Batch 1: CONSTITUTIONAL CONSTRUCTION

What are the rules followed in statutory construction (rules when interpreting the constitution)
FRANCISCO VS HREP

- VERBA LEGIS – The words be given their ordinary meaning whenever possible, except when
technical terms are employed.
- RATIO LEGIS EST ANIMA – in case of ambiguity, it should be interpreted in accordance w/ the
intent of its framers.
- UT MAGIS VALEAT QUAM PEREAT – the Consti should be interpreted as a whole, but if the
meaning of the word is not clear, resort to other aids.

Define these terms:

Exhaustion of possible remedies

Locus standi – LEGAL STANDING – The person who impugns the validity of a statute must have a personal
and substantial interest in the case such that he sustained or will sustain direst injury as a result.

Judicial review

Political question

What do you mean by Separation of Powers?

State the cases:

MANILA PRINCE HOTEL

OCAMP VS ENRIQUEZ

OPOSA VS FACTORAN

- ARE THE PROVISIONS OF ART. 2 OF THE CONSTITUTION SELF-EXECUTORY

- The complaint focuses on one specific fundamental legal right — the right to a balanced and
healthful ecology which, for the first time in our nation's constitutional history, is solemnly
incorporated in the fundamental law. Section 16, Article II of the 1987 Constitution explicitly
provides:
- Sec. 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
- As a matter of fact, these basic rights need not even be written in the Constitution for they
are assumed to exist from the inception of humankind. If they are now explicitly mentioned in
the fundamental charter, it is because of the well-founded fear of its framers that unless the
rights to a balanced and healthful ecology and to health are mandated as state policies by
the Constitution itself, thereby highlighting their continuing importance and imposing upon
the state a solemn obligation to preserve the first and protect and advance the second, the
day would not be too far when all else would be lost not only for the present generation, but
also for those to come — generations which stand to inherit nothing but parched earth
incapable of sustaining life.
- The right to a balanced and healthful ecology carries with it the correlative duty to refrain
from impairing the environment.
 - Petitioners maintain that the granting of the TLAs, which they claim was done with grave abuse
of discretion, violated their right to a balanced and healthful ecology; hence, the full protection
thereof requires that no further TLAs should be renewed or granted.

FRANCISCO VS HREP

- When is the start of impeachment according to the Supreme Court

12th congress new rules: In cases where a Member of the House files a verified complaint

IT IS initiated on the day the Committee on Justice Finds that the verified complaint and/or
resolution against such official, is sufficient in substance, or

On the date the House votes to overturn or affirm the finding of the said Committee that the
verified complaint and/or resolution, as the case may be, is not sufficient in substance.

- What is the meaning of the term initiate [impeachment complaint]

It is thus clear that the framers intended "initiation" to start with the filing of the
complaint.
and the vote of one-third of the House in a resolution of impeachment does not
initiate the impeachment proceedings which was already initiated by the filing of
a verified complaint under Section 3, paragraph (2), Article XI of the
Constitution."

CIVIL LIBERTIES UNION VS EXEC SEC

- SEPARATION OF POWERS
- The petitioners are challenging EO 284’s constitutionality because it adds
exceptions to Section 13 of Article VII other than those provided in the
constitution. According to the petitioners, the only exceptions against holding any
other office or employment in government are those provided in the Constitution
namely: 1. The Vice President may be appointed as a Member of the Cabinet
under Section 3 par.2 of Article VII. 2. The secretary of justice is an ex-officio
member of the Judicial and Bar Council by virtue of Sec. 8 of article VIII.
- Issue:
- Whether or not Executive Order No. 284 is constitutional.
- Decision:
- No. It is unconstitutional. Petition granted. Executive Order No. 284 was declared
null and void.
- Ratio:
- In the light of the construction given to Section 13 of Article VII, Executive Order
No. 284 is unconstitutional. By restricting the number of positions that Cabinet
members, undersecretaries or assistant secretaries may hold in addition their
primary position to not more that two positions in the government and
 government corporations, EO 284 actually allows them to hold multiple offices or
employment in direct contravention of the express mandate of Sec. 13 of Article
VII of the 1987 Constitution prohibiting them from doing so, unless otherwise
provided in the 1987 Constitution itself.
- The phrase “unless otherwise provided in this constitution” must be given a literal
interpretation to refer only to those particular instances cited in the constitution
itself: Sec. 3 Art VII and Sec. 8 Art. VIII.

