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1. Briefly explain
the doctrine of state immunity from suit. What is its basis under the Constitution? Sec. 3, Art. 16 The State may not be sued without its consent theory. 2. What are the bases or underlying principles of this doctrine? A sovereign is exempt from suit, not because of any formal conception or obsolete theory but on the logical ground that there can be no legal right as against the authority that make the law on which the right depends. 3. What is the exception to the rule that the State cannot be sued? 4. How is consent to be sued given? Expressly or impliedly. 5. How does a State give its express consent to be sued? Thru a general law or a special law. 6. How does a State give its implied consent to be sued? Is conceded when the State itself commences litigation, thus opening itself to a counter claim or when it enters into a contract. 7. Are all contracts entered into by the government considered as waiver of its immunity from suit? Why? No, distinction must be made between one which is executed in the exercise of its sovereign function and another which is done in its proprietary capacity. 8. How must enforcement or satisfaction of a judgment against the State be pursued? Appropriation of public funds. 9. May the courts issue writs of execution against the government? Why?
THE CONSTITUTION IN GENERAL Manila Prince Hotel vs. Government Service and Insurance System, Inc., et al., 03 February 1997
1. Are provisions of the Constitution selfexecuting? The general rule or presumption is that all provisions of the Constitution are self-executing UNLESS it is expressly provided that a legislative act is necessary to enforce a constitutional mandate. When are provisions of the Constitution considered self-executing? Complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected. State the Filipino First policy under the Constitution? Under the Filipino First Policy provision of the 1987 Constitution, where a foreign firm submits the highest bid in a public bidding concerning the grant of rights, privileges and concessions covering the national economy and patrimony, thereby exceeding the bid of a Filipino, the Filipino will
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have to be allowed to match the bid of the foreign entity. And if the Filipino matches the bid of a foreign firm the award should go to the Filipino. Is the Filipino First provision of the Constitution self-executing?
citizens, showing that the issues raises of transcendental importance; and (5) claim that the official action complained of infringes upon their prerogatives as legislators.
5. Why
is it improper to implead an incumbent President in a suit? Settled is the doctrine that the President during his tenure of office or actual incumbency may not be sued in any civil or criminal case, and there is no need to provide for its constitution or law. are the reasons behind this principle? It will degrade the dignity of the high office of the President, the Head of the State, if he can be dragged into court litigation while serving as such.
6. What
9. Does the President have the power to issue decrees? Why not? 10. Under what conditions may Congress delegate emergency powers to the President? 11. Why does the President have no power to order the Armed Forces of the Philippines to enforce obedience to all laws, even those not related to lawless violence?
Oposa v. Factoran 224 SCRA 792 1. What is the legal principle behind the standing to sue of the minors to assert their right to a balanced and healthful ecology? INTERGENERATIONAL RESPONSIBILITY 2. Briefly explain this principle? Every generation has a responsibility to the next to preserve that rhythm and harmony for
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the full enjoyment of a balanced and healthful ecology. 3. May the courts refuse to exercise its power of judicial review if the issue involves a political question? Courts may not refuse to exercise its power of judicial review if the issue involved a political questions, it must, nonetheless be emphasized that the political question doctrine is no longer the insurmountable obstacle to the exercise of judicial power or the impenetrable or the impenetrable shield that protects the executive and legislative actions from judicial inquiry or review.
