MIDTERM COVERAGE ATTY.

GUJI 2019-2020

II. SUBJECTS TO CONSTRUCTION

 Subjects of Construction (SCORED)

o Statutes  Kinds of Constitution
 Implementing Rules and Regulations o Written – embodied in a single formal document
o Constitution o Unwritten – not reduced in writing and not formally embodied in a
o Ordinances single document
o Resolutions o Cumulative – product of evolution and growth of customs, common
o Executive Orders law, judicial decisions and the like
o Department Circulars o Conventional – product of constitutional convention or royal
proclamation
o Flexible – amended anytime through ordinary legislative proceedings
CONSTITUTION o Rigid – amended only through proceedings different from ordinary
legislation; it’s a tedious process
 Constitution, defined.
o Fundamental law of the land
o Body of rules and maxims where powers of sovereignty are habitually STATUTE
exercised
o It is self-executory: it does not need an enabling law but Congress can still  Statute, defined.
pass an enabling law (Reason: there’s no prohibition) o Law that is passed by the Legislation
 Doctrine of Constitutional Supremacy o Written will of the legislature
 All legislative acts, all executive acts, whether or not o Public will and people’s mandate expressed through their
they enter into contract (even by normal people)- it representatives
means that the terms and conditions of the contract o Generally applies to everybody
must conform to the constitution
 Constitution is deemed written into every contract An act of legislature as an organized body, expressed in the form, and
 Represents the sovereignty of the Filipino People passed according to the procedure, required to constitute it as part of the
law of the land.
 It is a supreme law to which all other laws must
conform and in accordance with which all private rights
 Is the power to legislate exclusive to Congress? No.
must be determined and all public authority
o Presidential Decrees
administered.
o Executive Orders
 Judicial Supremacy- misnomer; does not exist. It is the judiciary
 Statute, distinguished from statute law.
ascertaining the supremacy of the Constitution
o Statute law is broader, as it includes not only the statute, but also
 Doctrine of Qualified Political Agency (alter ego principle)
judicial interpretation and application of such statutes.
 The president has different has different department secretaries
o Used interchangeably.
whose acts are like the acts of the president.
 Statutes, classified.
 This does not apply if the Constitution is very explicit in so far as
o Public – affects public at large
requiring that the President should personally sign the contract.
o Private – applies only to specific person
o Normally couched in general terms, has a lot of statements that are not
 Public statute, classified.
specified
o General law – applies to whole state upon all the people or all of the
o How to specify the Consti?
class
1. If it needs and enabling law: non self-executory provisions cannot be
o Special law – relates to particular persons or things of a class,
invoked in the absence of an enabling law
community, individual or thing
2. Congress may also pass another law which is not necessary and
o Local law – applies to specific locality.
enabling law but should be consistent with the Constitution
 Private statute
 Philippine Constitution, defined.
o Applies to a certain chunk of populace (Ex. VAWC)
o Written instrument
o Applies only to one person (Ex. Naturalization)
o Fundamental powers of the government are established, limited and defined.
o By which these powers are distributed among several departments
o For their save and useful exercise AUTHORITY TO LEGISLATE
o For the benefit of the body politic
 Nature of Constitution  Legislative power, defined.
o Recognized and declared inherent rights and prerogatives of a free people o Power to make and unmake laws (amend, revise, and repeal)
o Sets up framework of government machinery o Non-delegable
 Constitution, distinguished from statute  Exception:
o Constitution o Doctrine of Subordinate Legislation
 general principles and foundation of government 
 relatively permanent in character  Scope of legislative power.
o Statute o Embraces all subjects
 more detailed o Extends to matters of general concern or common interest.
 tentative o Unless limited by the Constitution
 Common parts of the Constitution.  Constitutional basis for legislative power of Congress
o Constitution of Liberty o Sec. 1, Art. VI, 1987 Constitution. The legislative power shall be vested
 setting forth the fundamental civil and political rights of the citizens and in the Congress of the Philippines which shall consist of a Senate and a
imposing limitations on the powers of government as a means of House of Representatives, except to the extent reserved to the people
securing the enjoyment of those rights (BILL OF RIGHTS) by the provision on initiative and referendum.