YNOT VS IAC

Pursuant to Executive Order No. 626, the President has given orders to prohibit the
interprovincial movement of carabaos and the slaughtering of carabaos not complying
with the requirements of the said Order
The petitioner had transported six carabaos in a pump boat from Masbate to Iloilo on
January 13, 1984, when they were confiscated by the police station commander of
Barotac Nuevo, Iloilo, for violation of the above measure.
- Petitioner: The executive order is unconstitutional insofar as it authorizes outright
confiscation of the carabao or carabeef being transported across provincial boundaries.
His claim is that the penalty is invalid because it is imposed without according the owner
a right to be heard before a competent and impartial court as guaranteed by due process.

The challenged measure is an invalid exercise of the police power because the method
employed to conserve the carabaos is not reasonably necessary to the purpose of the
law and, worse, is unduly oppressive. Due process is violated because the owner of the
property confiscated is denied the right to be heard in his defense and is immediately
condemned and punished.
- WHAT IS DUE PROCESS OF LAW

1987 Philippine Constitution provides that “(n)o person shall be deprived of life,
liberty or property without due process of law, nor shall any person be denied the
equal protection of the law
Principle that the government must respect all of a person's legal rights instead of
just some or most of those legal rights when the government deprives a person of
life, liberty, or property
- WRIT OF REPLEVIN
A Writ of Replevin is a provisional remedy that provides instant relief to the
person being deprived of his property.
IBP VS ZAMORA
LEGISLATIVE POWER

DAVID VS ARROYO

Consti grants the Presi as commander in chief a sequence of graduated powers. These are the calling out
power: the power to suspend the privilege of the writ of habeas corpus, and the power to declare ML. the
only criterion for the exercise of these powers is that “whenever it becomes necessary,” the Presi may call
the AF to “prevent or suppress lawless violence, invasion or rebellion.”

In declaring a state of national emergency, Presi Arroyo did not only rely on Sec. 18 art. 7 of the Consti,
but also on Sec. 17 art. 12, a provision on the state’s extraordinary power to take over privately –owned
public utility and business affected with public interest.

PP1017 is not a declaration of ML but merely an invocation of the President’s calling-out power.

- “to prevent or suppress lawless violence”

PP 1017 is unconstitutional insofar as it grants PGMA the authority to promulgate decrees.

The operative clause of PP1017 also gave former Presi Marcos legislative power during the period
of ML.

The ordinance power granted to PGMA is limited to: MEMORANDUM CIRCULARS, MEMORANDUM
ORDERS, GENERAL/SPECIAL ORDERS, EXECUTIVE ORDERS, ADMINITRATIVE ORDERS, and
PROCLAMATIONS.

She cannot issue presidential decrees similar to those issued by marcos = presi decrees are laws which are
issued by the presi in the exercise of his legislative power during the period of ML under 1973 consti.

The decrees issued are void. She cannot call the military to enforce or implement certain laws. She can
only order the military, under PP1017, to enforce law pertinent to its duty to suppress lawless violence.

- Memorize the diff. legislative enactments granted to the president (EOs, Admin Orders,
Proclamation, etc.)
- The President is granted an Ordinance Power under Chapter 2, Book III of Executive Order
No. 292 (Administrative Code of 1987). She may issue any of the following:
- Sec. 2. Executive Orders. — Acts of the President providing for rules of a general or
permanent character in implementation or execution of constitutional or statutory powers
shall be promulgated in executive orders.
- Sec. 3. Administrative Orders. — Acts of the President which relate to particular aspect of
governmental operations in pursuance of his duties as administrative head shall be
promulgated in administrative orders.
- Sec. 4. Proclamations. — Acts of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence of which the operation of a
specific law or regulation is made to depend, shall be promulgated in proclamations which
shall have the force of an executive order.
- Sec. 5. Memorandum Orders. — Acts of the President on matters of administrative detail or
of subordinate or temporary interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders.
 - Sec. 6. Memorandum Circulars. — Acts of the President on matters relating to internal
administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus or offices of the Government, for information or compliance,
shall be embodied in memorandum circulars.
- Sec. 7. General or Special Orders. — Acts and commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or
special orders.
- What is the meaning of emergency
"Emergency," as contemplated in our Constitution, is of the same breadth. It may include
rebellion, economic crisis, pestilence or epidemic, typhoon, flood, or other similar catastrophe
of nationwide proportions or effect
- What is the doctrine of constitutional dictatorship
- "The period of dictatorship must be relatively short…Dictatorship should always be
strictly legitimate in character…Final authority to determine the need for dictatorship in
any given case must never rest with the dictator himself…"94 and the objective of such an
emergency dictatorship should be "strict political conservatism."
- What is the concept of constitutionalism, as defined by Charles Mcllwain?
- In associating constitutionalism with "limited" as distinguished from "weak"
government, McIlwain meant government limited to the orderly procedure of law as
opposed to the processes of force. The two fundamental correlative elements of
constitutionalism for which all lovers of liberty must yet fight are the legal limits to
arbitrary power and a complete political responsibility of government to the governed.
- Locke’s theory of prerogative
- Now, in a well-ordered society, it should never be necessary to resort to extra –constitutional
measures; for although they may for a time be beneficial, yet the precedent is pernicious, for
if the practice is once established for good objects, they will in a little while be disregarded
under that pretext but for evil purposes. Thus, no republic will ever be perfect if she has not by
law provided for everything, having a remedy for every emergency and fixed rules for applying
it.
- What is the over breadth doctrine
- the overbreadth doctrine is an analytical tool developed for testing "on their faces" statutes
in free speech cases, also known under the American Law as First Amendment cases
- , the overbreadth doctrine is not intended for testing the validity of a law that "reflects legitimate
state interest in maintaining comprehensive control over harmful, constitutionally unprotected
conduct."
- Direct injury test?
- it held that the person who impugns the validity of a statute must have "a personal and
substantial interest in the case such that he has sustained, or will sustain direct injury
as a result."
- Define moot and academic
- A moot and academic case is one that ceases to present a justiciable controversy by virtue of
supervening events,26 so that a declaration thereon would be of no practical use or value