lack or excess of jurisdiction on the part of any branch or instrumentality of the govt. In sync and symmetry with is intent are other provisions of the Constitution trimming the so called political thicket. 4. Distinguish EDSA People Power I and EDSA People Power II. EDSA I is extra constitutional involving the exercise of the people power of revolutions which overthrew the whole government. EDSA II is intra constitutional is an exercise of the people power of freedom of speech and freedom of assembly to petition the government for redress of grievances which only affect the office of the President. The former is a political question while the latter is a legal question. 5. Could President Estrada be considered to be merely temporarily unable to perform the powers and duties of the presidency and thus be considered a President on leave? Why not? Both houses of Congress have recognized the respondent Arroyo as the President. Implicitly clear in that recognition is the premise that the inability of the Estrada is no longer temporary. Congress has clearly rejected his claim of inability. The Court holds that the resignation of former President Estrada cannot be doubted therefore he is not a President on leave but a resigned President. His resignation was confirmed by his leaving the Malacaang. Using the totality test the Court hold that Estrada resigned as President by determining his acts and omissions before, during and after January 20, 2001 or by totality of prior, contemporaneous and posterior facts and circumstantial evidence bearing a material relevance in the issue. In his press release containing his final statement, (1)he acknowledge the oath-taking of the Arroyo as President with reservation about its legality; (2) emphasize that he is leaving the Palace seat of Presidency, for the sake of peace and order he did not say that he is leaving the palace due to any kind of inability and that he is going to reassume the presidency as soon as the disability disappears; (3) he expressed his gratitude to the people for the opportunity to serve them; (4) he assured that he will not shirk from any future challenge that may come ahead in the service of the country; and (5) he called on his supporters to join him in the promotion of a constructive national spirit.
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speedy enactment of a law in the face of an emergency requiring the calling of a special election for President and Vice-President. Under the Constitution such a law is required to be made within seven days of the convening of Congress in emergency session.
2. What is the test of germaneness of a provision of a bill? 3. What is the purpose of the unity of subject matter of bills? 4. Which branch of the government has the primary power to create public offices? 5. May courts of law review a budget passed by Congress to determine if such budget is reasonable or sufficient? Why? 6. Is there such a thing as an irrepealable law? Why? Arroyo v. De Venecia 277 SCRA 268, 14 August 1997
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secretaries of both Houses of Congress that it was passed on November 21, 1996 are conclusive of its due enactment.
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secrets but also to documents integral to an appropriate exercise of the executive domestic decisional and policy making functions, that is, those documents reflecting the frank expression necessary in intragovernmental advisory and deliberative communications. What is the so-called executive privilege? The doctrine of executive privilege is thus premised on the fact that certain informations must, as a matter of necessity, be kept confidential in pursuit of the public interest. The privilege being, by definition, an exemption from the obligation to disclose information What are the varieties of executive privilege? highly important executive responsibilities involved in maintaining governmental operations, and extends not only to military and diplomatic secrets but also to documents integral to an appropriate exercise of the executive domestic decisional and policy making functions, that is, those documents reflecting the frank expression necessary in intra-governmental advisory and deliberative communications. Are executive officials exempt from the duty to disclose information by the mere fact of being executive officials? Why? Since Congress has authority to inquire into the operations of the executive branch, it would be incongruous to hold that the power of inquiry does not extend to executive officials who are the most familiar with and informed on executive operations. What is the difference between the socalled question hour and the exercise of Congress of its power of inquiry? While attendance was meant to be discretionary in the question hour, it was compulsory in inquiries in aid of legislation. How may executive officials exempt themselves from the exercise by Congress of its power of inquiry? Why? Thru Executive Previlage. Doctrine of executive privilege is thus premised on the fact that certain informations must, as a matter of necessity, be kept confidential in pursuit of the public interest. The privilege being, by definition, an exemption from the obligation to disclose information, in this case to Congress, the necessity must be of such high degree as to outweigh the public
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interest in enforcing that obligation in a particular case. Who has the power to invoke executive privilege? highly exceptional nature of the privilege, the Court finds it essential to limit to the President the power to invoke the privilege. She may of course authorize the Executive Secretary to invoke the privilege on her behalf, in which case the Executive Secretary must state that the authority is "By order of the President," May the President require that all executive officials to seek prior consent before attending a legislative inquiry? required prior consent under Section 1 is grounded on Article VI, Section 22 of the Constitution on what has been referred to as the question hour. However the same cannot be applied to appearances of department heads in inquiries in aid of legislation. Congress is not bound in such instances to respect the refusal of the department head to appear in such inquiry, unless a valid claim of privilege is subsequently made, either by the President herself or by the Executive Secretary. What is the difference between the power of inquiry of Congress and the right of the people to information on matters of public concern? distinctions between the right of Congress to information which underlies the power of inquiry and the right of the people to information on matters of public concern. For one, the demand of a citizen for the production of documents pursuant to his right to information does not have the same obligatory force as a subpoena duces tecum issued by Congress. Neither does the right to information grant a citizen the power to exact testimony from government officials. These powers belong only to Congress and not to an individual citizen.
