ITLJ 2 PDF - Limitations on Legislative Investigation

LIMITATIONS ON LEGISLATIVE INVESTIGATION 1.​ The persons appearing in or affected by such legislative inquiries shall be respected. 2.​ The Rules of procedures to be followed in such inquiries shall be published for the guidance of those who will be summoned. This must be strictly follo...

LIMITATIONS ON LEGISLATIVE INVESTIGATION 1.​ The persons appearing in or affected by such legislative inquiries shall be respected. 2.​ The Rules of procedures to be followed in such inquiries shall be published for the guidance of those who will be summoned. This must be strictly followed so that the inquiries are confined only to the legislative purpose and to avoid abuses.(Publication in the internet cannot be considered as compliance). 3.​ The investigation must be in aid of legislation. 4.​ Congress may not summon the President as witness or investigate the latter in view of the doctrine of separation of powers except in impeachment cases. 5.​ Congress may no longer punish the witness in contempt after its final adjournment. The basis of the power to impose such penalty is the right to self-preservation. And such right is enforceable only during the existence of the legislature. (Lopez v. Delos Reyes, G.R. No. L-34361, Nov. 5, 1930) 6.​ Congress may no longer inquire into the same justiciable controversy already before the court. (Bengzon v. Senate Blue Ribbon Committee, G.R. No. 89914, November 20, 1991) OVERSIGHT FUNCTION AND QUESTION HOUR 1. Article VI, Section 22: Oversight function of Congress to ensure that the laws it is passing are being implemented by the executive. Heads of the departments, at their own initiative with the consent of the President, or upon the request of either House, shall appear before and be heard by the House on any matter pertaining to the departments. SCOPE OF THE POWER OF OVERSIGHT 1.​ Monitor bureaucratic compliance with program objectives 2.​ Determine whether agencies are properly administered 3.​ Eliminate executive waste and dishonesty 4.​ Prevent executive usurpation of legislative authority; and 5.​ Assess executive conformity with the congressional perception of public interest Power to Declare Existence of War Pursuant to Article 6, Section 23, “(1) The Congress, by a vote of two- thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.” POLICY OF THE PHILIPPINES REGARDING WAR The Philippines renounces war as an instrument of national policy. (Sec. 2, Art. II). The words of the provision is to authorize a declaration not of war but only of the existence of a state of war as an instrument of national policy under Article II, Section 2. The provision suggests a war already begun or provoked by the enemy and the existence of which we are only affirming. In other words, we are not the aggressor but merely reacting to an aggression. Power to declare Existence of War Pursuant to Article 6, Section 23, “(1) The Congress, by a vote of two- thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.” VOTING REQUIREMENT TO DECLARE -​ ⅔ of both Houses -​ In joint session -​ Voting separately Note: Even though the legislature can declare existence of war and enact measures to support it, the actual power to engage war is lodged nonetheless in the executive. POWER TO ACT AS BOARD OF CANVASSERS IN ELECTION OF PRESIDENT Pursuant to Article VII, Section 10, provides that “The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and Vice- President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.” 1.​ Special election — In case of a permanent vacancy in the Offices of both the President and Vice President, the Congress shall convene and enact a law calling for a special election to elect a President and Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The convening of Congress cannot be suspended nor the holding of the special election postponed as required by Section 10. The bill calling for the special election is not subject to the requirements prescribed in Sections 25(4) and 26(2) of Article VI. 2.​ Next Presidential Election — No special election shall be called if the vacancy occurs within 18 months before the date of the next Presidential election. The reason is obvious. Such special election becomes unnecessary and costly since the elected President and Vice-President will serve only for a short period to end when the term of their successors begin. POWER TO JUDGE PRESIDENT’S PHYSICAL FITNESS TO DISCHARGE THE FUNCTIONS OF THE PRESIDENCY (SEC. 11, ART. VII) 1.​ Declaration by the President.-The President may transmit to the Senate President and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office. In such case, the Vice-President shall be the Acting President until the President transmits to the two officials a written declaration of the termination of his incapacity. (Sec. 11, par. 1) 2.​ Declaration by members of Cabinet - In case a majority of all the members of the Cabinet- who are all the President's men--- transmit such written declaration, the Vice-President shall immediately assume the powers and duties of the Office as Acting President. Thereafter, upon transmitting his written declaration that no inability exists, the President shall reassume the powers and duties of his office. (pars. 2 and 3.) 3.​ Decision by Congress in case of dispute. -- In case of a dispute on the matter between the President and the majority of all the members of the Cabinet, Congress by a 2/3 vote of both Houses, voting separately, shall decide the existence and/or termination of presidential incapacity. (last par.) (Sec. 11, Art. VII) POWER TO REVOKE OR EXTEND SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS OR DECLARATION OF MARTIAL LAW Pursuant to Section 18, Article VII, “The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.” POWER TO CONCUR IN PRESIDENTIAL AMNESTIES WITH THE CONCURRENCE OF MAJORITY OF ALL THE MEMBERS OF CONGRESS (SEC. 19, ART. VII) Pursuant to Article VII, Section 19, second paragraph, the presidential amnesties require the concurrence of a majority of all the Members of the Congress. AMNESTY AMNESTY is the form of executive clemency which under the Constitution may be granted by the President only with the concurrence of the legislature. Requisites of amnesty 1.