CONSTITUTIONAL LAWI
Notes for class discussion
Under JOSE EDMUND E. GUILLEN
SEPARATION OF POWER
What is the objective of the doctrine of separation of powers?
Prevent a concentration of authority
To secure action, to forestall overaction, to prevent despotism, and obtain eficiency
Not independence but interdependence
o In Re: Manzano - Judge Manzano filed a petition allowing him to accept the
appointment by Ilocos Sur Governor Farinas as member of llococ Sur Committee
on Justice created pursuant to a Presidential Order. He is the executive judge of
the RTC. Petition is denied. Violation of Section 12, Article VIII of the 1987
Constitution. - prohibits the designation of members of the judiciary to any
agency performing quasi-judicial or administrative functions.
o Administrative functions are those which involve the regulation and control
Over the conduct &affairs of individuals for their own welfare and the
promulgation of rules and regulations to better carry out the policy of the
Legislature or such as are devolved upon the administrative agency by the
organic law of its existence.
o "Administrative functions" as used in Sec. 12 refers to the Govenment's
executive machinery and its performance of governmental acts. It refers to the
management actions, determinations, and orders of executive officials as they
administer the laws and try to make government effective. There is an element of
positive action, of supervision or control.
o In the dissenting opinion of Justice Gutierrez:
Administrative functions are those which involve the regulation and control over
the conduct and affairs of individuals for their own welfare and the promulgation
of rules and regulations to better carry out the policy of the legislature or such as
are devolved upon the administrative agency by the organic law of its existence
we can readily see that membership in the Provincial or City Committee on
Justice would not involve any regulation or controlover the conduct and affairs of
individuals. Neither will the Committee on Justice promulgate rules and
regulations nor exercise any quasi-legislative functions. Its work is purely
advisory. A member of the judiciary joining any study group which concentrates
on the administration of justice as long as the group merely deliberates on
problems involving the specdy disposition of cases particularly those involving
the poor and needy litigants-or detainees, pools the expertise and experiences of
the members, and limits itself to recommendations which may be adopted or
rejected by those who have the power to legislate or administer the particular
function involved in their implementation.
o Abakada Guro Party List vs. Purisima - RA 9335 was enacted to optimize the
revenue-generation capability and collection of the Bureau of Intermal Revenue
(BIR) and the Bureau of Customs (BOc). Section 12 of the law provides for the
setting up of a Joint Congressional Oversight Committee the purpose of which is
the approvalof the implementing rules and regulations (RR) to be formulated by
the Departrment of Finance, Department of Budget and Management, NEDA, BIR,
BOC and the Civil Service Commission. After the Oversight Committee will have
approved the implementing rules and regulations it shall becomefunctus oficio
and therefore cease to exist. W/N Section 12 violates the principle of separation of
powers?
. Congressional Oversight in the following: a) budget hearing or during
appropriations hearing
Question hour (Section 22, Article VI)
Investigation and monitoring of the implementation of the law pursuant to
the power of congress to conduct inquiries in aid of legislation (Section 21)
o Belgica et. al. vs. Ochoa Jr. et. al, - Whether or not the 2013 PDAF article and
all other congressional pork barrel laws similar thereto are unconstitutional
considering that they violate the principles oflconstitutional provisions on a)
separation of powers; b) non-delegability of legislative power; c) checks and
balances; d) accountability; and e) local autonomy
Take note of the interplay (blending of powers) between the three branches of the government:
" The President prepares the budget and submits it to the Congress
o Congress will deliberate on the said budget
It may decrease the budget for some departrHent or offices
There are budget hearing conducted with heads of different department being
called to testify on their respective budget
Congress will approved the budget - GA bill and submits to the President
o The president may veto some items in the bill and send the billwith its vetoed
items back to Congress (Section 27, par l and 2, Article VD
o Congress may override the veto of the President
o The SC may decide, if a complaint is filed, if the veto is constitutional or the
overidding of the veto is done within the limits of the constitution
This is also an exercise of the mechanism of the checks and balanoes
Congress may also refuse to give concurrence to the grant of
pardon or the senate may refuse to ratify or concur in the treaty
entered into by the President
Congress may refuse to confirm the appointment made by the
President
Congress may limit the jurisdiction of the Suprene Court and other
lower courts (Article VII, Section 2)
The President may nullify the conviction in a criminal case by
pardoning the offender (Article VII, Section 19)
The judiciary in general has the power of judicial review - to
review the constitutionality of the acts of the executive and
legislative branches as well as those of the constitutional
commissions.
Grant of amnesty by the president
o Requires concurTence by majority of all them members of the congress (Article
VIL, Section 19, par 2)
Role of the courts:
o Memorize the words of Article VII, Section 1, second paragraph
" The judicial power includes the duty ofthe courts of jusitceto settle actual controversies
involving rights which are legally demandable and enforceable, and to determine whether or
not there has been grave abuse ofdiscretion amounting to lack or excess of jurisdiction on the
part ofany branch or instrumentality ofthe Government."
Grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the Government
What is the effect of this provision to the political question doctrine?
" It limits the scope of political question but not abolished
What is the definition of political question?
o Tanada v. Cuenco-a question of policy; those question
which under the constitution, are to be decided by the
people in their sovereign capacity or by duly elected
representativesby elegation; issues which are dependent
upon the wisdom not legality of a particular measure
o Sanidad v.Comelec -
o Daza v. Singson - Daza questioned his replacement in the
CA due to the reorganization of the LDP. He contends that
the realignment was not registered with the
When the latter granted COMELEC.
must pass the test of timeregistration,
he contends that it
to see whether it is
not.The issue regarding the composition permanent or
of the CA is a
justiciable
What is the basis forquestion,
not political.
the exercise of power?
o Express
conferment of power
o But not always the case that traditional exercise of powers
are lodged in that specific department
Example the power to impeach,
and to decide impeachment cases which isexecutive,
is
is lodged in congress which judicial
Also the power of investigation, which is
an executive and judicial function, but is more of
exercise by congress being
Supreme Court exercises the executive power to
remove judges of the lower courts eventhough they
were appointed by the President
The President may be authorized by the
to exercise tariff powers and Congress
emergency powers
both of which are legislative in nature, because the
constitution allows it
o Under the doctrine of necessary
implication - the grant of
express power carries with it all other powers that may be
reasonably inferred from it.
Angara v. Electoral Commission the power of the
electoral commission to promulgate its own rules of
procedure was sustained by the SC
Example is the power to cite one for contempt,
which is judicial in nature
Take note that congress may exercise the
power to cite one in contempt when it
conducts investigatiYn in aid of legislation
under article VI, Section 21
o Incidental power - although not specifically
granted by
constitution either expressly or by implication, may be the
justified as inherent or incidental
Example, the president may deport undesirable
aliens
The contempt power of the court
Illustration of political question and justiceable question: Article XI
Section 2 provides for the grounds for impeachment
Other high crimes or betrayal of public trust
o Failure of the Chief Justice to declare some of his
properties in his SALN, interpreted by Congress as betrayal
of public trust? This was questioned before the Supreme
Court as wrong interpretation. Can the court interveney
Disorderly behavior
o Acongressman was caught at the airport possessing illegal
drugs. It was used as aground for his expulsion from the
house for disorderly behavior. Can it be questioned before
the court as invalid ground?
Power to declarc martial law and the suspension of the privilege of the
writ of habcas corpus
Early cases indicate that the power is discretionary and therefore not
justiciable
o Barcelon v. Baker
o Montenegro v. Castaneda
Then it was reversed in the case of Lansang v. Garcia
o The court can intervene and see if the ground invoked by the
President are really present
Then the court again reversed and returned to the doctrine laid down in
Barcelon v. Baker
o The power is discretionary on the part of the President
o i a f e
whe Under the present constitution, provisions were already provided for
a
the questioning of the declaration before the Supreme Court
a (
AR Article VII, Section 18, illustrates the principle of checks and
Cengr
balances
The president can declare martial law and suspend the
privilege of the writ of habeas corpus
" Grounds of invasion and rebellion
Limited to 60 days only
Report to congress
Congress can revoke the declaration of the President. It
can also extend the proclamation of the President
The Supreme Court can also nullify the proclamation of
the President if there is insufficient factual basis for
such declaration and suspension of the privilege of the
writ of habeas corpus
ABAKADA GURO Party v. Hon Cesar Purisima - R. A. 9335 was passed by
Congress to optimize the revenue- generation capability and collection of the BIR and
the BOC. Section 12 of the law provides for the setting up of the Joint
Congressional
Oversight Committee. The committee will become functus officio after the approval of
the implementing rules and regulations.
o Issue: WON the creation of a congressional oversight committee violates the
principle of separation of powers?
DELEGATION OF POWERS
The rule is potestas delegate non delegari potest- what has been delegated cannot be delegated
A further delegation of the power would constitute a negation of the duty reposed on the
delegate to perform, in violation of the trust placed in the delegate mandated to discharge
it.
Why then delegation is allowed?
o Increasing complexity of the task of government
o Growing inability of the legislature to cope directly with the many problem
demanding its attention
o The need for specialization in a given field
Example the regulation of common carriers
Permissible delegation
o Tariff powers to the President - Article VI, Section 28 (2)
Garcia v. Executive Secretary: The President issued an EO which
imposcd, across the board, including crude oil and other oil products,
additional duty ad valorem. The tariff commission held public hearing on
said EO and submitted a report to the President for consideration and
appropriate action. The President, on the other hand, issued an FO which
levied a special duty of o.95 per liter of imported crude oil and 1.00 per
liter of imported oil prodeucts.
