r a t i f i c a t i o n o f t h e 1 9 7 3 Constitution was s
ubmitted, the people voted against the convening of the interim Nation
a l Assembly. In the referendum of 24 July 1973, the Citizens Assemblies ("bagangays")
reiterated their sovereign will to withhold the convening of the interim National Assembly.
Again, in the referendum of 27 February 1975, the proposed question of whether
the interim National Assembly shall be initially convened was eliminated, because
some of the members of Congress and delegates of the
Constitutional Convention, who were deemed automatically members o
f t h e i n t e r i m N a t i o n a l Assembly, were against its inclusion since in that
referendum of January, 1973 the people had already resolved against it. In sensu
striciore, when the legislative arm of the state undertakes the proposals of
amendment to a Constitution, that body is not in the usual function of lawmaking. It is not
legislating when engaged in the amending process. Rather, it is exercising a
peculiar power bestowed upon it by the fundamental charter itself. In the Philippines, that
power is provided for Article XVI of the 1973 Constitution (for the regular National
Assembly) or in Section 15 of the Transitory Provisions (for the interim National
Assembly). While ordinarily it is the business of the legislating body to legislate
for the nation by virtue of constitutional conferment, amending of
theC o n s t i t u t i o n i s n o t l e g i s l a t i v e i n c h a r a c t e r . I n p o l i t i c a l s c i e n c e a d i s
t i n c t i o n i s m a d e b e t w e e n constitutional content of an organic character and
that of a legislative character. The distinction, however, is one of policy, not of law.
Such being the case, approval of the President of any proposed amendment is a misnomer.
The prerogative of the President to approve or disapprove applies only to the ordinary cases
of legislation. The President has nothing to do with proposition or adoption of amendments
to the Constitution.
Facts:
The House of Representatives. Twenty four members of the Liberal Party formally
resigned from that party and joined the LDP, thereby swelling its number to 159 and
correspondingly reducing their former party to only 17 members.
The petitioner came to the Supreme Court to challenge his removal from the
Commission on Appointments and the assumption of his seat by the respondent. Acting
initially on his petition for prohibition and injunction with preliminary injunction, we issued
a temporary restraining order that same day to prevent both the petitioner and the
respondent from serving in the Commission on Appointments.
Briefly stated, the contention of the petitioner is that he cannot be removed from the
Commission on Appointments because his election thereto is permanent. His claim is that
the reorganization of the House representation in the said body is not based on a permanent
political realignment because the LDP is not a duly registered political party and has not yet
attained political stability.
Issue:
whether the question raised by the petitioner is political in nature and so beyond
the jurisdiction of the Supreme Court
Held:
No. The Court has the competence to act on the matter at bar. The issue involved is
not a discretionary act of the House of Representatives that may not be reviewed by us
because it is political in nature. What is involved here is the legality, not the wisdom, of the
act of that chamber in removing the petitioner from the Commission on Appointments.
The term political question connotes, in legal parlance, what it means in ordinary
parlance, namely, a question of policy. In other words, it refers to those questions which,
under the Constitution, are to be decided by the people in their sovereign capacity, or in
regard to which full discretionary authority has been delegated to the Legislature or
executive branch of the Government. It is concerned with issues dependent upon the
wisdom, not legality, of a particular measure.
Even if we were to assume that the issue presented before us was political in nature,
we would still not be precluded from resolving it under the expanded jurisdiction conferred
upon us that now covers, in proper cases, even the political question. Article VII, Section 1,
of the Constitution clearly provides:
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law.
Judicial power includes the duty of the 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 the Government.
Abakada Guro Party List v. Hon. Cesar V. Purisima, August 14, 2008
Facts:
Petitioners seeks to prevent respondents from implementing and enforcing Republic Act (RA) 9335. R.A.
9335 was enacted to optimize the revenue-generation capability and collection of the Bureau of Internal
Revenue (BIR) and the Bureau of Customs (BOC). The law intends to encourage BIR and BOC officials
and employees to exceed their revenue targets by providing a system of rewards and sanctions through
the creation of a Rewards and Incentives Fund (Fund) and a Revenue Performance Evaluation Board
(Board). It covers all officials and employees of the BIR and the BOC with at least six months of service,
regardless of employment status.
Petitioners, invoking their right as taxpayers filed this petition challenging the constitutionality of RA
9335, a tax reform legislation. They contend that, by establishing a system of rewards and incentives, the
law “transforms the officials and employees of the BIR and the BOC into mercenaries and bounty
hunters” as they will do their best only in consideration of such rewards. Thus, the system of rewards
and incentives invites corruption and undermines the constitutionally mandated duty of these officials
and employees to serve the people with utmost responsibility, integrity, loyalty and efficiency.
Petitioners also claim that limiting the scope of the system of rewards and incentives only to officials
and employees of the BIR and the BOC violates the constitutional guarantee of equal protection. There is
no valid basis for classification or distinction as to why such a system should not apply to officials and
employees of all other government agencies.
In addition, petitioners assert that the law unduly delegates the power to fix revenue targets to the
President as it lacks a sufficient standard on that matter. While Section 7(b) and (c) of RA 9335 provides
that BIR and BOC officials may be dismissed from the service if their revenue collections fall short of the
target by at least 7.5%, the law does not, however, fix the revenue targets to be achieved. Instead, the
fixing of revenue targets has been delegated to the President without sufficient standards. It will
therefore be easy for the President to fix an unrealistic and unattainable target in order to dismiss BIR
or BOC personnel.
Finally, petitioners assail the creation of a congressional oversight committee on the ground that it
violates the doctrine of separation of powers. While the legislative function is deemed accomplished and
completed upon the enactment and approval of the law, the creation of the congressional oversight
committee permits legislative participation in the implementation and enforcement of the law.
Issues:
1. Whether or not the scope of the system of rewards and incentives limitation to officials and
employees of the BIR and the BOC violates the constitutional guarantee of equal protection.
2. Whether or not there was an unduly delegation of power to fix revenue targets to the President.
3. Whether or not the doctrine of separation of powers has been violated in the creation of a
congressional oversight committee.
Discussions:
1. The Court referred to the ruling of Victoriano v. Elizalde Rope Workers’ Union, which states that “the
guaranty of equal protection of the laws is not a guaranty of equality in the application of the laws
upon all citizens of the State.
The equal protection of the laws clause of the Constitution allows classification. Classification in law, as
in the other departments of knowledge or practice, is the grouping of things in speculation or practice
because they agree with one another in certain particulars. A law is not invalid because of simple
inequality. The very idea of classification is that of inequality, so that it goes without saying that the
mere fact of inequality in no manner determines the matter of constitutionality.
The Court has held that the standard is satisfied if the classification or distinction is based on a
reasonable foundation or rational basis and is not palpably arbitrary. “
2. To determine the validity of delegation of legislative power, it needs the following: (1) the
completeness test and (2) the sufficient standard test. A law is complete when it sets forth therein
the policy to be executed, carried out or implemented by the delegate. It lays down a sufficient
standard when it provides adequate guidelines or limitations in the law to map out the boundaries
of the delegate’s authority and prevent the delegation from running riot. To be sufficient, the
standard must specify the limits of the delegate’s authority, announce the legislative policy and
identify the conditions under which it is to be implemented.
3. Based from the ruling under Macalintal v. Commission on Elections, it is clear that congressional
oversight is not unconstitutional per se, meaning, it neither necessarily constitutes an encroachment
on the executive power to implement laws nor undermines the constitutional separation of powers.
Rather, it is integral to the checks and balances inherent in a democratic system of government. It
may in fact even enhance the separation of powers as it prevents the over-accumulation of power in
the executive branch.
Rulings:
1. The equal protection clause recognizes a valid classification, that is, a classification that has a
reasonable foundation or rational basis and not arbitrary.22 With respect to RA 9335, its expressed
public policy is the optimization of the revenue-generation capability and collection of the BIR and
the BOC.23 Since the subject of the law is the revenue- generation capability and collection of the BIR
and the BOC, the incentives and/or sanctions provided in the law should logically pertain to the said
agencies. Moreover, the law concerns only the BIR and the BOC because they have the common
distinct primary function of generating revenues for the national government through the collection
of taxes, customs duties, fees and charges.
Both the BIR and the BOC principally perform the special function of being the instrumentalities through
which the State exercises one of its great inherent functions – taxation. Indubitably, such substantial
distinction is germane and intimately related to the purpose of the law. Hence, the classification and
treatment accorded to the BIR and the BOC under R.A. 9335 fully satisfy the demands of equal
protection.
2. R.A. 9335 adequately states the policy and standards to guide the President in fixing revenue targets
and the implementing agencies in carrying out the provisions of the law under Sec 2 and 4 of the
said Act. Moreover, the Court has recognized the following as sufficient standards: “public interest,”
“justice and equity,” “public convenience and welfare” and “simplicity, economy and welfare.”33 In
this case, the declared policy of optimization of the revenue-generation capability and collection of
the BIR and the BOC is infused with public interest.
3. The court declined jurisdiction on this case. The Joint Congressional Oversight Committee in RA
9335 was created for the purpose of approving the implementing rules and regulations (IRR)
formulated by the DOF, DBM, NEDA, BIR, BOC and CSC. On May 22, 2006, it approved the said IRR.
From then on, it became functus officio and ceased to exist. Hence, the issue of its alleged
encroachment on the executive function of implementing and enforcing the law may be considered
moot and academic.
DELEGATION OF POWERS
Facts:
The President issued an EO which imposed, across the board, including crude oil and other
oil products, additional duty ad valorem. The Tariff Commission held public hearings
on said EO and submitted a report to the President for consideration and
appropriate action. The President, on the other hand issued an EO which levied
a special duty of P0.95 per liter of imported crude oil and P1.00 per liter of imported oil
products.
Issue:
Whether or not the President may issue an EO which is tantamount to enacting a bill in the
nature of revenue-generating measures?
Ruling:
The Court said that although the enactment of appropriation, revenue and tariff
bills is within the province of the Legislative, it does not follow that EO in
question, assuming they may be characterized as revenue measure are prohibited
to the President, that they must be enacted instead by Congress. Section 28 of
Article VI of the 1987 Constitution provides:
“The Congress may, by law authorize the President to fix… tariff rates and other duties or
imposts…”
The relevant Congressional statute is the Tariff and Customs Code of the Philippines and
Sections 104 and 401, the pertinent provisions thereof.
Mariano Cu Unjieng was convicted by the trial court in Manila. He filed for
reconsideration and four motions for new trial but all were denied. He then elevated
to the Supreme Court and the Supreme Court remanded the appeal to the lower
court for a new trial. While awaiting new trial, he appealed for probation alleging
that the he is innocent of the crime he was convicted of. The Judge of the Manila CFI
directed the appeal to the Insular Probation Office. The IPO denied the application.
However, Judge Vera upon another request by petitioner allowed the petition to be
set for hearing. The City Prosecutor countered alleging that Vera has no power to
place Cu Unjieng under probation because it is in violation of Sec. 11 Act No. 4221
which provides that the act of Legislature granting provincial boards the power to
provide a system of probation to convicted person. Nowhere in the law is stated that
the law is applicable to a city like Manila because it is only indicated therein that
only provinces are covered. And even if Manila is covered by the law it is
unconstitutional because Sec 1 Art 3 of the Constitution provides equal protection of
laws. The said law provides absolute discretion to provincial boards and this also
constitutes undue delegation of power. Further, the said probation law may be an
encroachment of the power of the executive to provide pardon because providing
probation, in effect, is granting freedom, as in pardon.
Issues:
1. Whether or not Act No. 4221 constituted an undue delegation of legislative power
2. Whether or not the said act denies the equal protection of the laws
Discussions:
1. An act of the legislature is incomplete and hence invalid if it does not lay down any rule
or definite standard by which the administrative officer or board may be guided in the
exercise of the discretionary powers delegated to it. The probation Act does not, by the
force of any of its provisions, fix and impose upon the provincial boards any standard or
guide in the exercise of their discretionary power. What is granted, as mentioned by
Justice Cardozo in the recent case of Schecter, supra, is a “roving commission” which
enables the provincial boards to exercise arbitrary discretion. By section 11 if the Act,
the legislature does not seemingly on its own authority extend the benefits of the
Probation Act to the provinces but in reality leaves the entire matter for the various
provincial boards to determine.
2. The equal protection of laws is a pledge of the protection of equal laws. The classification
of equal protection, to be reasonable, must be based on substantial distinctions which
make real differences; it must be germane to the purposes of the law; it must not be
limited to existing conditions only, and must apply equally to each member of the class.
FACTS:
A Chief Officer of a ship was killed in an accident in Japan. The widow filed a complaint for
charges against the Eastern Shipping Lines with POEA, based on a Memorandum Circular No.
2, issued by the POEA which stipulated death benefits and burial for the family of overseas
workers. ESL questioned the validity of the memorandum circular as violative of the
principle of non-delegation of legislative power. It contends that no authority had been given
the POEA to promulgate the said regulation; and even with such authorization, the regulation
represents an exercise of legislative discretion which, under the principle, is not subject to
delegation. Nevertheless, POEA assumed jurisdiction and decided the case.
ISSUE:
Whether or not the Issuance of Memorandum Circular No. 2 is a violation of non-delegation
of powers?
RULING:
No. SC held that there was a valid delegation of powers.
The authority to issue the said regulation is clearly provided in Section 4(a) of Executive
Order No. 797. ... "The governing Board of the Administration (POEA), as hereunder provided
shall promulgate the necessary rules and regulations to govern the exercise of the
adjudicatory functions of the Administration (POEA)."
It is true that legislative discretion as to the substantive contents of the law cannot be
delegated. What can be delegated is the discretion to determine how the law may be
enforced, not what the law shall be. The ascertainment of the latter subject is a prerogative
of the legislature. This prerogative cannot be abdicated or surrendered by the legislature to
the delegate.
The reasons given above for the delegation of legislative powers in general are particularly
applicable to administrative bodies. With the proliferation of specialized activities and their
attendant peculiar problems, the national legislature has found it more and more necessary
to entrust to administrative agencies the authority to issue rules to carry out the general
provisions of the statute. This is called the "power of subordinate legislation."
With this power, administrative bodies may implement the broad policies laid down in a
statute by "filling in' the details which the Congress may not have the opportunity or
competence to provide. This is effected by their promulgation of what are known as
supplementary regulations, such as the implementing rules issued by the Department of
Labor on the new Labor Code. These regulations have the force and effect of law.
There are two accepted tests to determine whether or not there is a valid delegation of
legislative power:
1. Completeness test - the law must be complete in all its terms and conditions when
it leaves the legislature such that when it reaches the delegate the only thing he will
have to do is enforce it.
2. Sufficient standard test - there must be adequate guidelines or stations in the law
to map out the boundaries of the delegate's authority and prevent the delegation
from running riot.
Both tests are intended to prevent a total transference of legislative authority to the delegate,
who is not allowed to step into the shoes of the legislature and exercise a power essentially
legislative.
Facts:
Petitioner transported 6 caracbaos from Masbate to Iloilo in 1984 and these were
confiscated by the station commander in Barotac, Iloilo for violating E.O. 626 A which
prohibits transportation of a carabao or carabeef from one province to
another. Confiscation will be a result of this.
The petitioner sued for recovery, and the Regional Trial Court of Iloilo City issued a writ of
replevin upon his filing of a supersedeas bond of P12,000.00. After considering the merits of
the case, the court sustained the confiscation of the carabaos and, since they could no longer
be produced, ordered the confiscation of the bond. The court also declined to rule on the
constitutionality of the executive order, as raise by the petitioner, for lack of authority and
also for its presumed validity.
Issue:
The lower courts are not prevented from examining the constitutionality of a law.
Constitutional grant to the supreme court to review.
Justice Laurel's said, “courts should not follow the path of least resistance by simply
presuming the constitutionality of a law when it is questioned. On the contrary, they should
probe the issue more deeply, to relieve the abscess, and so heal the wound or excise the
affliction.”
Provisions of the constitution should be cast in precise language to avoid controvery. In the
due process clause, however, the wording was ambiguous so it would remain resilient. This
was due to the avoidance of an “iron rule “laying down a stiff command for all circumstances.
There was flexibility to allow it to adapt to every situation with varying degrees at protection
for the changing conditions.
Courts have also refrained to adopt a standard definition for due processlest they be confined
to its interpretation like a straitjacket.
There must be requirements of notice and hearing as a safeguard against arbitrariness.
There are exceptions such as conclusive presumption which bars omission of contrary
evidence as long as such presumption is based on human experience or rational connection
between facts proved and fact presumed. An examplesis a passport of a person with
a criminal offense cancelled without hearing.
The protection of the general welfare is the particular function of police power which both
restrains and is restrained bydure process. This power was invoked in 626-A, in addition to
626 which prohibits slaughter of carabos with an exception. While 626-A has the same lawful
subjectas the original executive order, it can’t be said that it complies with the existence of a
lawful method. The transport prohibition and the purpose sought has a gap.Summary action
may be taken in valid admin proceedings as procedural due process is not juridical only due
to the urgency needed to correct it.
There was no reason why the offense in the E.O. would not have been proved in a court of
justice with the accused acquired the rights in the constitution. The challenged measure was
an invalid exercise of police power because the method to confiscate carabos was oppressive.
Due process was violated because the owener was denied the right to be heard or his defense
and punished immediately. This was a clear encroachment on judicial functions and against
the separataion of powers. The policeman wasn’t liable for damages since the law during
that time was valid.
Facts:
Teresita Tablarin, Ma. Luz Ciriaco, Ma. Nimfa B. Rovira, and Evangelina S. Labao sought
admission into colleges or schools of medicine for the school year 1987-1988. However, they
either did not take or did not successfully take the National Medical Admission Test (NMAT)
required by the Board of Medical Education and administered by the Center for Educational
Measurement (CEM). On 5 March 1987, Tablarin, et. al., in behalf of applicants for admission
into the Medical Colleges who have not taken up or successfully hurdled the NMAT, filed with
the Regional Trial Court (RTC), National Capital Judicial Region, a Petition for Declaratory
Judgment and Prohibition with a prayer for Temporary Restraining Order (TRO) and
Preliminary Injunction, to enjoin the Secretary of Education, Culture and Sports, the Board
of Medical Education and the Center for Educational Measurement from enforcing Section 5
(a) and (f) of Republic Act 2382, as amended, and MECS Order 52 (series of 1985), dated 23
August 1985 [which established a uniform admission test (NMAT) as an additional
requirement for issuance of a certificate of eligibility for admission into medical schools of
the Philippines, beginning with the school year 1986-1987] and from requiring the taking
and passing of the NMAT as a condition for securing certificates of eligibility for admission,
from proceeding with accepting applications for taking the NMAT and from administering
the NMAT as scheduled on 26 April 1987 and in the future. After hearing on the petition for
issuance of preliminary injunction, the trial court denied said petition on 20 April 1987. The
NMAT was conducted and administered as previously scheduled. Tablarin, et. al. accordingly
filed a Special Civil Action for Certiorari with the Supreme Court to set aside the Order of the
RTC judge denying the petition for issuance of a writ of preliminary injunction.
Issue: Whether NMAT requirement for admission to medical colleges contravenes the
Constitutional guarantee for the accessibility of education to all, and whether such regulation
is invalid and/or unconstitutional.
Ruling: No. Republic Act 2382, as amended by Republic Acts 4224 and 5946, known as the
“Medical Act of 1959″ defines its basic objectives to govern (a) the standardization and
regulation of medical education; (b) the examination for registration of physicians; and (c)
the supervision, control and regulation of the practice of medicine in the Philippines. The
Statute created a Board of Medical Education and prescribed certain minimum requirements
for applicants to medical schools. The State is not really enjoined to take appropriate steps
to make quality education “accessible to all who might for any number of reasons wish to
enroll in a professional school but rather merely to make such education accessible to all
who qualify under “fair, reasonable and equitable admission and academic requirements.”
The regulation of the practice of medicine in all its branches has long been recognized as a
reasonable method of protecting the health and safety of the public. The power to regulate
and control the practice of medicine includes the power to regulate admission to the ranks
of those authorized to practice medicine. Legislation and administrative regulations
requiring those who wish to practice medicine first to take and pass medical board
examinations have long ago been recognized as valid exercises of governmental power.
Similarly, the establishment of minimum medical educational requirements for admission to
the medical profession, has also been sustained as a legitimate exercise of the regulatory
authority of the state.
.
Pelaez v. Auditor General 15 SCRA 569
Facts:
During the period from September 4 to October 29, 1964 the President of the Philippines,
purporting to act pursuant to Section 68 of the Revised Administrative Code, issued
Executive Orders Nos. 93 to 121, 124 and 126 to 129; creating thirty-three (33)
municipalities enumerated in the margin. Soon after the date last mentioned, or on
November 10, 1964 petitioner Emmanuel Pelaez, as Vice President of the Philippines and as
taxpayer, instituted the present special civil action, for a writ of prohibition with preliminary
injunction, against the Auditor General, to restrain him, as well as his representatives and
agents, from passing in audit any expenditure of public funds in implementation of said
executive orders and/or any disbursement by said municipalities.
