state immunity, citizenship, art vi, vii and viii
TRANSCRIPT
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
1/53
STOCKHOLM DECLARATION It is a declaration of the United Nations Conference on
Environment made in Stockholm, Sweden in June 17, 1962 The state has in accordance with
the limitations of international law sovereign rights to exploit their own natural resources
pursuant to their own environmental policy and the responsibility to ensure that the activities
within their control or jurisdiction do not cause damage to the environment of other states or
of areas beyond the limit of their jurisdiction.
AMENDMENT OR REVISION OF THE CONSTITUTION
- Congress acting as a constitutional convention is not correct. That is not correct.
Because Constitutional Convention is a body separate and distinct from the
Congress.
-Art. XVII does not provide for Congress acting as a Constitutional Commission as a
mode of proposing amendment or revision of the Constitution. 1987 Constitution
was proposed and drafted by a Constitutional Commission whose members were
appointed by Pres. Aquino but it is not found in the present constitution.
-Congress acting as a Constituent Assembly this takes place when Congress meets
in order to directly propose amendments or revision by votes of all its members
Congress is not acting as a legislative body but rather as a constituent assembly. Thisis the proper term.
Question:Amendmentof the Constitution may be proposed by?
a. Congress acting as a Constitutional Conventionb. Congress acting as a Constitutional Commissionc. Congress acting as a Constituent AssemblyThis is still the correct answer.d. The people through initiative upon a petition of at least 10% of the total number
of registered voters of which every legislative district must be represented by atleast 3% of the registered voters therein. This is not correct because the
Constitution provides for 12% of the total number of registered voters.
SELF EXECUTING VS NON-SELF EXECUTING
Self executing provisions they are operative upon the effectivity of the Constitution.
They do not require any enabling act from the Congress for them to be operative.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
2/53
Ex. provisions of Bill of Rights
Non-self executing provisionsthese requires enabling act from Congress for them to
be operative.
Ex. Art II-Declaration of Principles and State Policies they serve as guide to theCongress in enacting a law and aid to the Court in interpreting the provisions of
the Constitution.
-But take note that the Sec. 16 of Art. II is a self-executing provision. The state
shall protect the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. According to the Supreme Court
this carries with it the duty not to impair the environment. This speaks of a right
but it is not found in the Bill of Rights. Does it mean that it is less important
compared to other rights enumerated in the Bill of rights? The SC said no. What
are found in the Bill of Rights are civil and political rights. Those are limitations to
the powers of the government. This right belongs to a different category. This
right assumes to exist from the inception of human kind.
Presumption: the presumption is all constitutional provisions are self-executing unless
it is expressly provided that a legislative enactment is necessary in order to carry out the
constitutional mandate. The reason given by the SC is if the presumption is not in favor
of self-executing the Congress would in effect have the power to ignore and nullify the
mandate of the fundamental law. (Manila Prince Hotel vs. GSIS)
NATIONAL TERRITORY (Art. I)
-Do not say West Philippine Sea, the correct term is West Philippine Sea
-Spratlys Group of Islands is officially known as the Municipality of Kalayaan under the
Province of Palawan by virtue of P.D 1596
a. Philippine Archipelago historically and legally this refers to the territory ceded bySpain to the United States by virtue of the Treaty of Paris.
-But remember in the Treaty of Paris there were islands that were omitted like the
island of Sulu and Sibutu that is why a year later in 1900 another treaty was entered
into between Spain and the United States to include those islands.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
3/53
-On Jan. 2, 1930 a treaty was entered into between the United States and Great
Britain wherein Great Britain ceded its territories to the United States the Manse
Islands and Turtle Islands.
b. and all other territories over which the Philippines has sovereignty or
jurisdiction
-Doctrine of Effective Occupation under this doctrine discovery alone is not
enough; it merely gives the discoverer an inchoate right over the territory, for title
to finally to finally vests with the discover, the discovery must be followed within
reasonable time with effective occupation of the territory.
-We adhere to the straight baseline method in defining our territory because of our
irregular coastline.
-2nd
sentence of Art. 1- The waters around, between and connecting the
archipelago, regardless of their breath and dimension shall form part of the internal
waters of the Philippines this shows our adherence to the archipelagic principle.
-The International Court of Justice may not assume jurisdiction over the Spratlys
issue. The jurisdiction of the ICJ to on contentious cases is always based on mutual
consent of all the parties to the dispute. This is consensual.
STATE IMMUNITY (Sec. 3 Art. XVI)
-Even it is not expressly provided in the Constitution still we would be bound by that
doctrine because this doctrine is a generally accepted principles of international law.
Under Sec. 2 Art. 2 of the Constitution it says there that the Philippines adopts the
generally accepted principles of international law as part of the law of the land. This is
an affirmation of our adherence to the Doctrine of Incorporation.
-This doctrine also applies to foreign governments because of another international
law principle the doctrine of sovereign equality among states. An equal may not
assume jurisdiction over another equal. Par in parem non habet imperium. Unless the
foreign government waives its immunity.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
4/53
-Ethical basis of this doctrine: There can be no legal right as against the authority that
makes the law upon which the right depends. This doctrine of state immunity is
sometimes referred to as the Royal Prerogative of Dishonesty.
TWO WAYS TO WAIVE STATE IMMUNITY FROM SUIT
1. EXPRESS WAIVERa. General Law Act. 3083 this applies to money claims arising from
contract with the government whether express or implied. However, Act.
3083 must always be correlated with C.A. 327 (General Auditing Law) as
amended by P.D. 1445 because under this law any money claims arising
from contract with the government in order to be allowed to sue the
government one is required first to file a claim with the Commission on
Audit. And it is only when the claim is refused payment by the COA that
they go to court to sue. They can elevate the matter to the Supreme
Court on certiorari and in effect sue the State with its consent.
b. Special Law1. Art. 2180 of the Civil Codethis provides that the State is liable for
damages when acting through a special agent
2. Art.2189 of the Civil Code this provides that cities, municipalitiesand provinces are liable for damages due to defective maintenance or
roads, streets and canals etc. under their supervision.
3. Sec. 24 of the Local Govt CodeLocal government units and theirofficials are not exempt from liability for death or injury to persons or
damage to property.
4. Charters creating Govt Corporations that it can sue and be suedDBP, Landbank, GSIS, SSS, PCSO
-Take note: A mere lawyer of the government may not validly waive the
immunity from suit of the state. (Republic vs. Purisima)
-Only Congress may validly waive the state immunity from suit through the
enactment of a general law or a special law waiving state immunity from suit.
This is among the plenary power of Congress.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
5/53
2. IMPLIED WAIVER
a.
When the state commenced litigation against a private partywhereby it opens itself to a possible counterclaim.
-But there is no waiver of immunity if the State filed a complaint
in intervention to join the defendant in invoking the Doctrine of
State immunity to secure the dismissal of the action. The Phil
Govt. was not asking any affirmative relief but had intervened
only for the purpose of resisting the claim.
b.
When the state enters into a contract with a private party on thetheory that when the state enters into a contract with a private
party it is deemed to have gone down into to the level of the private
party and therefore it is deemed to have waived its immunity from
suit.
However, in the case of USA vs. Ruiz the Supreme Court made a
qualification. It rules that not every contract entered into by the
government is deemed to be a waiver from immunity from suit. A
distinction must be made between governmental and sovereign acts(jure imperii) and proprietary acts (jure gestionis). The rule is that
state immunity only extends to acts jure imperii - Restrictive Doctrine
of State Immunity.
-When youre confronted in the bar with a problem in state
immunity, determine first the other party to a contract, if the other
party is a foreign government, do not use express waiver because our
Congress may not validly waive state immunity from suit of foreign
governments.
SUABILITY VERSUS LIABILITY
-Waiver of immunity by the State does not mean concession of its liability.
Suability is the result of the express or implies consent of the State to be sued.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
6/53
Liability, on the other hand, is determined after hearing on the basis of the
applicable laws and facts of the case. Therefore, when the State allows itself to
be sued, all it does is to give the claimant an opportunity to prove that he may
hold the state liable. The state may raise possible defenses to avoid liability.