separate capacity, whatever may be essential to enable them to legislate.It is wellestablished principle of this parliamentary law, that either house may institute any investigation having reference to its own organization, the conduct or qualification of its members, its proceedings, rights, or privileges or any matter affecting the public interest upon which it may be important that it should have exact information, and in respect to which it would be competent for it to legislate. The right to pass laws, necessarily implies the right to obtain information upon any matter which may become the subject of a law. It is essential to the full and intelligent exercise of the legislative function
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conditions when it leaves the hands of the legislature. And it may be deemed to have left the hands of the legislature when it becomes effective because it is only upon effectivity of the statute that legal rights and obligations become available to those entitled by the language of the statute. Subject to the indispensable requisite of publication under the due process clause,61 the determination as to when a law takes effect is wholly the prerogative of Congress. tests determine the validity of delegation of legislative power: (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.26 It lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegates authority and prevent the delegation from running riot.27 To be sufficient, the standard must specify the limits of the delegates authority, announce the legislative policy and identify the conditions under which it is to be implemented.28 Abakada Guro August 2008 Party List v. Purisima 14
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(a) to monitor bureaucratic compliance with program objectives, (b) to determine whether agencies are properly administered, (c) to eliminate executive waste and dishonesty, (d) to prevent executive usurpation of legislative authority, and (d) to assess executive conformity with the congressional perception of public interest. The power of oversight has been held to be intrinsic in the grant of legislative power itself and integral to the checks and balances inherent in a democratic system of government.
1. What is executive power? 2. What are the powers of the President under the Constitution? 3. Are the powers of the President limited only to the specific powers enumerated in the Constitution? Why? 4. Please explain the power of the president to keep the peace? 5. May the courts supplant the executive? Why? Integrated Bar of the Philippines v. Zamora 338 SCRA 81, 15 August 2000 1. What are the requisites for the exercise of the power of judicial review? 2. What is the meaning of locus standi? 3. Does the invocation by the IBP of its duty to preserve the rule of law sufficient to give it legal standing? Why? 4. When may the courts take cognizance of a case and exercise its power of judicial review even though the petitioners do not satisfy the requirement of legal standing? Why? 5. What is the nature of the Presidents calling out power? May the Supreme Court review the factual basis for the exercise thereof? Why? 6. What are the conditions required for the exercise by the President of her power to suspend the writ or declare martial law? Are these requisites necessary for the exercise by the Presidents calling out powers? 7. Does the deployment of the military for civilian law enforcement necessarily constitute a violation of the civilian supremacy clause? Carpio v. Executive Secretary, 206 SCRA 290, 14 February 1992 1. What is the meaning of the Presidents power of control? 2. What is the doctrine of qualified political agency?
