60-75 Constitutional Law

8/4/2019 60-75 Constitutional Law

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60. Macalintal v. Comelec

Does Section 18.5 of R.A. No. 9189 (The Overseas Absentee Voting Act of 2003) empowering

the COMELEC to proclaim the winning candidates for national offices and party listrepresentatives including the President and the Vice-President violate the constitutional mandate

under Section 4, Article VII of the Constitution that the winning candidates for President and theVice-President shall be proclaimed as winners by Congress?

Section 18.5 of the R.A. No. 9189 provides that the canvass of votes shall not cause the delay ofthe proclamation of a winning candidate if the outcome of the election will not be affected by the

results thereof. Notwithstanding the foregoing, the Commission is empowered to order theproclamation of winning candidates despite the fact that the scheduled election has not taken

place in a particular country or countries, if the holding of elections therein has been renderedimpossible by events, factors and circumstances peculiar to such country or countries, in which

events, factors and circumstances are beyond the control or influence of the Commission.

(Emphasis supplied)

Petitioner claims that the provision of Section 18.5 of R.A. No. 9189 empowering the

COMELEC to order the proclamation of winning candidates insofar as it affects the canvass of

votes and proclamation of winning candidates for president and vice-president, is

unconstitutional because it violates the following provisions of paragraph 4, Section 4 of ArticleVII of the Constitution:

The returns of every election for President and Vice-President, duly certified by the board of

canvassers of each province or city, shall be transmitted to the Congress, directed to the

President of the Senate. Upon receipt of the certificates of canvass, the President of the Senateshall, not later than thirty days after the day of the election, open all the certificates in the

presence of the Senate and the House of Representatives in joint public session, and theCongress, upon determination of the authenticity and due execution thereof in the mannerprovided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but 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.

The Congress shall promulgate its rules for the canvassing of the certificates.

which gives to Congress the duty to canvass the votes and proclaim the winning candidates for

president and vice-president.

The Solicitor General asserts that this provision must be harmonized with paragraph 4, Section 4,

Article VII of the Constitution and should be taken to mean that COMELEC can only proclaimthe winning Senators and party-list representatives but not the President and Vice-President.


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Indeed, the phrase,proclamation of winning candidates, in Section 18.5 of R.A. No. 9189 is far

too sweeping that it necessarily includes the proclamation of the winning candidates for the

presidency and the vice-presidency.

Section 18.5 of R.A. No. 9189 appears to be repugnant to Section 4, Article VII of the

Constitution only insofar as said Section totally disregarded the authority given to Congress bythe Constitution to proclaim the winning candidates for the positions of president and vice-

president.

In addition, the Court notes that Section 18.4 of the law, to wit:

18.4. . . . Immediately upon the completion of the canvass, the chairman of the Special Board of

Canvassers shall transmit via facsimile, electronic mail, or any other means of transmission

equally safe and reliable the Certificates of Canvass and the Statements of Votes to the

Commission

clashes with paragraph 4, Section 4, Article VII of the Constitution which provides that thereturns of every election for President and Vice-President shall be certified by the board of

canvassers to Congress.

Congress could not have allowed the COMELEC to usurp a power that constitutionally belongs

to it or, as aptly stated by petitioner, to encroach on the power of Congress to canvass the votesfor president and vice-president and the power to proclaim the winners for the said positions.

The provisions of the Constitution as the fundamental law of the land should be read as part of

The Overseas Absentee Voting Act of 2003 and hence, the canvassing of the votes and the

proclamation of the winning candidates for president and vice-president for the entire nationmust remain in the hands of Congress.


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61. SOLIVEN V. MAKASIAR

petitioner Beltran argues that "the reasons which necessitate presidential immunity fromsuit impose a correlative disability to file suit." He contends that if criminal proceedingsensue by virtue of the President's filing of her complaint-affidavit, she may subsequently

have to be a witness for the prosecution, bringing her under the trial court's jurisdiction.This, continues Beltran, would in an indirect way defeat her privilege of immunity fromsuit, as by testifying on the witness stand, she would be exposing herself to possiblecontempt of court or perjury.

whether or not the President of the Philippines, under the Constitution, may initiate criminal

proceedings against the petitioners through the filing of a complaint-affidavit.

The rationale for the grant to the President of the privilege of immunity from suit is toassure the exercise of Presidential duties and functions free from any hindrance ordistraction, 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.

But this privilege of immunity from suit, pertains to the President by virtue of the officeand may be invoked only by the holder of the office; not by any other person in thePresident's behalf. Thus, an accused in a criminal case in which the President iscomplainant cannot raise the presidential privilege as a defense to prevent the casefrom proceeding against such accused.

Moreover, there is nothing in our laws that would prevent the President from waiving theprivilege. Thus, if so minded the President may shed the protection afforded by theprivilege and submit to the court's jurisdiction. The choice of whether to exercise the

privilege or to waive it is solely the President's prerogative. It is a decision that cannotbe assumed and imposed by any other person.