-One defense that may be raised is that Art. 2180 of the Civil Code provides that
the State shall be held liable only when it acts through a special agent and not
when the damage has been caused by the official to whom the task properly
pertains.
- Municipal corporations, for example, are suable because their
charters grant them the competence to sue and be sued. Nevertheless, they
may not be held liable for they may raise the defense that the complained act is
in the discharge of governmental functions or that they were not acting in a
proprietary capacity. In permitting such entities to be sued, the State merely
gives the claimant the right to show that the defendant was not acting in its
governmental capacity when the injury was committed or that the case comes
under the exceptions recognized by law.
SUIT AGAINST GOVERNMENT AGENCIES
-To determine if the State has given its consent to be sued, the ascertainment
will depend on whether the government agency is an incorporated agencies or
unincorporated agencies.
-INCORPORATED AGENCY - An incorporated agency has a charter of its own that
invests it with a separate juridical personality. If the agency is incorporated the
test of suability is found in its charter. The rule is that it is suable if its charter
says so, and this is true regardless of the function it is performing.
-Municipal corporations, for example, are agencies of the State when they are
engaged in governmental functions and therefore should enjoy immunity from
suit. Nevertheless, they are subject to suit even in the performance of such
functions because their charter provides they they can sue and be sued.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
7/53
UNINCORPORATED AGENCY Since it has no separate juridical personality, any
suit filed against it is necessarily an action against the Philippine Government of
which it is a part. Thus, it is necessary to determine the nature of the functions in
which the agency is engaged, so as to hold it liable if proprietary and not suable
if they are governmental. The test in every case is the nature of primaryfunctions.
Take note:This non-suability of the State is available to the agency
even if it shown that it is engaged not only in governmental functions,
but also, as a sideline, or incidentally, in proprietary enterprises.
Case: The Bureau of Printing is an instrumentality of the government
designed to meet the printing needs of the government. However, the
additional work it executes to private parties is merely incidental to its
function, and although such work may be deemed proprietary in
character.
-The BOC has no personality of its own apart from that of the national
government. Its primary function is governmental, that of assessing and
collecting lawful revenues from imported articles. To this function,
arrastre service is a necessary incident. Therefore, although said arrastre
function may be deemed proprietary, it is a necessary incident of the
primary and governmental function of the BOC, so that engaging in the
same does not necessarily render said Bureau liable for suit.
SUIT AGAINST PUBLIC OFFICIALS
-If the suit is against the officer of the government, it is important to determine if
the State is the real party in interest, that is, that the claim if proved will be a
direct liability of the State and not merely of the officer impleaded. If this is
shown, the action can be dismissed as a suit against the State unless it waives its
immunity from suit.
-The test is whether assuming the decision is rendered against the public
officer impleaded, enforcement thereof will require an affirmative act from the
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
8/53
State, such as the appropriation of the needed amount to satisfy the
judgment. If it does, the suit is one against the State. If, on the other hand, the
officer impleaded, may by himself alone comply with the decision of the court
without necessity of involving the State then the suit will not be considered as a
claim against the State.
-General Rule: The doctrine of state immunity from suit applies to government
officials for acts done in the performance of their duties. It is deemed to be a suit
against the state and therefore it should be dismissed invoking state
immunity unless there is a waiver.
-Exception: - This rule does not apply where the public official is sued in his
official capacity for acts that are unlawful and injurious to the right of others.
Neither does this rule apply when the public official is clearly being sued
not in his official capacity but in his personal capacity although the acts
complained of may have been committed while he occupies a public position.
Case: A group or farmers marched their way to Malacanang to stage a rally. In
the course of the rally, it became unruly and because of that it was dispersed
violently by the police resulting to numerous deaths and injuries. A task force
was created to investigate the incident. The task force said that although the
police officials initially performed their functions in accordance with law.
However, when during the dispersal operation they aimed their guns directly
against the demonstrators thereby causing those deaths and injuries they
exceeded their authority. They alone should be held liable. This is not a suit
against the state. This rule does not apply when the public official is sued in his
official capacity for acts that are unlawful and injurious to others. Public officials
are not exempt in their personal capacity for liability for acts committed in bad
faith. Neither does this rule apply when the public official is clearly being sued
not in his official capacity but in his personal capacity although the acts
complained of may have been committed while they occupy a public position.
(Republic vs. Sandoval)
EXECUTION TO SATISFY THE JUDGEMENT AGAINST THE STATE
-The situation contemplated here there is waiver of immunity from suit and after
trial there is a judgment rendered against the government and the judgment
already attained finality.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
9/53
-The waiver of state immunity from suit extends only up to rendition of
judgment against the state. When it comes to execution of the judgment
against the State that will require another waiver. Hence, you cannot garnish the
money of the government or levy any of its properties to satisfy the judgment. It
is against public policy because you will paralyze the operations of thegovernment. Public funds should not be spent except in pursuance of a valid
appropriation law.
What is now the remedy available?
Make a necessary representation with the appropriate authority of the
Congress for it to appropriate the amount of the judgment against the
State.
-If despite your representation the Congress refuses to appropriate the
appropriate remedy is file a mandamus case. While it is true that the duty
to appropriate is discretionary and therefore may not be compelled by
mandamus, however, in this case there is already a judgment rendered
by the court in favor of the private claimant which judgement already
attained finality the government must be the first one to obey and follow
the decision of the court. Because of that, what otherwise was a
discretionary duty to appropriate is converted to a ministerial duty which
can now be compelled by mandamus. (Municipality of Makati vs. IAC)
Doctrine of State Immunity from Suit Cannot Serve as an Instrument for
Perpetrating Injustice
Case: 1. Amigable vs. Cuenca
2. Ministerio vs. CFI of Cebu
-In those cases plaintiff sued the government for recovery of the value of
her property which had been converted into public streets without
payment to her of just compensation. Although it was shown that
he had not previously filed a claim with the Auditor General, the SC
decided in her favor.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
10/53
-Do not just invoke this doctrine indiscriminately because the
circumstances in those cases were very peculiar that led to said ruling.
CITIZENSHIP
-A persons citizenship is always determined by the Constitution at the time of his birth
-Citizenship is a matter to be exclusively determined by a countrys own law. Philippine
law are only allowed to determine who Filipino citizens are and who are not. They may
not state that a person is, for example, a Chinese or an American, they may only decree
that said person is NOT a Filipino.
NO JUDICIAL DECLARATION OF CITIZENSHIP
-A judicial declaration that a person is a Filipino citizen cannot be made in a
petition for naturalization for the reason that in this jurisdiction there can be no
independent action for judicial declaration of the citizenship of an individual.
Courts of justice exists for the settlement of justiciable controversies, which
imply a given right, legally demandable and enforceable, an act or omission
violative of said right, and a remedy granted by law for said breach of right.
-Thus, a declaration of Philippine citizenship cannot be made in an action for
declaratory relief or in a summary action for a change or correction in the Civil
Registry.
1. Those who are citizens of the Philippines at the time of the adoption of thisConstitution. (February 2, 1987 the date of the plebiscite)
*Citizens of the Philippines at the time of the adoption of 1987 Constitution
were those who were citizens under the 1973 Constitution. (Same as Sec. 1 of1987 Constitution)
*Citizens of the Philippines at the time of the adoption of 1973 Constitution
were those who were citizens of the Philippines under 1935 Constitution
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
11/53
1. Those who are citizens of the Phil at the time of the adoption of the
1935 Constitution. (May 14, 1935)
2. Those born in the Phil Islands of Foreign parents who, before the
adoption of this Constitution, had been elected to public office in the Phil
Islands.
-the child is the Filipino citizen not the parents. However, his
children shall also acquire Philippine citizenship by virtue of
derivative citizenship.
3. Those whose fathers are Filipino citizens.
-whether legitimate or illegitimate (Fernando Poe case; Tecson vs.
