Executive, Legislative, and Judiciary forms of Government (ITL Deck 2)

Jus Sanguinis

acquisition of citizenship on the basis of blood relationship

Jus Soli

acquisition of citizenship on the basis of place of birth

Naturalization

Adoption an alien and clothing him with the privilege of a native born citizen

Mercado v. Manzano (May 26, 1999)

Legal basis for the difference between Dual Citizenship and dual Allegiance

Dual Citizenship

Concurrent application of the different Laws of 2 or more states, a person is simultaneously considered a national by the said states

Dual Allegiance

Acquisition of another Citizenship by some positive act, loyalty, to two or more states.

Three Co-equal Branches of the Government

Legislative, Executive, Judicial

Executive Department

Branch of the government that is given the duty of enforcing the law.

The Sword of the Government

The executive branch is symbolically deemed as wielding the sword.

Most active branch

The executive branch is the most active branch because it deals directly with the affairs of the people.

President

The president is constitutionally vested with executive powers therefore he has control and supervision on all executive offices

Article VII Section 4 of the constitution

President and vice president shall be elected by direct vote of the people for a term of 6 years

Begin at noon on the 30th of June following the day of the election and shall end on the same time and day 6 years thereafter

Elections for the President and Vice president shall happen on the second Monday of May unless otherwise provided by Law

President shall not be eligible to be re-elected. No person who has succeeded as president and has served as such for more than 4 years shall be qualified for election to the same office at any time

No Vice president Shall serve for more than 2 succeeding terms.

Voluntary renunciation shall not be considered as an interruption in the continuity of the service for the full term for which he was elected

Presidential Immunity from suit

President, judges of the courts, and members of the legislature, may not be personally burdened with civic damages for the consequences of acts executed in the performance of of His official duties

Principle of Non Liability

The principle does not mean that the executive may not be personally sued at all in relation to acts which he claims to perform.

Personal Business

The president is liable when he acts so plainly out of his power and authority that he cannot be said to have exercise discretion in determining whether or not he had the right to act.. It would be anomalous to hold immunity as an inoculation from liability for unlawful acts and omission.

The Rule for Immunity

The rule is that unlawful acts of public officials are not acts of the state and the officer who acts illegally is not acting as such, but stands in the same footing as any other trespasser.

Legal Basis for Presidential Immunity

Estrada v. Desierto ( March 2, 2001)

Executive Power

According to the Constitution Article VII section 1 Constitution, it pertains to the power to enforce and administer the Laws. It shall be vested in the president of the Philippines and expressed through the manifold offices of the executive department.

Administrative Power

According to the Constitution Art VII section 17, it refers to the President's control over all such executive departments, bureaus and offices. He shall ensure the Laws are faithfully executed

Doctrine of Qualified Political Agency

Acts of the subordinates are considered to as the acts of the President.

The doctrine states that department heads or cabinet secretaries are merely the president's alter egos. This means that their acts, performed within the scope of their assigned duties and unless countermanded by the President, are considered acts of the President himself unless the president disapproved or reprobated the action.

There are also instances that under the constitution the chief executive is required to act in person , or the exigencies of the situation demand that he acts personally.

The Legal Basis for the Doctrine of Qualified Political Agency

Carpio v. Executive Secretary (February 24, 1992)

Calling out Power

President may call out armed forces to prevent or suppress lawless violence, invasion or rebellion. He can do this because he is the Commander-in-chief of the AFP.

Most benign of the military powers of the president and is merely incidental to his authority to determine the positions of the AFP and what degree of force particular crisis demands.

Limitations to the Calling Out power

Limited Only to ordinary police action necessary to maintain public order.

Pardon

According to the Judicial Pronouncement in the case of U.S v. Wilson (March 24, 1992) It is an act of grace which exempts individuals on whom it is bestowed from the punishments which the law inflicts for the crime he/she has committed.

Subject to acceptance and Rejection.

Amnesty

According to the Judicial pronouncement in the case of Barrioquinto v. Fernandez (January 21, 1949). It is also an act of grace concurred with by the legislature, usually extended to classes of persons or communities who may be guilty of political Offenses.

It is applied Retrospectively and is granted before or after the institution of the criminal persecution and sometimes after conviction.

Legislative Department

By constitutional mandate, The lawmaking power is vested upon the legislative department.

Article VI Section 1 Constitution

" The legislative power shall be vested in the congress of the Philippines which shall consist of a senate and house of representatives , except to the extent reserved to the people by the provision on the initiative and referendum."

The Purse of the Government

It is the Legislative department because the annual general appropriations act is approved by this body.

Legislative Power

Power to propose, enact, amend and repeal statutes.