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62. Marcos v. Manglapus

In its decision dated September 15,1989, the Court, by a vote of eight (8) to seven (7),dismissed the petition, after finding that the President did not act arbitrarily or with graveabuse of discretion in determining that the return of former President Marcos and his

family at the present time and under present circumstances pose a threat to nationalinterest and welfare and in prohibiting their return to the Philippines. On September 28,1989, former President Marcos died in Honolulu, Hawaii. In a statement, PresidentAquino said:

In the interest of the safety of those who will take the death of Mr. Marcos in widely andpassionately conflicting ways, and for the tranquility of the state and order of society, theremains of Ferdinand E. Marcos will not be allowed to be brought to our country untilsuch time as the government, be it under this administration or the succeeding one, shallotherwise decide. [Motion for Reconsideration, p. 1; Rollo, p, 443.]

2. the President has no power to bar a Filipino from his own country; if she has, she had

exercised it arbitrarily; and

3. Contrary to petitioners' view, it cannot be denied that the President, upon whomexecutive power is vested, has unstated residual powers which are implied from thegrant of executive power and which are necessary for her to comply with her dutiesunder the Constitution. The powers of the President are not limited to what areexpressly enumerated in the article on the Executive Department and in scatteredprovisions of the Constitution. This is so, notwithstanding the avowed intent of themembers of the Constitutional Commission of 1986 to limit the powers of the Presidentas a reaction to the abuses under the regime of Mr. Marcos, for the result was alimitation of specific power of the President, particularly those relating to the

commander-in-chief clause, but not a diminution of the general grant of executivepower.

That the President has powers other than those expressly stated in the Constitution isnothing new. This is recognized under the U.S. Constitution from which we havepatterned the distribution of governmental powers among three (3) separate branches.

Article II, [section] 1, provides that "The Executive Power shall be vested in a President ofthe United States of America." In Alexander Hamilton's widely accepted view, thisstatement cannot be read as mere shorthand for the specific executive authorizationsthat follow it in [sections] 2 and 3. Hamilton stressed the difference between the sweepinglanguage of article II, section 1, and the conditional language of article I, [section] 1: "All

legislative Powers herein grantedshall be vested in a Congress of the United States . . ."Hamilton submitted that "[t]he [article III enumeration [in sections 2 and 31 oughttherefore to be considered, as intended merely to specify the principal articles implied inthe definition of execution power; leaving the rest to flow from the general grant of thatpower, interpreted in confomity with other parts of the Constitution...

In Myers v. United States, the Supreme Court accepted Hamilton's proposition,concluding that the federal executive, unlike the Congress, could exercise power fromsources not enumerated, so long as not forbidden by the constitutional text: the executivepower was given in general terms, strengthened by specific terms where emphasis was


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regarded as appropriate, and was limited by direct expressions where limitation wasneeded. . ." The language of Chief Justice Taft in Myers makes clear that theconstitutional concept of inherent power is not a synonym for power without limit; rather,the concept suggests only that not all powers granted in the Constitution are themselvesexhausted by internal enumeration, so that, within a sphere properly regarded as one of"executive' power, authority is implied unless there or elsewhere expressly limited.[TRIBE, AMERICAN CONSTITUTIONAL LAW 158-159 (1978).]

And neither can we subscribe to the view that a recognition of the President's implied orresidual powers is tantamount to setting the stage for another dictatorship. Despitepetitioners' strained analogy, the residual powers of the President under the Constitutionshould not be confused with the power of the President under the 1973 Constitution tolegislate pursuant to Amendment No. 6 which provides:

Whenever in the judgment of the President (Prime Minister), there exists a graveemergency or a threat or imminence thereof, or whenever the interim BatasangPambansa or the regular National Assembly fails or is unable to act adequately on anymatter for any reason that in his judgment requires immediate action, he may, in order to

meet the exigency, issue the necessary decrees, orders, or letters of instruction, whichshall form part of the law of the land,

There is no similarity between the residual powers of the President under the 1987Constitution and the power of the President under the 1973 Constitution pursuant toAmendment No. 6. First of all, Amendment No. 6 refers to an express grant of power. Itis not implied. Then, Amendment No. 6 refers to a grant to the President of the specific

power of legislation.

4. Among the duties of the President under the Constitution, in compliance with his (orher) oath of office, is to protect and promote the interest and welfare of the people. Herdecision to bar the return of the Marcoses and subsequently, the remains of Mr. Marcosat the present time and under present circumstances is in compliance with this boundenduty. In the absence of a clear showing that she had acted with arbitrariness or withgrave abuse of discretion in arriving at this decision, the Court will not enjoin theimplementation of this decision.

ACCORDINGLY, the Court resolved to DENY the Motion for Reconsideration for lack ofmerit."


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63. Estrada v. Desierto

Facts:

On January 20, 2001, at about 12 noon, Chief Justice Davide administered the oath to respondent

Arroyo as President of the Philippines. On the same day, petitioner issued a press statement that

he was leaving Malacanang Palace for the sake of peace and in order to begin the healing processof the nation. It also appeared that on the same day, he signed a letter stating that he was

transmitting a declaration that he was unable to exercise the powers and duties of his office and

that by operation of law and the Constitution, the Vice-President shall be the Acting President. A

copy of the letter was sent to Speaker Fuentebella and Senate President Pimentel on the same

day. After his fall from the power, the petitioners legal problems appeared in clusters. Several

cases previously filed against him in the Office of the Ombudsman were set in motion. Petitioner

denies he resigned as President or that he suffers from a permanent disability.