Comelec)
4. Those, whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship.
5. Those who are naturalized in accordance with law.
2. Those whose fathers or mothers are citizens of the Philippines. (regardless ofwhere he may be born)
-The Filipina must still be a Filipino citizen at the time of the birth of the child. If the
mother had already lost Philippine citizenship the child may only acquire citizenship
only by naturalization.
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippinecitizenship upon reaching the age of majority (they are considered natural born
citizens)
-It is sufficient for the mother to have been a Filipino citizen at the time at least
of their marriage to an alien.
-The option to elect Philippine citizenship shall be expressed in a statement to be
signed and sworn by the party before any officer authorized to administer oath
and shall be filed with the nearest Civil Registry and accompanied by an oath of
allegiance to the Constitution and Government of the Phil.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
12/53
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
13/53
QUALIFICATONS FOR NATURALIZATION (Substantive requirements)
1. The petitioner must not be less than 21 years of age on the date of thehearing of the petition.
-the requirement is at the date of the hearing of the petition; not the
date of the declaration of intention, nor even the date of the filing of the
petition.
2. He must have resided in the Philippines for a continuous period of not lessthan 10 years.
-not mere legal residence but actual and substantial residence
-still PHYSICAL presence is not necessarily required for the entire period
of residence required. Temporary absence of short duration is allowed.
-Residence requirement is REDUCED TO FIVE YEARS in the following cases
a. If the applicant has honorably held office under the Govt ofthe Phil or under any of the political subdivisions thereof.
b. If he has established a new industry or established a newinvention in the Phil.
c. If he is married to a Filipino woman.d. If he had been engaged as a teacher in a public or recognized
private school not established for the exclusive instruction of
children of persons of a particular nationality or race for a
period of two years.
e. If he was born in the Philippines.3. He must be of good moral character and believe in the principles
underlying the Phil Constitution and must have conducted himself in a
proper and irreproachable manner during the entire period of his residence
in the Phil in his relation with the constituted govt as well as with the
community he is living.
-regarding good morals there is no necessity for a criminal conviction for
a crime involving moral turpitude. Conviction is required in
disqualification but lack of conviction does not mean that the petitioner
is of good moral character.
-This requirement must be alleged in the petition otherwise the petition
contains a serious infirmity. The infirmity is jurisdictional.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
14/53
4. He must own real estate in the Phil worth not less than 5,000 or must havesome lucrative trade, profession, or lawful occupation.
-the requirement is in the alternative.
-purpose is to forestall ones becoming an object of charity.
-the financial capability is determined at the time of the filing of the petition
5. He must be able to speak AND write English OR Spanish AND any one of theprincipal Philippine languages.
-If the applicant can understand but cannot speak and write he is not
qualified.
6. He must have enrolled his minor children of school age in any publicschools or private schools recognized by the DEPEd where Philippine
History, government, and civics are taught or prescribed as part of the
school curriculum during the entire period of the residence required of him,
prior to the hearing of his petition for naturalization.
NOTE An alien wife cannot independently of her husband apply for
naturalization for assuming she would become a Filipino, she would still be
under her husbands law, an alien, and there would be the dual citizenship
which is not allowed under our laws.
DISQUALIFICATIONS
1. Persons opposed to organize governments or affiliated with any associationor group of persons who uphold and teach doctrines opposing all organized
governments
2. Persons teaching or defending the propriety of violence, personal assault, orassassination for the success or predominance of their ideas.
3. Polygamists or believers of polygamy-mere belief in polygamy without practicing is enough to disqualify.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
15/53
4. Persons convicted of a crime involving moral turpitude.5. Persons suffering from mental alienation or incurable contagious disease.
-disease must be both incurable and contagious
6. Persons who, during g the period of their residence in the Philippines havenot mingled socially with the Filipinos or who have not evinced a since desire
to learn and embrace the customs, traditions, and ideals of the Filipinos.
7. Citizens or subjects of nations with whom the United States and thePhilippines are at war.
8. Citizens or subjects of a foreign country other than the United States, whoselaws do not grant Filipinos the right to become naturalized citizens.
STEPS IN NATURALIZATION PROCEEDINGS (Procedural requirements)
1. Declaration of Intention-must be filed one year prior to the filing of the petition for
naturalization with the office of the Solicitor General a declaration under
oath that it is his bona fide intention to become citizen of the Philippines.
-petitioner must state in his petition the fact of his having filed or his
being exempt from making a declaration of intention, failure to do so is a
fatal defect in his petition.
Exempt from Making a Declaration of Intention
1. Persons born in the Phil and who have received their primary and
secondary in public schools or private schools recognized by the Govt and
not limited to any race or nationality.
2. Those who have resided continuously in the Philippines for a period of
30 years or more filing their application.
3. The widow or minor children of an alien who has declared his intention
to become citizen of the Phil and dies before he is actually naturalized.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
16/53
2. Filing of Petition-after the lapse of one year from the filing of the declaration of intention
the petition for naturalization may be presented in court.
-the RTC of the province on which the petitioner has resided for at least 1
year immediately preceding the filing of the petition shall have exclusive
original jurisdiction.
-the petition must state specifically or one by one the fact that the
applicant has all the qualifications. A blanket allegation is not sufficient.
Supporting Affidavitthe affidavit of two credible persons must support
the petition for naturalization. Said person must state:
1. That they are citizens of the Phil.2. That they personally know the petitioner to be resident of the
Philippines for the period of time required by the
naturalization law.
3. The petitioner is a person of good repute and morallyirreproachable
4.
That he has, in their opinion, all the qualifications and none ofthe disqualifications.
3. Hearing and Initial Judgment-The petition must be published once a week for three consecutive weeks
in the Official Gazette and in one of the newspapers of general circulation
in the province where the petitioner resides.
-failure to publish his petition is fatal because this requirement isjurisdictional.
-No petition for Philippine citizenship shall be heard by the courts until
after 6 months from the publication of the application.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
17/53
-If after hearing, it is proved that the applicant has all the qualifications
and none of the disqualifications the court will now grant the petition.
-In case of appeal by the Solicitor General it must be filed within 30 days
from receipt of decision.
4. Period of Probation-Even if the court approves the petition the decision will not be executory
until after two years from its promulgation and after the court on proper
hearing with the attendance of the Solicitor General or his
representatives is satisfied and finds that during the intervening time the
applicant:
1. Has not left the Philippines physical presence is required not mere
legal residence
2. Has dedicated himself continuously to a lawful calling or profession
3. Has not been convicted of any offense or violation of government
promulgated rules.
4. Or committed any act prejudicial to the nation or contrary to any
government announced policies.
-period of two years starts to run from the judgment of the trial court is
promulgated id the govt does not appeal; if the govt appeals from the
time the appellate court promulgate its judgment.
5. Rehearing and Final Judgment-After due hearing after two years by the same court that granted the
naturalization, the order of the court granting citizenship shall be
registered if the court is convinced that the conditions imposed duringthe period of probation shall have been fulfilled.
-The filing of the petition to take the oath must be filed within reasonable
time after the expiration of the two year period.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
18/53
CANCELLATION OF NATURALIZATION/DENATURALIZATION
-Upon motion by the Solicitor General or his representatives or by the proper
Provincial Fiscal the Judge may cancel the naturalization certificate
1.
It is shown that the naturalization certificate was obtained fraudulently orillegally.
2. If the person naturalized shall within the five years next following theissuance of the naturalization certificate return to his native country or to
some foreign country and establish his permanent residence therein.
3. If the petition was made on an invalid declaration of intention.4. It is shown that the minor children of the person naturalized failed to
graduate from public or private schools recognized by the govt where Phil
history, goverment, civics are taught as part of the school curriculum through
the fault of their parents either by neglecting them or transferring them to
another school.
5. If it is shown that the naturalized citizen has allowed himself to be used as adummy in violation of the Constitution or legal provision requiring Philippine
citizenship for the exercise, use, or enjoyment of a right, franchise, or
privilege.