​ Concurrence of a majority of all the members of Congress (1987 Constitution, Art. VII, Sec. 19); and 2.​ A previous admission of guilt (Vera v. People, G.R. No. L-18184, January 31, 1963). EFFECTS OF AMNESTY The total extinguishment of the criminal liability and of the penalty and all its effects. Amnesty reaches back to the past and erases whatever shade of guilt there was. In the eyes of the law, a person granted amnesty is considered a new-born child. PARDON PARDON is an act of grace, which exempts individual on whom it is bestowed from punishment, which the law inflicts for a crime he has committed. As a consequence, pardon granted after conviction frees the individual from all the penalties and legal disabilities and restores him to all his civil rights. But unless expressly grounded on the person’s innocence (which is rare), it cannot bring back lost reputation for honesty, integrity and fair dealing. (Monsanto v. Factoran) KINDS OF PARDON 1.​ Absolute pardon — One extended without any conditions; totally extinguishes criminal liability (See: RPC, Art. 89). 2.​ Conditional pardon — One under which the convict is required to comply with certain requirements. EFFECTS OF PARDON 1.​ Frees the individual from all the penalties and legal disabilities imposed upon him by the sentence, and NOTE: RPC, Article 36. Pardon; its effect: A pardon shall in no case exempt the culprit from the payment of the civil indemnity. 2.​ Restores to him all his civil and political rights. NOTE: RPC, Article 36. Pardon; its effect: A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. Amnesty vs. Pardon BASIS AMNESTY PARDON Nature of the offense Addressed to Political offenses Addressed to Ordinary offenses As to whom granted Granted to a class of persons Granted to individuals As to concurrence of Congress Requires concurrence of majority Does not require concurrence all members of Congress Congress Nature of the act Public act which the court may takPrivate act which must be pleade judicial notice of and proved As to perspective Looks backward and puts to oblivioLooks forward and relieves th the offense itself pardonee of the consequence of th offense When granted May be granted before or aft Only granted after conviction by fin conviction judgment As to acceptance Need not be accepted Must be accepted POWER TO CONCUR IN TREATIES OR INTERNATIONAL AGREEMENTS; CONCURRENCE OF AT LEAST 2/3 OF ALL THE MEMBERS OF THE SENATE (SEC. 21, ART. VII) Pursuant to Section 21, Article VII, “no treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate”. POWER TO CONFIRM CERTAIN APPOINTMENTS/ NOMINATIONS MADE BY THE PRESIDENT (SECS. 9 AND 16, ART. VII) Pursuant to Section 16, Article VII: The following officials whose appointments are vested in the President subject for confirmation of Commission on Appointments 1. The heads of executive departments, ambassadors, and other public ministers and consuls; 2. The officers of the Armed Forces of the Philippines from the rank of colonel or naval captain; 3. Other officers whose appointments are vested in the President by the Constitution; 4. All other officers of the Government whose appointments are not otherwise provided for by law, and they refer to officers to be appointed to lower offices created by Congress where the latter omits to provide for appointments to said offices, or provides in an unconstitutional way for such appointments; and 5. Those whom he may be authorized by law to appoint such as the heads of government-owned or -controlled corporations, department undersecretaries, heads of bureaus and offices, and other officials. 6. The President’s appointment of all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint does not require confirmation of the Commission on Appointments. 7. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. 8. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress POWER OF IMPEACHMENT (SEC. 2, ART. XI) Pursuant to Article XI, Section 3. “The House of Representatives shall have the exclusive power to initiate all cases of impeachment.” SALARIES Pursuant to Article VI, Section 10: The salaries of Senators and Members of the HR shall be determined by law. ​ No increase in said compensation shall take effect until after the expiration of the full term of all the members of the Senate and HR approving such increase. ​ No provision about decrease. Frustrated with how the Office of the President handles the pandemic response, Senator Ella allocated funds to her office to launch a medical project which will run annually. Secretary of the DOH opposes arguing that the allocation and the execution of the function is outside the mandate of Senator Ella. Is the Secretary correct?  -​ Yes. He is correct. Pursuant to Article VII Section 1, the executive power shall be vested in the President of the Philippines. Senator Ella’s job is to make laws and not to execute them. Her acts further violates the principle of separation of powers. Senator There’s husband, Pedro, 37 years old, obtained a Filipino citizenship. Sen. There convinced her husband to run for Philippine presidency. Is he qualified to run? -​ No, he is not qualified. Section 2, Article VII states that “no person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.” What if he decides to run for Vice-President instead? Is he qualified? -​ He is still not qualified. Section 3, Article VII states that “there shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. VP Letty has able to accomplish projects beyond expected. The people would want her to retain her position even after 6 years term. On the contrary, the people dislike how the President is running the country. They want to shorten the President’s term from 6 years to 5 years. Are both acts constitutional? -​ No, both acts are unconstitutional. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter. Can President Duterte assume the Presidency for the second time? How about VP Leni, can she run for Vice-President again and get elected? -​ President Duterte cannot assume Presidency for the second time. Section 4, Article VII provides that the President shall not be eligible for any reelection. VP Leni may be re-elected again. But she may not serve for two consecutive terms. Pursuant to Section 4 (2), Article VII, “No Vice-President shall serve for more than two consecutive terms.” -​ The Congress enacted a law rescheduling the National-Presidential Election form second Monday of May, to December 1. Is the law constitutional? -​ Yes, the law is constitutional. Section 4 (3), Article VII states that “Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.” There should be a justifiable and constitutional reason why the election should be postponed to a later date. -​ President Pedro died, VP Mariellah took over. She had a term of 4 years and 3 months. She wants to run for the President next election. Can she validly do so? -​ No, she cannot run for President. Section 4(1), Article VII provides that “No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.” Madeleinne and Zyrah are the two Presidential candidates. People were not interested in participating in the election. Only two people voted. They both had one vote each. Will there be a failure of election? -​ No. Section 4(5), Article VII states that “x x x in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.” Where should losing Presidential and Vice- Presidential candidates in the election file the election case? -​ No. Pursuant to Section 4(7), Article VII, “the Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice- President, and may promulgate its rules for the purpose.” Is the President immune from suit even if there is no express constitutional provision granting the same?  -​ Yes. Following the principle of State immunity, under Article XVI Section 3 “the State may not be sued without its consent”. The President is the face and manifestation of the executive branch pursuant to Section 1, Article VII. In Soliven vs. Makasiar, the Supreme Court held that, the rationale for the grant to the President of the privilege of immunity from suit is to assure the exercise of Presidential duties and functions free from any hindrance or distraction, considering that being the Chief Executive of the Government is a job that, aside from requiring all of the office-holder’s time, also demands undivided attention. Aware that he his immune from suit during his term, President Toderde committed several human rights violations and coupled with continuous lying to and manipulation of the public. Can the aggrieved party, the people avail of any remedy? -​ Yes. Section 2, Article XI provides that the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. Realizing that the Philippine economy will self-destruct next year, the President resigned from office with still 4 years left in his term. When the resignation had been formalized, Atty. Pedro remembered all the human rights violations and corruptions allegations against the President. This fact led to the filing of a suit against the President. In defense, the President invokes his immunity. Will the court takes cognizance? -​ No, the non-sitting President is not entitled to such immunity. Once out of office, even before the end of the 6-year term, immunity for non-official acts is lost. Immunity cannot be claimed to shield a non- sitting President from prosecution for alleged criminal acts done while sitting in office. (Estrada v. Desierto) The Secretary of the DPWH received an Order from the President to stop the construction of a new legislative building due to the fear of possible collapse since the site is part of a reclaimed area. Senator Juan, an expert in structural engineering ordered the Secretary of DPWH to continue the construction. The Secretary listened to the order of Senator Juan. Was his decision correct? -​ No. Pursuant to Article VII, Section 17, “The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.” VETO POWER SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two- thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. (2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. RESIDUAL POWER ​ These are powers that are to be performed by the president when there is no law nor constitutional provision that specifies who shall perform these powers. Whether or not, in the exercise of the powers granted by the Constitution, the President may prohibit the Marcoses from returning to the Philippines. ​ Yes. This is part of the residual powers of the President. ​ In this case, the Supreme Court upheld the action of the President for the sake of national security. The President has determined that the destabilization caused by the return of the Marcoses would wipe away the gains achieved during the past few years and lead to total economic collapse. Given what is within our individual and common knowledge of the state of the economy, we cannot argue with that determination. APPOINTING POWER (Article 7, Sec 16) President shall nominate and, with the consent of the Commission of Appointments, appoint: ​ Heads of the executive departments ​ Ambassadors, other public ministers and Consuls ​ Officers of the AFP from