Petitioner alleges that said executive orders are null and void, upon the ground that said
Section 68 has been impliedly repealed by Republic Act No. 2370 effective January 1, 1960
and constitutes an undue delegation of legislative power. The third paragraph of Section 3 of
Republic Act No. 2370, reads:
Barrios shall not be created or their boundaries altered nor their names changed except
under the provisions of this Act or by Act of Congress.
Respondent herein relies upon Municipality of Cardona vs. Municipality of Binañgonan
Issue:
Whether or not the President, who under this new law cannot even create a barrio, can create
a municipality which is
composed of several barrios, since barrios are units of municipalities?
Ruling:
On Cardona vs Municipality of Binangonan, such claim is untenable, for said case involved,
not the creation of a new municipality, but a mere transfer of territory — from an already
existing municipality (Cardona) to another municipality (Binañgonan), likewise, existing at
the time of and prior to said transfer. It is obvious, however, that, whereas the power to fix
such common boundary, in order to avoid or settle conflicts of jurisdiction between adjoining
municipalities, may partake of an administrative nature — involving, as it does, the adoption
of means and ways to carry into effect the law creating said municipalities — the authority
to create municipal corporations is essentially legislative in nature. In the language of other
courts, it is “strictly a legislative function” or “solely and exclusively the exercise of legislative
power”
Although Congress may delegate to another branch of the Government the power to fill in
the details in the execution, enforcement or administration of a law, it is essential, to forestall
a violation of the principle of separation of powers, that said law: (a) be complete in itself
— it must set forth therein the policy to be executed, carried out or implemented by
the delegate2 — and (b) fix a standard — the limits of which are sufficiently
determinate or determinable — to which the delegate must conform in the
performance of his functions. Indeed, without a statutory declaration of policy, the
delegate would in effect, make or formulate such policy, which is the essence of every law;
and, without the aforementioned standard, there would be no means to determine, with
reasonable certainty, whether the delegate has acted within or beyond the scope of his
authority. Hence, he could thereby arrogate upon himself the power, not only to make the
law, but, also — and this is worse — to unmake it, by adopting measures inconsistent with
the end sought to be attained by the Act of Congress, thus nullifying the principle of
separation of powers and the system of checks and balances, and, consequently,
undermining the very foundation of our Republican system.
Section 68 of the Revised Administrative Code does not meet these well settled requirements
for a valid delegation of the power to fix the details in the enforcement of a law. It does not
enunciate any policy to be carried out or implemented by the President. Neither does it give
a standard sufficiently precise to avoid the evil effects above referred to.
The power of control under the provision Section 10 (1) of Article VII of the Consti implies
the right of the President to interfere in the exercise of such discretion as may be vested by
law in the officers of the executive departments, bureaus, or offices of the national
government, as well as to act in lieu of such officers. This power is denied by the Constitution
to the Executive, insofar as local governments are concerned. With respect to the latter, the
fundamental law permits him to wield no more authority than that of checking whether said
local governments or the officers thereof perform their duties as provided by statutory
enactments. Hence, the President cannot interfere with local governments, so long as the
same or its officers act Within the scope of their authority. He may not enact an ordinance
which the municipal council has failed or refused to pass, even if it had thereby violated a
duty imposed thereto by law, although he may see to it that the corresponding provincial
officials take appropriate disciplinary action therefor. Neither may he vote, set aside or annul
an ordinance passed by said council within the scope of its jurisdiction, no matter how
patently unwise it may be. He may not even suspend an elective official of a regular
municipality or take any disciplinary action against him, except on appeal from a decision of
the corresponding provincial board.
Upon the other hand if the President could create a municipality, he could, in effect,
remove any of its officials, by creating a new municipality and including therein the
barrio in which the official concerned resides, for his office would thereby become
vacant. Thus, by merely brandishing the power to create a new municipality (if he had
it), without actually creating it, he could compel local officials to submit to his
dictation, thereby, in effect, exercising over them the power of control denied to him
by the Constitution.
Pacific Stream Laundry Inc. v. Laguna Lake Devt. Authority, Dec. 18, 2009
Facts:
Petitioner Pacific Steam Laundry, Inc. (petitioner) is a company engaged in the business of laundry services.
On 6 June 2001, the Environmental Management Bureau of the Department of Environment and Natural
Resources (DENR) endorsed to respondent Laguna Lake Development Authority (LLDA) the inspection
report on the complaint of black smoke emission from petitioner’s plant located at 114 Roosevelt
Avenue, Quezon City. On 22 June 2001, LLDA conducted an investigation and found that untreated
wastewater generated from petitioner’s laundry washing activities was discharged directly to
the San Francisco Del Monte River. Furthermore, the Investigation Report stated that
petitioner’s plant was operating without LLDA clearance, AC/PO-ESI, and Discharge Permit from
LLDA. On 5 September 2001,the Environmental Quality Management Division of LLDA conducted
wastewater sampling of petitioner’s effluent. The result of the laboratory analysis showed non-
compliance with effluent standards particularly Total Suspended Solids (TSS), Biochemical Oxygen Demand
(BOD), Oil/Grease Concentration and Color Units. Consequently, LLDA issued to petitioner a Notice of
Violation. Petitioner submitted its application for LLDA Clearance and Discharge Permit and informed LLDA
that it would undertake the necessary measures to abate the water pollution. No compliance followed. It was
reported that petitioner’s wastewater treatment facility was under construction. Subsequently,
another wastewater sampling was conducted but the results still failed.
A Pollution Control and Abatement case was filed against petitioner before the LLDA. Petitioner requested
another test. This time, it showed compliance. Respondent prayed that the Notice of Violation issued on 30
October 2001 and its corresponding daily penalty beset aside and that the imposable penalty be reckoned
from the date of actual hearing and not on 5 September 2001. It is respondent’s position that the
Notice of Violation and the imposition of the penalty had no legal and factual basis because it had already
installed the necessary wastewater treatment to abate the water pollution. This Public Hearing
Committee finds respondent’s arguments devoid of merit. Presidential Decree No. 984 prohibits
the discharge of pollutive wastewater and any person found in violation thereof shall pay a fine not
exceeding five thousand pesos (PhP5,000.00) [sic] forevery day during which such violation continues. The
mere discharge of wastewater not conforming with the effluent standard is the violation referred to in PD
No. 984.CA held that LLDA has the power to impose fines.
Issue:
Whether or not LLDA have the implied power to impose fines as set forth in PD 984?
Ruling:
YES.
Petitioner asserts that LLDA has no power to impose fines since such power to impose penal sanctions,
which was once lodged with the National Pollution Control Commission (NPCC), is now assumed by the
Pollution Adjudication Board pursuant to Executive Order No. 192 (EO 192). SC disagree. Presidential
Decree No. 984 (PD 984) created and established the NPCC under the Office of the President. EO 192, which
reorganized the DENR, created the Pollution Adjudication Board under the Office of the DENR Secretary
which assumed the powers and functions of the NPCC with respect to adjudication of pollution cases.
Under Executive Order No. 927 (EO 927), LLDA is granted additional powers and functions to effectively
perform its role and to enlarge its prerogatives of monitoring, licensing and enforcement.
Under Section 4(h) of EO 927, LLDA may "exercise such powers and perform such other functions as may
be necessary to carry out its duties and responsibilities." In Laguna Lake Development Authority v. Court of
Appeals, the Court upheld the power of LLDA to issue an ex-parte cease and desist order even if such
power is not expressly conferred by law, holding that an administrative agency has also such powers as are
necessarily implied in the exercise of its express powers. The Court ruled that LLDA, in the exercise of its
express power sunder its charter, as a regulatory and quasi-judicial body with respect to pollution cases in
the Laguna Lake region, has the implied authority to issue a "cease and desist order." In the same manner,
we hold that the LLDA has the power to impose fines in the exercise of its function asa regulatory and quasi-
judicial body with respect to pollution cases in the Laguna Lake region.
LEGISLATIVE DEPARTMENT
Republic Act No. 6735 August 4, 1989
AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND APPROPRIATING FUNDS
THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
I. — General Provisions
Section 1. Title. — This Act shall be known as "The Initiative and Referendum Act."
Section 2. Statement of Policy. — The power of the people under a system of initiative and referendum
to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or
resolutions passed by any legislative body upon compliance with the requirements of this Act is hereby
affirmed, recognized and guaranteed.
Section 3. Definition of Terms. — For purposes of this Act, the following terms shall mean:
(a) "Initiative" is the power of the people to propose amendments to the Constitution or to propose and
enact legislations through an election called for the purpose.
There are three (3) systems of initiative, namely:
a.1 Initiative on the Constitution which refers to a petition proposing amendments to the Constitution;
a.2. Initiative on statutes which refers to a petition proposing to enact a national legislation; and
a.3. Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city,
municipal, or barangay law, resolution or ordinance.
(b) "Indirect initiative" is exercise of initiative by the people through a proposition sent to Congress or
the local legislative body for action.
(c) "Referendum" is the power of the electorate to approve or reject a legislation through an election
called for the purpose. It may be of two classes, namely:
c.1. Referendum on statutes which refers to a petition to approve or reject an act or law, or part
thereof, passed by Congress; and
c.2. Referendum on local law which refers to a petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and local legislative bodies.
(d) "Proposition" is the measure proposed by the voters.
(e) "Plebiscite" is the electoral process by which an initiative on the Constitution is approved or rejected
by the people.
(f) "Petition" is the written instrument containing the proposition and the required number of
signatories. It shall be in a form to be determined by and submitted to the Commission on Elections,
hereinafter referred to as the Commission.
(g) "Local government units" refers to provinces, cities, municipalities and barangays.
(h) "Local legislative bodies" refers to the Sangguniang Panlalawigan, Sangguniang Panlungsod,
Sangguniang Bayan, and Sangguniang Nayon.
(i) "Local executives" refers to the Provincial Governors, City or Municipal Mayors and Punong Barangay,
as the case may be.
Section 4. Who may exercise. — The power of initiative and referendum may be exercised by all
registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays.
Section 5. Requirements. — (a) To exercise the power of initiative or referendum, at least ten per
centum (10%) of the total number of the registered voters, of which every legislative district is
represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for
the purpose and register the same with the Commission.
(b) A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of
the total number of registered voters as signatories, of which every legislative district must be
represented by at least three per centum (3%) of the registered voters therein. Initiative on the
Constitution may be exercised only after five (5) years from the ratification of the 1987 Constitution and
only once every five (5) years thereafter.
(c) The petition shall state the following:
c.1. contents or text of the proposed law sought to be enacted, approved or rejected, amended or
repealed, as the case may be;
c.2. the proposition;
c.3. the reason or reasons therefor;
c.4. that it is not one of the exceptions provided herein;
c.5. signatures of the petitioners or registered voters; and
c.6. an abstract or summary in not more than one hundred (100) words which shall be legibly written or
printed at the top of every page of the petition.
(d) A referendum or initiative affecting a law, resolution or ordinance passed by the legislative assembly
of an autonomous region, province or city is deemed validly initiated if the petition thereof is signed by
at least ten per centum (10%) of the registered voters in the province or city, of which every legislative
district must be represented by at least three per centum (3%) of the registered voters therein;
Provided, however, That if the province or city is composed only of one (1) legislative district, then at
least each municipality in a province or each barangay in a city should be represented by at least three
per centum (3%) of the registered voters therein.
(e) A referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated
if the petition therefor is signed by at least ten per centum (10%) of the registered voters in the
municipality, of which every barangay is represented by at least three per centum (3%) of the registered
voters therein.
(f) A referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if signed
by at least ten per centum (10%) of the registered voters in said barangay.
Section 6. Special Registration. — The Commission on Election shall set a special registration day at
least three (3) weeks before a scheduled initiative or referendum.
Section 7. Verification of Signatures. — The Election Registrar shall verify the signatures on the basis of
the registry list of voters, voters' affidavits and voters identification cards used in the immediately
preceding election.
II. — National Initiative and Referendum
SECTION 8. Conduct and Date of Initiative or Referendum. — The Commission shall call and supervise
the conduct of initiative or referendum.
Within a period of thirty (30) days from receipt of the petition, the Commission shall, upon determining
the sufficiency of the petition, publish the same in Filipino and English at least twice in newspapers of
general and local circulation and set the date of the initiative or referendum which shall not be earlier
than forty-five (45) days but not later than ninety (90) days from the determination by the Commission
of the sufficiency of the petition.
Section 9. Effectivity of Initiative or Referendum Proposition. — (a) The Proposition of the enactment,
approval, amendment or rejection of a national law shall be submitted to and approved by a majority of
the votes cast by all the registered voters of the Philippines.
If, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the
national law proposed for enactment, approval, or amendment shall become effective fifteen (15) days
following completion of its publication in the Official Gazette or in a newspaper of general circulation in
the Philippines. If, as certified by the Commission, the proposition to reject a national law is approved by
a majority of the votes cast, the said national law shall be deemed repealed and the repeal shall become
effective fifteen (15) days following the completion of publication of the proposition and the
certification by the Commission in the Official Gazette or in a newspaper of general circulation in the
Philippines.
However, if the majority vote is not obtained, the national law sought to be rejected or amended shall
remain in full force and effect.
(b) The proposition in an initiative on the Constitution approved by a majority of the votes cast in the
plebiscite shall become effective as to the day of the plebiscite.
(c) A national or local initiative proposition approved by majority of the votes cast in an election called
for the purpose shall become effective fifteen (15) days after certification and proclamation by the
Commission.
Section 10. Prohibited Measures. — The following cannot be the subject of an initiative or referendum
petition:
(a) No petition embracing more than one (1) subject shall be submitted to the electorate; and
(b) Statutes involving emergency measures, the enactment of which are specifically vested in Congress
by the Constitution, cannot be subject to referendum until ninety (90) days after its effectivity.
Section 11. Indirect Initiative. — Any duly accredited people's organization, as defined by law, may file a
petition for indirect initiative with the House of Representatives, and other legislative bodies. The
petition shall contain a summary of the chief purposes and contents of the bill that the organization
proposes to be enacted into law by the legislature.
The procedure to be followed on the initiative bill shall be the same as the enactment of any legislative
measure before the House of Representatives except that the said initiative bill shall have precedence
over the pending legislative measures on the committee.
Section 12. Appeal. — The decision of the Commission on the findings of the sufficiency or insufficiency
of the petition for initiative or referendum may be appealed to the Supreme Court within thirty (30)
days from notice thereof.
III. — Local Initiative and Referendum
SECTION 13. Procedure in Local Initiative. — (a) Not less than two thousand (2,000) registered voters in
case of autonomous regions, one thousand (1,000) in case of provinces and cities, one hundred (100) in
case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly
or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any
law, ordinance or resolution.
(b) If no favorable action thereon is made by local legislative body within (30) days from its presentation,
the proponents through their duly authorized and registered representative may invoke their power of
initiative, giving notice thereof to the local legislative body concerned.
(c) The proposition shall be numbered serially starting from one (1). The Secretary of Local Government
or his designated representative shall extend assistance in the formulation of the proposition.
(d) Two or more propositions may be submitted in an initiative.
(e) Proponents shall have one hundred twenty (120) days in case of autonomous regions, ninety (90)
days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30) days in case
of barangays, from notice mentioned in subsection (b) hereof to collect the required number of
signatures.
(f) The petition shall be signed before the Election Registrar, or his designated representative, in the
presence of a representative of the proponent, and a representative of the regional assemblies and local
legislative bodies concerned in a public place in the autonomous region or local government unit, as the
case may be. Signature stations may be established in as many places as may be warranted.
(g) Upon the lapse of the period herein provided, the Commission on Elections, through its office in the
local government unit concerned shall certify as to whether or not the required number of signatures
has been obtained. Failure to obtain the required number is a defeat of the proposition.
(h) If the required number of the signatures is obtained, the Commission shall then set a date for the
initiative at which the proposition shall be submitted to the registered voters in the local government
unit concerned for their approval within ninety (90) days from the date of certification by the
Commission, as provided in subsection (g) hereof, in case of autonomous regions, sixty (60) days in case
of the provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of
barangays. The initiative shall then be held on the date set, after which the results thereof shall be
certified and proclaimed by the Commission on Elections.
Section 14. Effectivity of Local Propositions. — If the proposition is approved by a majority of the votes
cast, it shall take effect fifteen (15) days after certification by the Commission as if affirmative action
thereon had been made by the local legislative body and local executive concerned. If it fails to obtain
said number of votes, the proposition is considered defeated.
Section 15. Limitations on Local Initiatives. — (a) The power of local initiative shall not be exercised
more than once a year.
(b) Initiative shall extend only to subjects or matters which are within the legal powers of the local
legislative bodies to enact.
(c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition
presented, the initiative shall be cancelled. However, those against such action may, if they so desire,
apply for initiative in the manner herein provided.
Section 16. Limitations Upon Local Legislative Bodies. — Any proposition or ordinance or resolution
approved through the system of initiative and referendum as herein provided shall not be repealed,
modified or amended, by the local legislative body concerned within six (6) months from the date
therefrom, and may be amended, modified or repealed by the local legislative body within three (3)
years thereafter by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of
barangays, the period shall be one (1) year after the expiration of the first six (6) months.
Section 17. Local Referendum. — Notwithstanding the provisions of Section 4 hereof, any local
legislative body may submit to the registered voters of autonomous region, provinces, cities,
municipalities and barangays for the approval or rejection, any ordinance or resolution duly enacted or
approved.
Said referendum shall be held under the control and direction of the Commission within sixty (60) days
in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of
barangays.
The Commission shall certify and proclaim the results of the said referendum.
Section 18. Authority of Courts. — Nothing in this Act shall prevent or preclude the proper courts from
declaring null and void any proposition approved pursuant to this Act for violation of the Constitution or
want of capacity of the local legislative body to enact the said measure.
IV. — Final Provisions
SECTION 19. Applicability of the Omnibus Election Code. — The Omnibus Election Code and other
election laws, not inconsistent with the provisions of this Act, shall apply to all initiatives and referenda.
Section 20. Rules and Regulations. — The Commission is hereby empowered to promulgate such rules
and regulations as may be necessary to carry out the purposes of this Act.
Section 21. Appropriations. — The amount necessary to defray the cost of the initial implementation of
this Act shall be charged against the Contingent Fund in the General Appropriations Act of the current
year. Thereafter, such sums as may be necessary for the full implementation of this Act shall be included
in the annual General Appropriations Act.
Section 22. Separability Clause. — If any part or provision of this Act is held invalid or unconstitutional,
the other parts or provisions thereof shall remain valid and effective.
Section 23. Effectivity. — This Act shall take effect fifteen (15) days after its publication in a newspaper
of general circulation.
REPUBLIC ACT No. 7941
AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST
SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Section 1. Title. This Act shall be known as the "Party-List System Act."
Section 2. Declaration of part y. The State shall promote proportional representation in the election of
representatives to the House of Representatives through a party-list system of registered national,
regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens
belonging to marginalized and under-represented sectors, organizations and parties, and who lack well-
defined political constituencies but who could contribute to the formulation and enactment of
appropriate legislation that will benefit the nation as a whole, to become members of the House of
Representatives. Towards this end, the State shall develop and guarantee a full, free and open party
system in order to attain the broadcast possible representation of party, sectoral or group interests in
the House of Representatives by enhancing their chances to compete for and win seats in the
legislature, and shall provide the simplest scheme possible.
Section 3. Definition of Terms. (a) The party-list system is a mechanism of proportional representation in
the election of representatives to the House of Representatives from national, regional and sectoral
parties or organizations or coalitions thereof registered with the Commission on Elections (COMELEC).
Component parties or organizations of a coalition may participate independently provided the coalition
of which they form part does not participate in the party-list system.
(b) A party means either a political party or a sectoral party or a coalition of parties.
(c) A political party refers to an organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most immediate means
of securing their adoption, regularly nominates and supports certain of its leaders and members as
candidates for public office.
It is a national party when its constituency is spread over the geographical territory of at least a majority
of the regions. It is a regional party when its constituency is spread over the geographical territory of at
least a majority of the cities and provinces comprising the region.
(d) A sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated
in Section 5 hereof whose principal advocacy pertains to the special interest and concerns of their
sector,
(e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share
similar physical attributes or characteristics, employment, interests or concerns.
(f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes.
Section 4. Manifestation to Participate in the Party-List System. Any party, organization, or coalition
already registered with the Commission need not register anew. However, such party, organization, or
coalition shall file with the Commission, not later than ninety (90) days before the election, a
manifestation of its desire to participate in the party-list system.
Section 5. Registration. Any organized group of persons may register as a party, organization or coalition
for purposes of the party-list system by filing with the COMELEC not later than ninety (90) days before
the election a petition verified by its president or secretary stating its desire to participate in the party-
list system as a national, regional or sectoral party or organization or a coalition of such parties or
organizations, attaching thereto its constitution, by-laws, platform or program of government, list of
officers, coalition agreement and other relevant information as the COMELEC may require: Provided,
That the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation.
The COMELEC shall, after due notice and hearing, resolve the petition within fifteen (15) days from the
date it was submitted for decision but in no case not later than sixty (60) days before election.