o Constitution of government  Bill, defined.
 outlining the organization of the government, enumerating its powers, o Proposed legislative measure
laying down certain rules relative to its administration and defining the o Introduced by member/s of Congress
electorate. (FRAMEWORK OF GOVERNMENT) o For enactment into law
o Constitution of sovereignty o Signed by the author’s
 Points out the procedure for amending the constitution. It has to be o Filed with the House Secretary
changed through the instrumentality of the people. (3 MODES TO
 Origin of Bill
REVISE OR AMEND CONSTITUTION)
o It may originate from either House.
1. Constitutional Convention- expert of Consti Law (2/3)
o Except:
2. Constituent Assembly – Congress transform itself to ConAss (3/4)
o Appropriation, revenue or tariff bills
3. People’s Initiative – petition signed by people (12% electorate;
o Bills authorizing increase of public debt
3% legislative districts)
o Bill of local application and private bills.
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 Illustrative case: Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
o Facts:
o Several bill were introduced in the House of Representatives to
expand the tax base of the Value Added Tax (VAT) system and
enhance its administration by amending the National Internal
Revenue Code (NIRC)
o These were referred to the House and Ways Committee which
consolidated a bill and recommended its approval.
o After approval, it went to the Senate and referred to its
Committee on Ways and…
o The Senate approved after its Committee recommended it.
o The House bill and the Senate version were then referred to the
Conference Committee which recommended that the House bill,
in consolidation with the Senate bill, be approved in
accordance with the attached copy of the bill as reconciled and
approved by the conferees
o The Conference Committee bill was then approved by the
House and the Senate
 Contention of Tolentino & other petitioners:
o Congress violated the Constitution although the E-VAT law
originated from the lower house, it was not passed by the
Senate.
o Instead, it was simply consolidated with the Senate version in
the Conference Committee in violation of Article VI, Section 24:
o All appropriation, revenue or tariff bills, bills of local application,
and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with
amendments.
o Thus, petitioners argue that it did not originate exclusively in the
lower house because it merely consolidated 2 distinct bills from
the lower and upper houses.
o This violates the clear mandate of “originate” which was even
qualified by the word “exclusively”.
 Held:
o It is not the law, but the revenue bill, which is required by the
Constitution to originate exclusively in the House of
Representatives.
o To insist that the revenue statute must be substantially 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”
o For indeed, what the Constitution simply means is that the
initiative for filing revenue bill must come from the House of
Representatives
o This is based on the theory that since they are elected by their
districts, they are expected to be more sensitive to the locals.
o On the other hand, senators, who are elected at large, are
expected to approach similar problem from a national
perspective.
o Both views influence legislation
o The Constitution does not prohibit the filing in the Senate of a
substitute bill in anticipation of its receipt of the bill from the
lower house.
o For as long as the Senate did not act on its substitute bill prior to
the receipt of the bill from the lower house.
o Thus, while it is true that a revenue bill must originate
exclusively in the House of Representatives, the Senate can
propose amendments that re-writes the entire bill or
substitute it with an entirely separate and distinct bill.
 How a bill becomes a law.
 Filing – with the House Secretary
 Secretary reports the bill for First Reading.
 First reading – the reading of the number and title of the bill
 Composition of the Committee:
o Experts in the subjects under their jurisdiction
 What happens in the Committee stage.
o It may hold public hearings on the proposed measure.
o Bill comes under the sharpest scrutiny.
o Committee may approve or reject the bill, with or without
amendments, re-write the bill entirely, report it favorably or
without recommendation
o Committee reports and recommend for calendar for second
reading.
 Second reading.
o The bill is read in full with the amendments proposed by the
Committee, if any.
o Unless copies were distributed before and such reading is
dispensed with.
o The bill will be subjected to debates, motions and amendments.
o After the amendments have been acted upon, the bill will be
voted for second reading.