-A decision in a naturalization case can never be res judicata as to any of the
reasons or matters which would support a judgment cancelling the certificate of
naturalization for illegal procurement because a naturalization case is not a
judicial adversary proceeding.
-It is settled that a certificate of naturalization may be cancelled upon grounds
or conditions subsequent to the granting of the certificate of naturalization.
EFFECT OF NATURALIZATION ON MINOR CHILDREN
A. Minor child born before naturalization1. born in the Philippines Filipino2. born outside the Philippines
a. if dwelling in the Phil at the time of
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
19/53
the parents naturalization Filipino
b. if dwelling outside the Phil at the time ofthe parents naturalization is a Filipino only during his minority
unless he resides permanently in the Philippines when still a minor ,in which case he will continue to be a Philippine citizen even after
becoming of age.
B. Minor child born after naturalization1. born in the Philippines Filipino2. born outside the Philippines a Filipino, unless within one year after
reaching the age of majority he fails to register himself as a citizen of the
Philippines at the Philippine consulate of the country where he resides
and to take the necessary oath of allegiance.
EFFECT OF NATURALIZATION ON THE WIFE
-She becomes a Filipino citizen provided she shows in an administrative
procedure for the cancellation of her alien certificate of registration, that she has
none of the disqualifications found in C.A. No. 473.
ADMINISTRATIVE NATURALIZATION LAW (R.A. 9139 enacted in 2000)
1. The applicant must be born in the Philippines and residing therein sincebirth.
2. The applicant must not be less than 18 years of age, at the time of the filingof his/her petition.
3. He must be of good moral character and believe in the principles underlyingthe Phil Constitution and must have conducted himself in a proper andirreproachable manner during the entire period of his residence in the Phil in
his relation with the constituted govt as well as with the community he is
living.
4. The applicant must have received his/her primary and secondary educationin any public or private educational institution duly recognized by the Dept of
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
20/53
Education, where Philippine history, government and civics are taught and
prescribed as part of the school curriculum and where enrollment is not
limited to any race or nationality. Provided, that should he/she have minor
children of school age, he/she must have enrolled them in similar schools.
5. The applicant must have a known trade, business, profession or lawfuloccupation, from which he/she derives income sufficient for his/her support
and if he/she is married and/or has dependents, also that of his/her family.
Provided, however, That this shall not apply to applicants who are college
degree holders but who are unable to practice their profession because they
are disqualified to do so by reason of their citizenship.
6. The applicant must be able to read, write and speak Filipino or any of thedialects of the Philippines
7.
The applicant must have mingled with the Filipinos and evinced desire tolearn and embrace the customs, traditions and ideals of the Filipino people.
-How: The application under this law is handled through the Committee on
Naturalization chaired by the Solicitor General.
-Effect of naturalization of the husband: Applicants lawful wife and minor
children may file a petition for cancellation of their alien certificates of
registration with the Committee.
-Effect of Naturalization of the wife: Her administrative naturalization will
not benefit her alien husband but her minor children may file a petition for
cancellation of their alien certificate of registration.
HOW PHILIPPINE CITIZENSHIP MAY BE LOST
1. By naturalization in foreign countries.2. By express renunciation of citizenship.
- The question of whether a person has renounced his Philippine
citizenship should be heard before a trial court of law in adversary
proceedings.
-In order that Philippine citizenship may be lost by renunciation such
renunciation must be expressed. Mere holding of a foreign passport and
alien certificate of registration are not enough to constitute express
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
21/53
renunciation of Philippine citizenship. (Aznar vs. Comelec; Mercado vs.
Manzano; Valles vs. Comelec.
3. By subscribing to an oath of allegiance to support the Constitution or laws ofa foreign country upon attaining 21 years of age or more.
4. By rendering service to, or accepting commission in the armed forces of aforeign country. Provided, that the rendering of service to, or acceptance of
such commission in the armed forces of a foreign country, and the taking of
an oath of allegiance, with the consent of the republic of the Philippines,
shall not divest a Filipino of his citizenship if either of the following
circumstances is present:
a. That the Philippines has a defensive and/or offensive alliance with saidforeign country.
b. The said foreign country maintains armed force in Phil territory with theconsent of the Republic of the Philippines, That the Filipino citizen
concerned, at the time of rendering said service, or acceptance of said
commission, and the taking of oath of allegiance incident thereto, states
that he does so only in connection with his service to said foreign
country. Upon discharge from the service of said foreign country, he shall
be automatically entitled to the full enjoyment of his civil and political
rights as a Filipino citizen.
5. Cancellation of certificate of naturalization.
HOW PHILIPPINE CITIZENSHIP MAY BE REACQUIRED
1. Naturalization2. Repatriation
REPATRIATION-It is the recovery of the original citizenship. If what was lost was naturalized
citizenship that is what will be recovered. If what was lost was natural born
citizenship that will be reacquired. (Bengzon vs. Cruz)
-This ruling does not amend the provision of Sec. 2 Art IV on defining who is a
natural born citizen as citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. . Because,
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
22/53
although in repatriation an act is performed but it is not for the purpose of
acquiring or perfecting Philippine citizenship but the purpose is to REACQUIRE
Philippine citizenship.
-WAYS OF ACCOMPLISHING REPATRIATION
1. For women who lost their citizenship through marriage to aliens, and fornatural born citizens, including their minor children, who lost citizenship on
account of economic or political necessity, and who are not disqualified,
repatriation is accomplished by taking the oath of allegiance to the Republic AND
registering in the proper Civil Registry and Bureau of Immigration. Processing of
application is done by the Special Committee on Naturalization.
2. For those who lost their citizenship by serving in the United States Armed
Forces, repatriation is accomplished by taking an oath of allegiance to the
Republic and registering the same in the local Civil Registry where he resides or
where he last resided. (R.A. 2630)
-The effective date of repatriation in case of former natural born citizens shall be
the date of application for repatriation not the date when repatriation is
approved.
-Repatriation of a mother shall entitle her minor children to a declaration that
they are entitled to Philippine citizenship.
EFFECT OF MARRIAGE OF FILIPINO CITIZENS TO FOREIGNERS (Sec. 4)
-You will not lose your Philippine Citizenship; in fact you will retain it, unless by their act
or omission they are deemed under the law to have renounced it.
-The 1973 Constitution made this applicable only to Filipino women, but the 1987
Constitution made this applicable not just to female citizens but also to male citizens
who marry aliens.
-There was no similar provision in 1935 Constitution. So what was followed wasinternational law which provides that the wife follows the citizenship of the husband. So
a Filipino woman who marries a foreigner during the 1935 Constitution loses his
Philippine citizenship and follows the citizenship of his alien husband.
Citizenship of a Foreign Woman who marries a Filipino
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
23/53
-An alien woman marrying a Filipino, natural born or naturalized, becomes ipso
facto a Filipino provided she is not disqualified to be a citizen of the Philippines
under Sec. 4 of Com. Act. No. 473.
-Moreover an alien woman married to an alien who is subsequently naturalized
here follows the Philippine citizenship of her husband the moment he takes his
oath as a Filipino citizen, provided she does not suffer from any of the
disqualifications under said Sec. 4.
-It is not necessary for an alien citizen to prove in a judicial proceeding that she
possesses all the qualifications set forth in Sec. 2 and none of the
disqualifications under Sec. 4
DUAL CITIZENSHIP
-Dual allegiance is different from dual citizenship. Dual citizenship arises
when as a result of concurrent application of the laws of two or more states a
person is considered a national by the said states. On the other hand dual
allegiance when a person by some positive act simultaneously owes loyalty to
two or more states. Dual citizenship is involuntary while dual allegiance is a
result of the individuals own volition.
-What is really prohibited by the Constitution is dual allegiance.
-For those with dual citizenships who run in election, it is enough that that they
elect Philippine citizenship upon the filing of their certificate of candidacy, to
terminate their status as persons with dual citizenship. The filings of certificate
of candidacy sufficed to renounce foreign citizenship, effectively removing any
disqualification as a dual citizen. This is so because in the certificate of candidacy,
one declares that he/she is a Filipino citizen and that she/he support and defend
the Constitution of the Philippines and will maintain allegiance thereto.