Issues:(1) Whether or not the petitioner resigned as President

(2) Whether or not the petitioner is only temporarily unable to act as President

Held:

Resignation is a factual question. In order to have a valid resignation, there must be an intent to

resign and the intent must be coupled by acts of relinquishment. The validity of a resignation is

not governed by any formal requirement as to form. It can be oral. It can be written. It can be

express. It can be implied. As long as the resignation is clear, it must be given legal effect. In the

cases at bar, the facts show that petitioner did not write any formal letter of resignation before

leaving Malacanang Palace. The Court had an authoritative window on the state of mind of the

petitioner provided by the diary of Executive Sec. Angara serialized in the Phil. Daily Inquirer.

During the first stage of negotiation between Estrada and the opposition, the topic was already

about a peaceful and orderly transfer of power. The resignation of the petitioner was implied.

The Court held that the resignation of the petitioner cannot be doubted. It was confirmed by his

leaving Malacanang. In the press release containing his final statement,

(1) he acknowledged the oath-taking of the respondent as President of the Republic, but with the

reservation about its legality;

(2) he emphasized he was leaving the Palace, the seat of the presidency, for the sake of peace and

in order to begin the healing process of the nation. He did not say he was leaving the Palace due

to any kind of inability and that he was going to reassume the presidency as soon as the disability

disappears;

(3) he expressed his gratitude to the people for the opportunity to serve them;


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(4) he assured that he will not shirk from any future challenge that may come ahead in the same

service of the country; and

(5) he called on his supporters to join him in the promotion of a constructive national spirit of

reconciliation and solidarity.

The Court also tackled the contention of the petitioner that he is merely temporarily unable to

perform the powers and duties of the presidency, and hence is a President on leave. The inability

claim is contained in the Jan. 20, 2001 letter of petitioner sent to Senate Pres. Pimentel and

Speaker Fuentebella. Despite said letter, the House of Representatives passed a resolution

supporting the assumption into office by Arroyo as President. The Senate also passed a

resolution confirming the nomination of Guingona as Vice-President. Both houses of Congress

have recognized respondent Arroyo as the President. Implicitly clear in that recognition is the

premise that the inability of petitioner Estrada is no longer temporary. Congress has clearly

rejected petitioners claim of inability. The Court cannot pass upon petitioners claim of inability

to discharge the powers and duties of the presidency. The question is political in nature and

addressed solely to Congress by constitutional fiat. It is a political issue which cannot be decided

by the Court without transgressing the principle of separation of powers.


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64. David v. Arroyo G.R. No. 171396, May 3, 2006

"Take Care" Power of the President

Powers of the Chief Executive

The power to promulgate decrees belongs to the Legislature

FACTS:

These 7 consolidated petitions question the validity of PP 1017 (declaring a state of national

emergency) and General Order No. 5 issued by President Gloria Macapagal-Arroyo. While the

cases are pending, President Arroyo issued PP 1021, declaring that the state of national

emergency has ceased to exist, thereby, in effect, lifting PP 1017.

ISSUE:

Whether or not PP 1017 and G.O. No. 5 arrogated upon the President the power to enactlaws and decrees

If so, whether or not PP 1017 and G.O. No. 5 are unconstitutional

HELD:

Take-Care Power

This refers to the power of the President to ensure that the laws be faithfully executed, based onSec. 17, Art. VII: The President shall have control of all the executive departments, bureaus and

offices. He shall ensure that the laws be faithfully executed.

As the Executive in whom the executive power is vested, the primary function of the President is

to enforce the laws as well as to formulate policies to be embodied in existing laws. He sees to it

that all laws are enforced by the officials and employees of his department. Before assumingoffice, he is required to take an oath or affirmation to the effect that as President of the

Philippines, he will, among others, execute its laws. In the exercise of such function, the

President, if needed, may employ the powers attached to his office as the Commander-in-Chiefof all the armed forces of the country, including the Philippine National Police under the

Department of Interior and Local Government.

The specific portion of PP 1017 questioned is the enabling clause: to enforce obedience to allthe laws and to all decrees, orders and regulations promulgated by me personally or upon my

direction.

Is it within the domain of President Arroyo to promulgate decrees?

The President is granted an Ordinance Power under Chap. 2, Book III of E.O. 292. PresidentArroyos ordinance power is limited to those issuances mentioned in the foregoing provision.


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She cannot issue decrees similar to those issued by Former President Marcos under PP 1081.

Presidential Decrees are laws which are of the same category and binding force as statutes

because they were issued by the President in the exercise of his legislative power during theperiod of Martial Law under the 1973 Constitution.

This Court rules that the assailed PP 1017 is unconstitutional insofar as it grants PresidentArroyo the authority to promulgate decrees. Legislative power is peculiarly within the

province of the Legislature. Sec. 1, Art. VI categorically states that the legislative power shall

be vested in the Congress of the Philippines which shall consist of a Senate and a House ofRepresentatives. To be sure, neither Martial Law nor a state of rebellion nor a state of

emergency can justify President Arroyos exercise of legislative power by issuing decrees.