Section 6. Refusal and/or Cancellation of Registration. The COMELEC may, motu propio or upon verified
complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any
national, regional or sectoral party, organization or coalition on any of the following grounds:
(1) It is a religious sect or denomination, organization or association, organized for religious purposes;
(2) It advocates violence or unlawful means to seek its goal;
(3) It is a foreign party or organization;
(4) It is receiving support from any foreign government, foreign political party, foundation, organization,
whether directly or through any of its officers or members or indirectly through third parties for partisan
election purposes;
(5) It violates or fails to comply with laws, rules or regulations relating to elections;
(6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year; or
(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum
(2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency
in which it has registered.
Section 7. Certified List of Registered Parties. The COMELEC shall, not later than sixty (60) days before
election, prepare a certified list of national, regional, or sectoral parties, organizations or coalitions
which have applied or who have manifested their desire to participate under the party-list system and
distribute copies thereof to all precincts for posting in the polling places on election day. The names of
the part y-list nominees shall not be shown on the certified list.
Section 8. Nomination of Party-List Representatives. Each registered party, organization or coalition shall
submit to the COMELEC not later than forty-five (45) days before the election a list of names, not less
than five (5), from which party-list representatives shall be chosen in case it obtains the required
number of votes.
A person may be nominated in one (1) list only. Only persons who have given their consent in writing
may be named in the list. The list shall not include any candidate for any elective office or a person who
has lost his bid for an elective office in the immediately preceding election. No change of names or
alteration of the order of nominees shall be allowed after the same shall have been submitted to the
COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes
incapacitated in which case the name of the substitute nominee shall be placed last in the list.
Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list
system shall not be considered resigned.
Section 9. Qualifications of Party-List Nominees. No person shall be nominated as party-list
representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the
Philippines for a period of not less than one (1)year immediately preceding the day of the election, able
to read and write, a bona fide member of the party or organization which he seeks to represent for at
least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on
the day of the election.
In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty
(30) years of age on the day of the election. Any youth sectoral representative who attains the age of
thirty (30) during his term shall be allowed to continue in office until the expiration of his term.
Section 10. Manner of Voting. Every voter shall be entitled to two (2) votes: the first is a vote for
candidate for member of the House of Representatives in his legislative district, and the second, a vote
for the party, organizations, or coalition he wants represented in the house of Representatives:
Provided, That a vote cast for a party, sectoral organization, or coalition not entitled to be voted for shall
not be counted: Provided, finally, That the first election under the party-list system shall be held in May
1998.
The COMELEC shall undertake the necessary information campaign for purposes of educating the
electorate on the matter of the party-list system.
Section 11. Number of Party-List Representatives. The party-list representatives shall constitute twenty
per centum (20%) of the total number of the members of the House of Representatives including those
under the party-list.
For purposes of the May 1998 elections, the first five (5) major political parties on the basis of party
representation in the House of Representatives at the start of the Tenth Congress of the Philippines shall
not be entitled to participate in the party-list system.
In determining the allocation of seats for the second vote, the following procedure shall be observed:
(a) The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the
number of votes they garnered during the elections.
(b) The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast
for the party-list system shall be entitled to one seat each: Provided, That those garnering more than
two percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of
votes : Provided, finally, That each party, organization, or coalition shall be entitled to not more than
three (3) seats.
Section 12. Procedure in Allocating Seats for Party-List Representatives. The COMELEC shall tally all the
votes for the parties, organizations, or coalitions on a nationwide basis, rank them according to the
number of votes received and allocate party-list representatives proportionately according to the
percentage of votes obtained by each party, organization, or coalition as against the total nationwide
votes cast for the party-list system.
Section 13. How Party-List Representatives are Chosen. Party-list representatives shall be proclaimed by
the COMELEC based on the list of names submitted by the respective parties, organizations, or coalitions
to the COMELEC according to their ranking in said list.
Section 14. Term of Office. Party-list representatives shall be elected for a term of three (3) years which
shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their
election. No party-list representatives shall serve for more than three (3) consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the
continuity his service for the full term for which he was elected.
Section 15. Change of Affiliation; Effect. Any elected party-list representative who changes his political
party or sectoral affiliation during his term of office shall forfeit his seat: Provided, That if he changes his
political party or sectoral affiliation within six (6) months before an election, he shall not be eligible for
nomination as party-list representative under his new party or organization.
Section 16. Vacancy. In case of vacancy in the seats reserved for party-list representatives, the vacancy
shall be automatically filled by the next representative from the list of nominees in the order submitted
to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If
the list is exhausted, the party, organization coalition concerned shall submit additional nominees.
Section 17. Rights of Party-List Representatives. Party-List Representatives shall be entitled to the same
salaries and emoluments as regular members of the House of Representatives.
Section 18. Rules and Regulations. The COMELEC shall promulgate the necessary rules and regulations
as may be necessary to carry out the purposes of this Act.
Section 19. Appropriations. The amount necessary for the implementation of this Act shall be provided
in the regular appropriations for the Commission on Elections starting fiscal year 1996 under the
General Appropriations Act.
Starting 1995, the COMELEC is hereby authorized to utilize savings and other available funds for
purposes of its information campaign on the party-list system.
Section 20. Separability Clause. If any part of this Act is held invalid or unconstitutional, the other parts
or provisions thereof shall remain valid and effective.
Section 21. Repealing Clause. All laws, decrees, executive orders, rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed.
Section 22. Effectivity. This Act shall take effect fifteen (15) days after its publication in a newspaper of
general circulation.
Tobias vs Abalos, G.R. No. L-114783 case brief summary
December 8, 1994
Facts: Complainants, invoking their right as taxpayers and as residents of Mandaluyong, filed a petition
questioning the constitutionality of Republic Act No. 7675, otherwise known as "An Act Converting the
Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong."
Before the enactment of the law, Mandaluyong and San Juan belonged to the same legislative district.
The petitioners contended that the act is unconstitutional for violation of three provisions of the
constitution. First, it violates the one subject one bill rule. The bill provides for the conversion of
Mandaluyong to HUC as well as the division of congressional district of San Juan and Mandaluyong into
two separate district. Second, it also violate Section 5 of Article VI of the Constitution, which provides that
the House of Representatives shall be composed of not more than two hundred and fifty members, unless
otherwise fixed by law. The division of San Juan and Mandaluyong into separate congressional districts
increased the members of the House of Representative beyond that provided by the Constitution. Third,
Section 5 of Article VI also provides that within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts based on the standard provided in Section
5. Petitioners stated that the division was not made pursuant to any census showing that the minimum
population requirement was attained.
Issue:
(1) Does RA 7675 violate the one subject one bill rule?
(2) Does it violate Section 5(1) of Article VI of the Constitution on the limit of number of rep?
(3) Is the inexistence of mention of census in the law show a lack of constitutional requirement?
Rulings: The Supreme Court ruled that the contentions are devoid of merit. With regards to the first
contention of one subject one bill rule, the creation of a separate congressional district for Mandaluyong
is not a separate and distinct subject from its conversion into a HUC but is a natural and logical
consequence. In addition, a liberal construction of the "one title-one subject" rule has been invariably
adopted by this court so as not to cripple or impede legislation.
The second contention that the law violates the present limit of the number of representatives, the
provision of the section itself show that the 250 limit is not absolute. The Constitution clearly provides
that the House of Representatives shall be composed of not more than 250 members, "unless otherwise
provided by law”. Therefore, the increase in congressional representation mandated by R.A. No. 7675 is
not unconstitutional.
With regards, to the third contention that there is no mention in the assailed law of any census to show
that Mandaluyong and San Juan had each attained the minimum requirement of 250,000 inhabitants to
justify their separation into two legislative districts, unless otherwise proved that the requirements were
not met, the said Act enjoys the presumption of having passed through the regular congressional
processes, including due consideration by the members of Congress of the minimum requirements for the
establishment of separate legislative district.The petition was dismissed for lack of merit.
additional representatives of first party = # of votes of first party/ # of votes of party list system
additional seats for concerned party = # of votes of concerned party/ # votes of first party x
additional seats for concerned party
Issue: Are the two percent threshold requirement and the three-seat limit provided in Section 11 (b) of RA
7941 constitutional?
Held: Yes. In imposing a two percent threshold, Congress wanted to ensure that only those parties,
organizations and coalitions having a sufficient number of constituents deserving of representation are
actually represented in Congress. This intent can be gleaned from the deliberations on the proposed bill.
The two percent threshold is consistent not only with the intent of the framers of the Constitution and the
law, but with the very essence of "representation." Under a republican or representative state, all
government authority emanates from the people, but is exercised by representatives chosen by them. But
to have meaningful representation, the elected persons must have the mandate of a sufficient number of
people. Otherwise, in a legislature that features the party-list system, the result might be the proliferation
of small groups which are incapable of contributing significant legislation, and which might even pose a
threat to the stability of Congress. Thus, even legislative districts are apportioned according to "the
number of their respective inhabitants, and on the basis of a uniform and progressive ratio" to ensure
meaningful local representation.
Issue: How should the additional seats of a qualified party be determined?
Held:Step One. There is no dispute among the petitioners, the public and the private respondents, as well
as the members of this Court that the initial step is to rank all the participating parties, organizations and
coalitions from the highest to the lowest based on the number of votes they each received. Then the ratio
for each party is computed by dividing its votes by the total votes cast for all the parties participating in the
system. All parties with at least two percent of the total votes are guaranteed one seat each. Only these
parties shall be considered in the computation of additional seats. The party receiving the highest number
of votes shall thenceforth be referred to as the “first” party.
Step Two. The next step is to determine the number of seats the first party is entitled to, in order to be
able to compute that for the other parties. Since the distribution is based on proportional representation,
the number of seats to be allotted to the other parties cannot possibly exceed that to which the first party
is entitled by virtue of its obtaining the most number of votes.
Step Three The next step is to solve for the number of additional seats that the other qualified parties are
entitled to, based on proportional representation.
G.R. No. 147589 June 26, 2001
ANG BAGONG BAYANI vs. Comelec
x---------------------------------------------------------x
G.R. No. 147613 June 26, 2001
BAYAN MUNA vs. Comelec
Facts Petitioners challenged the Comelec’s Omnibus Resolution No. 3785, which approved the
participation of 154 organizations and parties, including those herein impleaded, in the 2001 party-list
elections. Petitioners sought the disqualification of private respondents, arguing mainly that the party-
list system was intended to benefit the marginalized and underrepresented; not the mainstream
political parties, the non-marginalized or overrepresented. Unsatisfied with the pace by which Comelec
acted on their petition, petitioners elevated the issue to the Supreme Court.
Issue:
1. Whether or not petitioner’s recourse to the Court was proper.
2. Whether or not political parties may participate in the party list elections.
3. Whether or not the Comelec committed grave abuse of discretion in promulgating Omnibus
Resolution No. 3785.
RULING:
1. The Court may take cognizance of an issue notwithstanding the availability of other remedies "where
the issue raised is one purely of law, where public interest is involved, and in case of urgency." Tha facts
attendant to the case rendered it justiciable.
2. Political Parties -- even the major ones -- may participate in the party-list elections subject to the
requirements laid down in the Constitution and RA 7941, which is the statutory law pertinent to the
Party List System.
Under the Constitution and RA 7941, private respondents cannot be disqualified from the party-list
elections, merely on the ground that they are political parties. Section 5, Article VI of the Constitution
provides that members of the House of Representative may “be elected through a party-list system of
registered national, regional, and sectoral parties or organizations”. It is however, incumbent upon the
Comelec to determine proportional representation of the marginalized and underrepresented”, the
criteria for participation in relation to the cause of the party lsit applicants so as to avoid desecration of
the noble purpose of the party-list system.
3. The Court acknowledged that to determine the propriety of the inclusion of respondents in the
Omnibus Resolution No. 3785, a study of the factual allegations was necessary which was beyond the
pale of the Court. The Court not being a trier of facts.
However, seeing that the Comelec failed to appreciate fully the clear policy of the law and the
Consitution, the Court decided to set some guidelines culled from the law and the Consitution, to assist
the Comelec in its work. The Court ordered that the petition be remanded in the Comelec to determine
compliance by the party lists.
FACTS: In July and August 2007, the COMELEC, sitting as the National Board of Canvassers, made a
partial proclamation of the winners in the party-list elections which was held in May 2007.
In proclaiming the winners and apportioning their seats, the COMELEC considered the following rules:
1. In the lower house, 80% shall comprise the seats for legislative districts, while the remaining 20% shall
come from party-list representatives (Sec. 5, Article VI, 1987 Constitution);
2. Pursuant to Sec. 11b of R.A. 7941 or the Party-List System Act, a party-list which garners at least 2% of
the total votes cast in the party-list elections shall be entitled to one seat;
3. If a party-list garners at least 4%, then it is entitled to 2 seats; if it garners at least 6%, then it is
entitled to 3 seats – this is pursuant to the 2-4-6 rule or the Panganiban Formula from the case
of Veterans Federation Party vs COMELEC.
4. In no way shall a party be given more than three seats even if if garners more than 6% of the votes
cast for the party-list election (3 seat cap rule, same case).
The Barangay Association for National Advancement and Transparency (BANAT), a party-list candidate,
questioned the proclamation as well as the formula being used. BANAT averred that the 2% threshold is
invalid; Sec. 11 of RA 7941 is void because its provision that a party-list, to qualify for a congressional seat,
must garner at least 2% of the votes cast in the party-list election, is not supported by the Constitution.
Further, the 2% rule creates a mathematical impossibility to meet the 20% party-list seat prescribed by
the Constitution.
BANAT also questions if the 20% rule is a mere ceiling or is it mandatory. If it is mandatory, then with the
2% qualifying vote, there would be instances when it would be impossible to fill the prescribed 20% share
of party-lists in the lower house. BANAT also proposes a new computation (which shall be discussed in
the “HELD” portion of this digest).
On the other hand, BAYAN MUNA, another party-list candidate, questions the validity of the 3 seat rule
(Section 11a of RA 7941). It also raised the issue of whether or not major political parties are allowed to
participate in the party-list elections or is the said elections limited to sectoral parties.
ISSUES:
I. How is the 80-20 rule observed in apportioning the seats in the lower house?
II. Whether or not the 20% allocation for party-list representatives mandatory or a mere ceiling.
III. Whether or not the 2% threshold to qualify for a seat valid.
IV. How are party-list seats allocated?
V. Whether or not major political parties are allowed to participate in the party-list elections.
VI. Whether or not the 3 seat cap rule (3 Seat Limit Rule) is valid.
HELD:
I. The 80-20 rule is observed in the following manner: for every 5 seats allotted for legislative districts,
there shall be one seat allotted for a party-list representative. Originally, the 1987 Constitution provides
that there shall be not more than 250 members of the lower house. Using the 80-20 rule, 200 of that will
be from legislative districts, and 50 would be from party-list representatives. However, the Constitution
also allowed Congress to fix the number of the membership of the lower house as in fact, it can create
additional legislative districts as it may deem appropriate. As can be seen in the May 2007 elections,
there were 220 district representatives, hence applying the 80-20 rule or the 5:1 ratio, there should be
55 seats allotted for party-list representatives.
How did the Supreme Court arrive at 55? This is the formula:
(Current Number of Legislative DistrictRepresentatives ÷ 0.80) x (0.20) = Number of Seats Available to
Party-List Representatives
Hence,
(220 ÷ 0.80) x (0.20) = 55
II. The 20% allocation for party-list representatives is merely a ceiling – meaning, the number of party-
list representatives shall not exceed 20% of the total number of the members of the lower house.
However, it is not mandatory that the 20% shall be filled.
III. No. Section 11b of RA 7941 is unconstitutional. There is no constitutional basis to allow that only
party-lists which garnered 2% of the votes cast are qualified for a seat and those which garnered less
than 2% are disqualified. Further, the 2% threshold creates a mathematical impossibility to attain the
ideal 80-20 apportionment. The Supreme Court explained:
To illustrate: There are 55 available party-list seats. Suppose there are 50 million votes cast for the 100
participants in the party list elections. A party that has two percent of the votes cast, or one million
votes, gets a guaranteed seat. Let us further assume that the first 50 parties all get one million votes.
Only 50 parties get a seat despite the availability of 55 seats. Because of the operation of the two
percent threshold, this situation will repeat itself even if we increase the available party-list seats to 60
seats and even if we increase the votes cast to 100 million. Thus, even if the maximum number of parties
get two percent of the votes for every party, it is always impossible for the number of occupied party-list
seats to exceed 50 seats as long as the two percent threshold is present.
It is therefore clear that the two percent threshold presents an unwarranted obstacle to the full
implementation of Section 5(2), Article VI of the Constitution and prevents the attainment of “the
broadest possible representation of party, sectoral or group interests in the House of Representatives.”
IV. Instead, the 2% rule should mean that if a party-list garners 2% of the votes cast, then it
is guaranteed a seat, and not “qualified”. This allows those party-lists garnering less than 2% to also get
a seat.
But how? The Supreme Court laid down the following rules:
1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the
number of votes they garnered during the elections.
2. The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for
the party-list system shall be entitled to one guaranteed seat each.
3. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled
to additional seats in proportion to their total number of votes until all the additional seats are
allocated.
4. Each party, organization, or coalition shall be entitled to not more than three (3) seats.
In computing the additional seats, the guaranteed seats shall no longer be included because they have
already been allocated, at one seat each, to every two-percenter. Thus, the remaining available seats for
allocation as “additional seats” are the maximum seats reserved under the Party List System less the
guaranteed seats. Fractional seats are disregarded in the absence of a provision in R.A. No. 7941 allowing
for a rounding off of fractional seats.
In short, there shall be two rounds in determining the allocation of the seats. In the first round, all party-
lists which garnered at least 2% of the votes cast (called the two-percenters) are given their one seat each.
The total number of seats given to these two-percenters are then deducted from the total available seats
for party-lists. In this case, 17 party-lists were able to garner 2% each. There are a total 55 seats available
for party-lists hence, 55 minus 17 = 38 remaining seats. (Please refer to the full text of the case for the
tabulation).
The number of remaining seats, in this case 38, shall be used in the second round, particularly, in
determining, first, the additional seats for the two-percenters, and second, in determining seats for the
party-lists that did not garner at least 2% of the votes cast, and in the process filling up the 20%
allocation for party-list representatives.
How is this done?
Get the total percentage of votes garnered by the party and multiply it against the remaining number of
seats. The product, which shall not be rounded off, will be the additional number of seats allotted for
the party list – but the 3 seat limit rule shall still be observed.
Example:
In this case, the BUHAY party-list garnered the highest total vote of 1,169,234 which is 7.33% of the total
votes cast for the party-list elections (15,950,900).
Applying the formula above: (Percentage of vote garnered) x (remaining seats) = number of additional
seat
Hence, 7.33% x 38 = 2.79
Rounding off to the next higher number is not allowed so 2.79 remains 2. BUHAY is a two-percenter
which means it has a guaranteed one seat PLUS additional 2 seats or a total of 3 seats. Now if it so
happens that BUHAY got 20% of the votes cast, it will still get 3 seats because the 3 seat limit rule
prohibits it from having more than 3 seats.
Now after all the tw0-percenters were given their guaranteed and additional seats, and there are still
unoccupied seats, those seats shall be distributed to the remaining party-lists and those higher in rank in
the voting shall be prioritized until all the seats are occupied.
V. No. By a vote of 8-7, the Supreme Court continued to disallow major political parties (the likes of
UNIDO, LABAN, etc) from participating in the party-list elections.
Although the ponencia (Justice Carpio) did point out that there is no prohibition either from the
Constitution or from RA 7941 against major political parties from participating in the party-list elections
as the word “party” was not qualified and that even the framers of the Constitution in their deliberations
deliberately allowed major political parties to participate in the party-list elections provided that they
establish a sectoral wing which represents the marginalized (indirect participation), Justice Puno, in his
separate opinion, concurred by 7 other justices, explained that the will of the people defeats the will of
the framers of the Constitution precisely because it is the people who ultimately ratified the Constitution
– and the will of the people is that only the marginalized sections of the country shall participate in the
party-list elections. Hence, major political parties cannot participate in the party-list elections, directly or
indirectly.
VI. Yes, the 3 seat limit rule is valid. This is one way to ensure that no one party shall dominate the
party-list system.
The authority conferred upon the Electoral Tribunal is full, clear and complete. The use of the
word sole emphasizes the exclusivity of the jurisdiction of these Tribunals.
The Supreme Court under the 1987 Constitution, has been given an expanded jurisdiction, so to speak,
to review the decisions of the other branches and agencies of the government to determine whether or
not they have acted within the bounds of the Constitution. (See Article VIII, Section 1, Constitution)
Yet, in the exercise thereof, the Court is to merely check whether or not the governmental branch or
agency has gone beyond the Constitutional limits of its jurisdiction, not that it erred or has a different
view. In the absence of a showing that the HRET has committed grave abuse of discretion amounting to
lack of jurisdiction, there is no occasion for the Court to exercise its corrective power; it will not decide a
matter which by its nature is for the HRET alone to decide. (See Marcos v. Manglapus, 177 SCRA 668
[1989]) It has no power to look into what it thinks is apparent error.