ATTY. GUJI 2019-2020
 Third reading
o Final vote for yeas and nays shall be taken and entered in the
Journal.
 Constitutional requirements for the bill to pass. Article VI, Section
26(2):
o 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 it 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.
o It has passed 3 readings on separate days.
o Printed copies in final form distributed to its members 3 days
before its passage.
o Except: when the President certifies it as urgent to meet public
calamity or emergency.
o But the factual basis of the presidential certification of bills may
not be subject to judicial review.
o It merely dispenses with procedural requirements designed to
insure that bills are duly considered by member.
o If there are irregularities, for example in so far as the
international procedure of Congress concerned, it does not
affect the constitutionality of a bill. And the Supreme Court has
nothing to do with it. It is beyond the business of Supreme Court
if whether or not internal procedure was followed. What the
Supreme Court is concerned is whether or not that particular bill
or particular law offends the Constitution.
 Illustrative case: Tolentino vs Secretary of Finance, 235 SCRA 630
(1994)
o Facts:
o The Senate approved its version of the E-VAT bill during the
second and third reading on the same day, after the President
certified it at urgent.
o Contention of petitioners:
o The certification of the bill is invalid because there was no
emergency.
o The justification of “growing budget deficit” is not an unusual
condition in this country.
o You cannot go against presidential prerogative. You cannot
modify the decision of the president.
o Held:
o The presidential certification dispenses not only printing and
distribution of the copy of the bill but also the reading on
separate days.
o T he phrase “except when the President certifies to the
necessity of its immediate enactment xxx” qualifies the 2 stated
conditions before a bill becomes a law.
o The “unless” clause must be read in relation to the “except”
clause because they are coordinate clauses of the same
sentence.
o To construe “except” clause as simply dispensing the printing
and distribution not only offends grammar but also negates the
very premise of the “except” clause.
o The factual basis of presidential certification of bills is not
subject to judicial review pursuant to the principle of
separation of powers as it merely involves doing away with
procedural requirements.
o A law may not be declared unconstitutional when what is
violated in its passage are mere internal rules of procedure.
o Unlike the sufficiency of the factual basis of the suspension of
the privilege of the writ of habeas corpus which threaten
individual rights hence subject to judicial review.
 What happens if a bill is approved on third reading by one House?
o Transmitted to the other House for concurrence, following
substantially the same route.
o If the other House approves the bill without amendment, it is
passed by Congress and transmitted to the President for
approval.
o If the other house amends and the House of origin disagrees,
the differences wil be settled by the Conference Committees of
both Houses.
o The reports of both Committees are approved by both Houses.
 Conference Committee.
o It is the mechanism to harmonize differences between both
Houses in the passage of the bill into law.
o But it can deal generally with the subject matter.
o It may produce results beyond its mandate.
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o The rules do not limit it to consider conflicting provisions only.
o It is empowered to include an entirely new provision not found in
either bills.
o Thus, political scientists call the Conference Committee a third
body of the legislature.
 Illustrative Case: Tolentino vs. Secretary of Finance, 235 SCRA 630
(1994)
o Facts:
o The Conference Committee consolidated the House and Senate
versions closed doors which resulted in an entirely different
version.
o Contention of Petitioners:
o The House Committee Report included provisions not found in
either version and these were secretly inserted into it closed
doors.
 Held:
o There is nothing wrong about closed door executive sessions.
o Often, when only the conferees are present, it is the only way to
harmonize conflicting provisions.
o The incomplete sentences in the transcripts may be attributed to
the stenographer’s own limitations or incoherence of
statements.
o Amendment in the nature of a substitute by the Conference
Committee resulting in a third version is allowed provided it
is germane to the subject of both versions.