But can President Arroyo enforce obedience to all decrees and laws through the military?

As this Court stated earlier, President Arroyo has no authority to enact decrees. It follows that

these decrees are void and, therefore, cannot be enforced. With respect to laws, she cannot call

the military to enforce or implement certain laws, such as customs laws, laws governing familyand property relations, laws on obligations and contracts and the like. She can only order the

military, under PP 1017, to enforce laws pertinent to its duty to suppress lawless violence.


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65. Civil Liberties Union v. Executive Secretary 194 SCRA 317

Facts: Petitioners in the two separate petitions assail the constitutionality of Executive Order No.284. They argue that the subject E.O. is unconstitutional because it, in effect, allows Cabinet

members, their undersecretaries and assistant secretaries to hold other government offices or

positions in addition to their primary positions in violation of Sec. 13, Art. VII of theConstitution which, according to the petitioners provides an absolute prohibition against these

public officers from holding other offices or positions. They argue that the public respondents

incorrectly applied the exception provided in Sec. 7 par (2), Art. IX-B of the Constitution withSec. 13, VII thereof. This is because, according to the petitioners, the public respondents

interpret these two provisions to mean that that Cabinet members, their deputies

(undersecretaries) and assistant secretaries may hold other public office, including membership

in the boards of government corporations: (a) when directly provided for in the Constitution as inthe case of the Secretary of Justice who is made an ex-officio member of the Judicial and Bar

Council under Section 8, paragraph 1, Article VIII; or (b) if allowed by law; or (c) if allowed by

the primary functions of their respective positions. In sum, the constitutionality of Executive

Order No. 284 is being challenged by petitioners on the principal submission that it addsexceptions to Section 13, Article VII other than those provided in the Constitution. That the only

exception provided by Sec. 13, Art. VII is limited to (1) The Vice-President may be appointed asa Member of the Cabinet under Section 3, par. (2), Article VII thereof; and (2) the Secretary of

Justice is an ex-officio member of the Judicial and Bar Council by virtue of Section 8 (1),

PArticle VIII and nothing else. Petitioners further argue that the exception to the prohibition in

Section 7, par. (2), Article I-XB on the Civil Service Commission applies to officers andemployees of the Civil Service in general and that said exceptions do not apply and cannot be

extended to Section 13, Article VII which applies specifically to the President, Vice-President,

Members of the Cabinet and their deputies or assistants.On the other hand, the public respondents posited that the phrase "unless otherwise provided in

the Constitution" in Section 13, Article VII makes reference to Section 7, par. (2), Article I-XB

insofar as the appointive officials mentioned therein are concerned.

Issue: Does the prohibition in Section 13, Article VII of the 1987 Constitution insofar as Cabinet

members, their deputies or assistants are concerned admit of the broad exceptions made forappointive officials in general under Section 7, par. (2), Article IX-B

Held: No. The Court in resolving the issue traced the historical background these two provision

and concluded that the framers of the Constitution intended to provide stricter prohibition againstholding other office or employment with regards to the President, Vice-President, cabinet

members and their subalterns than the other civil servants in general. They declared that Sec. 7,

par. (2) of Art. IX-B of the Constitution as providing the general rule while Sec. 13, Art. VII laysdown the exception and not the other way around. The phrase "unless otherwise provided in this

Constitution" as contained in Sec. 13, Art. VII must be given a literal interpretation to refer only

to those particular instances cited in the Constitution itself, to wit: the Vice-President beingappointed as a member of the Cabinet under Section 3, par. (2), Article VII; or acting as

President in those instances provided under Section 7, pars. (2) and (3), Article VII; and, the

Secretary of Justice being ex-officio member of the Judicial and Bar Council by virtue of Section

8 (1), Article VIII. To this extent, the court clearly sided with the petitioners herein.


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The prohibition under Section 13, Article VII however, is not to be interpreted as covering

positions held without additional compensation in ex-officio capacities as provided by law and as

required by the primary functions of the concerned official's office. The term ex-officio means"from office; by virtue of office." It refers to an "authority derived from official character

merely, not expressly conferred upon the individual character, but rather annexed to the official

position." Ex-officio likewise denotes an "act done in an official character, or as a consequenceof office, and without any other appointment or authority than that conferred by the office." An

ex-officio member of a board is one who is a member by virtue of his title to a certain office, and

without further warrant or appointment. To illustrate, by express provision of law, the Secretaryof Transportation and Communications is the ex-officio Chairman of the Board of the Philippine

Ports Authority, and the Light Rail Transit Authority.

The respondents may nonetheless, be considered de facto officers and as such entitled to

emoluments for actual services rendered. It has been held that "in cases where there is no de jure,officer, a de facto officer, who, in good faith has had possession of the office and has discharged

the duties pertaining thereto, is legally entitled to the emoluments of the office, and may in an

appropriate action recover the salary, fees and other compensations attached to the office. This

doctrine is, undoubtedly, supported on equitable grounds since it seems unjust that the publicshould benefit by the services of an officer de facto and then be freed from all liability to pay any

one for such services. Any per diem, allowances or other emoluments received by therespondents by virtue of actual services rendered in the questioned positions may therefore be

retained by them.