In the case at bar, the Court finds no improvident use of power, no denial of due process on the part of
the HRET which will necessitate the exercise of the power of judicial review by the Supreme Court.
On Citizenship
Even assuming that the private respondent does not own any property in Samar, the Supreme Court in
the case ofDe los Reyes v. Solidum (61 Phil. 893 [1935]) held that it is not required that a person should
have a house in order to establish his residence and domicile. It is enough that he should live in the
municipality or in a rented house or in that of a friend or relative. (Emphasis supplied)
To require the private respondent to own property in order to be eligible to run for Congress would be
tantamount to a property qualification. The Constitution only requires that the candidate meet the age,
citizenship, voting and residence requirements. Nowhere is it required by the Constitution that the
candidate should also own property in order to be qualified to run. (see Maquera v. Borra, 122 Phil. 412
[1965])
Facts: Petitioner Dimaporo was elected Representative for the Second Legislative District of Lanao del Sur
during the 1987 congressional elections. In January 1990, he filed a Certificate of Candidacy for the
position of Regional Governor of the ARMM with the Comelec. Upon being informed of this development,
respondents Speaker and Secretary of the House of Representatives (HOR) excluded petitioner’s name
from the Roll of Members of the HOR pursuant to Sec. 67, Art. IX of the Omnibus Election Code (BP Blg.
881) enacted in 1985. He was excluded from all proceedings of the House, was not paid the emoluments
due his office, and his office suites were occupied by other persons. When he lost his bid for the
gubernatorial race, petitioner expressed his intention to resume performing his duties and functions as
an elected Member of Congress. He is now claiming that Sec. 67, Art. IX of BP Blg. 881 is not operative
under the present Constitution which provides specific grounds by which the term of members of the
House can be shortened
Issues:
1.W/N Sec. 67, Art. IX of BP Blg. 881 is operative under the 1987 Constitution
2.W/N the respondent Speaker and/or respondent Secretary by administrative act could exclude
petitioner from the rolls of the HOR
Ruling: Yes. Sec. 67, Art. IX of BP Blg. 881 is still operative under the present Constitution as the voluntary
act of resignation contemplated in the said provision falls within the term “voluntary renunciation of
office” in Sec. 7(2), Art. VI of the Constitution. “Term” is different from “tenure” of office. The term of
office prescribed by the Constitution may not be extended or shortened by the legislature. However, the
period during which an officer actually holds the office (tenure) may be affected by circumstances within
or beyond the power of said officer. Tenure may be shorter than the term or it may not even exist at all.
Under the questioned provision, when an elective official covered thereby files a certificate of candidacy
for another office, he is deemed to have voluntarily cut short his tenure, NOT his term. The term remains
and his successor, if any, is allowed to serve its unexpired portion.
Sec. 2, Art. XI of the Constitution provides that all public officers to the exclusion of the President,
Vice-President, Members of the Supreme Court, Members of the Constitutional Commissions, and the
Ombudsman may be removed from office as provided by law. This clearly recognizes that the 4 grounds
found in Art. VI of the Constitution by which the tenure of a Congressman may be shortened are NOT
exclusive. The legal maxim should not be applied with the same rigor in construing a constitution as a
statute because the maxim is only a rule of interpretation and not a constitutional command. It serves
only as an aid in discovering legislative intent where such intent is not otherwise manifest.
Petitioner failed to discern that the purpose of the statutory provision is not to cut short the term
of office of public officials but rather to ensure that such officials serve out their entire term of office by
discouraging them from running for another public office. Sec. 67, Art. IX of BP Blg. 881 makes it clear
that should incumbent public officials fail in their candidacy for another office, they cannot go back to
their former position. This is in perfect consonance with the constitutional edict that all public officials
must serve the people with utmost loyalty and not trifle with the mandate which they have received
from their constituents.
The ground for forfeiture in Sec. 13, Art. VI of the Constitution is different from the forfeiture decreed
in Sec. 67, Art. IX of BP Blg. 881, which is actually a mode of voluntary renunciation of office under Sec.
7, Art. VI of the Constitution. As discussed by Constitutional Commissioners, the filing of the certificate
of candidacy is already an overt act of an intention to relinquish the office currently held. Once the
certificate is filed, the seat is forever forfeited and nothing save a new election or appointment can restore
the ousted official. A public office is a public trust. It is created for the interest and benefit of the people.
As such, the holder of such an office is subject to regulations and conditions as the law may impose and
he cannot complain of any restrictions which public policy may dictate on his office.
Since the legal effects of filing a certificate of candidacy have already been spelled out in Sec. 67, Art. IX
of BP Blg. 881, respondents cannot be said to have indulged in any statutory interpretation. Both of them
perform ministerial functions as administrative officers and it was their duty to remove petitioner’s name
from the Roll considering the unequivocal tenor of Sec. 67, Art. IX of BP Blg. 881. They cannot refuse to
perform their duty on the ground of an alleged invalidity of the statute imposing such duty because it
might hinder the transaction of public business. Officers of the government from the highest to the lowest
are creatures of the law and are bound to obey it.
RULING:
First Issue: Court's Jurisdiction
In the instant controversy, the petitioners claim that Section 16 (1), Article VI of the Constitution has not
been observed in the selection of the Senate minority leader. They also invoke the Court’s judicial power
“to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction” on the part of respondents.
The Court took jurisdiction over the petition stating that It is well within the power and jurisdiction of the
Court to inquire whether indeed the Senate or its officials committed a violation of the Constitution or
gravely abused their discretion in the exercise of their functions and prerogatives.
For a quo warranto prosper, the person suing must show that he or she has a clear right to the
contested office or to use or exercise the functions of the office allegedly usurped or unlawfully held by
the respondent. In this case, petitioners present no sufficient proof of a clear and indubitable franchise
to the office of the Senate minority leader. The specific norms or standards that may be used in
determining who may lawfully occupy the disputed position has not been laid down by the Constitution,
the statutes, or the Senate itself in which the power has been vested. Without any clear-cut guideline, in
no way can it be said that illegality or irregularity tainted Respondent Guingona’s assumption and
exercise of the powers of the office of Senate minority leader. Furthermore, no grave abuse of
discretion has been shown to characterize any of his specific acts as minority leader.
Under these circumstances, the Court believed that the Senate President cannot be accused of
“capricious or whimsical exercise of judgment” or of “an arbitrary and despotic manner by reason of
passion or hostility.” Where no provision of the Constitution, the laws or even the rules of the Senate
has been clearly shown to have been violated, disregarded or overlooked, grave abuse of discretion
cannot be imputed to Senate officials for acts done within their competence and authority.
The Petition is DISMISSED
ARROYO VS DE VENECIA
FACTS: A petition was filed challenging the validity of RA 8240, which amends certain provisions of the
National Internal Revenue Code. Petitioners, who are members of the House of Representatives,
charged that there is violation of the rules of the House which petitioners claim are constitutionally-
mandated so that their violation is tantamount to a violation of the Constitution.
The law originated in the House of Representatives. The Senate approved it with certain amendments. A
bicameral conference committee was formed to reconcile the disagreeing provisions of the House and
Senate versions of the bill. The bicameral committee submitted its report to the House. During the
interpellations, Rep. Arroyo made an interruption and moved to adjourn for lack of quorum. But after a
roll call, the Chair declared the presence of a quorum. The interpellation then proceeded. After Rep.
Arroyo’s interpellation of the sponsor of the committee report, Majority Leader Albano moved for the
approval and ratification of the conference committee report. The Chair called out for objections to the
motion. Then the Chair declared: “There being none, approved.” At the same time the Chair was saying
this, Rep. Arroyo was asking, “What is that…Mr. Speaker?” The Chair and Rep. Arroyo were talking
simultaneously. Thus, although Rep. Arroyo subsequently objected to the Majority Leader’s motion, the
approval of the conference committee report had by then already been declared by the Chair.
On the same day, the bill was signed by the Speaker of the House of Representatives and the President
of the Senate and certified by the respective secretaries of both Houses of Congress. The enrolled bill
was signed into law by President Ramos.
ISSUE: Whether or not RA 8240 is null and void because it was passed in violation of the rules of the
House.
RULING: No. Rules of each House of Congress are hardly permanent in character. They are subject to
revocation, modification or waiver at the pleasure of the body adopting them as they are primarily
procedural. Courts ordinarily have no concern with their observance. They may be waived or
disregarded by the legislative body. Consequently, mere failure to conform to them does not have the
effect of nullifying the act taken if the requisite number of members has agreed to a particular measure.
But this is subject to qualification. Where the construction to be given to a rule affects person other
than members of the legislative body, the question presented is necessarily judicial in character. Even its
validity is open to question in a case where private rights are involved.
In the case, no rights of private individuals are involved but only those of a member who, instead of
seeking redress in the House, chose to transfer the dispute to the Court.
The matter complained of concerns a matter of internal procedure of the House with which the Court
should not be concerned. The claim is not that there was no quorum but only that Rep. Arroyo was
effectively prevented from questioning the presence of a quorum. Rep. Arroyo’s earlier motion to
adjourn for lack of quorum had already been defeated, as the roll call established the existence of a
quorum. The question of quorum cannot be raised repeatedly especially when the quorum is obviously
present for the purpose of delaying the business of the House.
Facts: On May 5, 1992, this Court issued a Resolution in GR No. 104704, disqualifying Melchor Chavez,
private respondent therein, from running for the Office of Senator in the May 11, 1992 elections.
Petitioner filed an urgent motion with the Comelec praying that it (1) disseminate through the fastest
available means this Court’s Resolution dated May 5, 1992 to all regional election directors, provincial
election supervisors, city and municipal election registrars, boards of election inspectors, the six (6)
accredited political parties and the general public; and (2) order said election officials to delete the
name of Melchor Chavez as printed in the certified list of candidates tally sheets, election returns and to
count all votes cast for the disqualified Melchor, Chavez in favor of Francisco I. Chavez. On May 8, 1992,
the Comelec issued Res. No. 92-1322 which resolved to delete the name of Melchor Chavez from the list
of qualified candidates. However, it failed to order the crediting of all “Chavez” votes in favor of
petitioner as well as the cancellation of Melchor Chavez’ name in the list of qualified candidates.
Issue: Whether or not the law allows pre-proclamation controversy involving the election of the
members of the Senate.
Held: A simple reading of the petition would readily show that petitioner has no cause of action, the
controversy presented being one in the nature of a pre-proclamation.
While the Commission has exclusive jurisdiction over pre-proclamation controversies involving local
elective officials (Sec. 242, Omnibus Election Code), nevertheless, pre-proclamation cases are not allowed
in elections for President, Vice-President, Senator and Member of the House of Representatives. Sec. 15
of Republic Act 7166 provides: “For purposes of the elections for President, Vice-President, Senator and
Member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating
to the preparation, transmission, receipt, custody and appreciation of the election returns or the
certificate of canvass, as the case may be. However, this does not preclude the authority of the
appropriate canvassing body motu propio or upon written complaint of an interested person to correct
manifest errors in the certificate of canvass or election returns before it.
PIMENTEL VS HRET
FACTS: On March 3, 1995, the Party-List System Act took effect. On May 11, 1998, in accordance with
the Party-List System Act, national elections were held which included, for the first time, the election
through popular vote of party-list groups and organizations whose nominees would become members
of the House. Proclaimed winners were 14 party-list representatives from 13 organizations, including
petitioners from party-list groups.
Subsequently, the House constituted its HRET and CA contingent by electing its representatives to these
two constitutional bodies. In practice, the procedure involves the nomination by the political parties of
House members who are to occupy seats in the HRET and the CA. From available records, it does not
appear that after the May 11, 1998 elections the party-list groups in the House nominated any of their
representatives to the HRET or the CA. As of the date of filing of the instant petitions, the House
contingents to the HRET and the CA were composed solely of district representatives belonging to the
different political parties.
On February 2, 2000, petitioners filed with this Court their Petitions for Prohibition, Mandamus and
Preliminary Injunction (with Prayer for Temporary Restraining Order) against the HRET, its Chairman and
Members, and against the CA, its Chairman and Members. Petitioners contend that, under the
Constitution and the Party-List System Act, party-list representatives should have 1.2 or at least 1 seat in
the HRET, and 2.4 seats in the CA. Petitioners charge that respondents committed grave abuse of
discretion in refusing to act positively on the letter of Senator Pimentel. In its Resolution of February 8,
2000. the Court en banc directed the consolidation of G.R. No. 141490 with G.R. No. 141489.
ISSUE: WHETHER THE PRESENT COMPOSITION OF THE HOUSE ELECTORAL TRIBUNAL VIOLATES THE
CONSTITUTIONAL REQUIREMENT OF PROPORTIONAL REPRESENTATION BECAUSE THERE ARE NO PARTY-
LIST REPRESENTATIVES IN THE HRET.
RULING: No. Under Section 17, Article VI of the Constitution, each chamber of Congress exercises the
power to choose, within constitutionally defined limits, who among their members would occupy the
allotted 6 seats of each chambers respective electoral tribunal.
Thus, even assuming that party-list representatives comprise a sufficient number and have agreed to
designate common nominees to the HRET and the CA, their primary recourse clearly rests with the
House of Representatives and not with this Court. Under Sections 17 and 18, Article VI of the
Constitution, party-list representatives must first show to the House that they possess the required
numerical strength to be entitled to seats in the HRET and the CA. Only if the House fails to comply with
the directive of the Constitution on proportional representation of political parties in the HRET and the
CA can the party-list representatives seek recourse to this Court under its power of judicial review.
Under the doctrine of primary jurisdiction, prior recourse to the House is necessary before petitioners
may bring the instant case to the court. Consequently, petitioners direct recourse to this Court is
premature.
The discretion of the House to choose its members to the HRET and the CA is not absolute, being subject
to the mandatory constitutional rule on proportional representation. However, under the doctrine of
separation of powers, the Court may not interfere with the exercise by the House of this constitutionally
mandated duty, absent a clear violation of the Constitution or grave abuse of discretion amounting to
lack or excess of jurisdiction. Otherwise, the doctrine of separation of powers calls for each branch of
government to be left alone to discharge its duties as it sees fit. Neither can the Court speculate on what
action the House may take if party-list representatives are duly nominated for membership in the HRET
and the CA.
It does appear that after the May 11, 1998 elections, the House barred the party-list representatives
from seeking membership in the HRET or the CA. Rather, it appears from the available facts that the
party-list groups in the House at that time simply refrained from participating in the election process.
The party-list representatives did not designate their nominees even up to the time they filed the instant
petitions, with the predictable result that the House did not consider any party-list representative for
election to the HRET or the CA. As the primary recourse of the party-list representatives lies with the
House of Representatives, the Court cannot resolve the issues presented by petitioners at this time.
PALPARAN VS HRET
FACTS: In G.R. 189466, petitioner Daryl Grace J. Abayon is the first nominee of the Aangat Tayo party-list
organization that won a seat in the House of Representatives during the 2007 elections. Respondents filed
a petition for quo warranto with respondent HRET against petitioner Abayon. They claimed that Aangat
Tayo was not eligible for a party-list seat in the House of Representatives, since it did not represent the
marginalized and underrepresented sectors since she did not belong to the marginalized and
underrepresented sectors, she being the wife of an incumbent congressional district representative.
It was Aangat Tayo that was taking a seat in the House of Representatives, and not Abayon who was just
its nominee. All questions involving her eligibility as first nominee, said Abayon, were internal concerns
of Aangat Tayo.
In G.R.189506, petitioner Jovito S. Palparan, Jr. is the first nominee of the Bantay party-list group that won
a seat in the 2007 elections for the members of the House of Representatives. Lesaca and the others
alleged that Palparan was ineligible to sit in the House of Representatives as party-list nominee because
he did not belong to the marginalized and underrepresented sectors that Bantay represented, namely,
the victims of communist rebels, Civilian Armed Forces Geographical Units (CAFGUs), former rebels, and
security guards.
Petitioner Palparan countered that the HRET had no jurisdiction over his person since it was actually the
party-list Bantay, not he, that was elected to and assumed membership in the House of Representatives.
Palparan claimed that he was just Bantay’s nominee. Consequently, any question involving his eligibility
as first nominee was an internal concern of Bantay. Such question must be brought, he said, before that
party-list group, not before the HRET.
ISSUE: Whether or not respondent HRET has jurisdiction over the question of qualifications of
petitioners Abayon and Palparan as nominees of Aangat Tayo and Bantay party-list organizations.
HELD: Yes. Section 17, Article VI of the Constitution provides that the HRET shall be the sole judge of all
contests relating to, among other things, the qualifications of the members of the House of
Representatives. Since, as pointed out above, party-list nominees are "elected members" of the House of
Representatives no less than the district representatives are, the HRET has jurisdiction to hear and pass
upon their qualifications. By analogy with the cases of district representatives, once the party or
organization of the party-list nominee has been proclaimed and the nominee has taken his oath and
assumed office as member of the House of Representatives, the COMELEC’s jurisdiction over election
contests relating to his qualifications ends and the HRET’s own jurisdiction begins.
The Court holds that respondent HRET did not gravely abuse its discretion when it dismissed the
petitions for quo warranto against Aangat Tayo party-list and Bantay party-list but upheld its jurisdiction
over the question of the qualifications of petitioners Abayon and Palparan.
BELLO VS COMELEC
FACTS: On March 25, 2010, petitioners Liza L. Maza, Saturnino C. Ocampo, and Bayan Muna Party-List,
represented by Teodoro Casiño, (collectively referred to as certiorari petitioners) filed with the
COMELEC a petition for disqualification against Arroyo, pursuant to Resolution No. 8696, in relation with
Sections 2 and 9 of Republic Act (RA) No. 794112 (the Party- List System Act).
The certiorari petitioners argued that not only must the party-list organization factually and truly
represent the marginalized and the underrepresented; the nominee must as well be a Filipino citizen
belonging to the marginalized and underrepresented sectors, organizations and parties, citing in this
regard the case of Ang Bagong Bayani-OFW Labor Party v. COMELEC.14 On this basis, the certiorari
petitioners concluded that Arroyo cannot be considered a member of the marginalized and
underrepresented sector, particularly, the sector which the AGPP represents – tricycle drivers and
security guards – because he is not only a member of the First Family, but is also (a) an incumbent
member of the House of Representatives; (b) the Chairman of the House’s Energy Committee; and, (c) a
member of key committees in the House, namely: Natural Resources, Aquaculture, Fisheries Resources,
Ethics and Privileges, Justice, National Defense and Security, Public Works and Highways, Transportation
and Ways and Means.
On July 28 and 29, 2010, two (2) separate petitions for quo warranto were filed with the House of
Representatives Electoral Tribunal (HRET) questioning Arroyo’s eligibility as AGPP’s representative in the
House of Representatives. On September 7, 2010, the HRET took cognizance of the petitions by issuing a
Summons directing Arroyo to file his Answer to the two petitions.
Arroyo counter-argues that the petitions should be dismissed outright because upon his proclamation,
oath and assumption to office as a duly elected member of the House of Representatives, the
jurisdiction over issues relating to his qualifications now lies with the HRET as the sole judge of all
contests relating to the election, returns, and qualifications of members of the House of
Representatives.
ISSUE: Whether the HRET has jurisdiction over the question of Arroyo’s qualifications as AGPP’s
nominee after his proclamation and assumption to office as a member of the House of Representatives.
HELD: Yes.
In the case of Palparan vs HRET The Supreme Court had stated that; What is inevitable is that Section 17,
Article VI of the Constitution provides that the HRET shall be the sole judge of all contests relating to,
among other things, the qualifications of the members of the House of Representatives. Since, as
pointed out above, party-list nominees are "elected members" of the House of Representatives no less
than the district representatives are, the HRET has jurisdiction to hear and pass upon their qualifications.
By analogy with the cases of district representatives, once the party or organization of the party-list
nominee has been proclaimed and the nominee has taken his oath and assumed office as member of
the House of Representatives, the COMELEC’s jurisdiction over election contests relating to his
qualifications ends and the HRET’s own jurisdiction begins.
In the case of Perez vs Comelec the Supreme Court had stated; that at the time of the filing of this
petition on June 16, 1998, private respondent was already a member of the House of Representatives,
this Court has no jurisdiction over the same. Pursuant to Art. VI, §17 of the Constitution, the House of
Representatives Electoral Tribunal has the exclusive original jurisdiction over the petition for the
declaration of private respondent’s ineligibility.
DAZA V SINGSON
FACTS: After the congressional elections of May 11, 1987, the House of Representatives proportionally
apportioned its twelve seats in the Commission on Appointments in accordance with Article VI, Section
18, of the Constitution. Petitioner Raul A. Daza was among those chosen and was listed as a
representative of the Liberal Party.
On September 16, 1988, the Laban ng Demokratikong Pilipino was reorganized, resulting in a political
realignment in the House of Representatives. On the basis of this development, the House of
Representatives revised its representation in the Commission on Appointments by withdrawing the seat
occupied by the petitioner and giving this to the newly-formed LDP. The chamber elected a new set of
representatives consisting of the original members except the petitioner and including therein
respondent Luis C. Singson as the additional member from the LDP.