 Doctrine of enrolled bill
o When both houses approve the Conference Committee Report
adopting third version f the bill, it is the latter that is the final and
conclusive version submitted to the president for approval.
o The requirement of 3 readings on separate days and distribution
of copies 3 days prior does not apply to Conference Committee
Reports.
o An enrolled copy of the bill is conclusive not only of its
provisions but also of its due enactment.
o Once the Senate President and Speaker 3
 Is the Doctrine of enrolled bill absolute?
o No. In one case, the Senate President admitted to a mistake
and withdrew his signature.
o Thus, the Supreme Court went behind the enrolled bill and
consulted the Journal to determine whether certain provisions of
the statute had been approved by the Senate.
o There was no longer any enrolled bill to consider when the
signature was withdrawn.
 Authentication of bills.
o Signing by the Speaker and Senate President
o Printed copy of the approved bill
o Certified by respective House Secretaries
 President’s approval or veto
o When a bill is presented to the President for action, he may:
 Sign it, if he approves.
 Veto it, and return with objections to the House of
origin
o The objections are entered in its Journal and proceed to
consider it.
o President communicates veto within 30 (calendar days) after
receipt, otherwise it becomes a law as if he signed it.
o Override of presidential veto:
 2/3 of all members of each House.
 3 ways by which a Bill becomes a law:
o President signs it.
o He does not sign nor communicate his veto within 30 days from
receipt
o Congress overrides veto.
 Parts of statute.
 (1) Title.
o General statement of the subject of the bill
 One title-one subject rule
o A bill embraces only one subject matter
o To prevent logrolling
o Surprise or fraud
 Logrolling.
o Combination of multiple propositions in one proposal.
o Entire proposition is nullified, not only the subject matter.
 Illustrative case: Lambino vs. COMELEC, G.R. No. 174153, October 25,
2006.
 Facts:
o In 2006, the group led by Raul Lambino and Enrico Aumentado
gathered signatures nationwide as people’s initiative to amend
the Constitution by shifting from Bicameral- Presidential to
Unicameral- Parliamentary form of government.
ATTY. GUJI 2019-2020
o It asked the people this proposition:
o DO YOU APPROVE THE AMENDMENT OF ARTICLES VI AND
VII OF THE 1987 CONSTITUTION, CHANGING THE FORM
OF GOVERNMENT FROM THE PRESENT BICAMERAL-
PRESIDENTIAL TO A UNICAMERAL- PARLIAMENTARY
SYSTEM, AND PROVIDING ARTICLE XVIII AS TRANSITORY
PROVISIONS FOR THE ORDERLY SHIFT FROM ONE
SYSTEM TO THE OTHER?
 Held:
o For sure, the great majority of the 6.3 million Filipinos who
signed the signature sheets did not see the full text of the
proposition.
o They could have known the nature and effect of the proposed
changes:
 The term limits will be lifted and thus members of
Parliament can be re-elected indefinitely.
 The interim Parliament can continue to function
indefinitely until its members, who are almost all the
present members of Congress, decide to call for
new parliamentary elections.
 Within 45 days from ratification of the proposed
changes, the interim Parliament shall convene to
propose further amendments or revisions to the
Constitution.
o The subject matter of this proposed transitory provision is totally
unrelated to the shift from presidential-bicameral to unicameral-
parliamentary system.
o This is logrolling. It places the people in a dilemma since they
can answer only either yes or no to the entire proposition, which
contains 2 subjects, one of which they may find unacceptable.
 Article VI, Section 26(1)
o Every bill passed by Congress shall embrace only on subject
which shall be expressed in the title thereof.