66. Domingo v. Zamora


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On March 5, 1999, former President Joseph E. Estrada issued Executive Order No. 811[3] (EO

81 for brevity) entitled Transferring the Sports Programs and Activities of the Department of

Education, Culture and Sports to the Philippine Sports Commission and Defining the Role ofDECS in School-Based Sports.

In their Petition, petitioners argue that EO 81 is void and unconstitutional for being an unduelegislation by President Estrada. Petitioners maintain that the Presidents issuance of EO 81

violated the principle of separation of powers. Petitioners also challenge the DECS Memorandafor violating their right to security of tenure.

Although the issue is already academic, its significance constrains the Court to point out that

Executive Order No. 292 (EO 292 for brevity), otherwise known as the Administrative Code

of 1987, expressly grants the President continuing authority to reorganize the Office of thePresident. Section 31 of EO 292 provides:

SEC. 31. Continuing Authority of the President to Reorganize his Office. The President,

subject to the policy in the Executive Office and in order to achieve simplicity, economy andefficiency,shall have continuing authority to reorganize the administrative structure of the

Office of the President. For this purpose, he may take any of the following actions:

(1) Restructure the internal organization of the Office of the President Proper, including the

immediate Offices, the Presidential Special Assistants/Advisers System and the CommonSupport System, by abolishing, consolidating or merging units thereof or transferring functions

from one unit to another;

(2) Transfer any function under the Office of the President to any other Department or Agency as

well astransfer functions to the Office of the President from other Departments and Agencies ;

and

(3) Transfer any agency under the Office of the President to any other department or agency as

well as transfer agencies to the Office of the President from other Departments or Agencies.

(Emphasis supplied.)

Since EO 81 is based on the Presidents continuing authority under Section 31 (2) and (3) of EO292,2[8] EO 81 is a valid exercise of the Presidents delegated power to reorganize the Office of

the President. The law grants the President this power in recognition of the recurring need of

every President to reorganize his office to achieve simplicity, economy and efficiency. TheOffice of the President is the nerve center of the Executive Branch. To remain effective and

efficient, the Office of the President must be capable of being shaped and reshaped by thePresident in the manner he deems fit to carry out his directives and policies. After all, the Officeof the President is the command post of the President. This is the rationale behind the

Presidents continuing authority to reorganize the administrative structure of the Office of the

President.

1

2


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Petitioners contention that the DECS is not part of the Office of the President is immaterial.

Under EO 292, the DECS is indisputably a Department of the Executive Branch. Even if the

DECS is not part of the Office of the President, Section 31 (2) and (3) of EO 292 clearlyauthorizes the President to transfer any function or agency of the DECS to the Office of the

President. Under its charter, the PSC is attached to the Office of the President.3[9] Therefore, the

President has the authority to transfer the functions, programs and activities of DECS related tosports development4[10] to the PSC, making EO 81 a valid presidential issuance.

However, the Presidents power to reorganize the Office of the President under Section 31 (2)

and (3) of EO 292 should be distinguished from his power to reorganize the Office of the

PresidentProper. Under Section 31 (1) of EO 292, the President can reorganize the Office ofthe President Properby abolishing, consolidating or mergingunits, or by transferring

functions from one unit to another. In contrast, under Section 31 (2) and (3) of EO 292, the

Presidents power to reorganize offices outside the Office of the PresidentProperbut still withinthe Office of the President is limited to merely transferringfunctions or agencies from the

Office of the President to Departments or Agencies, and vice versa.

This distinction is crucial as it affects the security of tenure of employees. The abolition of an

office in good faith necessarily results in the employees cessation in office, but in such eventthere is no dismissal or separation because the office itself ceases to exist.5[11] On the other hand,

the transfer of functions or agencies does not result in the employees cessation in office because

his office continues to exist although in another department, agency or office. In the instant case,the BPESS employees who were not transferred to PSC were at first temporarily, then later

permanently reassigned to other offices of the DECS, ensuring their continued employment. At

any rate, RA 9155 now mandates that these employees shall be retained by the Department.

WHEREFORE, the instant petition is DISMISSED. No pronouncement as to costs.

67. Sarmiento v. Mison

Facts: Petitioners, who are taxpayers, lawyers, members of the IBP and professors of

Constitutional Law, seek to enjoin Salvador Mison from performing the functions of the Office

3

4

5


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of Commissioner of the Bureau of Customs and Guillermo Carague, as Secretary of the

Department of Budget, from effecting disbursements in payment of Misons salaries and

emoluments, on the ground that Misons appointment as Commissioner of the Bureau ofCustoms is unconstitutional by reason of its not having been confirmed by the Commission on

Appointments. The respondents, on the other hand, maintain the constitutionality of Misons

appointment without the confirmation of the Commission on Appointments.

Held: The Supreme Court held that the President has the authority to appoint Mison as

Commissioner of the Bureau of Customs without submitting his nomination to the Commissionon Appointments for confirmation, and thus, the latter is entitled the full authority and functions

of the office and receive all the salaries and emoluments pertaining thereto. Thus, the Supreme

Court dismissed the petition and the petition in intervention, without costs.