the rank of Colonel or Naval Captain ​ Other officers whose appointments are vested in him in this ​ Constitution (Regular members of JBC, members of the Constitutional Commissions. President may also appoint, without consent of Commission on Appointments: ​ Other officers of Government whose appointments are not otherwise provided by law ​ Those whom he may be authorized by law to appoint President can also make appointments during the recess of Congress, known as Ad Interim appointments, which are permanent and be effective until disapproval by the Commission on Appointments or until the next adjournment of Congress. DESIGNATION VS APPOINTMENT ​ Appointment is the selection of an individual who is to exercise the functions of a given office. ​ In Binamira v. Garrucho, the Supreme Court defined designation as the imposition of additional duties on a person already in the public service. It is considered only as an acting or temporary appointment, which does not confer security of tenure on the person named. PROHIBITED APPOINTMENTS Under Sec. 15, Art. VII of the Constitution, the following appointments are prohibited: 1.​ Those made for buying votes– Refers to those appointments made within two months preceding the Presidential election and are similar to those which are declared election offenses in the Omnibus Election Code; and 2.​ Those made for partisan considerations– Consists of the so-called “midnight” appointments (In Re: Hon. Valenzuela and Hon. Vallarta, A.M. No. 98-5-01-SC, November 9, 1998). PRESIDENT’S MILITARY POWER Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. -​ The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. -​ The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.  -​ A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus. -​ The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion. -​ During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE PHILIPPINES The power of the sword makes the President the most important figure in the country in times of war or other similar emergency. In theory, he plans all campaigns, establishes all sieges and blockades, directs all marches, fights all battles. It is because the sword must be wielded with courage and resolution that the President is given vast powers in the making and carrying out of military decisions. SCOPE OF PRESIDENT’S MILITARY POWER -​ Calling out power -​ Suspension of the privilege of writ of Habeas corpus -​ Declaration of Martial Law CALLING OUT POWER -​ To call out the Armed Forces to prevent or suppress lawless violence, invasion, or rebellion. -​ This does not need congressional authority to exercise the same. If there is a need to pacify the people’s fears and stabilize the situation, the President has to take preventive action (Ampatuan v. Puno). SUSPENSION OF THE PRIVILEGE OF WRIT OF HABEAS CORPUS GROUND: invasion or rebellion AND when public safety requires it (Art. VII, Sec. 18 (1)). EFFECTS OF SUSPENSION OF THE PRIVILEGE ​ Suspends the issuance of the writ of habeas corpus which is the remedy against illegal arrests and detention (Sec. 18). ​ The Proclamation however does not affect the right to post bail (Art. VIII, Sec. 13). ​ Suspension of the privilege applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion (Art. VII, Sec. 18, par. 5); ​ Persons arrested must be charged within 3 days, if not, they must be released (Art. VII, Sec. 18 (1)). DECLARATION OF MARTIAL LAW ​ GROUND: invasion or rebellion AND when public safety requires it (Art. VII, Sec. 18 (1)). ​ The Constitution grants to the President the discretion to determine the territorial coverage of martial law and the suspension of the privilege of the writ. He may put the entire PH or only a part thereof under martial law. NATURE OF MARTIAL LAW Martial law is a joint power of the President and the Congress. ​ The President’s proclamation or suspension is temporary, good for only 60 days; ​ He must, within 48 hours of the proclamation or suspension, report his action in person or in writing to Congress; ​ Both houses of Congress, if not in session must jointly convene within 24 hours of the proclamation or suspension for the purpose of reviewing its validity; and ​ The Congress, voting jointly, may revoke or affirm the President’s proclamation or suspension, allow their limited effectivity to lapse, or extend the same if Congress deems warranted. NOTE: Once revoked by Congress, the President cannot set aside the revocation. LIMITATIONS ON THE DECLARATION OF MARTIAL LAW ​ It does not suspend the operation of the Constitution; ​ It does not supplant the functioning of the civil courts or legislative assemblies; ​ It does not authorize conferment of jurisdiction over civilians where civil courts are able to function; ​ NOTE: Civilians cannot be tried by military courts if the civil courts are open and functioning. (Open Court Doctrine) (Olaguer v. Military Commission No. 34, G.R. No. L- 54558, May 22, 1987). ​ It does not automatically suspend the privilege of the writ of habeas corpus (1987 Constitution, Art. VII, Sec. 18 (2)]. ​ When martial law is declared, no new powers are given to the President; no extension of arbitrary authority is recognized; no civil rights of individuals are suspended. The relation of the citizens to their State is unchanged. The Supreme Court cannot rule upon the correctness of the President’s actions but only upon its arbitrariness. Therefore, in a general perspective, Martial law merely increases the military presence in the area where it is declared. It means more checkpoints and strict implementation of national security laws. WAYS TO LIFT THE PROCLAMATION OF MARTIAL LAW AND SUSPENSION OF THE WHC ​ Lifting by the President himself ​ Revocation by Congress ​ Nullification by the SC ​ By operation of law after 60 days