 Illustrative case: Tolentino vs Secretary of Finance, 235 SCRA 630
(1994).
o Facts:
o The Philippine Airlines (PAL) is exempt from value added tax
per Section 103 of the NIRC.
o P.D. 1590 exempts PAL under its franchise from payment of all
other taxes now or in the near future.
o Since E-VAT amends Section 103. PAL is no longer VAT-
exempt.
o Contention of PAL:
o The E-VAT law violates Article VI, Section 26(1) of the
Constitution since neither the House nor Senate bill exempted
Pal transactions from payment of VAT.
o This was made only in the Conference Committee which
became the E-VAT law without reflecting this fact in the title.
o Thus, there was no way for PAL to know whether its tax
exemption is affected or not.
o Issue:
o Whether the amendment of Section 103 of the National Internal
Revenue Code is fairly embraced in the title of the E-VAT law?
o AN ACT RESTRUCTURING THE VALUE- ADDED TAX (VAT)
SYSTEM, WIDENING ITS TAX BASE AND ENHANCING ITS
ADMINISTRATION, AND FOR THESE PURPOSES
AMENDING AND REPEALING THE RELEVANT PROVISIONS
OF THE NATIONAL INTERNAL REVENUE CODE, AS
AMENDED, AND FOR OTHER PURPOSES.
o Held:
o To insist that the tax exemption be specified in the title is to
require the title of the bill to be a complete index of its content.
o Every bill is required to embrace only one subject expressed in
its title to prevent surprise expressed in its title to prevent
surprise upon members of the Congress and inform the people
about it.
o If PAL did not know that its exemption was withdrawn, it is not
due to the defect in the title, but because just like other statutes,
they pass unnoticed even if published.
o The title is sufficient if it expresses the general subject of
the statute and all its provisions are germane to the general
subject thus expressed.
 Effect if title is insufficient.
o Bill is void
o Insofar as the subject matter not expressed in the title is
concerned
o But if void and valid are inseparable, the nullity of one vitiates
the other.
 (2) Preamble.
o Part which follows the title and precedes the enacting clause
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o Reasons and purpose of enactment
o Neither creates nor grants rights
o Not a source of government power
o “Not a source of right but a source of light”
 Enacting clause
o Precedes body of statute
o Identifies the bill as an act of legislation
o Absence does not nullify law unless required by the Constitution
o Not required by Constitution but used as a matter of legislative
practice or custom
 (3) Body
o Main part of the bill
o Rights or remedies
 (4) Policy section
o Declaration of state policy
 (5) Definition section
o Defines terms
 (6) Administrative section
o Enforcement body
 (7) Standards of conduct
o Do and void
 (8) Sanctions
o Penalties
 (9) Transitory provisions
o Temporary provisions for transition
 (10) Separability clause
o If part of the law is declared invalid, the rest remains valid.
o Does not bind the courts
o The whole statute may be nullified
o If what is left is not complete or workable.
 (11) Repealing clause
o Repeal is not legislative finding that the earlier law is
unconstitutional.
 Date of effectivity.
o Time when law takes effect
o Usually after 15 days following completion of publication in the
Official Gazette or in a newspaper of general circulation.
 Article 2, Civil Code.
 Laws take effect after 15 days following completion of publication in the
Official Gazette, unless otherwise provided.
 Sec. 18, Chap. 5, Book I, Administrative Code.
 Laws take effect after 15 days following completion of publication in the
Official Gazette or in a newspaper of general circulation, unless it is
otherwise provided.
 Completion of publication.
o Refers to the date of release
o Not the date of issue, unless simultaneous
o Publication is a condition precedent for effectivity
 Tanada vs Tuvera
o Contention of petitioners:
o They should be published before they become valid and
enforceable pursuant to the constitutional right of the people to
be informed on matters of public concern.
o Contention of respondents:
o Publication in the Official Gazette is not a condition precedent
for laws to be effective where the law provides for its effectivity
date.
o This is pursuant to Article 2 of the Civil Code which says all laws
shall take effect after 15 days following completion of publication
in the Official Gazette, unless it is otherwise provided.
o Held:
o In a long line of cases, this Court has ruled that publication in
the Official Gazette is necessary where the law does not provide
for its effectivity date, and no longer necessary where the law
does provide for its effectivity date, and no longer necessary
where the law does provide.
o Because by then the date of publication is material to determine
the date of effectivity.
o But this argument is logical only insofar as it equates the
effectivity of the laws with the fact of publication.
o But considered the light of other related
o Statutes, Article 2 does not preclude publication even if the law
itself provides for date of effectivity.
o The purpose of publication is to give the general public
adequate notice of laws regulating their actions and
conduct as citizens hence it cannot be dispensed with as a
requirement for its validity and enforceability otherwise it
violates due process.