Express enumeration excludes others not enumerated:

It is an accepted rule in constitutional and statutory construction that an express enumeration of

subjects excludes others not enumerated. In the case at bar, it would follow that only those

appointments to positions expressly stated in the first group require the consent (confirmation) ofthe Commission on Appointments.

68. Pimentel v. Ermita


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The petition questions the constitutionality of President Arroyos appointment of respondents as

acting secretaries without the consent of the Commission on Appointments while Congress is in

session.

a. The power to appoint is essentially executive in nature, and the legislature may not interfere

with the exercise of this executive power except in those instances when the Constitutionexpressly allows it to interfere. Limitations on the executive power to appoint are construed

strictly against the legislature. The scope of the legislatures interference in the executives

power to appoint is limited to the power to prescribe the qualifications to an appointive office.Congress cannot appoint a person to an office in the guise of prescribing qualifications to that

office. Neither may Congress impose on the President the duty to appoint any particular person

to an office.

However, even if the Commission on Appointments is composed of members of Congress,

the exercise of its powers is executive and not legislative. The Commission on Appointments

does not legislate when it exercises its power to give or withhold consent to presidential

appointments. Thus:

xxx The Commission on Appointments is a creature of the Constitution.Although its membership is confined to members of Congress, said Commission

is independent of Congress. The powers of the Commission do not come from

Congress, but emanate directly from the Constitution. Hence, it is not an agent of

Congress. In fact, the functions of the Commissioner are purely executive innature. xxx

b. Petitioners contend that President Arroyo should not have appointed respondents as acting

secretaries because in case of a vacancy in the Office of a Secretary, it is only an

Undersecretary who can be designated as Acting Secretary. Petitioners base their argument on

Section 10, Chapter 2, Book IV of Executive Order No. 292 (EO 292), which enumerates the

powers and duties of the undersecretary.

Petitioners and respondents maintain two diametrically opposed lines of thought. Petitioners

assert that the President cannot issue appointments in an acting capacity to departmentsecretaries while Congress is in session because the law does not give the President such power.

In contrast, respondents insist that the President can issue such appointments because no law

prohibits such appointments.

The essence of an appointment in an acting capacity is its temporary nature. It is a stop-gap measure intended to fill an office for a limited time until the appointment of a permanent

occupant to the office. In case of vacancy in an office occupied by an alter ego of the President,such as the office of a department secretary, the President must necessarily appoint an alter ego

of her choice as acting secretary before the permanent appointee of her choice could assume

office.


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Congress, through a law, cannot impose on the President the obligation to appoint

automatically the undersecretary as her temporary alter ego. An alter ego, whether temporary

or permanent, holds a position of great trust and confidence. Congress, in the guise ofprescribing qualifications to an office, cannot impose on the President who heralter ego should

be.

The office of a department secretary may become vacant while Congress is in session.

Since a department secretary is the alter ego of the President, the acting appointee to the office

must necessarily have the Presidents confidence. Thus, by the very nature of the office of adepartment secretary, the President must appoint in an acting capacity a person of her choice

even while Congress is in session. That person may or may not be the permanent appointee, but

practical reasons may make it expedient that the acting appointee will also be the permanent

appointee.

The law expressly allows the President to make such acting appointment. Section 17,

Chapter 5, Title I, Book III of EO 292 states that [t]he President may temporarily designate an

officer already in the government service orany other competent person to perform thefunctions of an office in the executive branch. Thus, the President may even appoint in an

acting capacity a person not yet in the government service, as long as the President deems thatperson competent.

In distinguishing ad interim appointments from appointments in an acting capacity, a

noted textbook writer on constitutional law has observed:

Ad-interim appointments must be distinguished from appointments in an

acting capacity. Both of them are effective upon acceptance. But ad-interimappointments are extended only during a recess of Congress, whereas acting

appointments may be extended any time there is a vacancy. Moreover ad-interim

appointments are submitted to the Commission on Appointments for confirmationor rejection; acting appointments are not submitted to the Commission on

Appointments. Acting appointments are a way of temporarily filling important

offices but, if abused, they can also be a way of circumventing the need forconfirmation by the Commission on Appointments.

69. De Rama v. CA


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Upon his assumption to the position of Mayor of Pagbilao, Quezon, petitioner Conrado L. de

Rama wrote a letter dated July 13, 1995 to the Civil Service Commission (or CSC), seeking the

recall of the appointments of fourteen (14) municipal employees

Petitioner de Rama justified his recall request on the allegation that the appointments of the said

employees were midnight appointments of the former mayor, Ma. Evelyn S. Abeja, done inviolation of Article VII, Section 15 of the 1987 Constitution

that the said prohibition applies only to presidential appointments. In truth and in fact, there isno law that prohibits local elective officials from making appointments during the last days of his

or her tenure. Petitioner certainly did not raise the issue of fraud on the part of the outgoing

mayor who made the appointments. Neither did he allege that the said appointments were

tainted by irregularities or anomalies that breached laws and regulations governing appointments.His solitary reason for recalling these appointments was that they were, to his personal belief,

midnight appointments which the outgoing mayor had no authority to make.