- (R.A 9225) -This law allows NATURAL BORN Filipino citizens who have acquired
foreign citizenship by naturalization to have deemed reacquired their
Philippine citizenship by taking an oath of allegiance to the republic.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
24/53
ACADEMIC FREEDOM (Sec. 5 Art XIV)
Academic freedom shall be enjoyed in all institutions of higher learning.
-Academic freedom is defined as the right of the school or college to decide for itself its
aims and objectives and how to attain them free from outside coercion or interferenceexception possibly when the overriding public interest.
-Four Essential Freedoms Sanctioned:
1. Who may teach? - Faculties
2. What may be taught? Courses to offer or subjects
3. How it shall be taught. Methods of teaching
4. Who may be admitted to study?
- The right of the school to discipline its students falls within the freedom to how it shall
be taught because the school cannot certainly function in an atmosphere of anarchy.
-Mandamus will not lie in those four freedoms. When youre entering you cannot
compel the school by mandamus to admit the student. However, once the school
admits the students there is now a contract between the school and the students and
that is not an ordinary contract. That is a contract imbued with paramount public
interest. So that in such cases the school may not arbitrarily, whimsically, capriciously
expel the student. It must be on just cause and there must be due process like a failinggrade or violation of school regulations. However, the school there must conduct an
investigation because of the requirement of due process.
-Duration of the contract between the student and the school the contract between
the school and the student is for the entire duration of the course. It is not on a
semester to semester basis.
-Demonstration in school - which results to disruption of classes, is not a just cause for
expelling the student from school because the freedom of expression of students does
not end at the gate of the school. If the demonstrations result to damage of schoolproperties it may be a just cause as long as the school conducts an investigation and it
establishes the culpability of the student because of the requirement of due process.
Case: UP Board of Regents vs. CA A foreign student took up his doctorate degree in
anthropology. During the defense of his dissertation, there were questions on the
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
25/53
authenticity of his dissertation. However, he was still allowed to graduate. Binawi ang
kanyang degree ng UP.
Supreme Court sustained the action of the university. SC said that if the
institution can decide who may study it certainly can determine on whom it can
confer the honor or distinction of being its graduate. When it is shown that the
conferment of honor or distinction was obtained through fraud a university has
the right to withdraw the honor or distinction it has thus conferred. This
academic freedom of the university does not end upon the graduation of the
student.
SEPARATION OF POWERS
-Observed in our country because it is a characteristic of republicanism and for the
reason that the major powers of government are actually distributed by the
Constitution among the several departments and the Constitutional Commissions.
Purposeto prevent a concentration of powers in one person or group of persons that
might lead to irreversible error or abuse of exercise to the detriment of our republican
institutions.
-But the keynote of conduct of the various agencies of the govt under this doctrine is
INTERDEPENDENCE not indepence.
Checks and Balances By means of which one department is allowed to resist
encroachments upon its prerogatives or to rectify mistakes or excesses committed by
other departments.
Illustration:
1. Lawmaking power of Congress is checked by the veto power of the President2. Congress may refuse to give concurrence to an amnesty proclaimed by the
President.
3. Senate may refuse to concur with a treaty concluded by the President4. President may nullify a conviction by pardoning the offender.5. The judiciary has the power to declare invalid the act done by the Congress,
the President and his subordinates
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
26/53
Blending of Powerspowers are not confined exclusively to one department but are in
fact assigned or shared by several departments
Illustration:
1. Enactment of general appropriations law which begins with the preparationof the President of the Budget, which becomes the basis of the bill of the
Congress and subsequently submitted by it to the President for approval.
2. Grant of amnesty which requires the approval of majority of all the membersof Congress.
The Role of the Judiciary
-It is the judiciary which sees to it that the constitutional distribution of powers
among the several departments of the govt is respected and observed.
-However, this does not mean that it is superior to the other departments, when
the Supreme Court mediates to allocate the constitutional boundaries or
invalidates the acts of a coordinate body, what is upholding is not its own
supremacy but the supremacy of the Constitution.
Criteria on How to Determine has been Validly Exercised by a Particular Department
-the test is not necessarily or always the nature of the power
1. Whether or not the power in question, regardless of its nature has been
constitutionally conferred upon the department claiming its exercise.
Illustration:
1. Power of impeachment and the power to try and decideimpeachment cases essentially judicial but are expressly lodged in
the Congress because the Constitution so provides.
2. The Supreme Court can exercise the executive power of removal overjudges of inferior courts although they have been appointed by the
President because it is provided in the Constitution.
3. Exercise of emergency and tariff powers of the President althoughboth legislative in nature, the Constitution permits it.
2. Doctrine of Implication -In the absence of express constitutional conferment,
the exercise of a given power may be justified under this doctrine that
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
27/53
the grant of express power carries with it all other powers that may be
reasonably inferred from it.
Illustration:
1. Power to punish contempt of the Congress althoughessentially judicial it is necessary for the effective exercise of
its power to conduct investigations in aid of legislations
3. Inherent or Incidental Poweralthough not expressly granted or by
implication can be justified under this doctrine
Political and Justiceable Questions
-The power of the judiciary to review official action is not terminated after it
ascertained if the action is granted by the Constitution but it could further
determine if the act in question had been performed in accordance with the
rules laid down by the Constitution.
Politicalrelates to the question affecting the wisdom, efficacy or practicability
of a law or in ordinary parlance a question of policy NOT legality.
-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 legislative or executive branch of the
government.
Illustration:
1. The interpretation of the phrase other high crimes as a ground forimpeachment
2. The suspension or expulsion of a member of Congress for disorderlybehavior. The determination of what constitutes disorderly behavior
is a political question but it may be nullified by the court if not
supported by the required number of vote.
Justiceablewhere the vortex of the controversy refers to the legality or validity
of the act
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
28/53
-New definition of judicial power, which now includes the duty to
determine whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.
-This suggests that this power is available even against the executive and
legislative in the exercise of their discretionary power.
DELEGATION OF POWERS
-It is based upon the principle that such delegated power constitutes not only a right but
a duty to be performed by the delegate. A further delegation of power, unless
permitted by the sovereign power, would constitute a negation of this duty in violation
of the trust reposed in the delegate.
-Applicable to three branches of the govt but essentially important in the case of
legislative power.
Permissible Delegation (P-E-T-A-L)
1. Delegation to the P-people-The rule is that, except in those cases where, by the Constitution, the people have
expressly reserved to themselves the power of decision, the function of legislation
cannot be exercised by them, even to the extent of accepting or rejecting a law.
-This is because the people have voluntarily surrendered that power when they
adopted the Constitution. In passing general laws the people act only through their
representatives. Referring the law to the people for their acceptance is plain
surrender of the law-making power.
Referendum a method of submitting an important legislative measure to a direct
vote of the people
Plebiscite a device to obtain the a direct popular vote on a matter that are
intended to work more permanent changes in the political structure, like proposal to
amend constitution.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
29/53
2. Emergency Powers (majority vote of Congress)-Conferment of the power is not mandatory in Congress. Congress may choose to
hold on to its legislative power and refuse to delegate it.
Requisites:1. There must be war or national emergency.
-Emergency does not automatically confer emergency powers on the President.
President cannot exercise emergency power motu propio. There must be law.
-Emergency power is self-liquidating they will automatically cease upon the end
of the emergency.
2. The delegation must be for a limited period only.-No law is necessary to terminate the delegation. It can be terminated by mere
resolution of Congress. Such resolution does not need the approval of the
President.
-The limited period must be fixed in the law itself.
3. Subject to such restrictions and limitations may prescribe.4. Must be exercised to carry out a national policy declared by Congress.
3. Tariff Powers-The law here is found in the Tariff and Customs Code.
-Reason is the necessity of giving the chief executive the authority to act
immediately on certain matters affecting national economy lest delay result in
hardship to the people.