 Effectivity of presidential issuances, rules and regulations.
 Publication is requires before they take effect
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 Except:
 Interpretative or internal in nature not concerning the general public.
 Presidential issuances, basis.
 Ordinance power of the president
 Effectivity of Implementing Rules and Regulations (IRR).
o Penal or non-penal
o Publication
o Filing with the UP Law Center
o Except: when the law dispenses with filing
o but it cannot dispense with publication.
 Nature of administrative rules and regulations.
o They have the force and effect of a law
o Partake the nature of a statute
 Rule- making power of a public administrative agency.
o Delegated legislative power
 Test of validity of delegation or rule-making power.
 The law must be: Complete in itself
 Fix a standard, the limits are sufficiently determinate or determinable
 In case of discrepancy between statute and IRR, the statute prevails
 Types of administrative rules and regulations
o Enforces the law- IRR
o Interprets the rule – LOI
 Test of validity of administrative rules and regulations.
o Germane to the object of the law
o Conforms to standards prescribed by law
o Sole purpose of carrying into effect general provisions of the
law
 Effectivity of local ordinances.
o 10 days from date of posting
o In bulletin board and 2 other conspicuous places
o If ordinance is penal, published in a newspaper of general
circulation
o Highly urbanized and independent component cities - posted
and published.
 Manner of computing time.
o Exclude the first day
o Include the last day
o Year- 365 days
o Month- 30 days
o Day- 24 hours
o Night- Sunset to sunrise
o Week - 7 consecutive days
o Civil Code adopts the 365- day year and the 30-day month, not
the calendar year, nor solar or civil month.
o What if it is the leap year? Still 365 days.
 Illustrative case: Garvida vs. Sales
o Facts: Proclamation of a duly elected SK Chair was suspended
by the Comelec because she is overaged. The law says
candidates should “not be more than 21 years old on the day of
election.
o The SK Chair however argued she is still qualified because by
then she is only 21 years, 10 months and 25 days old, not 22
years old.
o Held: The LGC speaks of years, not months or days and a year
consists of 365 days. In computing years, first year is reached
after completing first 365 days. So, 21 is 21 cycles of 365 days.
 Validity of statute.
o Presumption of constitutionality
o In deference to the wisdom, integrity and patriotism of the
legislature.
o All reasonable doubts are ruled in favour of constitutionality
o To doubt is to sustain
 Authority to declare law unconstitutional.
o Article VIII, Section 4(2), 1987 Constitution Supreme Court en
banc
o Concurrence of majority of the Members who actually took part
in the deliberations (VOTED)
 Essential requisites for judicial review.
o Actual case or controversy (there must be a set of facts to test
the law)
o Legal standing
o Raised at the earliest opportunity (otherwise, law will be
enforced already, and might pose problems)
o Issues of constitutionality must be the very LIS MOTA of the
case
 Lis mota
o Courts will deal with constitutionality only if:
 It is unavoidable (as much as possible, the SC is
trying to avoid confronting the constitutionality)
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 Very crux of the controversy (the thing is... what
you’re saying is... the crux of the matter is...)
 Illustrative case: Francisco Jr. Vs HR, G.R. No. 160261, November 10,
2003.
 Facts
o In June 2003, Joseph Estrada filed an impeachment complaint
against CJ Davide and 7 other associate justices for culpable
violation of the Constitution, betrayal of public trust and other
high crimes.
o It was endorsed by 3 legislators and referred to the House
Committee on Justice which ruled that it was sufficient in form
but dismissed it for not being sufficient in substance.
o But the Committee Repost was not sent to the House in plenary.
o In October 2004, a second impeachment complaint was filed
against CJ Davide.