/aw
Issue: WON the president may issue an EO which is tantamount to
enacting a bill in the nature of revenue generating measures.
NLRC
The president is allowed by the Constitution under Article VI, SectioD 28
(2) and pursuant to the Tariff and Customs Code of the Philippines
o Emergency power to the President- Article VI, Section 23 (2)
War and other national emergency
Limited period only
q u alre
iagl a o Subject to the restriction imposed by Congress
To carry out a declared national policy of Congress
Cease only if withdrawn by Congress through a resohution
Or upon next adjournment
Different from martial law power of the president
g Delegation to the people at large
R.A. No. 6735 -The Initiative and Referendum Act, commonly known as
the Roco Law tan he
afwey o Delegation to the Local Government
R.A. No. 7160 - The Local Government Code/
o Delegation to Administrative Bodies Standa d
epres or impied
The Administrative Code of 1987
Tablarin v. Gutierrez - the requirement that all those who are going to
te-delegatr enroll in medical schools must pass NMAT. Based on MECS Order
No .52 S. 1985. The cut off score will be determined by the Board of
Medical Education. Passers of NMAT will be given the required "ohect
Certificate of Eligibility for Admission (CEA)
" This is still a valid delegation of legislative power
" Even the requirenent of 3 flunk rule was sustained as valid
Eastern Shipping Lines v. POEA-Vitaliano Saco was Chief Offioerofthe MN
Fastern Poaris when he was killed in an accident in Tokyo, Japan on March 15, 1985.
His widow sued for damages under Executive Order No. 797 and Memorandm
Circular No.2 of the POEA. The petitioner, as owner of thevessel, argued that the
complaint was cognizable not by the POEAbut by the Social Security System and
odrns shouid have been filed against the State Fund Insurance. The POEA neverheles
assumed juriscicionand aftc Considering the position papes of fhe partiesnued in
favour of the complainant
Issue: Validity if Memorandum Circular No. 2 as violative of the
R e c a- l l the Non-delegation of legislative power.
No. Memorandum Circular No. 2is an administrative regulation. The model
contract presaibed thereby has been applied inasignificat nmber of the
cases without challengeby the empkoyer. The power of fhePOEA (and beiore
it the National Seamen Board) in requiring the model contrad is not mlmited
as there is asuficient standard guiding the delegate in the exercise ofthe said
authority. That standardisciscoverable inthe exeative arder itself which, n
crcating the Philipine Overscas Employmet Adninistraion, mandated it o
protect the rights fovrsezs Flipino workers to yair andequitable
employmentpractioes."
Pacific Stream Laundry Inc. v. Laguna Lake Development Authority
Issues: does LLDA have the implied power to impose fines as set
Delega forth in PD 984?
Does the grant of implied power to LLDA to impose penalties
la
violate the rule on non-delegation of Legislative powers?
o There is no undue delegation of legislative power because
the power of LLDA to impose fines is not unrestricted. It is
provided that if after investigation it is proven that the
discharge failed to meet the water and effluent quality
standards, then the penalty is P1,000 per day, in accordance
with the amount of penalty prescribed under PD 984. There
are adequate statutory limitations on LLDA's power to
impose fines.
Tests of Valid Delegation
o The Completeness Test
The law must be complete in all its essential terms and conditions when it
leaves the legislature so that there willbe nothing left for the delegate to
do when it reaches him but to enforce it.
o The Sufficient Standard Test
The law may not give all the details but may be sustained if there is a
sufficient standard
Standard is meant to map out the boundaries of the delegate's authority by
defining the legislative policy and indicating the circumstances under
which it is to be pursued and effected.
The purpose is to prevent a total transfer of legislative power from the
lawmaking body to the delegate
It is indicated in the law itself
Suhjet Blue Sky Law -public interest
R.A. No .51- to promote simplicity, economy, and efficiency
Hirabayashi v. United States (Cruz) the standard may not be
found in the law itself, but may be found in the Executive Order of
H a s o n a t
the President which maps out the national policy to be followed in
a t t eyi n
o r dealing with the Niseis ( American citizens of Japanese ancestry)
People v. Vera -concerning the old Probation Act, held to be
unconstitutional ue to violation of equal protection clause. The
effectivity of the law woulddepend on the ordinance to be passed
by cach province in order to appropriate funds for the salary ofthe
Probation Officer. It would appear that the effectivity of the act
would depend on the action of the Provincial Board
Ynot v. IAC- the questionable manner ofthe disposition of the
confiscated property. It depends on the discretion of the Chairman
of the National Meat Inspection Commission, the Director of the
Animal Industry. There is no usual standard and the reasonable
guidelines, or limitations on the discretion of those officers in the
distribution of the meat products.
" Emmanuel Pelaezv. Auditor General -the two tests must be
applied concurrently.