WHAT IS BICAMERALISM

WHAT ARE THE 2 TYPES OF CONFERENCE COMMITTEES?

Conference committees may be of two types: free or instructed.
Free- PH FOLLOWS THIS, IT CAN TOUCH UPON ANY PROVISION AND EVEN ADD

DEFINE:

Enrolled bill

One subject one title rule

Every bill passed by Congress shall embrace only one subject which shall be expressed in the title
thereof

3 readings rule
The purpose for which three readings on separate days is required is said to be two-fold: (1) to inform
the members of Congress of what they must vote on and (2) to give them notice that a measure is
progressing through the enacting process, thus enabling them and others interested in the measure
to prepare their positions with reference to it

Can the legislature adjust the passing rate of the bar exams? In re: Matter of petitions on Admissions to
the Bar. - YES

Is the creation of congressional oversight committee unconstitutional?

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.

Yes according to ABAKADA GURO VS PURISIMA

From the moment the law becomes effective, any provision of law that empowers Congress or any of its
members to play any role in the implementation or enforcement of the law violates the principle of separation
of powers and is thus unconstitutional. Under this principle, a provision that requires Congress or its
members to approve the implementing rules of a law after it has already taken effect shall be
unconstitutional, as is a provision that allows Congress or its members to overturn any directive or ruling
made by the members of the executive branch charged with the implementation of the law.

Batch 3 EFFECTIVITY OF STATUTES

State the process of enacting Administrative Laws/Statutes – see process in admin code book 7 chap. 2-9

Central bank circulars with penal provisions has to be published – QUE PO LAY

Foreign exchange $7,000

Review TANADA VS TUVERA –what laws need and need not to be published

INTERPRETATIVE REGULATIONS

THOSE MERELY INTERNAL IN NATURE

LETTERS OF INSTRUCTIONS

ORDINANCES – PROCESS OF ENACTING THEM – SEE LOCAL GOV’T CODE SEC 54-59
Manner of computing time – we follow admin code not civil code – CASE VIR-JEN VS NLRC

MUNICIPALITY OF PARANAQUE VS VM REALTY CORP.

ORDINANCE VS RESOLUTION

LAW VS DECLARATION OF SENTIMENT/ OPINION

Under a city council resolution, the Municipality of Parañaque filed on September 20, 1993, a
Complaint for expropriation against Private Respondent V.M. Realty Corporation over two parcels of
land.
According to the respondent, the complaint failed to state a cause of action because it was filed
pursuant to a resolution and not to an ordinance as required by RA 7160 (the Local Government
Code); and (b) the cause of action, if any, was barred by a prior judgment or res judicata. Petitioner
claimed that res judicata was not applicable.
A local government unit (LGU), like the Municipality of Parañaque, cannot authorize an expropriation of
private property through a mere resolution of its lawmaking body. The Local Government Code expressly
and clearly requires an ordinance or a local law for the purpose. A resolution that merely expresses the
sentiment or opinion of the Municipal Council will not suffice. On the other hand, the principle of res
judicata does not bar subsequent proceedings for the expropriation of the same property when all the
legal requirements for its valid exercise are complied with.

CO KIM CHAN VS VALDEZ TAN KEH