 Contention of petitioners:
o The second impeachment complaint was unconstitutional
because it violates Section 5, Article XI of the Constitution which
prohibits filing of impeachment complaint against the same
official twice within a period of one year.
 Contention of respondents:
o The Supreme Court is without jurisdiction to hear, much less
prohibit or enjoin the lower house to perform its constitutionally
mandated duty to initiate impeachment proceedings, it being a
co-equal and independent branch of the government.
o The Senate has the sole power, authority and jurisdiction to try
and decide he impeachment cases.
o The petitions are premature, no justiciable issue has been
presented before it since its constitutional duty to constitute itself
as impeachment court commences only upon receipt of the
Articles of impeachment, which it had not.
 Issue:
o Whether the essential requisites for the exercise of judicial
review have been fulfilled?
 In answering this issue, the Supreme Court addressed the following
requisites for the exercise of judicial review:
o Locus standi – What authority do you have to file against the
SC? Are you going to be directly affected with the law? What
business do you have in petitioning to the SC to declare a law
unconstitutional?
o Ripeness – there must be already be an actual case of
controversy
o Political question/justiciability – Is that a political question? Does
that pertain to the wisdom and discretion of the President? If it
does, the Court cannot deal with that because this is a political
question.
o Judicial restraint (pinipigilan ang sarili)
 Locus standi, defined.
o Personal or substantial interest in the case such that the party
has sustained or will sustain direct injury.
 Contention of Soriano:
o Only the Chief Justice has sustained or will sustain direct
personal injury.
 Contention of petitioners:
o They sue in their respective capacities as taxpayers, citizens,
voters, legislator, association.
o As such, they stand to suffer injury.
 What to show if you petition as a citizen?
o The law or government act is invalid
o Sustains or is in imminent danger to sustain direct injury as a
result of its enforcement
o Interest must be direct and personal
o If it is an assertion of a public right, the mere fact that he or she
is a citizen satisfies the requirement.
 What to show if you petition as a taxpayer:
o Sufficient interest in preventing illegal expenditure of public
funds
o Sustains direct injury as a result of the enforcement of the
individual law
o Public funds are either illegally disbursed, deflected to any
improper purpose, wasted through enforcement of an invalid or
constitutional law.
 What to show if you petition as legislator:
o Infringement of prerogatives as legislator standing to maintain
inviolate prerogatives, powers and privileges vested by the
Constitution in his office.
 Transcendental importance, defined.
o Transcendental – not in experience, but unduable.
o The character of the funds or other assets involved in the case.
ATTY. GUJI 2019-2020
o The presence of a clear case of disregard of a constitutional or
statutory prohibition by the public respondent agency or
instrumentality of the government.
 Held:
o Applying these determinants, the issues raised in the petitions
are indeed of transcendental importance.
 Ripeness, defined.
o A prerequisite that something had been done by either branch
before the court acts.
 Contention of Salonga:
o There is no urgent need for the Court to act right away. Anyway,
it is the final arbiter of the questions on constitutionality
o All remedies in the House and Senate should first be exhausted.
 Position of Dean Pangalangan:
o The Supreme Court should take judicial notice of on-going
attempts to encourage signatories to withdraw their
endorsements
o House Impeachment Rules afford its members opportunity to
raise constitutionality issues when the Articles of Impeachment
are presented to the Senate.
o Even if the Articles of Impeachment are transmitted to the
Senate, the Chief Justice may still move to dismiss on ground of
constitutional infirmity
 Held:
o The withdrawal of signature neither cures the House of
Impeachment Rules of its constitutional defect nor obliterates
the question second impeachment complaint.
o It is useless to seek remedies from either that lower or upper
house because it has no jurisdiction to rule o the issue of
constitutionality.
 Political question, defined.
o Refers to those question 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.
o It is a question of policy, concerned with wisdom and not
legality.
o Except: grave abuse of discretion amounting to lack or excess
of jurisdiction.
 Determination of impeachable offense.
o Purely political question left to the sound discretion of the
legislature.