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THE EXECUTIVE DEPARTMENT Marcos v. Manglapus, September 1989 177 SCRA 668, 15
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1. Who has the power to appoint? 2. Under the Constitution, who may the President appoint? 3. In whom may Congress vest the power to appoint lower ranked officers? 4. Is the Presidents power to appoint subject to legislative limitations? 5. What is the extent of the Presidents power of control? 6. May Congress pass a law that puts a government office in the Executive Branch outside the control power of the President? Why? Matibag v. Benipayo 380 SCRA 489 02 April 2002 1. What is an ad interim appointment? 2. What is the nature of an ad interim appointment? 3. When is it effective? 4. Until when is it effective? 5. When does an ad interim appointment become complete and irrevocable? 6. When is an ad interim appointment terminated? 7. What is the nature of a temporary appointment? 8. May an ad interim appointee disapproved by the Commission on Appointments be extended a new appointment? 9. What is the difference between a disapproved and a by-passed ad interim appointment? Sanlakas v. Executive Secretary, 421 SCRA 656, 03 February 2004 1. As Commander-in-Chief, what are sequence of graduated powers of the President under Section 18, Article VII of the Constitution? Bayan v. Zamora, 342 SCRA 449, 10 October 2000
1. Who has the power to enter into and ratify a treaty under the Constitution? 2. What is the limitation to this power? 3. Under the constitution, what are the requirements for the stay of foreign troops in the country to be valid? Flores v. Drilon 223 SRA 568, 22 June 1993 1. What is the nature of the power to appoint? 2. Under the Constitution, with respect to the holding of other positions in government, what is the difference between the restriction on elective officials and that on appointive officials? Pimentel v. Ermita, 472 SCRA 587, 13 October 2005 1. What is the nature of the Presidents power to appoint? 2. How does the legislature limit the Presidents power to appoint? 3. What are the limitations on the power of Congress to prescribe qualifications to an appointive office? 4. What is the essence of an appointment in an acting capacity? 5. Can Congress impose on the President who to appoint? Why? 6. Differentiate an ad interim appointment from an appointment in an acting capacity. Constantino v. Cuisia, 472 SCRA 505, 13 October 2005 1. Who is the Executive of the Government of the Philippines? 2. What is the nature of the role of each head of a department? 3. What are the powers of the President which may not be delegated to or exercised by an agent or alter ego of the President? 4. May the Presidents borrowing power be exercised by his or her alter ego, the Secretary of Finance?
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5. Is the exercise of judicial review meant to supplant the Executive? Pimentel v. Office of the Executive Secretary, 462 SCRA 623, 06 July 2005 1. What is the Presidents role with respect to treaty making? 2. What is the limitation on this power of the President? 3. After signing of a treaty, may the President choose not to ratify it? 4. What is the role of the Senate in the treaty-making process? 5. Does the Senate have the power to ratify a treaty? Drilon v. Lim, 235 SCRA 135, 04 August 1994 1. May lower courts exercise the power of judicial review? Why? 2. Distinguish the power of control over the power of supervision? Tanada v. Angara 272 SCRA 19, 02 May 1997 1. When does an action to annul an act of Congress become justiciable? 2. Do courts have the power to review the wisdom of the decisions of the President and the Senate or the merits of an executive policy? Why? 3. Do courts have the power to review judgment calls of policy makers in the executive and legislative branches of the government? Why? 4. What is the so-called doctrine of incorporation? KMU v. NEDA, 487 SCRA 623 1. What is power? the meaning of legislative
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Neri v. Senate Committee on Accountability of Public Officers, 25 March 2008 1. How may executive officials be exempt from the Congress power of inquiry? 2. What kinds of communications are covered by executive privilege? 3. What are the two kinds of executive privilege? 4. What is the so-called presidential communications privilege? 5. What are the elements of the so-called presidential communications privilege? 6. Why are the proposed questions of the Senate inquiry on Neri considered covered by presidential communications privilege? 7. Are communications within the executive privilege absolutely protected by the Constitution? Explain. 8. What must be shown to overcome this privilege? 9. Is executive privilege a bar to the possible disclosure of crime or wrongdoing?
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10. How should the claim of executive privilege be invoked? 11. What are required of the Senate Committee conducting the inquiry when inviting a person to appear before it?
piecemeal change in the Constitution, while revision is the revamp or the rewriting of the entire instrument. But amendment is the generic term used to denote change in the Constitution.