The petitioner came to this Court on January 13, 1989, to challenge his removal from the Commission on
Appointments and the assumption of his seat by the respondent.
ISSUE: Whether or not the realignment will validly change the composition of the Commission on
Appointments
HELD: No.
At the core of this controversy is Article VI, Section 18, of the Constitution providing as follows:
Sec. 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex
officio Chairman, twelve Senators and twelve Members of the House of Representatives, elected by
each House on the basis of proportional representation from the political parties and parties or
organizations registered under the party-list system represented therein. The Chairman of the
Commission shall not vote, except in case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members.
The authority of the House of Representatives to change its representation in the Commission on
Appointments to reflect at any time the changes that may transpire in the political alignments of its
membership. It is understood that such changes must be permanent and do not include the temporary
alliances or factional divisions not involving severance of political loyalties or formal disaffiliation and
permanent shifts of allegiance from one political party to another.
The Court holds that the respondent has been validly elected as a member of the Commission on
Appointments and is entitled to assume his seat in that body pursuant to Article VI, Section 18, of the
Constitution.
32. COSETENG VS MITRA
Facts: Congressional elections of May 11, 1987 resulted in representatives from diverse political parties
Petitioner Anna Dominique Coseteng was the only candidate elected under the banner of KAIBA.
A year later, the “Laban ng Demokratikong Pilipino” or LDP was organized as a political party. As 158 out
of 202 members of the House of Representatives formally affiliated with the LDP, the House committees,
including the House representation in the Commission on Appointments, had to be reorganized.
Petitioner Coseteng then wrote a letter to Speaker Ramon Mitra requesting that as representative of
KAIBA, she be appointed as a member of the Commission on Appointments and House Electoral Tribunal.
On December 5, 1988, the House of Representatives, revised the House majority membership in the
Commission on Appointments to conform with the new political alignments by replacing Rep. Raul A.
Daza, LP, with Rep. Luis C. Singson, LDP, however, Congressman Ablan, KBL, was retained as the 12th
member representing the House minority.
On February 1, 1989, Coseteng and her party, filed this Petition for Extraordinary Legal Writs praying
that the Supreme Court declare as null and void the election of respondent Ablan, Verano-Yap, Romero,
Cuenco, Mercado, Bandon, Cabochan, Imperial, Lobregat, Beltran, Locsin, and Singson, as members of
the Commission on Appointments, to enjoin them from acting as such and to enjoin also the other
respondents from recognizing them as members of the Commission on Appointments on the theory that
their election to that Commission violated the constitutional mandate of proportional representation
Issue: WON the members of the House in the Commission on Appointments were chosen on the basis of
proportional representation from the political parties therein as provided in Section 18, Article VI of the
1987 Constitution. Holding/
Held: Yes, petition is dismissed for lack of merit. Section 18, Article VI of the 1987 Constitution reads: “Sec.
18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex oficio
Chairman, twelve Senators, and twelve Members of the House of Representatives elected by each House
on the basis of proportional representation from the political parties and parties or organizations
registered under the party-list system represented therein. The chairman of the Commission shall not
vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty
session days of the Congress from their submission. The commission shall rule by a majority vote of all the
Members. (Art. VI, 1987 Constitution.) The composition of the House membership in the Commission on
Appointments was based on proportional representation of the political parties in the House. There are
160 members of the LDP in the House. They represent 79% of the House membership (which may be
rounded out to 80%). Eighty percent (80%) of 12 members in the Commission on Appointments would
equal 9.6 members, which may be rounded out to ten (10) members from the LDP. The remaining two
seats were apportioned to the LP (respondent Lorna Verano-Yap) as the next largest party in the Coalesced
Majority and the KBL (respondent Roque Ablan) as the principal opposition party in the House. There is
no doubt that this apportionment of the House membership in the Commission on Appointments was
done “on the basis of proportional representation of the political parties therein.” There is no merit in the
petitioner’s contention that the House members in the Commission on Appointments should have been
nominated and elected by their respective political parties. The petition itself shows that they were
nominated by their respective floor leaders in the House. They were elected by the House (not by their
party) as provided in Section 18, Article VI of the Constitution. The validity of their election to the
Commission on Appointments-eleven (11) from the Coalesced Majority and one from the minority-is
unassailable.
GUINGONA VS GONZALES
Facts: After the May 11, 1992 elections, the senate was composed of 15 LDP senators, 5 NPC senators, 3
LAKAS-NUCD senators, and 1 LP-PDP-LABAN senator. To suffice the requirement that each house must
have 12 representatives in the CoA, the parties agreed to use the traditional formula: (No. of Senators of
a political party) x 12 seats) ÷ Total No. of Senators elected. The results of such a formula would produce
7.5 members for LDP, 2.5 members for NPC, 1.5 members for LAKAS-NUCD, and 0.5 member for LP-PDP-
LABAN. Romulo, as the majority floor leader, nominated 8 senators from their party because he rounded
off 7.5 to 8 and that Taňada from LP-PDP-LABAN should represent the same party to the CoA. This is also
pursuant to the proposition compromise by Sen Tolentino who proposed that the elected members of
the CoA should consist of eight LDP, one LP-PDP-LABAN, two NPC and one LAKAS-NUCD. Guingona, a
member of LAKAS-NUCD, opposed the said compromise. He alleged that the compromise is against
proportional representation.
Issue: whether or not rounding off is allowed in determining a party’s representation in the Commission
on Appointments
Held: Yes. It is a fact accepted by all such parties that each of them is entitled to a fractional membership
on the basis of the rule on proportional representation of each of the political parties. A literal
interpretation of Section 18 of Article VI of the Constitution leads to no other manner of application. The
problem is what to do with the fraction of .5 or 1/2 to which each of the parties is entitled. The LDP
majority in the Senate converted a fractional half membership into a whole membership of one senator
by adding one half or .5 to 7.5 to be able to elect Romulo. In so doing one other party’s fractional
membership was correspondingly reduced leaving the latter’s representation in the Commission on
Appointments to less than their proportional representation in the Senate. This is clearly a violation of
Section 18 because it is no longer in compliance with its mandate that membership in the Commission be
based on the proportional representation of the political parties. The election of Senator Romulo gave
more representation to the LDP and reduced the representation of one political party either the LAKAS
NUCD or the NPC. A party should have at least 1 seat for every 2 duly elected senators-members in the
CoA. Where there are more than 2 parties in Senate, a party which has only one member senator cannot
constitutionally claim a seat. In order to resolve such, the parties may coalesce with each other in order
to come up with proportional representation especially since one party may have affiliations with the
other party.
TANADA VS COMELEC
FACTS: Petitioner Wigberto R. Tañada, Jr., (Wigberto) and respondents Angelina D. Tan (Angelina) and
Alvin John S. Tañada (Alvin John) were contenders for the position of Member of the House of
Representatives for the 4th District of Quezon Province in the just concluded May 13, 2013 National
Elections. Wigberto ran under the banner of the Liberal Party; Alvin John was the official congressional
candidate of Lapiang Manggagawa; while Angelina was fielded by the National People’s Coalition.
In a related development, despite the cancellation of Alvin John’s CoC due to his material
misrepresentations therein, his name was not deleted from – and thus, remained printed on – the ballot,
prompting Wigberto to file a motion with the Provincial Board of Canvassers of Quezon Province (PBOC)
asking that the votes cast in the name of Alvin John be credited to him instead in accordance with the
Court’s ruling in Dela Cruz v. COMELEC and COMELEC Resolution No. 9599.20 The PBOC, however, denied
Wigberto’s motion in a Resolution dated May 16, 2013, holding that the votes of Alvin John could not be
counted in favor of Wigberto because the cancellation of the former’s CoC was on the basis of his material
misrepresentations under Section 78 of the OEC and not on being a nuisance candidate under Section 69
of the same law. Consequently, the PBOC canvassed the votes of all three contenders separately, and
thereafter, on May 16, 2013, proclaimed Angelina as the winning candidate for the position of Member
of the House of Representatives for the 4th District of Quezon Province. According to Wigberto, it was for
the foregoing reason that he impleaded Angelina as a party-respondent in the instant petition for
certiorari.
ISSUE: Wigberto assails the COMELEC En Banc Resolution dated April 25, 2013 declaring that Alvin John
was not a nuisance candidate as defined under Section 69 of the OEC. In consequence, he seeks that the
votes cast in favor of Alvin John be credited to him and, thereafter, to be declared the winning candidate
for the congressional post.
HELD: Petition was dismissed.
Sec. 17 of Article VI The Senate and the House of Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal, shall be composed of nine Members, three of whom shall
be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on
the basis of proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.
Case law states that the proclamation of a congressional candidate following the election divests the
COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the
proclaimed representative in favor of the HRET. The phrase "election, returns and qualifications" refers
to all matters affecting the validity of the contestee’s title. In particular, the term "election" refers to the
conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the
casting and counting of the votes; "returns" refers to the canvass of the returns and the proclamation of
the winners, including questions concerning the composition of the board of canvassers and the
authenticity of the election returns; and "qualifications" refers to matters that could be raised in a quo
warranto proceeding against the proclaimed winner, such as his disloyalty or ineligibility or the
inadequacy of his CoC.
In the foregoing light, considering that Angelina had already been proclaimed as Member of the House
of Representatives for the 4th District of Quezon Province on May 16, 2013, as she has in fact taken her
oath and assumed office past noon time of June 30, 2013, the Court is now without jurisdiction to
resolve the case at bar. As they stand, the issues concerning the conduct of the canvass and the
resulting proclamation of Angelina as herein discussed are matters which fall under the scope of the
terms "election" and "returns" as above-stated and hence, properly fall under the HRET’s sole
jurisdiction.
Section 21 and 22
Section 25
GARCIA VS MATA
Facts: Garcia was a reserve officer on active duty who was reversed to inactive status. He filed an
action for mandamus to compel the DND and AFP to reinstate him to active service and readjust his
rank and pay emoluments.
Garcia claims that his reversion to inactive status is violation of RA 1600 which prohibits the reversion
of officers with at least 10 years of service.
On the other hand, the AFP and DND contend that the said provision of RA 1600 has no relevance or
pertinence to the budget in question or to any appropriation item therein. (RA 1600 was an
appropriation law for 1956-57).
Held: The incongruity and irrelevancy are already evident. Section 11 of RA 1600 fails to disclose the
relevance to any appropriation item. RA 1600 is an appropriation law for the operation of government
while Section 11 refers to a fundamental governmental policy of calling to active duty and the
reversion of inactive statute of reserve officers in the AFP.
Section 26
PHILCONSA VS GIMENEZ
Philippine Constitution Association, Inc (PHILCONSA) assails the validity of RA 3836 insofar as the
same allows retirement gratuity and commutation of vacation and sick leave to Senators and
Representatives, and to the elective officials of both Houses (of Congress). The provision on
retirement gratuity is an attempt to circumvent the Constitutional ban on increase of salaries of the
members of Congress during their term of office, contrary to the provisions of Article VI, Section 14 of
the Constitution. The same provision constitutes “selfish class legislation” because it allows members
and officers of Congress to retire after twelve (12) years of service and gives them a gratuity equivalent
to one year salary for every four years of service, which is not refundable in case of reinstatement or
re election of the retiree, while all other officers and employees of the government can retire only after
at least twenty (20) years of service and are given a gratuity which is only equivalent to one month
salary for every year of service, which, in any case, cannot exceed 24 months. The provision on
vacation and sick leave, commutable at the highest rate received, insofar as members of Congress
are concerned, is another attempt of the legislator to further increase their compensation in violation
of the Constitution.
The Solicitor General counter-argued alleging that the grant of retirement or pension benefits
under Republic Act No. 3836 to the officers objected to by the petitioner does not constitute “forbidden
compensation” within the meaning of Section 14 of Article VI of the Philippine Constitution. The law in
question does not constitute class legislation. The payment of commutable vacation and sick leave
benefits under the said Act is merely “in the nature of a basis for computing the gratuity due each
retiring member” and, therefore, is not an indirect scheme to increase their salary.
Issue:
whether Republic Act 3836 violates Section 14, Article VI, of the Constitution which reads
as follows:
The senators and the Members of the House of Representatives shall, unless otherwise provided by
law, receive an annual compensation of seven thousand two hundred pesos each, including per diems
and other emoluments or allowances, and exclusive only of travelling expenses to and from their
respective districts in the case of Members of the House of Representative and to and from their places
of residence in the case of Senators, when attending sessions of the Congress. No increase in said
compensation shall take effect until after the expiration of the full term of all the Members of the Senate
and of the House of Representatives approving such increase. Until otherwise provided by law, the
President of the Senate and the Speaker of the House of Representatives shall each receive an annual
compensation of sixteen thousand pesos.
Held:
Yes. When the Constitutional Convention first determined the compensation for the
Members of Congress, the amount fixed by it was only P5,000.00 per annum but it embodies a special
proviso which reads as follows: “No increase in said compensation shall take effect until after the
expiration of the full term of all the members of the National Assembly elected subsequent to approval
of such increase.” In other words, under the original constitutional provision regarding the power of the
National Assembly to increase the salaries of its members, no increase would take effect until after
the expiration of the full term of the members of the Assembly elected subsequent to the approval of
such increase.
The Constitutional provision in the aforementioned Section 14, Article VI, includes in the term
compensation “other emoluments”. This is the pivotal point on this fundamental question as to whether
the retirement benefit as provided for in Republic Act 3836 fall within the purview of the term “other
emoluments.”
Emolument is defined as the profit arising from office or employment; that which is received
as compensation for services or which is annexed to the possession of an office, as salary, fees and
perquisites.
It is evident that retirement benefit is a form or another species of emolument, because it is a
part of compensation for services of one possessing any office.
Republic Act 3836 provides for an increase in the emoluments of Senators and Members of
the House of Representatives, to take effect upon the approval of said Act, which was on June 22,
1963. Retirement benefits were immediately available thereunder, without awaiting the expiration of
the full term of all the Members of the Senate and the House of Representatives approving such
increase. Such provision clearly runs counter to the prohibition in Article VI, Section 14 of the
Constitution. RA 3836 is therefore unconstitutional.
47. TIO VS VIDEOGRAM REGULATORY BOARD
FACTS: In 1985, Presidential Dedree No. 1987 entitled “An Act Creating the Videogram Regulatory
Board” was enacted which gave broad powers to the VRB to regulate and supervise the videogram
industry. The said law sought to minimize the economic effects of piracy. There was a need to regulate
the sale of videograms as it has adverse effects to the movie industry. The proliferation of videograms
has significantly lessened the revenue being acquired from the movie industry, and that such loss may
be recovered if videograms are to be taxed. Section 10 of the PD imposes a 30% tax on the gross
receipts payable to the LGUs.
In 1986, Valentin Tio assailed the said PD as he averred that it is unconstitutional on the following
grounds:
1. Section 10 thereof, which imposed the 30% tax on gross receipts, is a rider and is not germane to the
subject matter of the law.
2. There is also undue delegation of legislative power to the VRB, an administrative body, because the
law allowed the VRB to deputize, upon its discretion, other government agencies to assist the VRB in
enforcing the said PD.
ISSUE: Whether or not the Valentin Tio’s arguments are correct.
HELD: No.
1. The Constitutional requirement that “every bill shall embrace only one subject which shall be
expressed in the title thereof” is sufficiently complied with if the title be comprehensive enough to
include the general purpose which a statute seeks to achieve. In the case at bar, the questioned
provision is allied and germane to, and is reasonably necessary for the accomplishment of, the general
object of the PD, which is the regulation of the video industry through the VRB as expressed in its title.
The tax provision is not inconsistent with, nor foreign to that general subject and title. As a tool for
regulation it is simply one of the regulatory and control mechanisms scattered throughout the PD.
2. There is no undue delegation of legislative powers to the VRB. VRB is not being tasked to legislate.
What was conferred to the VRB was the authority or discretion to seek assistance in the execution,
enforcement, and implementation of the law. Besides, in the very language of the decree, the authority
of the BOARD to solicit such assistance is for a “fixed and limited period” with the deputized agencies
concerned being “subject to the direction and control of the [VRB].”
48. PHILIPPINE JUDGES ASSICIATION VS PRADO
Section 35 of Republic Act No. 7354 authorized the Philippine Postal Corporation (PPC) to
withdraw franking privileges from certain government agencies. Franking privilege is a
privilege granted to certain agencies to make use of the Philippine postal service free of
charge.
In 1992, a study came about where it was determined that the bulk of the expenditure of the
postal service comes from the judiciary’s use of the postal service (issuance of court
processes). Hence, the postal service recommended that the franking privilege be withdrawn
from the judiciary. AS a result, the PPC issued a circular withdrawing the said franking
privilege.
The Philippine Judges Association (PJA) assailed the circular and questioned the validity of
Section 35 of RA 7354. PJA claimed that the said provision is violative of the equal protection
clause.
ISSUE: Whether or not the withdrawal of the franking privilege from the judiciary is valid.
HELD: No. The Supreme Court ruled that there is a violation of the equal protection clause.
The judiciary needs the franking privilege so badly as it is vital to its operation. Evident to that
need is the high expense allotted to the judiciary’s franking needs. The Postmaster cannot
be sustained in contending that the removal of the franking privilege from the judiciary is in
order to cut expenditure. This is untenable for if the Postmaster would intend to cut
expenditure by removing the franking privilege of the judiciary, then they should have
removed the franking privilege all at once from all the other departments. If the problem is the
loss of revenues from the franking privilege, the remedy is to withdraw it altogether from all
agencies of the government, including those who do not need it. The problem is not solved
by retaining it for some and withdrawing it from others, especially where there is no substantial
distinction between those favored, which may or may not need it at all, and the Judiciary,
which definitely needs it. The problem is not solved by violating the Constitution.
The equal protection clause does not require the universal application of the laws on all
persons or things without distinction (it is true that the postmaster withdraw the franking
privileges from other agencies of the government but still, the judiciary is different because
its operation largely relies on the mailing of court processes). This might in fact sometimes
result in unequal protection, as where, for example, a law prohibiting mature books to all
persons, regardless of age, would benefit the morals of the youth but violate the liberty of
adults. What the clause requires is equality among equals as determined according to a valid
classification. By classification is meant the grouping of persons or things similar to each other
in certain particulars and different from all others in these same particulars.
In lumping the Judiciary with the other offices from which the franking privilege has been
withdrawn, Sec 35 has placed the courts of justice in a category to which it does not belong.
If it recognizes the need of the President of the Philippines and the members of Congress for
the franking privilege, there is no reason why it should not recognize a similar and in fact
greater need on the part of the Judiciary for such privilege.
49. TOLENTINO VS SECRETARY OF FINANCE
FACTS: RA 7716, otherwise known as the Expanded Value-Added Tax Law, is an act that seeks to widen
the tax base of the existing VAT system and enhance its administration by amending the National
Internal Revenue Code. There are various suits questioning and challenging the constitutionality of RA
7716 on various grounds.
Tolentino contends that RA 7716 did not originate exclusively from the House of Representatives but is a
mere consolidation of HB. No. 11197 and SB. No. 1630 and it did not pass three readings on separate
days on the Senate thus violating Article VI, Sections 24 and 26(2) of the Constitution, respectively.
Art. VI, Section 24: All appropriation, revenue or tariff bills, bills authorizing increase of the public debt,
bills of local application, and private bills shall originate exclusively in the House of Representatives, but
the Senate may propose or concur with amendments.
Art. VI, Section 26(2): No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.
ISSUE: Whether or not RA 7716 violated Art. VI, Section 24 and Art. VI, Section 26(2) of the Constitution.
HELD: No. The argument that RA 7716 did not originate exclusively in the House of Representatives as
required by Art. VI, Sec. 24 of the Constitution will not bear analysis. To begin with, it is not the law but
the revenue bill which is required by the Constitution to originate exclusively in the House of
Representatives. To insist that a revenue statute and not only the bill which initiated the legislative
process culminating in the enactment of the law must substantially be the same as the House bill would
be to deny the Senate’s power not only to concur with amendments but also to propose amendments.
Indeed, what the Constitution simply means is that the initiative for filing revenue, tariff or tax bills, bills
authorizing an increase of the public debt, private bills and bills of local application must come from the
House of Representatives on the theory that, elected as they are from the districts, the members of the
House can be expected to be more sensitive to the local needs and problems. Nor does the Constitution
prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House,
so long as action by the Senate as a body is withheld pending receipt of the House bill.
The next argument of the petitioners was that S. No. 1630 did not pass 3 readings on separate days as
required by the Constitution because the second and third readings were done on the same day. But
this was because the President had certified S. No. 1630 as urgent. The presidential certification
dispensed with the requirement not only of printing but also that of reading the bill on separate days.
That upon the certification of a bill by the President the requirement of 3 readings on separate days and
of printing and distribution can be dispensed with is supported by the weight of legislative practice.
HELD:
The veto of these specific provisions in the GAA is tantamount to dictating to the Judiciary how its funds
should be utilized, which is clearly repugnant to fiscal autonomy. Pursuant to constitutional mandate,
the Judiciary must enjoy freedom in the disposition of the funds allocated to it in the appropriations law.