4. Administrative Bodies /Quasi-Legislative Power/Doctrine of SubordinateLegislation
Supplementary Regulations/Pieces of Subordinate Legislation such as the
implementing rules and regulations implementing the policy laid down in the statute
Contingent regulations are those that are dependent to some fact or state of
things upon which the enforcement of the law depends
5. Local Government Bodies
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
30/53
-Based on the recognition that local legislatures are more knowledgeable than
the national lawmaking body on matters of purely local concern.
-Not a grant of genera legislative power, but rather as the grant of authority to
prescribe local regulations
-Power of eminent domain and police power have been expressly delegated by
the legislature to the local lawmaking bodies. Power of taxation is derived
directly from the Constitution.
TEST OF DELAGATION
-There must be legislative restrictions otherwise the delegation is in effect an
abdication of legislative authority.
1. The Completeness Test means that the law must be complete in all its
essential terms and conditions when it leaves the legislature so that there
is nothing left for the delegate to do when it reaches him except enforce
it.
2. Sufficient Standard Test Even if the law does not spell out in detail the limits
of the delegates authority, it may still be sustained if the delegation is
subject to a sufficient standard. A sufficient standard is intended to map
out the boundaries of the delegates authority by defining the legislativepolicy and indicating the circumstances under which it is to be pursued
and effected.
-The sufficient standard is usually indicated in the law delegating
legislative power itself.
-Accepted standards are public interest, justice and equity, national
security, the sense and experience of men, economy and efficiency.
LEGISLATIVE DEPARTMENT
- Bicameral Conference Committee - Since we have a bicameral congress we have the
it is a mechanism for compromising the differences between the Senate and the House
of Representatives
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
31/53
-By the nature of its functions the Bicameral Conference Committee is capable of
producing unexpected results that may sometimes go beyond its own mandate.
Congressional Oversight Powers and Functions undertaken by Congress to enhanceits understanding over the implementation of legislation it enacted, to determine if it
is properly administered, to eliminate executive dishonesty, to prevent usurpation of
legislative power.
-This power is intrinsic to the grant of legislative power to the Congress and integral
Three Categories of Oversight Power and Functions S-I-S
1. Legislative Scrutinya. During budget hearing following the doctrine of separation of power of
appropriation belongs to the Congress but actually under Sec. 22 of Art.
VII or the budgetary power of the President the one who really prepares
the budget is the President through the Department of Budget and
Management. The moment the proposed budget is submitted to the
Congress, Congress will now conduct budget hearings. This time the
oversight function comes in. During this budget heating if you happen to
be a head of the department or agency of the government your
appearance may be required by Congress to defend your proposal.
b. Question hour under Sec. 22 of Art VI This section provides that headsof departments may upon their own initiative, with the consent of the
President, or upon the request of either house, appear before and heard
by such House on any matter pertaining to their department. This is not
a regular feature of a presidential form of government, this is merely a
borrowed concept from the parliamentary form of government
c. during confirmation process in the Commission on Appointments. -
serves as a check on the appointing power of the President. If the
appointment of the President is disapproved by Congress you can no longer
be appointed because the disapproval by the Congress is a judgment on the
qualifications of the official, but if the Congress merely bypassed the
appointment it is not a judgment on the qualifications of the official, thus the
President can still reappoint the official.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
32/53
2. Legislative Investigation (Sec. 21 Art. VI) this refers to the power of theSenate or House of Representatives, or any of its Committees to conduct
inquiries in aid of legislation.
-This power to conduct inquiries in aid of legislation is intrinsic to the grant of
legislative power. (Arnault vs. Nazareno). In other words even if thisprovision is not found in the Constitution you cannot deny Congress of this
power.
3. Legislative Supervision the most encompassing form by which theCongress exercises its oversight function. Supervision connotes the
continuing awareness of the Congress or its committees regarding certain
operations in _. Congressional supervision allows Congress to scrutinize the
exercise of delegated law making authority as a means for Congress to retain
part of the delegated authority. Congress exercises legislative supervision of
the executive agency through its veto power. This veto power is approval
by Congress of regulations promulgated by administrative agencies.
This finds application in the exercise of delegated legislative power to the
administrative bodies. The Congress can review the administrative
regulations issued by these administrative bodies.
-Recent Development: In the case of AbakadaGuro vs. Purisima on August
14, 2008 the Supreme Court declared that legislative veto is unconstitutional.
Congressional oversight must be limited to scrutiny and investigation. Any
action beyond that will undermine the separation of powers guaranteed by
the Constitution. Legislative vetoes fall into this class.
COMPOSITION OF THE LEGISLATIVE DEPARTMENT
-the provision on Sec. 5 Art VI which provides that the number of members of House of
Representatives should not exceed 250 is no longer controlling because of the power of
the Congress to apportion legislative districts.
Case: The act of the Regional Assembly of ARMM in creating the province of Shariff
Kabunsuan was declared invalid. Only Congress may validly create provinces and cities.
The most that the Regional Assembly can do is to create municipalities and barangays.
If the act of the Regional Assembly will be allowed in effect it creates a new position for
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
33/53
Congressman. This will result to an absurd situation that an inferior body will change the
composition of a superior body the House of Representatives.
-Refer also to Sec. 10 Art 10 on the requirement for the creation of a new province,
cities, and municipalities. The provision only provides for two requirements that 1.) Itmust be in accordance with the criteria established in the Local Government Code and
2.) It requires the approval by a majority of the votes cast in a plebiscite in the political
units directly affected. Another requirement was added by jurisprudence in the case of
Sima vs. COMELEC 3.) The creation must be contrary to the Constitution.
Number of District Representatives vis--vis Number of Party List Representatives-If in
the bar like for example you are given the number of district representatives and asked
to determine how many should be the number of party list representatives, simply
divide the number of district representatives to 4. If there is a fraction, disregard the
fraction. Fractional representation is not allowed. If you round it off it will violate the
constitutional provision that the number of party list representatives shall only
constitute 20% of the total number of representatives including those under the party
list.
PARTY LIST REPRESENTATIVES (R.A. 7941)
Question: What is the nature of the party list system? Is it open to all without
qualification?
The party list is a social justice tool designed not only give effect to the
social justice principle that those who have less in life should have more
in law but to empower them to participate directly in the enactment of
laws designed to benefit them. It intends to make the marginalized
sectors not to become mere passive recipients but as active participants
to the mainstream of representatives democracy. Thus, allowing all
interested groups, including those which now dominate district elections,
allowing them to participate in party-list elections that will run counter to
the lofty objectives of the party-list system. Thus, this is not open to all
without qualification. The intent of the law was not to allow all
associations to participate indiscriminately in the system but to limit the
system to parties or organizations representing the marginalized or
underprivileged. (Ang Bagong Bayani vs. COMELEC)
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
34/53
Guidelines for Screening Party- List Participants
1. Political parties, sectors, organizations or coalitions must representthe marginalized and underprivileged sectors as defined in Sec. 5 of
R.A 7941.
2.
Religious sectors and sects may not be registered as political parties.(Sec. 2 Par 5 Art IX-C)
But take note; there is no prohibition on religious leaders becoming
representatives.
3. The party or organization must not be an adjunct of or a partyorganized or an entity funded or assisted by the government.
4. The party must not only comply with the requirements of the law, itsnominees must likewise comply with the requirements of the law.
Four Parameters in Determining the Winners of Party List Election
1. The 20% percent allocation.The party-list representatives shall constitute 20% of the total numbers of
the members of the House including those under the party list system. Base
on this allocation the ration is 4:1.
2. The 2% threshold.For the parties, organizations, and coalitions top be entitled to at least one
seat it should received at least 2% of the total votes cast for the partly-list
system. The seat is called the qualifying seat.
3. Three Seat- LimitThere is a three-seat limit regardless of the actual number of votes. Meaning
to say one qualifying seat and two additional seats. The purpose of the three-
seat limit is to avoid the situation where a dominant party which is so strong
might get all the seats.