The grounds for the recall of the appointments that petitioner raised in his supplemental pleading

to the consolidated appeal and motion for reconsideration are that: (1) the rules on screening of

applicants based on adopted criteria were not followed; (2) there was no proper posting of notice

of vacancy; and (3) the merit and fitness requirements set by the civil service rules were not

observed.

The CSC correctly ruled, however, that the constitutional prohibition on so-called midnightappointments, specifically those made within two (2) months immediately prior to the next

presidential elections, applies only to the President or Acting President.

If ever there were other procedural or legal requirements that were violated in implementing the

appointments of the private respondents, the same were not seasonably brought before the CivilService Commission. These cannot be raised for the first time on appeal.

70. Appari v. CA


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On January 15, 1960, private respondents (as members of the Board of Directors of thedefunct National Resettlement and Rehabilitation Administration created under RepublicAct No. 1160, approved June 18, 1954 NARRA) approved the following resolution:

RESOLUTION NO. 13 (Series of 1960)

RESOLVED, as it is hereby resolved, to appoint Mr. Bruno 0. Aparri, as General Managerof the National Resettlement and Rehabilitation Administration (NARRA) with all therights, prerogatives and compensation appurtenant thereto to take effect on January 16,1960); RESOLVED FURTHER, as it is hereby resolved, to inform the President of thePhilippines of the above appointment of Mr. Aparri (p. 2, rec.).

Pursuant thereto, private respondent Remedies O. Fortich, in her capacity as Chairmanof the NARRA Board, appointed petitioner Bruno O. Aparri as reflected in the followingletter:

The power of the Board of Directors of the NARRA to appoint the general manager is

provided for in paragraph (2),Section 8, Republic Act No. 1160 (approved June 18,1954), to wit:

Sec. 8. Powers and Duties of the Board of Directors. The Board of Directors shall havethe following powers and duties: ...

2) To appoint and fix the term of office of General Manager ..., subject to therecommendation of the Office of Economic Coordination and the approval of thePresident of the Philippines, ....The Board, by a majority vote of all members, may, forcause, upon recommendation of the Office of Economic Coordination and with theapproval of the President of the Philippines, suspend and/or remove the GeneralManager and/or the Assistant General Manager (p. 46, rec., emphasis supplied).

On March 15, 1962, the same Board of Directors approved the following resolution:

RESOLUTION NO. 24 (Series of 1962)

WHEREAS, the Chairman of the Board has transmitted to the Board of Directors thedesire of the Office of the President Malacanang, Manila, to fix the term of officeof theincumbent General Manager up to the close of office hours on March 31, 1962, inaccordance with the provision of Section 8, sub-section 2 of R.A. No. 1160;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved, that the Board ofDirectors hereby fix, as it is hereby fixed, the term of office of the incumbent GeneralManager of the National Resettlement and Rehabilitation Administration (NARRA) to

March 31, 1962 (pp. 6-7, rec., emphasis supplied).

Petitioner filed a petition for mandamus with preliminary injunction with the then Court ofFirst Instance of Manila on March 29, 1962. The petition prayed to annul the resolutionof the NARRA Board dated March 15, 1962, to command the Board to allow petitionerto continue in office as General Manager until he vacates said office in accordance withlaw and to sentence the private respondents jointly and severally to pay the petitioneractual damages in the sum of P95,000.00, plus costs.


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On August 8, 1963, when the case was still pending decision in the lower court,Republic Act No. 3844, otherwise known as the Agricultural Land Reform Code, tookeffect. The said law abolished the NARRA (Sec. 73, R.A. 3844) and transferred itsfunctions and powers to the Land Authority. On October 21, 1963, the then Court ofFirst Instance of Manila rendered judgment, finding "that this case has become

academic by reason of the approval of the Agricultural Land Reform Code (Republic ActNo. 3844) and thereby dismissing the instant petition without pronouncement as tocosts" (p. 5, rec.).

whether or not Board Resolution No. 24 (series of 1962) was a removal or dismissal of

petitioner without cause.

The National Resettlement and Rehabilitation Administration (NARRA) was createdunder Republic Act No. 1160 (approved June 18,1954), Paragraph 2, Section 8 ofRepublic Act 1160 expressly gives to the Board of Directors of the NARRA the power"to appoint and fix the term of office of the general manager ... subject to the

recommendation of Economic Coordination and the approval of the President of thePhilippines" (emphasis supplied).

By "appointment" is meant the act of designation by the executive officer, board orbody, to whom that power has been delegated, of the individual who is to exercise thefunctions of a given office (Mechem op. cit., Sec. 102). When the power of appointmentis absolute, and the appointee has been determined upon, no further consent orapproval is necessary, and the formal evidence of the appointment, the commission,may issue at once. Where, however, the assent or confirmationof some other officer orbody is required, the Commission can issue or the appointment is complete only whensuch assent or condition is obtained (People vs. Bissell, 49 Cal. 407). To constitute an

"appointment" to office, there must be some open, unequivocal act of appointment onthe part of the appointing authority empowered to make it, and it may be said that anappointment to office is made and is complete when the last act required of theappointing authority has been performed(Molnar vs. City of Aurora, 348 N.E. 2d 262,38 III App. 3d 580). In either case, the appointment becomes complete when the last actrequired of the appointing power is performed (State vs. Barbour, 53 Conn. 76, 55 Am.Rep. 65).