Vested on the congress of the Philippines which consists of a senate and house of representatives.

Senate

Mandated with Lawmaking since its constitutional Role and duty is to make laws are derived from the people through popular representation.

Senate Concerns

The senate is traditionally concerned with the national sentiment rather than the regional and local interests and demands of various localities.

Plays a strategic role in the country's growth and development by pushing national programs or legislative agenda that addresses the country's national concerns

House of representatives

the lower house of Congress, consisting of a different number of representatives from each state, depending on population.

House of representatives concerns

they are generally based on the concerns of their respective constituencies.

Composition of the Senate

24 Senators (elected at large by the qualified voters of the Philippines, as may be provided by law)

Composition of the House of representatives

not more than 250 people (unless otherwise fixed by law, and 20% of whom must be Party-list representatives)

District Representatives

Not less than 200 members elected from legislative districts apportioned among the provinces, cities, and the metropolitan Manila Area. The Number has increased due to the creation/conversion of cities or creation of new legislative districts.

Party-list Representatives

Shall constitute 20% of the total number of representatives elected through the party-list system (Section 5, article VI) of registered national , regional, and sectoral parties or organizations.

Sectoral Representatives

1/2 of the seats that allocated to part list representatives shall be filled, as provided by law, by selection or election from the labour, peasant, urban poor, indigenous cultural communities, women, youth and other such sectors as may be provided by Law, except the religious.

Article VI section 5 Par. 2

In Aid of legislations

The Constitution vested in the senate the power to conduct legislative inquiries.

It should be noted that the power of legislative investigation may be implied from the express power of legislation and need not to be expressly granted.

Legislative Inquiry

Implementation or re-examination of any law or appropriations in connection with any proposed legislations for the formulation of, or in connection with future legislation, or which will aid in the review of formulation of a new legislative Policy or enactment.

Extended to all matters vested by the constitution and/or in the senate alone

Arnault v. Nazareno

Legislative inquiry is inherent in congress. However, the inquiry to be within the jurisdiction of the legislative body must be material or necessary to the exercise of a power vested by the constitution .

Article VI Section 22

The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

Subject Matter

As a corrective measure to past misuse of Legislative inquiries, the power of the congress to conduct investigations must be in aid of legislation. Non an end in itself such power is deemed as means to an end.

Purpose of Legislative inquiries

1. Implementation or re-examination of any law or appropriations.

2. In connection with any proposed legislation or in formulation of, or in connection with any future proposed legislation

3. Will aid in the Review or formulation of a new legislative policy or enactment.

4. To any and all matters vested by the constitution in congress and/or in the senate alone

5. Public Information. The Legislature is obligated and mandated to inform and educate the public as to the necessity of the legislation so as to guide the public opinion

6. To resolve questions concerning its membership or procedure, such as conduct of elections , campaign expenditures, fitness, qualifications of members of congress and others.

7. Additionally, alleged to be committed by the executive: Attendant thereto, congress or any of its investigating committee may perform investigative function on anomalous or illegal activities alleged to be committed by the executive, in which case, it may be recommended to the courts filing of appropriate case, if warranted.

Limitations of Legislative Inquiries

1. Must be in aid of legislation

2. must be in pursuance with rules of procedure

3. The rights of persons appearing in or affected by such inquiries shall be respected.

Void for Vagueness Doctrine and overbreadth Doctrine

A statute or act may be said vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application.

the statute is repugnant to the constitution in 2 respects

1. It violates due process for failure to accord persons fair notice of what conduct to avoid

2. It leaves enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the government muscle.

The Legal basis for the second respect of Vagueness

Estrada v. Sandiganbayan (November 19, 2001)

Power of Appropriations

Also called as the power of the purse and belongs to congress. Subject only to veto power of the president. It carries with it the power to specify the project or activity to be funded under the appropriation Law.

Legal Basis for the Power of appropriations

Philippine Constitution Association v. Enrique (August 19, 1994)

Pork Barrel System

An appropriation of government spending meant for localized projects and secured solely or primarily to bring money to a representative's District.

Legal basis for the Pork Barrel system

Araullo v. Aquino (July 1, 2024)

Congressional Power to extend Martial Law

The Congress has the prerogative to extend martial law and the suspension of the privilege of the writ of habeas corpus, as the constitution does not limit the period for which it can extend the same.

Legal Basis for the congressional power to extend Martial Law

Lagman v. Medialdea (February 19, 2019)

Article XI Section 1 Par 1 Constitution

The house of representatives shall have the exclusive power to initiate all cases of impeachment.