4. Proportional representationa qualified party shall be entitled only to suchadditional seats in proportion to their total number of votes
Case: In 1990 elections, there were 108 political parties that competed in the
elections. Of these, 108 political parties, only 13 qualified or obtained the 2%
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
35/53
threshold. Since there were 208 district representatives at that time so 52 party-
list representative position is available. 52-13 equals 39. And since the leading
party list obtained 5% of the total votes, an additional one seat was given to it.
There is now a remaining 38 vacant seats. The COMELEC allocated those 38 seats
to the parties that failed to qualified or those that did not obtained the 2%threshold. According to the COMELEC, it did so for democratic purpose so that
there will be more groups represented in the Congress.
The SC nullified the act of the COMELEC as grave abuse of discretion. The
law is clear that before it can be given a seat in the Congress, the party
list must obtained 2% of the total number of votes cast for the party-list.
Further, the SC said that the question of whether or not the particular
measure is more democratic or not is a matter to be determined by
the Congress because under Sec. 1 of Art. VI legislative power is vested in
the Congress not in the COMELEC.
The 38 remaining seats cannot likewise be given to the 13 parties that
obtained the 2% threshold because it will violate the rule on proportional
representation.
The Court likewise clarified that the 20% allocation is merely a ceiling. It is
not mandatory that all of those 20% allocated seats should be filled up all
the time. (Veterans Party vs. COMELEC)
Case: In this case the Supreme Court did not declare as unconstitutional the 2%
threshold, rather, what was declared unconstitutionalwas the
continuous application of 2% threshold in the allocation of additional
seats. In allocating the seats, there are two seats of computation. First
round of computation you lay down the entire party list and their
respective votes from highest to lowest. And base on that you determine
which parties qualified or those that obtained the 2% threshold. Those
that qualified will be allocated one seat or the so called qualifying seat.
In allocating the additional seat, in Veterans Party case the Supreme
Court applied the Panganiban formulawhere the additional seats will
also be based on the votes obtained by the parties. The 2% threshold was
still used in this formula. The Panganiban formula was abandoned in
this Banat Case. In this case, to determine the additional seats you lay
down again the parties and their votes and you compute based on the
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
36/53
percentage of their votes until the allocated seats are filled up. (Banat vs.
COMELEC)
Case: The issue here is what to do with the votes cast for disqualified party-listbecause they did not comply with the guidelines for screening party list
participants should they be considered stray votes or considered as valid
votes? Because if you consider them as stray votes you will deduct them from
the total votes cast for the party list system. For example 10 million voted for the
party list system. One party obtained 1 million votes but later on it was declared
disqualified by the Supreme Court. If you will declare the 1 million vote stray
votes you will deduct those votes from the 10 million. Thus, the basis now for
the 2% threshold is 9 million and not 10 million.On the other hand, if you
consider them as valid votes, 10 million would still be the basis for the 2%threshold.
The Supreme Court in resolving the issue referred on the Labo Doctrine in
election laws which provide that the votes cast for the disqualified
candidate should not considered as stray votes. Those are valid votes. The
second placer or the one who obtained the second highest number of
votes cannot take the place of the disqualified winning candidate because
according to the Supreme Court the second placer is just like that. He was
not chosen by the majority. This is the so-calledDoctrine of Rejection of
the Second Placer. The vice-mayor should assume the position of the
mayor following the rule on succession.
The Supreme Court held that the Labo Doctrine should not be applied in
list. Because it is provided in Sec. 10 of R.A 7941 that the votes cast for a
party, organization or coalition not entitled to be voted shall not be
counted. R.A 7941 is the controlling law in any matter pertaining thereto
Another reason for not applying the Labo Doctrine in party list is
that in Labo it involves a single elective post that of mayor unlike in party
list which involves the acquisition of a number congressional seatsdepending on total election results so that even those on second, third,
fourth and so forth places may be proclaimed winners depending on their
compliance with other requirements. (Second Ang Bayani Case)
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
37/53
INQUIRIES IN AID OF LEGISLATION
Requirements:
1. The inquiry must be in aid of legislation2. It must be conducted in accordance with duly published rules of procedures of the
Congress conducting the inquiry.
3. The rights of the persons appearing in or affected by such inquiries shall berespected.
-This power is inherent in the grant of legislative power to the Congress such that
even if it is not provided for in the Constitution the Congress can still exercise this
power.
Case: E.O No. 464 was promulgated by President Arroyo prohibiting members of the
Cabinet and other official of the executive branch including members of the armedforces from appearing in Congressional inquiries without her consent. (Senate vs.
Ermita)
In resolving this case the Supreme Court held that we should draw a line between
Sec. 21 of Art VI of the power of the Congress to conduct inquiries in aid of legislation
and Sec. 22 or the question hour. If what is exercised is inquiries in aid of legislation
members of the Cabinet and other officials in the executive branch including
members of the armed forces may not validly refuse to appear invoking E.O 464
otherwise if they refuse to appear they may be cited in contempt. This is because ifthey will not appear they will impair the works of the Congress. For how would the
Congress enact good laws if we deny them the information they need. Refusal to
appear will also violate the Constitutional provision of the right of the people to
information on matters of public concern because they were the duly elected
representatives of the people.
-Only the President or the Executive Secretary acting through the authority of the
President may refuse to appear. However, for them to validly refuse to appear they
have to invoke the executive privilege. Executive privilege is the right of the
President and other officers of the executive to withhold information to the Congress
and ultimately the public. The executive privilege must be asserted or claimed. It
cannot be implied. Because we are a democratic and republican state where the
general rule is disclosure of information not secrecy.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
38/53
Further, there should be no blanket invocation of the executive privilege because the
privilege attaches not to the person but to the kind of information.
Three Kinds of Executive Privilege
1.
States secret privilege this is the one often invoke by the President on theground that the information is of such nature that its disclosure would
subvert necessary and crucial military and diplomatic objectives.
2. Informers privilege3. Privilege for internal deliberationsHowever, if what is invoked is the question hour under Sec. 22, members said
executive officials may refuse to appear without the consent of the President
invoking E.O 464 for after all this question hour in not a regular feature of a presidential
form of government so appearance is not really mandatory.
HOW DOES A BILL BECOME A LAW
-Sec. 24 of Art VI -which provides that the following bills must originate in the
House. (A-P-R-I-L)
1.A-ppropriation is one the primary and specific purpose is to authorize therelease of funds from the public treasury.
2. P-rivate bills illustrated by a bill granting honorary citizenship to a foreigner.
3.R-evenue or tariff bills revenueone that levies taxes and raises revenue.
Tariff-specifies the rates of duties to be imposed on imported articles
4. I-ncrease of public debt
5. L-ocal applicationinvolving purely municipal or local matters.
But the Senate may propose or concur with amendments. In other words the
amendments here may refer to amendment by substitution which may entirely replace
the bill initiated in the House of Representatives.. After all what is really required to
originate in the House is not the law itself but only the bill. (Tolentino vs. Sec.ofFinance)
- Sec.26 of Art. VI
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
39/53
One Subject One Title Rule Every bill passed by Congress shall embrace only
one subject which shall be expressed in the title thereof.
-The purpose is to prevent rider. A rider is a provision in a bill totally unrelated to
the main subject and which may be a proper subject of a separate legislation byitself.
Objectives:
1. To prevent hodge-podge or log rolling legislation.2. To prevent surprise or fraud upon the legislature3. To fairly apprise the people of the subjects of legislation that are being
considered.
-The Supreme Court here adopted a liberal interpretation that the title of the bill
need not be a complete catalogue of a bill. There is substantial compliance of the
requirement if the title expresses the general subject and all the provisions of
the statute are germane to that general subject.
Three Readings on Separate Days Rule No bill 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.
-All in all before a bill becomes a law it passes 6 readings. Three readings from
each House.
Exception to the Three Readings Rule: Except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or emergency.
What constitutes a public calamity or emergency that justifies the issuance of
the certification of the President is a political question that may not be inquired
by the courts.