Any argument which seeks to remove special privileges given by law to former Justices on the ground
that there should be no grant of distinct privileges or “preferential treatment” to retired Justices ignores
these provisions of the Constitution and in effect asks that these Constitutional provisions on special
protections for the Judiciary be repealed.
The petition is granted and the questioned veto is illegal and the provisions of 1992 GAA are declared
valid and subsisting.
OSMENA VS ORBOS
" To avoid the taint of unlawful delegation of the power to tax, there must be a standard which implies
that the legislature determines matter of principle and lays down fundamental policy."
FACTS: Senator John Osmeña assails the constitutionality of paragraph 1c of PD 1956, as amended by EO
137, empowering the Energy Regulatory Board (ERB) to approve the increase of fuel prices or impose
additional amounts on petroleum products which proceeds shall accrue to the Oil Price Stabilization Fund
(OPSF) established for the reimbursement to ailing oil companies in the event of sudden price increases.
The petitioner avers that the collection on oil products establishments is an undue and invalid delegation
of legislative power to tax. Further, the petitioner points out that since a 'special fund' consists of monies
collected through the taxing power of a State, such amounts belong to the State, although the use thereof
is limited to the special purpose/objective for which it was created. It thus appears that the challenge
posed by the petitioner is premised primarily on the view that the powers granted to the ERB under P.D.
1956, as amended, partake of the nature of the taxation power of the State.
ISSUE: Is there an undue delegation of the legislative power of taxation?
HELD: None. It seems clear that while the funds collected may be referred to as taxes, they are exacted
in the exercise of the police power of the State. Moreover, that the OPSF as a special fund is plain from
the special treatment given it by E.O. 137. It is segregated from the general fund; and while it is placed
in what the law refers to as a "trust liability account," the fund nonetheless remains subject to the
scrutiny and review of the COA. The Court is satisfied that these measures comply with the
constitutional description of a "special fund." With regard to the alleged undue delegation of
legislative power, the Court finds that the provision conferring the authority upon the ERB to impose
additional amounts on petroleum products provides a sufficient standard by which the authority must
be exercised. In addition to the general policy of the law to protect the local consumer by stabilizing and
subsidizing domestic pump rates, P.D. 1956 expressly authorizes the ERB to impose additional amounts
to augment the resources of the Fund.
PHILCONSA VS ENRIQUEZ
Facts: The General Appropriations Act appropriated Php 86.3 billion for debt services. Congress added a
special provision which provided that the amount appropriated shall be used for payment of the national
debt only and not to be paid to the liabilities of the Central Bank. The appropriation for DPWH also
provided that the maximum amount to be contracted for the maintenance of national roads and bridges
should not exceed 30% the appropriation for medicines by the Armed Forces of the Philippines required
approval Congress for the release of funds.
In the General Appropriations Act of 1994 the appropriation for the Armed Forces of the Philippines
contains a provision authorizing the Chief of Staff to use savings in the appropriation to augment the
pension and gratuity fund of the Armed Forces of the Philippines. The President vetoed the authorization
given by the Chief of Staff to use savings to augment the pension and gratuity fund. Several Senators
questioned the validity of the veto.
Issue: Whether or not the President’s veto is valid?
Decision: Petition dismissed. Congress can not include in the general appropriations matters that should
be enacted in a separate legislation and if it does so, the inappropriate provision must be treated as an
item and can be vetoed by the President.
The provision in GAA authorizing the Chief of Staff to use savings to augment the pension and gratuity
fund violates Section 25 (paragraph 5) and Section 29 (paragraph 1) of Article 6 of the 1987 Constitution.
Only the President is authorized to augment items from savings in the general appropriation to the
executive branch. Also pursuant to Section 29 – no money shall be paid out of the treasury except in
pursuance of an appropriation made by law.
First Lepanto Ceramics, Inc. v. CA
G.R. No. 117680 February 9, 1996
Vitug, J.
Facts: Petitioner First Lepanto Ceramics, Inc., was registered as a “non-pioneer enterprise” with
public respondent BOI having been so issued a Certificate of Registration under Executive Order NO.
226, also known as the Omnibus Investments Code of 1987, in the manufacture of glazed floor tiles.
Among the specific terms and conditions imposed on First Lepanto’s registration were that: (1) The
enterprise shall export at least 50% of its production; and (2) The enterprise shall produce only glazed
floor tile.
In a letter addressed to the BOI, First Lepanto requested for an amendment of its registered
product to “ceramic tiles” in order to likewise enable it to manufacture ceramic wall tiles; however,
before the BOI could act on First Lepanto’s request for amendment, Mariwasa and Fil-Hispano Ceramics,
Inc., already had on file their separate complaints with the BOI against First Lepanto for violating the
terms and conditions of its registration by the use of its tax and duty-free equipment in the production
of ceramic wall tiles.
The BOI rendered a decision finding First Lepanto guilty and imposing on the latter a fine of P797,950.40
without prejudice, however, 1) to an imposition of additional penalty should First Lepanto continue to
commit the same violation; and 2) to the Board’s authority to consider/ evaluate First Lepanto’s request
for an amendment of its certificate of registration, including, among other things, a change in its
registered product from “glazed floor tiles” to “ceramic tiles.”
After paying the imposed fine, First Lepanto formally filed its application with the BOI to amend its
registered product from “glazed floor tiles” to “ceramic tiles.”
On 06 August 1992, another verified complaint was filed by Mariwasa with the BOI which asseverated
that, despite BOI’s finding that First Lepanto had violated the terms and conditions of its registration,
the latter still continued with its unauthorized production and sale of ceramic wall tiles. Respondent BOI
dismissed the complaint for lack of merit. Its motion for reconsideration having been denied, Mariwasa
appealed the case to the Office of the President.
In the meantime, First Lepanto caused the publicationin the Manila Bulletin of a notice on the official
filing with the BOI of the aforementioned application for amendment of Certificate of Registration No.
EP 89-452. Mariwasa opposed the application. On 10 December 1992, respondent BOI handed down its
decision approving First Lepanto’s application.
Issue: whether or not the Court of Appeals erred in setting aside the decision of the Board of
Investments
Held: The BOI is the agency tasked with evaluating the feasibility of an investment project and to
decide which investment might be compatible with its development plans. The exercise of administrative
discretion is a policy decision and a matter that can best be discharged by the government agency
concerned and not by the courts. BOI has allowed the amendment of First Lepanto’s product line because
that agency believes that allowing First Lepanto to manufacture wall tiles as well will give it the needed
technical and market flexibility, a key factor, to enable the firm to eventually penetrate the world market
and meet its export requirements.
It is basic rule that the courts will not interfere in matters which are addressed to the sound
discretion of government agencies entrusted with the regulation of activities coming under the special
technical knowledge and training of such agencies.
Diaz v. CA
G.R. No. L-109698 December 5, 1
Bellossillo, J.
Facts: On 23 January 1991, Davao Light and Power Company, Inc. (DLPC) filed with the Energy
Regulatory Board (ERB) an application for the approval of the sound value appraisal of its property in
service.
The Asian Appraisal Company valued the property and equipment of DLPC as of 12 March 1990
at One Billion One Hundred Forty One Million Seven Hundred Seventy Four Thousand Pesos
(P1,141,774,000.00).
On 6 December 1992, ERB approved the application of DLPC after deducting Fourteen Million
Eight Hundred Thousand Pesos (P14,800,000.00) worth of property and equipment which were not used
by DLPC in its operation.
On 6 July 1992, petitioners filed a petition for review on certiorari before the Supreme Court
assailing the decision of ERB on the ground of lack of jurisdiction and/or grave abuse of discretion
amounting to lack of jurisdiction.
In our resolution of 8 September 1992, the Supreme Court referred the case for proper
disposition to the Court of Appeals which subsequently dismissed the petition on the ground that (1) the
filing of the petition for review with the Supreme Court was a wrong mode of appeal, and (2) the petition
did not comply with the provisions of Supreme Court Circular 1-88 in that (a) it did not state the date when
the petitioners received notice of the ERB decision, (b) it did not state the date when the petitioners filed
a motion for reconsideration, and (c) it inconsistently alleged different dates when petitioners supposedly
received the denial of their motion by ERB.
On 18 December 1992, petitioners filed a motion for reconsideration contending that our
resolution of 8 September 1992 was a directive for the Court of Appeals to disregard the above circular.
In its resolution of 24 March 1993, the Court of Appeals denied the motion for reconsideration for lack of
merit.
Issue: whether or not E.O. No. 172 is violative of Section 30, Article VI of the Constitution
Held: Yes. Since Sec. 10 of E.O. No. 172 was enacted without the advice and concurrence of the
Supreme Court, this provision never became effective, with the result that it cannot be deemed to have
amended the Judiciary Reorganization Act of 1980. Consequently, the authority of the Court of Appeals
to decide cases from the Board of Energy, now ERB, remains.
Executive Department
Marcos, petitioner
VS.
Manglapus, respondent (Part 1)
Facts:
Former President Ferdinand E. Marcos was deposed from the presidency via the non-violent “people
power” revolution and was forced into exile. Marcos, in his deathbed, has signified his wish to return to
the Philippines to die. But President Corazon Aquino, considering the dire consequences to the nation of
his return at a time when the stability of government is threatened from various directions and the
economy is just beginning to rise and move forward, has stood firmly on the decision to bar the return
of Marcos and his family.
Aquino barred Marcos from returning due to possible threats & following supervening events:
1. failed Manila Hotel coup in 1986 led by Marcos leaders
3. plan of Marcoses to return w/ mercenaries aboard a chartered plane of a Lebanese arms dealer.
This is to prove that they can stir trouble from afar
Marcos filed for a petition of mandamus and prohibition to order the respondents to issue them their
travel documents and prevent the implementation of President Aquino’s decision to bar Marcos from
returning in the Philippines. Petitioner questions Aquino’s power to bar his return in the country. He
also questioned the claim of the President that the decision was made in the interest of national
security, public safety and health. Petitioner also claimed that the President acted outside her
jurisdiction.
According to the Marcoses, such act deprives them of their right to life, liberty, property without due
process and equal protection of the laws. They also said that it deprives them of their right to travel
which according to Section 6, Article 3 of the constitution, may only be impaired by a court order.
Issue:
1. Whether or not, in the exercise of the powers granted by the Constitution, the President may
prohibit the Marcoses from returning to the Philippines.
2. Whether or not the President acted arbitrarily or with grave abuse of discretion amounting to
lack or excess of jurisdiction when she determined that the return of the Marcoses to the
Philippines poses a serious threat to national interest and welfare and decided to bar their
return.
REVIEW CENTER ASSOCIATION OF THE PHILIPPINES, Petitioner, vs. EXECUTIVE SECRETARY EDUARDO
ERMITA and COMMISSION ON HIGHER EDUCATION represented by its Chairman ROMULO L. NERI,
Respondents.
CPA REVIEW SCHOOL OF THE PHILIPPINES, INC. (CPAR), PROFESSIONAL REVIEW AND TRAINING
CENTER, INC. (PRTC), ReSA REVIEW SCHOOL, INC. (ReSA), CRC-ACE REVIEW SCHOOL, INC. (CRC-
ACE)Petitioners-Intervenors. PIMSAT COLLEGES, Respondent-Intervenor.
Carpio, 2009
Facts:
- There was a report that handwritten copies of two sets of 2006 Nursing Board examination were
circulated during the examination period among examinees reviewing at the R.A. Gapuz Review Center
and Inress Review Center. The examinees were provided with a list of 500 questions and answers in two
of the examinations’ five subjects, particularly Tests III (Psychiatric Nursing) and V (Medical-Surgical
Nursing). The PRC later admitted the leakage and traced it to two Board of Nursing members. Exam results
came out but Court of Appeals restrained the PRC from proceeding with the oath-taking of the successful
examinees.
- President GMA ordered for a re-examination and issued EO 566 which authorized the CHED to
supervise the establishment and operation of all review centers and similar entities in the Philippines.
CHED Chairman Puno approved CHED Memorandum Order No. 49 series of 2006 (Implementing Rules
and Regulations).
- Review Center Association of the Philippines (petitioner), an organization of independent review centers,
asked the CHED to "amend, if not withdraw" the IRR arguing, among other things, that giving permits to
operate a review center to Higher Education Institutions (HEIs) or consortia of HEIs and professional
organizations will effectively abolish independent review centers. CHED Chairman Puno however believed
that suspending the implementation of the IRR would be inconsistent with the mandate of EO 566.
- A dialogue between the petitioner and CHED took place. Revised IRR was approved. Petitioner filed
before the CHED a Petition to Clarify/Amend RIRR praying to exclude independent review center from
the coverage of the CHED; to clarify the meaning of the requirement for existing review centers to tie-up
with HEIs; to revise the rules to make it conform with RA 7722 limiting the CHED’s coverage to public
and private institutions of higher.
- In 2007, then CHED Chairman Neri responded to the petitioner that: to exclude the operation of
independent review centers from the coverage of CHED would clearly contradict the intention of the
said Executive Order No. 566; As to the request to clarify what is meant by tie-up/be integrated with an
HEI, tie-up/be integrated simply means, to be in partner with an HEI.
- Petitioner filed a petition for Prohibition and Mandamus before this Court praying for the annulment
of the RIRR, the declaration of EO 566 as invalid and unconstitutional exercise of legislative power, and
the prohibition against CHED from implementing the RIRR. Motion to intervene filed by other
organizations/institutions were granted by the Court.
- On 21 May 2008, CHED issued CHED Memorandum Order No. 21, Series of 2008 (CMO 21, s. 2008)
extending the deadline for six months from 27 May 2008 for all existing independent review centers
to tie-up or be integrated with HEIs in accordance with the RIRR. On 25 November 2008 Resolution, SC
resolved to require the parties to observe the status quo prevailing before the issuance of EO 566, the
RIRR, and CMO 21, s. 2008.
Issues: 1. Whether EO 566 is an unconstitutional exercise by the Executive of legislative power as it
expands the CHED’s jurisdiction [Yes, it expands CHED’s jurisdiction, hence unconsititutional]; and
2. Whether the RIRR is an invalid exercise of the Executive’s rule-making power. [Yes, it is invalid.]
Held/Ratio: 1. The scopes of EO 566 and the RIRR clearly expand the CHED’s coverage under RA 7722.
The CHED’s coverage under RA 7722 is limited to public and private institutions of higher education
and degree-granting programs in all public and private post-secondary educational institutions. EO
566 directed the CHED to formulate a framework for the regulation of review centers and similar
entities.
The definition of a review center under EO 566 shows that it refers to one which offers "a program or
course of study that is intended to refresh and enhance the knowledge or competencies and skills of
reviewees obtained in the formal school setting in preparation for the licensure examinations" given by
the PRC. It does not offer a degree-granting program that would put it under the jurisdiction of the CHED.
A review course is only intended to "refresh and enhance the knowledge or competencies and skills of
reviewees." Thus, programs given by review centers could not be considered "programs x x x of higher
learning" that would put them under the jurisdiction of the CHED. "Higher education," is defined as
"education beyond the secondary level” or "education provided by a college or university."
Further, the "similar entities" in EO 566 cover centers providing "review or tutorial services" in areas not
covered by licensure examinations given by the PRC, which include, although not limited to, college
entrance examinations, Civil Services examinations, and tutorial services. These review and tutorial
services hardly qualify as programs of higher learning.
2. ) The exercise of the President’s residual powers under Section 20, Title I of Book III of EO (invoked by
the OSG to justify GMA’s action) requires legislation; as the provision clearly states that the exercise of
the President’s other powers and functions has to be "provided for under the law." There is no law
granting the President the power to amend the functions of the CHED. The President has no inherent or
delegated legislative power to amend the functions of the CHED under RA 7722.
The line that delineates Legislative and Executive power is not indistinct. Legislative power is "the
authority, under the Constitution, to make laws, and to alter and repeal them." The Constitution, as
the will of the people in their original, sovereign and unlimited capacity, has vested this power in the
Congress of the Philippines. Any power, deemed to be legislative by usage and tradition, is necessarily
possessed by Congress, unless the Constitution has lodged it elsewhere.
The President has control over the executive department, bureaus and offices. Meaning, he has the
authority to assume directly the functions of the executive department, bureau and office, or interfere
with the discretion of its officials. Corollary to the power of control, he is granted administrative power.
Administrative power is concerned with the work of applying policies and enforcing orders as
determined by proper governmental organs. It enables the President to fix a uniform standard of
administrative efficiency and check the official conduct of his agents. To this end, he can issue
administrative orders, rules and regulations. An administrative order is an ordinance issued by the
President which relates to specific aspects in the administrative operation of government. It must be in
harmony with the law and should be for the sole purpose of implementing the law and carrying out
the legislative policy.
Since EO 566 is an invalid exercise of legislative power, the RIRR is also an invalid exercise of the
CHED’s quasi-legislative power. Administrative agencies exercise their quasi-legislative or rule-making
power through the promulgation of rules and regulations. The CHED may only exercise its rule-making
power within the confines of its jurisdiction under RA 7722. But The RIRR covers review centers and
similar entities.
Other issues: Re: issue judicial hierarchy, the alleged violation of the Constitution by the Executive
Department when it issued EO 566 justifies the exercise by the Court of its primary jurisdiction over the
case. The Court is not precluded from brushing aside technicalities and taking cognizance of an action
due to its importance to the public.
Re: police power, no delegation of police power exists under RA 7722 authorizing the President to
regulate the operations of non-degree granting review centers.
Re: RA 8981 as the appropriate law, the PRC has the power to adopt measures to preserve the integrity
and inviolability of licensure examinations. However, this power should properly be interpreted to refer
to the conduct of the examinations. The power to preserve the integrity and inviolability of licensure
examinations should be read together with these functions. These powers of the PRC have nothing to do
at all with the regulation of review centers.
The BJE is a far more powerful entity than the autonomous region recognized in the Constitution. It is
not merely an expanded version of the ARMM, the status of its relationship with the national government
being fundamentally different from that of the ARMM. Indeed, BJE is a state in all but name as it meets
the criteria of a state laid down in the Montevideo Convention, namely, a permanent population, a
defined territory, a government, and a capacity to enter into relations with other states.
Even assuming arguendo that the MOA-AD would not necessarily sever any portion of Philippine territory,
the spirit animating it – which has betrayed itself by its use of the concept of association – runs counter
to the national sovereignty and territorial integrity of the Republic.
The defining concept underlying the relationship between the national government and the BJE being
itself contrary to the present Constitution, it is not surprising that many of the specific provisions of the
MOA-AD on the formation and powers of the BJE are in conflict with the Constitution and the laws. The
BJE is more of a state than an autonomous region. But even assuming that it is covered by the term
“autonomous region” in the constitutional provision just quoted, the MOA-AD would still be in conflict
with it.
b) to revise or amend the Constitution and existing laws to conform to the MOA:
The MOA-AD provides that “any provisions of the MOA-AD requiring amendments to the existing legal
framework shall come into force upon the signing of a Comprehensive Compact and upon effecting the
necessary changes to the legal framework,” implying an amendment of the Constitution to
accommodate the MOA-AD. This stipulation, in effect, guaranteed to the MILF the amendment of the
Constitution .
It will be observed that the President has authority, as stated in her oath of office, only to preserve and
defend the Constitution. Such presidential power does not, however, extend to allowing her to change
the Constitution, but simply to recommend proposed amendments or revision. As long as she limits
herself to recommending these changes and submits to the proper procedure for constitutional
amendments and revision, her mere recommendation need not be construed as an unconstitutional act.
The “suspensive clause” in the MOA-AD viewed in light of the above-discussed standards.
Given the limited nature of the President’s authority to propose constitutional amendments, she cannot
guarantee to any third party that the required amendments will eventually be put in place, nor even be
submitted to a plebiscite. The most she could do is submit these proposals as recommendations either
to Congress or the people, in whom constituent powers are vested.
c) to concede to or recognize the claim of the Moro Islamic Liberation Front for ancestral domain in
violation of Republic Act No. 8371 (THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997),particularly Section
3(g) & Chapter VII (DELINEATION,
RECOGNITION OF ANCESTRAL DOMAINS)
This strand begins with the statement that it is “the birthright of all Moros and all Indigenous peoples of
Mindanao to identify themselves and be accepted as ‘Bangsamoros.’” It defines “Bangsamoro people” as
the natives or original inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu
archipelago at the time of conquest or colonization, and their descendants whether mixed or of full blood,
including their spouses.
Thus, the concept of “Bangsamoro,” as defined in this strand of the MOA-AD, includes not only “Moros”
as traditionally understood even by Muslims, but all indigenous peoples of Mindanao and its adjacent
islands. The MOA-AD adds that the freedom of choice of indigenous peoples shall be respected. What this
freedom of choice consists in has not been specifically defined. The MOA-AD proceeds to refer to the
“Bangsamoro homeland,” the ownership of which is vested exclusively in the Bangsamoro people by
virtue of their prior rights of occupation. Both parties to the MOA-AD acknowledge that ancestral domain
does not form part of the public domain.
Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 provides for clear-cut procedure for
the recognition and delineation of ancestral domain, which entails, among other things, the observance
of the free and prior informed consent of the Indigenous Cultural Communities/Indigenous Peoples.
Notably, the statute does not grant the Executive Department or any government agency the power to
delineate and recognize an ancestral domain claim by mere agreement or compromise.
Two, Republic Act No. 7160 or the Local Government Code of 1991 requires all national offices to conduct
consultations beforeany project or program critical to the environment and human ecology including
those that may call for the eviction of a particular group of people residing in such locality, is implemented
therein. The MOA-AD is one peculiar program that unequivocally and unilaterally vests ownership of a
vast territory to the Bangsamoro people, which could pervasively and drastically result to the diaspora or
displacement of a great number of inhabitants from their total environment.
CONCLUSION:
In sum, the Presidential Adviser on the Peace Process committed grave abuse of discretion when he failed
to carry out the pertinent consultation process, as mandated by E.O. No. 3, Republic Act No. 7160, and
Republic Act No. 8371. The furtive process by which the MOA-AD was designed and crafted runs contrary
to and in excess of the legal authority, and amounts to a whimsical, capricious, oppressive, arbitrary and
despotic exercise thereof. It illustrates a gross evasion of positive duty and a virtual refusal to perform the
duty enjoined.
The MOA-AD cannot be reconciled with the present Constitution and laws. Not only its specific
provisions but the very concept underlying them, namely, the associative relationship envisioned
between the GRP and the BJE, are unconstitutional, for the concept presupposes that the associated
entity is a state and implies that the same is on its way to independence.
April 7, 2010 – Petitioner filed a case as a taxpayer, alleging that the appointments were
prohibited under Section 13 Art VII of the 1987 Constitution (…prohibits the President, Vice-
President, the Members of the Cabinet, and their deputies or assistants from holding any other
office or employment during their tenure unless otherwise provided in the Constitution), and
Section 7, paragraph (2), Article IX-B of the 1987 Constitution, which bans any appointive
official from holding any other office or employment in the Government or any subdivision,
agency or instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries, unless otherwise allowed by law or the primary functions of his position.
August 5, 2010 – During the pendency of the suit, Benigno Simeon Aquino III appointed Atty.
Jose Cadiz as Solicitor General and the latter commenced his duties
(Agra says: he was then the Government Corporate Counsel when President Arroyo designated
him as the Acting Solicitor General in place of Solicitor General Devanadera who had been
appointed as the Secretary of Justice;
That on March 5, 2010, President Arroyo designated him also as the Acting Secretary of Justice
vice Secretary Devanadera who had meanwhile tendered her resignation in order to run for
Congress representing a district in Quezon Province in the May 2010 elections; that he then
relinquished his position as the Government Corporate Counsel; and that pending the
appointment of his successor, Agra continued to perform his duties as the Acting Solicitor
General.)
Respondents contend that Agra’s concurrent designations were only in a temporary capacity,
the only effect of which was to confer additional duties to him. Thus, as the Acting Solicitor
General and Acting Secretary of Justice, Agra was not “holding” both offices in the strict
constitutional sense (which must be regular and permanent and not a mere designation)
Respondents further contend that, even on the assumption that Agra’s concurrent designation
constituted “holding of multiple offices,” his continued service as the Acting Solicitor General
was akin to a hold-over; that upon Agra’s designation as the Acting Secretary of Justice, his term
as the Acting Solicitor General expired in view of the constitutional prohibition against holding
of multiple offices by the Members of the Cabinet; that under the principle of hold-over, Agra
continued his service as the Acting Solicitor General “until his successor is elected and
qualified”10 to “prevent a hiatus in the government pending the time when a successor may be
chosen and inducted into office;”
And that during his continued service as the Acting Solicitor General, he did not receive any
salaries and emoluments from the OSG after becoming the Acting Secretary of Justice
Petitioner counters that there was no “prevailing special circumstance” that justified the non-
application to Agra of Section 13, Article VII of the 1987 Constitution;
And that Agra’s invocation of the principle of hold-over is misplaced for being predicated upon
an erroneous presentation of a material fact as to the time of his designation as the Acting
Solicitor General and Acting Secretary of Justice
ISSUES
1. Whether or not petitioner has locus standi
2. Whether or not the case is moot and academic by virtue of the appointment of Cadiz as
SolGen
3. Whether or not the designation of Agra as the Acting Secretary of Justice, concurrently with his
position of Acting Solicitor General, violated the constitutional prohibition against dual or
multiple offices for the Members of the Cabinet and their deputies and assistants
o the Court did not desist from resolving an issue that a supervening event meanwhile
rendered moot and academic if any of the following recognized exceptions obtained,
namely: (1) there was a grave violation of the Constitution; (2) the case involved a
situation of exceptional character and was of paramount public interest; (3) the
constitutional issue raised required the formulation of controlling principles to guide the
Bench, the Bar and the public; and (4) the case was capable of repetition, yet evading
review.
(3) Yes:
o The designation of Agra as Acting Secretary of Justice concurrently with his position of
Acting Solicitor General was unconstitutional and void for being in violation of the
constitutional prohibition under Section 13, Article VII of the 1987 Constitution.
o Being designated as the Acting Secretary of Justice concurrently with his position of
Acting Solicitor General, therefore, Agra was undoubtedly covered by Section 13, Article
VII, supra, whose text and spirit were too clear to be differently read. Hence, Agra could
not validly hold any other office or employment during his tenure as the Acting Solicitor
General, because the Constitution has not otherwise so provided.
o The OSG are neither required by the primary functions nor included by the powers of
the DOJ—MEANING, one position was not derived from the other.
RULING: WHEREFORE, the Court GRANTS the petition for certiorari and prohibition; ANNULS AND VOIDS
the designation of Hon. Alberto C. Agra as the Acting Secretary of Justice in a concurrent capacity with
his position as the Acting Solicitor General for being unconstitutional and violative of Section 13, Article
VII of the 1987 Constitution; and DECLARES that l-Ion. Alberto C. Agra was a de facto officer during his
tenure as Acting Secretary of Justice.
In order to be clear, therefore, the Court holds that all official actions of Agra as a de facto Acting
Secretary of Justice, assuming that was his later designation, were presumed valid, binding and effective
as if he was the officer legally appointed and qualified for the office. 54 This clarification is necessary in
order to protect the sanctity of the dealings by the public with persons whose ostensible authority
emanates from the State.
NOTES
*** Ex officio likewise denotes an “act done in an official character, or as a consequence of office, and
without any other appointment or authority other than that conferred by the office.” The ex officio
position being actually and in legal contemplation part of the principal office, it follows that the official
concerned has no right to receive additional compensation for his services in the said position. The
reason is that these services are already paid for and covered by the compensation attached to his
principal office.
2. Whether or not there is justiciable controversy that is ripe for judicial determination.
3. Whether or not the incumbent President can appoint the next Chief Justice.
4. Whether or not mandamus and prohibition will lie to compel the submission of the shortlist of
nominees by the JBC.
HELD:
1.Petitioners have legal standing because such requirement for this case was waived by the Court. Legal
standing is a peculiar concept in constitutional law because in some cases, suits are not brought by parties
who have been personally injured by the operation of a law or any other government act but by concerned
citizens, taxpayers or voters who actually sue in the public interest.” But even if, strictly speaking, the
petitioners “are not covered by the definition, it is still within the wide discretion of the Court to waive
the requirement and so remove the impediment to its addressing and resolving the serious constitutional
questions raised.”
2. There is a justiciable issue. The court holds that the petitions set forth an actual case or controversy
that is ripe for judicial determination. The reality is that the JBC already commenced the proceedings for
the selection of the nominees to be included in a short list to be submitted to the President for
consideration of which of them will succeed Chief Justice Puno as the next Chief Justice. Although the
position is not yet vacant, the fact that the JBC began the process of nomination pursuant to its rules and
practices, although it has yet to decide whether to submit the list of nominees to the incumbent outgoing
President or to the next President, makes the situation ripe for judicial determination, because the next
steps are the public interview of the candidates, the preparation of the short list of candidates, and the
“interview of constitutional experts, as may be needed.” The resolution of the controversy will surely
settle – with finality – the nagging questions that are preventing the JBC from moving on with the process
that it already began, or that are reasons persuading the JBC to desist from the rest of the process.
3.Prohibition under section 15, Article VII does not apply to appointments to fill a vacancy in the Supreme
Court or to other appointments to the judiciary. The records of the deliberations of the Constitutional
Commission reveal that the framers devoted time to meticulously drafting, styling, and arranging the
Constitution. Such meticulousness indicates that the organization and arrangement of the provisions of
the Constitution were not arbitrarily or whimsically done by the framers, but purposely made to reflect
their intention and manifest their vision of what the Constitution should contain. As can be seen, Article
VII is devoted to the Executive Department, and, among others, it lists the powers vested by the
Constitution in the President. The presidential power of appointment is dealt with in Sections 14, 15 and
16 of the Article. Had the framers intended to extend the prohibition contained in Section 15, Article VII
to the appointment of Members of the Supreme Court, they could have explicitly done so. They could not
have ignored the meticulous ordering of the provisions. They would have easily and surely written the
prohibition made explicit in Section 15, Article VII as being equally applicable to the appointment of
Members of the Supreme Court in Article VIII itself, most likely in Section 4 (1), Article VIII.
4.Writ of mandamus does not lie against the JBC. Mandamus shall issue when any tribunal, corporation,
board, officer or person unlawfully neglects the performance of an act that the law specifically enjoins as
a duty resulting from an office, trust, or station. It is proper when the act against which it is directed is
one addressed to the discretion of the tribunal or officer. Mandamus is not available to direct the exercise
of a judgment or discretion in a particular way. For mandamus to lie, the following requisites must be
complied with: (a) the plaintiff has a clear legal right to the act demanded; (b) it must be the duty of the
defendant to perform the act, because it is mandated by law; (c) the defendant unlawfully neglects the
performance of the duty enjoined by law; (d) the act to be performed is ministerial, not discretionary; and
(e) there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law.
The above-mentioned circumstance is the only instance where the appointment made by the President
that requires approval from the COA and the following instances are those which does not require
approval from COA:
All other Officers of the Government whose appointments are not otherwise provided by law;
172 SCRA 150 – Political Law – Appointments – Commission on Human Rights – Security of Tenure
In August 1987, then President Corazon Aquino designated Mary Concepcion-Bautista as the Acting
Chairwoman of Commission on Human Rights. In December 1987, Cory made the designation of Bautista
permanent. Bautista then took her oath of office.
Later however, Bautista received a letter from the Commission on Appointments (COA) requiring her to
submit certain documents for her qualification and for confirmation by the COA. Bautista then wrote a
letter to the COA Chairman, Senate President Jovito Salonga, and she explained that her position as
chairwoman of the CHR does not require confirmation by the COA as laid down in the case of Sarmiento
vs Mison.
Meanwhile, pending the issue of Bautista’s appointment with the COA, Cory designated Hesiquio
Mallilin as the acting chairman of the CHR.
In 1989, the COA finally disapproved the appointment of Bautista. COA considered Bautista’s
appointment as “ad interim”.
Bautista went to the Supreme Court and questioned COA’s actions. She impleaded Mallillin. Mallillin on
his part invoked Executive Order No. 163-A which provided that the appointment of the CHR chair is at
the pleasure of the president. Hence, since Cory left the issue with the COA and the latter decided not to
confirm Bautista, Mallillin should be allowed to take his seat as chairman of the CHR.
ISSUE: Whether or not Bautista’s appointment is subject to COA’s confirmation.
HELD: No. The appointment of the Chairman and Members of the CHR is not specifically provided for in
the Constitution itself, unlike the Chairmen and Members of the Civil Service Commission, the
Commission on Elections and the Commission on Audit, whose appointments are expressly vested by
the Constitution in the President with the consent of the COA. The President appoints the Chairman and
Members of the CHR pursuant to the second sentence in Sec 16, Art. 7, that is, without the confirmation
of the COA because they are among the officers of government “whom he (the President) may be
authorized by law to appoint.” The law which authorizes the president to make appointments to the
CHR is Executive Order No. 163.
The act of Cory submitting Bautista’s appointment to the COA for confirmation is merely political in
nature and it has no basis in law or in the constitution. Appointment to the CHR should be made without
the participation of the COA. Thus, Cory’s act of submitting the appointment of Bautista to the CHR is
done without or in excess of jurisdiction.
Even assuming arguendo that the President can submit such appointment to the COA for the latter’s
approval or rejection, such submission is not valid because at the time of submission, the office of the
chairman (chairwoman) of the CHR is not vacant – as at that time, Bautista already took her oath and
was the incumbent CHR chairperson.
There is also no basis for the COA to consider Bautista’s appointment as “ad interim”. Since the position
of chairman and members of the CHR are not subject to COA confirmation, all appointments to the CHR
are always permanent and cannot be ad interim.
Anent the argument of Mallillin that EO 163-A provides that the chairman and members of the CHR may
be removed at the pleasure of the president, the same is not valid. Thus, EO 163-A is unconstitutional.
Note that the earlier EO 163 provides that the chairman and the members of the CHR shall have a term
of 7 years. The Chairman and the Commissioners of the CHR cannot be removed at the pleasure of the
president for it is guaranteed that they must have a term of office. They can only be removed upon cause
and with the observance of due process.
FACTS:
The constitutionality of Sec. 13, par. (d), of R.A. 7227, otherwise known as the "Bases
Conversion and Development Act of 1992," under which respondent Mayor Richard J. Gordon of
Olongapo City was appointed Chairman and Chief Executive Officer of the Subic Bay Metropolitan
Authority (SBMA), is challenged in this case. Paragraph (d) reads —
ISSUE: Whether or not the proviso in Sec. 13, par. (d), of R.A. 7227 is constitutional.
RULING:
The proviso violates the constitutional proscription against appointment or designation
of elective officials to other government posts.
In full, Sec. 7 of Art. IX-B of the Constitution provides:
No elective official shall be eligible for appointment or designation in
any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his
position, no appointive official shall hold any other office or employment in
the Government or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations or their
subsidiaries.
In the case at bar, the subject proviso directs the President to appoint an elective official,
i.e., the Mayor of Olongapo City, to other government posts (as Chairman of the Board and Chief
Executive Officer of SBMA). Since this is precisely what the constitutional proscription seeks to
prevent, there is not doubt to conclude that the proviso contravenes Sec. 7, first par., Art. IX-B,
of the Constitution.
In any case, the view that an elective official may be appointed to another post if allowed
by law or by the primary functions of his office, ignores the clear-cut difference in the wording of
the two (2) paragraphs of Sec. 7, Art. IX-B, of the Constitution. While the second paragraph
authorizes holding of multiple offices by an appointive official when allowed by law or by the
primary functions of his position, the first paragraph appears to be more stringent by not
providing any exception to the rule against appointment or designation of an elective official to
the government post, except as are particularly recognized in the Constitution itself.
The appointment of Gordon as Chairman of the SBMA is null. However, despite his
appointment to the said office, Gordon did not automatically forfeit his seat as Mayor of
Olongapo City.
Where, as in the case of respondent Gordon, an incumbent elective official was,
notwithstanding his ineligibility, appointed to other government posts, he does not automatically
forfeit his elective office nor remove his ineligibility imposed by the Constitution. On the contrary,
since an incumbent elective official is not eligible to the appointive position, his appointment or
designation thereto cannot be valid in view of his disqualification or lack of eligibility. This
provision should not be confused with Sec. 13, Art. VI, of the Constitution where "(n)o Senator
or Member of the House of Representatives may hold any other office or employment in the
Government . . . during his term without forfeiting his seat . . . ." The difference between the two
provisions is significant in the sense that incumbent national legislators lose their elective posts
only after they have been appointed to another government office, while other incumbent
elective officials must first resign their posts before they can be appointed, thus running the risk
of losing the elective post as well as not being appointed to the other post.
As incumbent elective official, respondent Gordon is ineligible for appointment to the position of
Chairman of the Board and Chief Executive of SBMA; hence, his appointment thereto pursuant to a
legislative act that contravenes the Constitution cannot be sustained. He however remains Mayor of
Olongapo City, and his acts as SBMA official are not necessarily null and void; he may be considered a de
facto officer who may retain the benefits he may received from the position he may have assumed
FACTS: This case is based on multiple cases field with dealt with the controversy that has
arisen from the forthcoming compulsory requirement of Chief Justice Puno on May 17,
2010 or seven days after the presidential election. On December 22, 2009, Congressman
Matias V. Defensor, an ex officio member of the JBC, addressed a letter to the JBC,
requesting that the process for nominations to the office of the Chief Justice be
commenced immediately. In its January 18, 2010 meeting en banc, the JBC passed a
resolution which stated that they have unanimously agreed to start the process of filling
up the position of Chief Justice to be vacated on May 17, 2010 upon the retirement of the
incumbent Chief Justice. As a result, the JBC opened the position of Chief Justice for
application or recommendation, and published for that purpose its announcement in the
Philippine Daily Inquirer and the Philippine Star. In its meeting of February 8, 2010, the
JBC resolved to proceed to the next step of announcing the names of the following
candidates to invite to the public to file their sworn complaint, written report, or
opposition, if any, not later than February 22, 2010. Although it has already begun the
process for the filling of the position of Chief Justice Puno in accordance with its rules, the
JBC is not yet decided on when to submit to the President its list of nominees for the
position due to the controversy in this case being unresolved. The compiled cases which
led to this case and the petitions of intervenors called for either the prohibition of the JBC
to pass the shortlist, mandamus for the JBC to pass the shortlist, or that the act of
appointing the next Chief Justice by GMA is a midnight appointment. A precedent
frequently cited by the parties is the In Re Appointments Dated March 30, 1998 of Hon.
Mateo A. Valenzuela and Hon. Placido B. Vallarta as Judges of the RTC of Branch 62, Bago
City and of Branch 24, Cabanatuan City, respectively, shortly referred to here as the
Valenzuela case, by which the Court held that Section 15, Article VII prohibited the
exercise by the President of the power to appoint to judicial positions during the period
therein fixed.
ISSUES:
1. Whether or not the petitioners have legal standing.
2. Whether or not there is justiciable controversy that is ripe for judicial determination.
3. Whether or not the incumbent President can appoint the next Chief Justice.
4. Whether or not mandamus and prohibition will lie to compel the submission of the shortlist of
nominees by the JBC.
HELD:
1.Petitioners have legal standing because such requirement for this case was waived by
the Court. Legal standing is a peculiar concept in constitutional law because in some cases,
suits are not brought by parties who have been personally injured by the operation of a
law or any other government act but by concerned citizens, taxpayers or voters who
actually sue in the public interest.” But even if, strictly speaking, the petitioners “are not
covered by the definition, it is still within the wide discretion of the Court to waive the
requirement and so remove the impediment to its addressing and resolving the serious
constitutional questions raised.”
2. There is a justiciable issue. The court holds that the petitions set forth an actual case or
controversy that is ripe for judicial determination. The reality is that the JBC already
commenced the proceedings for the selection of the nominees to be included in a short
list to be submitted to the President for consideration of which of them will succeed Chief
Justice Puno as the next Chief Justice. Although the position is not yet vacant, the fact
that the JBC began the process of nomination pursuant to its rules and practices, although
it has yet to decide whether to submit the list of nominees to the incumbent outgoing
President or to the next President, makes the situation ripe for judicial determination,
because the next steps are the public interview of the candidates, the preparation of the
short list of candidates, and the “interview of constitutional experts, as may be needed.”
The resolution of the controversy will surely settle – with finality – the nagging questions
that are preventing the JBC from moving on with the process that it already began, or that
are reasons persuading the JBC to desist from the rest of the process.
3.Prohibition under section 15, Article VII does not apply to appointments to fill a vacancy
in the Supreme Court or to other appointments to the judiciary. The records of the
deliberations of the Constitutional Commission reveal that the framers devoted time to
meticulously drafting, styling, and arranging the Constitution. Such meticulousness
indicates that the organization and arrangement of the provisions of the Constitution
were not arbitrarily or whimsically done by the framers, but purposely made to reflect
their intention and manifest their vision of what the Constitution should contain. As can
be seen, Article VII is devoted to the Executive Department, and, among others, it lists the
powers vested by the Constitution in the President. The presidential power of
appointment is dealt with in Sections 14, 15 and 16 of the Article. Had the framers
intended to extend the prohibition contained in Section 15, Article VII to the appointment
of Members of the Supreme Court, they could have explicitly done so. They could not
have ignored the meticulous ordering of the provisions. They would have easily and surely
written the prohibition made explicit in Section 15, Article VII as being equally applicable
to the appointment of Members of the Supreme Court in Article VIII itself, most likely in
Section 4 (1), Article VIII.