Article XI section 3 Par 6 Constitution

The Senate have the sole power to ry and decide all cases of impeachment

Impeachable Officers

The president, The vp, members of the supreme court, members of the constitutional commissions, and the ombudsman.

Article XI Section 2 Constitution

Officers may be impeached for these reasons

1. Culpable violation of the constitution

2. Treason

3. Bribery

4. Graft and Corruption

5. Other High crimes

6. Betrayal of Public trust.

Electoral Tribunal

the sole judge of all contests relating to the election, returns, and qualifications of the respective Members each House of congress.

The Electoral Tribunal of the House of representatives

HRET

The Electoral Tribunal of the senate

SET

Judiciary Branch

Given the enormous task of interpreting and applying the law in actual controversies.

Supreme court

Highest court of the land and its judicial pronouncements form pat of the laws of the land

Chief Justice

Head of the Supreme Court

Judicial Power

Duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable; and to determine whether or not there has been a grave abuse of discretion on the part of any branch or instrumentality of the government..

Sec 1 Par 2 Article VIII Consti

Judicial Review

Power of the courts to test the validity of executive and legislative acts in light of their conformity with the constitution. This does not mean they are superior over other branches but a reflection of the supremacy of the constitution.

Legal Basis for the Judicial Review

Angara v. Electoral Commissions (July 15, 1936)

Political question Doctrine

A question of policy. It refers to those questions which under the constitution are to be decided by the people in their sovereign capacity or in regard to which full discretionary authority has been delegated to the legislature or executive branch of the government.. Concerned with issues dependent upon the wisdom, not legality of a particular measure.

Legal Basis for Political question doctrine

Tanada v. Cuenco (February 28, 1965)

Operative Fact Doctrine

While a law is recognized as unconstitutional, its effects, prior to its declaration of nullity, may be left undisturbed as a matter of equity and fair play. In fact the invocation of the doctrine is an admission that the law is unconstitutional

Legal Basis for Operative Fact doctrine

League of cities of the Philippines v. Comelec (April 24, 2010)

State Immunity

a legal doctrine by which the state or sovereign cannot commit a legal wrong and is immune from civil or criminal prosecution.

The state is the source of authority which makes the courts. Thus, the court cannot compel the state to be bound by its decisions, as said courts were created by the state for the protection of its subjects.

Royal Prerogative of Dishonesty

there can be no legal right against the authority which makes the law on which the right depends.

Express Consent

Can be given only through an at of congress, in a general or special Law.

Implied Consent

When the State commences Litigation or enters into a business contract with an individual . The State in effect, descends to the level of said individual and thus, opens itself to counter Suits.

Article XVI Section 3 Constitution

The state may not be sued without its consent.

DOH v. Phil Pharmawealth (February 20, 2013)

Thus, there can be no legal rights against the authority which makes the law on which the right depends.

Immunity

Enjoyed by all states. Consistent with the principle Law of Public International Law. Par in Parem non Habet Imperium that states all states are sovereign equals, one cannot assert jurisdiction over another.

Legal Basis for Immunity

Minucher v. CA (February 11, 2013)

Impeachment

Fundamental constitutional power belonging to congress. It is a safeguard against corruption aims to remove persons holding governmental positions of high authority, prestige, and dignity, with definite tenure; for causes closely related to their misconduct as public officials.

Principles of separation of Powers

3 branches of government are co-equal and co-ordinate.

With the System in place, there is less opportunity for abuse of power and mechanism s are in place in order to enable each department to check on one another.

1. Legislative Branch through the congress, the power to make laws.

2. Executive Branch through the president, the power to enforce

3. Judicial Branch through the supreme court , the power to interpret the laws.

Belgica v. Ochoa (November 19, 2013)

The Purpose of the separated powers of government is avoid concentration in one branch which may lead to abuse of the other branches or the citizenry.

People's initiative

Power of the people to propose amendments to the constitution or to propose or enact legislation through an election called for the purpose.

Initiative on the Constitution

Petition to amend the constitution

Initiative on statutes

Enact national legislation

Initiative of the Local legislation

Enact a regional, provincial, city, municipal, or baranggay Law resolution or ordinance.

Referendum

the Power the electorate to approve reject legislation through an election called for the purpose.

Referendum on Statutes

Approve or reject an act, law or part thereof, passed by the congress.

Referendum on Local Laws or Local Referendum

Legal process where the registered voters of local government units may approve, amend, or reject any ordinance enacted by the sanggunian

Article VIII, the constitution , the supreme court shall have the following powers.

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

c. All cases in which the jurisdiction of any lower court is in issue.

d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.

e. All cases in which only an error or question of law is involved.

3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Paragraph 6 article VIII Section 5

Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.