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the system of initiative on the Constitution under the Constitution selfexecutory? Why? No, non-self executory. Congress shall provide law. 2. May the people directly propose amendments to the Constitution through the system of initiative? Why? 3. What is the general rule on delegation of powers? What has been delegated cannot be delegated (potestas delegate non delegari potest). 4. What are the exceptions? (1) delegation of tariff to the President; (2) delegation of emergency powers; (3) delegation to the people at large; (4) delegation to local governments; and (5) delegation to administrative bodies. 5. What are the tests of a valid delegation? In every case of permissible delegation, there must be showing that the delegation itself is valid. It is valid if the law (1) is complete in itself, setting forth the policy to be executed, carried out or implemented by the delegate and (2) fixes the standard the limits of which are sufficiently determinate and determinable-to which the delegate must conform in the performance of his functions.
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regardless of the place of childs birth, as opposed to JUS SOLI which determines nationality on the basis of birth place. Under the CA 63, how may a Filipino citizen lose his citizenship? 1. Naturalization in a foreign country; 2. By express renunciation of citizenship; 3. By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining 21 y.o. or more; 4. By accepting commission in the military, naval, or air service of a foreign country; 5. By cancellation of the certificate of naturalization; 6. By having been declared by competent authority a deserter of the Phil. Armed in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and 7. In case a woman, upon her marriage to a foreigner if by virtue of the laws in force in her husbands country, she acquires his nationality. What is required for renunciation to be effective? Filing of cert. of candidacy sufficed to renounced foreign citizenship, effective removing any disqualification as dual citizen. This is so because, one declares by he is a Filipino citizen and that he will support and defend the Constitution and will maintain true faith and allegiance thereto. Such declaration, which is under oath, operates an effective renunciation of foreign citizenship.
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Valles v. Comelec,337 SCRA 543
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the passage of RA 9225, the irresistible conclusion is that duals may now exercise the right to suffrage thru absentee voting scheme and as overseas absentee voters. How may dual citizens abroad exercise their right of suffrage? Thru (1) Absentee Voting refers to process by which qualified citizens of the Phil. Abroad exercise their right to vote; (2) Overseas Absentee Voter refers to a citizen of the Phil. Who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of election.
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What are the basic provisions of RA 9225? RA 9225, An Act Making the Citizenship of the Phil. Citizens Who Acquire foreign Citizenship of Phil. Permanent, Amending for the Purpose of CA 63. Declaration of Policy-It is hereby declared the policy of the State that all Phil. Citizens who become citizens of another country shall be deemed not to have lost their Phil. Citizenship under the conditions of the Act. Is RA9225 constitutional? Why? Yes, because the intent of legislature in drafting RA 9225 is to do away with provision in CA 63 which takes away Phil. Citizenship from natural-born Filipinos who become naturalized of other countries. It does not recognize dual allegiance.
suspension of writ of habeas corpus, such revocation shall not be set aside by the President. Emergency Power (Sec.23, Art.6) The President may not exercise the emergency power. There must be law authorizing its exercise because is only a delegated power. Power to fix tariff rates (Sec.26, Art.6) The Congress may by law, authorize the President to fix within specified limits and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharf age dues, and other duties or impositions and other duties w/in the framework of the national development program of the Govt.
2. Give three (3) ways by which Congress can check the exercise of power by the Supreme Court. Briefly explain each.
3. Give one (1) way by which the President can check the exercise of power by Congress. Briefly explain.
VERY IMPORTANT QUESTIONS 1. Give five (5) ways by which Congress can check the exercise of power by the President? Briefly explain each. 4. Give one (1) way by which the President can check the exercise of power by the Supreme Court. Briefly explain.
Powers as Commander in Chief (Sec. 18, Art.7) The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation of martial law or
5. Give one (1) way by which the Supreme Court can check the exercise of power
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by the President and Congress. Briefly explain. EXPANDED POWER OF JUDICIAL REVIEW (Par. 2 Sec.1, Art.8) To determine whether or not there has been a grave abuse of discretion amounting to lack or excess or jurisdiction on the part of any branch or instrumentality of the Govt. Also known as extraordinary power of the court. This part of the definition adversely affects the Political Question Doctrine which has been greatly diminished.
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