4.Writ of mandamus does not lie against the JBC. Mandamus shall issue when any
tribunal, corporation, board, officer or person unlawfully neglects the performance of an
act that the law specifically enjoins as a duty resulting from an office, trust, or station. It
is proper when the act against which it is directed is one addressed to the discretion of
the tribunal or officer. Mandamus is not available to direct the exercise of a judgment or
discretion in a particular way. For mandamus to lie, the following requisites must be
complied with: (a) the plaintiff has a clear legal right to the act demanded; (b) it must be
the duty of the defendant to perform the act, because it is mandated by law; (c) the
defendant unlawfully neglects the performance of the duty enjoined by law; (d) the act
to be performed is ministerial, not discretionary; and (e) there is no appeal or any other
plain, speedy and adequate remedy in the ordinary course of law.
Drilon v. Lim
G.R. No. 112497, August 4, 1994Cruz, J.
Facts: The principal issue in this case is the constitutionality of Section 187of the Local
Government Code
1. The Secretary of Justice (on appeal
to himof four oil companies and a taxpayer) declared Ordinance No. 7794(Manila Reven
ue Code) null and void for non-compliance with theprocedure in the enactment of tax
ordinances and for containing certainprovisions contrary to law and public
policy. The RTC revoked the Secretary’s resolution and sustained theordinance. It
declared Sec 187 of the LGC as unconstitutional because itvests on the Secretary the
power of control over LGUs in violation of
thepolicy of local autonomy mandated in the Constitution. The Secretaryargues that the
annulled Section 187 is constitutional and that theprocedural requirements for the
enactment of tax ordinances as specifiedin the Local Government Code had indeed not
been observed. (Petitionoriginally dismissed by the Court due to failure to submit
certified truecopy of the decision, but reinstated it anyway.)
Issue:
WON the lower court has jurisdiction to consider theconstitutionality of Sec 187 of the
LGC
Held:
Yes. BP 129 vests in the regional trial courts jurisdiction over all civilcases in which the
subject of the litigation is incapable of pecuniaryestimation. Moreover, Article X, Section
5(2), of the Constitution vests inthe Supreme Court appellate jurisdiction over final
judgments and ordersof lower courts in all cases in which the constitutionality or validity
of
anytreaty, international or executive agreement, law, presidential decree,proclamation,
order, instruction, ordinance, or regulation is in question.In the exercise of this
jurisdiction, lower courts are advised to actwith the utmost circumspection, bearing in
mind the consequences of a declaration of unconstitutionality upon the stability of laws,
no less than on the doctrine of separation of powers. It is also emphasized that
everycourt, including this Court, is charged with the duty of a purposeful hesitation
before declaring a law unconstitutional, on the theory that the measure was first
carefully studied by the executive and the
legislativedepartments and determined by them to be in accordance with the
fundamental law before it was finally approved. To doubt is to sustain. The presumption
of constitutionality can be overcome only by the clearest showing that there was indeed
an infraction of the Constitution.
Issue:
WON Section 187 of the LGC is unconstitutional
Held:
Yes. Section 187 authorizes the Secretary of Justice to review only the
constitutionality or legality of the tax ordinance and, if warranted, to revoke it on either
or both of these grounds. When he alters or modifies or sets aside a tax ordinance, he is
not also permitted to substitute his
own judgment for the judgment of the local government that enacted themeasure.
Secretary Drilon did set aside the Manila Revenue Code, but he did not replace it with
his own version of what the Code should be.. Wha the found only was that it was illegal.
All he did in reviewing the said measure was determine if the petitioners were
performing their functions in accordance with law, that is, with the prescribed
procedure for the
enactment of tax ordinances and the grant of powers to the citygovernment under the
Local Government Code. As we see it, that was anact not of control but of mere
supervision.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 cov
er such authority. The supervisor orsuperintendent merely sees to it that the rules are f
ollowed, but hehimself does not lay down such rules, nor does he have the discretion
tomodify or replace them.Significantly, a rule similar to Section 187 appeared in the
LocalAutonomy Act. That section allowed the Secretary of Finance to suspendthe
effectivity of a tax ordinance if, in his opinion, the tax or fee leviedwas unjust, excessive,
oppressive or confiscatory. Determination of theseflaws would involve the exercise of
judgment or discretion and not merelyan examination of whether or not the
requirements or limitations of thelaw had been observed; hence, it would smack of
control rather thanmere supervision. That power was never questioned before this
Court but,at any rate, the Secretary of Justice is not given the same latitude
underSection 187. All he is permitted to do is ascertain the constitutionality
orlegality of the tax measure, without the right to declare that, in hisopinion, it is unjust,
excessive, oppressive or confiscatory. He has nodiscretion on this matter. In fact,
Secretary Drilon set aside the Manila Revenue Code only on two grounds, to with, the
inclusion therein of certain ultra vires provisions and non-
compliance with the prescribedprocedure in its enactment. These grounds affected the
legality, not thewisdom or reasonableness, of the tax measure. The issue of non-
compliance with the prescribed procedure in theenactment of the Manila Revenue
Code is another matter. (allegations:
Nowritten notices of public hearing, no publication of the ordinance, nominutes of
public hearing, no posting, no translation into
Tagalog) Judge Palattao however found that all the procedural requirementshad been
observed in the enactment of the Manila Revenue Code andthat the City of Manila had
not been able to prove such compliance beforethe Secretary only because he had given
it only five days within which togather and present to him all the evidence (consisting of
25 exhibits)
latersubmitted to the trial court. We agree with the trial court that theprocedural requir
ements have indeed been observed. Notices of thepublic hearings were sent to
interested parties as evidenced. The minutesof the hearings are found in Exhibits M, M-
1, M-2, and M-3. Exhibits B andC show that the proposed ordinances were published in
the Balita and theManila Standard on April 21 and 25, 1993, respectively, and the
approvedordinance was published in the July 3, 4, 5, 1993 issues of the ManilaStandard
and in the July 6, 1993 issue of Balita, as shown by Exhibits Q,Q-1, Q-2, and Q 3.
The only exceptions are the posting of the ordinance as approvedbut this omission does
not affect its validity, considering that itspublication in three successive issues of a news
paper of generalcirculation will satisfy due process. It has also not been shown that the
text of the ordinance has been translated and disseminated, but thisrequirement
applies to the approval of local development plans and public
investment programs of the local government unit and not to tax ordinances.
21 SCRA 895 – Political Law – Delegation of Control Power to the Executive Secretary
FACTS: Jose Magallanes was permitted to use and occupy a land used for pasture in Davao. The said land
was a forest zone which was later declared as an agricultural zone. Magallanes then ceded his rights to
Lacson-Magallanes Co., Inc. (LMC) of which he is a co-owner.
Jose Paño was a farmer who asserted his claim over the same piece of land. The Director of Lands
denied Paño’s request. The Secretary of Agriculture likewise denied his petition hence it was elevated
to the Office of the President.
Executive Secretary Juan Pajo ruled in favor of Paño. LMC averred that the earlier decision of the
Secretary of Agriculture is already conclusive hence beyond appeal. He also averred that the decision of
the Executive Secretary is an undue delegation of power. The Constitution, LMC asserts, does not
contain any provision whereby the presidential power of control may be delegated to the Executive
Secretary. It is argued that it is the constitutional duty of the President to act personally upon the
matter.
ISSUE: Whether or not the power of control may be delegated to the Executive Secretary.
HELD: Yes. It is true that as a rule, the President must exercise his constitutional powers in person.
However, the president may delegate certain powers to the Executive Secretary at his discretion. The
president may delegate powers which are not required by the Constitution for him to perform personally.
The reason for this allowance is the fact that the resident is not expected to perform in person all the
multifarious executive and administrative functions. The office of the Executive Secretary is an auxiliary
unit which assists the President. The rule which has thus gained recognition is that “under our
constitutional setup the Executive Secretary who acts for and in behalf and by authority of the President
has an undisputed jurisdiction to affirm, modify, or even reverse any order” that the Secretary of
Agriculture and Natural Resources, including the Director of Lands, may issue.
The act of the Executive Secretary, acting as the alter ego of the President, shall remain valid until
reversed, disapproved, or reprobated by the President. In this case, no reprobation was made hence the
decision granting the land to Paño cannot be reversed.
Gascon v. Arroyo
G.R. No. 78389 October 16, 1989
Padilla, J.
Facts: Petitioners seek to annul and set aside the “Agreement to Arbitrate” entered into by and
between the Republic of the Philippines, represented by Executive Secretary Joker T. Arroyo, and ABS-
CBN Broadcasting Corporation, represented by its President, Eugenio Lopez, Jr., dated 6 January 1987,
to settle the claims of ABS-CBN for the return of radio and television stations (TV Station Channel 4), and
to enjoin the Arbitration Committee created under the aforesaid agreement from adjudicating the
claims of ABS-CBN.
Issue: whether the Executive Secretary had the power and authority to enter into the
“Agreement to Arbitrate” with the ABS- CBN Broadcasting Corporation
Held: Yes. Under the Provisional Constitution of the Republic of the Philippines also known as the
Freedom Constitution), which was in force and effect when the “Agreement to Arbitrate” was signed by
the parties thereto on 6 January 1987, the President exercised both the legislative and executive powers
of the Government. As Chief Executive, the President was (and even now) “assisted by a Cabinet”
composed of Ministers (now Secretaries), who were appointed by and accountable to the President. In
other words, the Members of the cabinet, as heads of the various departments, are the assistants and
agents of the Chief Executive, and, except in cases where the Chief Executive is required by the
Constitution or the law to act in person, or where the exigencies of the situation demand that he act
personally, the multifarious executive and administrative functions of the Chief Executive are performed
by and through the executive departments, and the acts of the heads of such departments performed in
the regular course of business, are, unless disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive.
Respondent Executive Secretary had, therefore, the power and authority to enter into the “Agreement
to Arbitrate” with the ABS- CBN Broadcasting Corporation, as he acted for and in behalf of the President
when he signed it; hence, the aforesaid agreement is valid and binding upon the Republic of the
Philippines, as a party thereto.
Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang Bayan ng Muntinlupa, Inc. v.
Dominguez
G.R. No. 85439 January 13, 1992
Davide, Jr., J.
Facts: Petitioners questopn the validity of the order of then Secretary of Agriculture Hon. Carlos
G. Dominguez which ordered: (1) the take-over by the Department of Agriculture of the management of
the petitioner Kilusang Bayan sa Paglilingkod Ng Mga Magtitinda ng Bagong Pamilihang Bayan ng
Muntilupa, Inc. (KBMBPM) pursuant to the Department’s regulatory and supervisory powers under
Section 8 of P.D. No. 175, as amended, and Section 4 of Executive Order No. 13, (2) the creation of a
Management Committee which shall assume the management of KBMBPM upon receipt of the order, (3)
the disbandment of the Board of Directors, and (4) the turn over of all assets, properties and records of
the KBMBPM the Management Committee.
The exordium of said Order unerringly indicates that its basis is the alleged petition of the general
membership of the KBMBPM requesting the Department for assistance in the removal of the members of
the Board of Directors who were not elected by the general membership” of the cooperative and that the
ongoing financial and management audit of the Department of Agriculture auditors shows that the
management of the KBMBPM is not operating that cooperative in accordance with P.D. 175, LOI 23, the
Circulars issued by DA/BACOD and the provisions and by-laws of KBMBPM. It is also professed therein
that the Order was issued by the Department “in the exercise of its regulatory and supervisory powers
under Section 8 of P.D. 175, as amended, and Section 4 of Executive Order No. 113.
Issue: whether or not the Order issued by the Secretary of Agriculture is illegal
Held: Regulation 34 of Letter of Implementation No. 23 (implementing P.D. No. 175) provides
the procedure for the removal of directors or officers of cooperatives, thus:
An elected officer, director or committee member may be removed by a vote of majority of the
members entitled to vote at an annual or special general assembly. The person involved shall have an
opportunity to be heard.
A substantially identical provision, found in Section 17, Article III of the KBMBPM’s by-laws, reads:
Sec. 17. Removal of Directors and Committee Members. — Any elected director or committee member
may be removed from office for cause by a majority vote of the members in good standing present at
the annual or special general assembly called for the purpose after having been given the opportunity to
be heard at the assembly.
Under the same article are found the requirements for the holding of both the annual general assembly
and a special general assembly.
Indubitably then, there is an established procedure for the removal of directors and officers of
cooperatives. It is likewise manifest that the right to due process is respected by the express provision
on the opportunity to be heard. But even without said provision, petitioners cannot be deprived of that
right.
The procedure was not followed in this case. Respondent Secretary of Agriculture arrogated unto
himself the power of the members of the KBMBPM who are authorized to vote to remove the
petitioning directors and officers. He cannot take refuge under Section 8 of P.D. No. 175 which grants
him authority to supervise and regulate all cooperatives. This section does not give him that right.
An administrative officer has only such powers as are expressly granted to him and those necessarily
implied in the exercise thereof. These powers should not be extended by implication beyond what may
to necessary for their just and reasonable execution.
Supervision and control include only the authority to: (a) act directly whenever a specific function is
entrusted by law or regulation to a subordinate; (b) direct the performance of duty; restrain the
commission of acts; (c) review, approve, reverse or modify acts and decisions of subordinate officials
or units; (d) determine priorities in the execution of plans and programs; and (e) prescribe standards,
guidelines, plans and programs. Specifically, administrative supervision is limited to the authority of the
department or its equivalent to: (1) generally oversee the operations of such agencies and insure that
they are managed effectively, efficiently and economically but without interference with day-to-day
activities; (2) require the submission of reports and cause the conduct of management audit,
performance evaluation and inspection to determine compliance with policies, standards and
guidelines of the department; (3) take such action as may be necessary for the proper performance of
official functions, including rectification of violations, abuses and other forms of mal-administration; (4)
review and pass upon budget proposals of such agencies but may not increase or add to them.
The power to summarily disband the board of directors may not be inferred from any of the foregoing as
both P.D. No. 175 and the by-laws of the KBMBPM explicitly mandate the manner by which directors and
officers are to be removed. The Secretary should have known better than to disregard these procedures
and rely on a mere petition by the general membership of the KBMBPM and an on-going audit by
Department of Agriculture auditors in exercising a power which he does not have, expressly or impliedly.
We cannot concede to the proposition of the Office of the Solicitor General that the Secretary’s power
under paragraph (d), Section 8 of P.D. No. 175 above quoted to suspend the operation or cancel the
registration of any cooperative includes the “milder authority of suspending officers and calling for the
election of new officers.” Firstly, neither suspension nor cancellation includes the take-over and ouster of
incumbent directors and officers, otherwise the law itself would have expressly so stated. Secondly, even
granting that the law intended such as postulated, there is the requirement of a hearing. None was
conducted.
BELGICA VS OCHOA
710 SCRA 1 – Political Law – Constitutional Law – Local Government – Invalid Delegation
Legislative Department – Invalid Delegation of Legislative Power
This case is consolidated with G.R. No. 208493 and G.R. No. 209251.
The so-called pork barrel system has been around in the Philippines since about 1922. Pork
Barrel is commonly known as the lump-sum, discretionary funds of the members of the
Congress. It underwent several legal designations from “Congressional Pork Barrel” to the
latest “Priority Development Assistance Fund” or PDAF. The allocation for the pork barrel is
integrated in the annual General Appropriations Act (GAA).
Since 2011, the allocation of the PDAF has been done in the following manner:
a. P70 million: for each member of the lower house; broken down to – P40 million for “hard
projects” (infrastructure projects like roads, buildings, schools, etc.), and P30 million for “soft
projects” (scholarship grants, medical assistance, livelihood programs, IT development, etc.);
b. P200 million: for each senator; broken down to – P100 million for hard projects, P100
million for soft projects;
c. P200 million: for the Vice-President; broken down to – P100 million for hard projects, P100
million for soft projects.
The PDAF articles in the GAA do provide for realignment of funds whereby certain cabinet
members may request for the realignment of funds into their department provided that the
request for realignment is approved or concurred by the legislator concerned.
Presidential Pork Barrel
The president does have his own source of fund albeit not included in the GAA. The so-called
presidential pork barrel comes from two sources: (a) the Malampaya Funds, from the
Malampaya Gas Project – this has been around since 1976, and (b) the Presidential Social
Fund which is derived from the earnings of PAGCOR – this has been around since about
1983.
Pork Barrel Scam Controversy
Ever since, the pork barrel system has been besieged by allegations of corruption. In July
2013, six whistle blowers, headed by Benhur Luy, exposed that for the last decade, the
corruption in the pork barrel system had been facilitated by Janet Lim Napoles. Napoles had
been helping lawmakers in funneling their pork barrel funds into about 20 bogus NGO’s (non-
government organizations) which would make it appear that government funds are being
used in legit existing projects but are in fact going to “ghost” projects. An audit was then
conducted by the Commission on Audit and the results thereof concurred with the exposes
of Luy et al.
Motivated by the foregoing, Greco Belgica and several others, filed various petitions before
the Supreme Court questioning the constitutionality of the pork barrel system.
ISSUES:
I. Whether or not the congressional pork barrel system is constitutional.
II. Whether or not presidential pork barrel system is constitutional.
HELD:
I. No, the congressional pork barrel system is unconstitutional. It is unconstitutional because
it violates the following principles:
a. Separation of Powers
As a rule, the budgeting power lies in Congress. It regulates the release of funds (power of
the purse). The executive, on the other hand, implements the laws – this includes the GAA to
which the PDAF is a part of. Only the executive may implement the law but under the pork
barrel system, what’s happening was that, after the GAA, itself a law, was enacted, the
legislators themselves dictate as to which projects their PDAF funds should be allocated to –
a clear act of implementing the law they enacted – a violation of the principle of separation of
powers. (Note in the older case of PHILCONSA vs Enriquez, it was ruled that pork barrel,
then called as CDF or the Countrywide Development Fund, was constitutional insofar as the
legislators only recommend where their pork barrel funds go).
This is also highlighted by the fact that in realigning the PDAF, the executive will still have to
get the concurrence of the legislator concerned.
b. Non-delegability of Legislative Power
As a rule, the Constitution vests legislative power in Congress alone. (The Constitution does
grant the people legislative power but only insofar as the processes of referendum and
initiative are concerned). That being, legislative power cannot be delegated by Congress for
it cannot delegate further that which was delegated to it by the Constitution.
Exceptions to the rule are:
(i) delegated legislative power to local government units but this shall involve purely local
matters;
(ii) authority of the President to, by law, exercise powers necessary and proper to carry out a
declared national policy in times of war or other national emergency, or fix within specified
limits, and subject to such limitations and restrictions as Congress may impose, tariff rates,
import and export quotas, tonnage and wharfage dues, and other duties or imposts within the
framework of the national development program of the Government.
In this case, the PDAF articles which allow the individual legislator to identify the projects to
which his PDAF money should go to is a violation of the rule on non-delegability of legislative
power. The power to appropriate funds is solely lodged in Congress (in the two houses
comprising it) collectively and not lodged in the individual members. Further, nowhere in the
exceptions does it state that the Congress can delegate the power to the individual member
of Congress.
c. Principle of Checks and Balances
One feature in the principle of checks and balances is the power of the president to veto items
in the GAA which he may deem to be inappropriate. But this power is already being
undermined because of the fact that once the GAA is approved, the legislator can now identify
the project to which he will appropriate his PDAF. Under such system, how can the president
veto the appropriation made by the legislator if the appropriation is made after the approval
of the GAA – again, “Congress cannot choose a mode of budgeting which effectively renders
the constitutionally-given power of the President useless.”
d. Local Autonomy
As a rule, the local governments have the power to manage their local affairs. Through their
Local Development Councils (LDCs), the LGUs can develop their own programs and policies
concerning their localities. But with the PDAF, particularly on the part of the members of the
house of representatives, what’s happening is that a congressman can either bypass or
duplicate a project by the LDC and later on claim it as his own. This is an instance where the
national government (note, a congressman is a national officer) meddles with the affairs of
the local government – and this is contrary to the State policy embodied in the Constitution
on local autonomy. It’s good if that’s all that is happening under the pork barrel system but
worse, the PDAF becomes more of a personal fund on the part of legislators.
II. Yes, the presidential pork barrel is valid.
The main issue raised by Belgica et al against the presidential pork barrel is that it is
unconstitutional because it violates Section 29 (1), Article VI of the Constitution which
provides:
No money shall be paid out of the Treasury except in pursuance of an appropriation made
by law.
Belgica et al emphasized that the presidential pork comes from the earnings of the
Malampaya and PAGCOR and not from any appropriation from a particular legislation.
The Supreme Court disagrees as it ruled that PD 910, which created the Malampaya Fund,
as well as PD 1869 (as amended by PD 1993), which amended PAGCOR’s charter, provided
for the appropriation, to wit:
(i) PD 910: Section 8 thereof provides that all fees, among others, collected from certain
energy-related ventures shall form part of a special fund (the Malampaya Fund) which shall
be used to further finance energy resource development and for other purposes which the
President may direct;
(ii) PD 1869, as amended: Section 12 thereof provides that a part of PAGCOR’s earnings
shall be allocated to a General Fund (the Presidential Social Fund) which shall be used in
government infrastructure projects.
These are sufficient laws which met the requirement of Section 29, Article VI of the
Constitution. The appropriation contemplated therein does not have to be a particular
appropriation as it can be a general appropriation as in the case of PD 910 and PD 1869.