ENROLLED BILL DOCTRINE once a bill has already become an enrolled bill it
becomes conclusive upon the courts as to its due enactment and the tenor of its
provisions.. The court may no longer validly inquire into whether the bill hasbeen regularly and duly enacted.
The bill is enrolled when printed as finally approved by the Congress, thereafter
authenticated with the signature of the Senate president, the Speaker, and the
Secretaries of their respective chambers, and approved by the President.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
40/53
-In case of conflict between the journal and enrolled bill, it is the latter that will
prevail except only as to matters which are under the constitution are required
to be entered in the journal because as to these matters they become conclusive
upon the courts. (Arroyo vs. De Venecia)
Matters that are required to be entered in the legislative journal1. Yeas and nays upon third reading of the bill. 2. Yeas and nays on any question upon request of 1/5 of the Members
present
3. Yeas and nays in repassing a bill over the veto of the President.4. Objections of the President on the bill he vetoed.
BICAMERAL CONFERENCE COMMITTEE
Question: From the bicameral conference committee where will now the bill
go? Will it be submitted to the President for his signature?
Not yet, from the BCC it will be sent back to both Houses of Congress. But
it will not undergo the three readings rather it will be subjected to
votation. If the yeas prevail over the nays it will now be signed by the
Senate President and the Speaker of the House, certified to by the
respective Secretaries of both Houses as having been duly and regularly
enacted and then sent to the President for his signature. It is only then
that a bill becomes enrolled.
If on the other hand, if the during the votation the nays prevail the bill is
not killed. Another bicameral committee conference must be conveyeduntil it is able to craft a version that is acceptable to both Houses of
Congress.
RULE ON PRESENTMENT OF BILL TO THE PRESIDENT
Options available to the President
1. He signs the bill and the bill becomes a law.2. He vetoes the bill and returns the same to the House where it originated with
his objections where it originated. (General Veto)3. Inaction of the President 30 days after it shall have been presented to him
the bill automatically becomes a law.
-30 days is counted from the date of its receipt by him.
-Pocket veto is not recognized in the Philippines. Pocket veto is found
in American constitution where it provides that if a bill is not acted upon by the
President until the adjournment of the regular session of the Congress the bill
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
41/53
does not become a law. Here in the Philippines, it is the opposite. If the bill is not
acted by the President within 30 days after it is presented to him, the bill
becomes a law.
VETO POWER OF THE PRESIDENT (Sec. 27 Art VI)
1. General veto (1sr par.)2. item veto (2nd par)-Selective/Partial veto is not allowed. Either he signs it or it becomes a law or
vetoes it and it does not become a law.
Exception: Selective veto is allowed in an A-ppropriation, R-evenue, and T-ariff.
The veto shall not affect the item or items to which he does not object.
DOCTRINE OF INAAPROPRIATE PROVISION/RIDER IN THE GENERAL APPROPRIATION
BILL (Sec. 25 par 2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates to specifically to some particular appropriations
therein.
-If it does not relate to some particular appropriations in the general
appropriations bill it becomes an inappropriate provision, thus it is now treatedas an item subject to the item veto in Sec. 27 par 2. (Gonzales vs. Macaraeg)
-Governors and Mayors have veto power while a Punong Brgy. does not have
veto power because he is the one who presides the session in a barangay. (Sec.
55 of the Local Govt Code.)
EXECUTIVE DEPARTMENT
Doctrine of Qualified Political Agency or Alter Ego Principle under this doctrine the
members of the Cabinet, the Cabinet Secretaries they are deemed to be the alter ego of
the President which means that any act or decision rendered by them in the regular
course of business are deemed to be the act or decision of the President himself unless
reprobated.
Qualifications:
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
42/53
COMMON
QUALIFICATIONS
CONGRESSMAN
DISTRICT/PARTY LISTSENATOR PRESIDENT
1. Citizenship Natural-born citizen Natural-borncitizen
Natural-born
citizen
2. EducationalBackground
Able to read and write Able to read and
write
Able to read and
write
3. RegisteredVoter
District
Registered voter in the
district to which he
shall be elected.
Party ListRegistered voter and
bona fide member of the
party or org which he
seeks to represent atleast 90 days preceding
the day of election
Registered Voter Registered Voter
DISTINCT
QUALIFICATIONS
1. Age 25 years old on the dayof election
Party List (youth sector)
At least 25 but not more
than 30 on the day of
the election.
35 years old on
the day of the
election
40 years old on
the day of
election
2. Residency DistrictResident of the district
to which he shall be
elected for at least 1
year immediately
preceding the day of
election
Party list
Resident of the Phil forat least 1 year
immediately preceding
the day of election
Resident of the
Phil. for at least 2
years immediately
preceding the day
of election
Resident of the
Phil. for at least
10 years
immediately
preceding the
day of election
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
43/53
PERMANENT VACANCY IN THE OFFICE OF THE PRESIDENT (Sec. 8)
-Vice President shall assume office not only as acting President but as President
to serve the unexpired term.
Four Situations: D-D- R- R (Double D Double R)
1. Death2. Disability permanent3. Removal4. Resignation in the case of Estrada vs. Desierto SC said that the elements of
resignation are: That there must be intent to resign and the intent must be
coupled with acts of relinquishment. The validity of resignation is not
governed by any requirement as to form. It can be oral or written; it can be
express or implied. In this case the Court used the Totality of Circumstances
Test which took into account all the prior, contemporaneous and posterior
acts and circumstances bearing on the question of Estradas resignation.
SPECIFIC POWERS OF THE PRESIDENT UNDER ART. VII
1. Appointing Power (Sec. 16)
Appointments which Require Confirmation by the Commission on Appointments
1. Heads of Executive Departments cabinet secretaries EXCEPT Vice President whenappointed as cabinet member
-Bureau head like a Commissioner of customs may be appointed without suchconfirmation
2. Ambassadors other public ministers and consuls diplomatic and consular services3. Officers of the armed forces from the rank or naval captain PNP officers are not
included
4. Other officers whose appointments are vested in him in the Constitution-Like the members of the Constitutional Commission Chairman and Commissionersof CSC, COMELEC and COA
-EXCEPT members of the Supreme Court and judges of lower courts, Ombudsman
and his deputies although appointment is vested in the President it is removed
from the confirming power of the Commission on Appointment since it is the Judicial
and Bar council which makes the necessary screening.
-
8/2/2019 State Immunity, Citizenship, Art VI, VII and VIII
44/53
-Members of the Commission of Human Rights need no confirmation by the
Commission on Appointments.
5. Regular members of the Judicial and Bar Councila. representatives of the IBP
b. professor of lawc. retired member of the Supreme Court
d. representative of the private sector
Take note: The list of officers whose appointments requires confirmation by
Commission on Appointments is exclusive. The list may not be expanded by
mere statutory legislation. (Calderon vs. Carale)
AD INTERIM APPOINTMENT VIS A VIS REGULAR APPOINTMENT
Ad Interim appointmentsappointment made by the President when the
Congress is not in session or in recess. This refers only to positions which need
confirmation by the Commission on Appointments.
Regular appointment appointment made by the President when Congress is in
session.
-The real distinction between the two lies in the effectivity of appointment . If the
appointment is ad interim the appointment takes effect immediately and the appointee
may immediately assume office subject only to the resolutory condition when the
appointment is confirmed by the Commission on Appointments. On the other hand,
regular appointment it does not take effect immediately that is why the appointee maynot assume office immediately. He can only assume office if the appointment is already
confirmed by the Comm. on Appointments. In ad interim appointment the President
appoints, in regular appointment the President nominates.
Question: A Regional Director of DepEd was appointed by the President as Sec. of
Education. Congress was in session. Can he assume office immediately?
No. That is a regular appointment. It does not take effect immediately. It
will only take effect upon confirmation by the Commission.
Case: Manual Roxas who was then a Congressman of Capiz was appointed by thePres.Estrada as DTI Secretary. Since the Co