 Lis mota, defined.
o Courts will not touch the issue of constitutionality unless it is
unavoidable or is the very crux of the controversy.
o Whether Sections 15 and 16 of Rule 5 of the House
Impeachment Rules are unconstitutional for violating Section 3,
Article XI of the Constitution?
o Whether, as a result, the second impeachment complaint is
barred under Section 3(5), Article XI of the Constitution?
o Under Sec. 16 impeachment proceedings are “deemed initiated”
on the day the House Committee on Justice finds that the
verified complaint is sufficient in substance.
 Contention of respondents:
o Since the first impeachment complaint was dismissed for being
insufficient in substance, it was not deemed initiated hence the
second impeachment complaint is allowed. “Initiate” does not
mean “to file”.
 Held
o “Initiate” means filing of the impeachment complaint and referral
to the House Committee on Justice or filing by at least 1/3 of the
House of Representatives with the Secretary General of the
House.
o Once initiated, no other impeachment complaint shall be filed
against the same official for a period of one year.
 Judicial restraint.
o Contention of Pimentel: The Supreme Court should exercise
judicial restraint because the Senate, as an impeachment court,
has the sole power to hear and decide all impeachment cases.
o Contention of De Venecia: There is a moral compulsion for the
Supreme Court to not assume jurisdiction because its members
are subject to impeachment.
 Held:
o The power of judicial review includes the power to review
justiciable issues in impeachment proceedings.
 Held:
o Otherwise, Congress should not pass penal laws because its
members are subject to them.
o Where the case is justiciable, judicial restraint is not an option
for the Supreme Court.
MIDTERM COVERAGE ATTY. GUJI 2019-2020
o Adjudication cannot be declined where the Supreme Court is not
disqualified.
o Jurisdiction cannot be renounced where there is n other tribunal
to which the controversy may be referred.
o “Jurisdiction is not just a power. It is a solemn duty which
may not be renounced.”
 Test of constitutionality of statutes.
o Not within the legislative power to enact
o Creates methods or forms that infringe constitutional principle
o Purpose or effect violates Constitution or its basic principles
o Vague
o Change of situation like emergency laws
 Void for vagueness rule.
o Violates due process
o People are not informed on what conduct to avoid
o Affords law enforcers unbridled discretion
 Effects of unconstitutionality.
o Orthodox view-not a law, confers no rights, imposes no duties,
affords no protection, creates no office
o Inoperative, like it never passed or existed.
o Operative fact-existence of statute prior to nullity is an
operative fact that must be recognized.
o Statute was in force and complied with.
o Parties already acted under it.
o Modern view-if in conflict with the Constitution, the court does
not annul, it simply refuses to recognize it.
 Partial invalidity.
o General rule-if part is void, the rest stays provided they are
separable.
o the valid part is independent
o standing alone, must be complete and intelligible to enforce
legislative intent
o Except:
o If parts are mutually dependent and connected with each other.
o Legislature is resumed to have intended the as a whole
o Nullity of one vitiates the rest.
 Separability clause-intent of separability, rather than complete nullity
 Illustrative case: Tatad b Secretary of the Department of Energy, 281
SCRA 330 (1997)
o Facts: The Supreme Court declared unconstitutional 3
provisions of RA 8180 or An Act Deregulating the Downstream
Oil Industry.
o The 3 provisions dealt with imposition of 4% tariff defferential on
imported cude oil and refined petroleum products, the
requirement of inventory and the prohibition on predatory
pricing.
o They were nullified because they inhibit fair competition,
encourage monopoly & interfere w/ free interaction of market
forces
 Issue:
o Whether the 3 provisions can be individually struck down
without invalidating the entire law?
 Held:
o When the individual provisions so infirmed the essence of
the law that it infected its entirety, the entire law is nullified,
its separability clause notwithstanding.
o The provisions on tariff differential, inventory and predatory
pricing are among the principal props of the law.
o Congress would not have regulated the downstream oil industry
without them.