The petitioner was appointed as general manager pursuant to Resolution No. 13 (seriesof 1960 approved on January 15, 1960) of the Board of Directors. A careful perusalof the resolution points out the fact that the appointment is by itself incomplete because

of the lack of approval of the President of the Philippines to such appointment.

Presumably, the Board of Directors of the NARRA expected that such appointment begiven approval by the then President. Lacking such approval by the President asrequired by the law (par. 2, Sec. 8 of R.A. 1160), the appointment of petitioner was notcomplete. The petitioner can, at best, be classified as a de facto officer because heassumed office "under color of a known appointment or election, void because theofficer was not eligible or because there was a want of power in the electing body, or by


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reasons of some defect or irregularity in its exercise, such ineligibility, want of power, ordefect being unknown to the public" (State vs. Carroll, 38 Conn. 449, 9Am. Rep. 409).

However, such appointment was made complete upon approval of Resolution No. 24(series of 1962-approved March 15, 1962) wherein the President submitted to the Board

his "desire" to fix the term of office of the petitioner up to the close of office hours onMarch 31, 1962. The questioned resolution corrected whatever requisite lacking in theearlier Resolution No. 13 of the respondent Board. Resolution No. 24, approved by therespondent Board and pursuant to "the desire of the President" legally fixed the term ofoffice of petitioner as mandated by paragraph 2, Section 8 of Republic Act 1160.

The word "term" in a legal sense means a fixed and definite period of time which the lawdescribes that an officer may hold an office (Sueppel vs. City Council of Iowa City, 136N.W. 2D 523, quoting 67 CJS OFFICERS, secs. 42, 54[1]). According to Mochem, theterm of office is the period during which an office may be held. Upon the expiration ofthe officer's term, unless he is authorized by law to hold over, his rights, duties and

authority as a pubic officer must ipso facto cease (Mechem, op. cit., Secs. 396-397). Inthe law on Public Officers, the most natural and frequent method by which a publicofficer ceases to be such is by the expiration of the term for which he was elected orappointed. The question of when this event has occurred depends upon a number ofconsiderations, the most prominent of which, perhaps, are whether he was originallyelected or appointed for a definite term orfor a term dependent upon some act orevent ... (Mechem op. cit., Sec. 384).

In the case at bar, the term of office is not fixed by law. However, the power to fix theterm is vested in the Board of Directors subjectto the recommendation of the Office ofEconomic Coordination and the approval of the President of the Philippines. Resolution

No. 24 (series of 1962) speaks of no removal but an expiration of the term of office ofthe petitioner. The statute is undeniably clear.

Removal entails the ouster of an incumbent before the expiration of his term (Manalangvs. Quitoriano, 50 O.G. 2515). The petitioner in this case was not removed before theexpiration of his term. Rather, his right to hold the office ceased by the expiration onMarch 31, 1962 of his term to hold such office.

71. DENR v. DENR XII


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On November 15, 1999, Regional Executive Director of the Department of Environment and

Natural Resources for Region XII, Israel C. Gaddi, issued a Memorandum6directing the

immediate transfer of the DENR XII Regional Offices from Cotabato City to Koronadal

(formerly Marbel), South Cotabato.

(1) Whether the DENR Secretary has the authority to reorganize the DENR.

the elementary doctrine of qualified political agency, thus:

Under this doctrine, which recognizes the establishment of a single executive, all executive and

administrative organizations are adjuncts of the Executive Department, the heads of the various

executive departments are assistants and agents of the Chief Executive, and, except in caseswhere the Chief Executive is required by the Constitution or law to act in person or the

exigencies of the situation demand that he act personally, the multifarious executive and

administrative functions of the Chief Executive are performed by and through the executive

departments, and the acts of the Secretaries of such departments, performed and promulgated in

the regular course of business, are, unless disapproved or reprobated by the Chief Executive,presumptively the acts of the Chief Executive.

This doctrine is corollary to the control power of the President as provided for under Article VII,Section 17 of the 1987 Constitution, which reads:

Sec. 17. The President shall have control of all the executive departments, bureaus, and offices.

He shall ensure that the laws be faithfully executed.

However, as head of the Executive Department, the President cannot be expected to exercise his

control (and supervisory) powers personally all the time. He may delegate some of his powers to

the Cabinet members except when he is required by the Constitution to act in person or the

exigencies of the situation demand that he acts personally.

Similarly, in the case at bar, the DENR Secretary can validly reorganize the DENR by ordering

the transfer of the DENR XII Regional Offices from Cotabato City to Koronadal, South

Cotabato. The exercise of this authority by the DENR Secretary, as an alter ego, is presumed tobe the acts of the President for the latter had not expressly repudiated the same.

72. Aquilino Pimentel vs. Aguirre(G.R. No. 132988, July 19, 2000)

6


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FACTS of the Case:

On December, 1997, the President issued AO 372 (Adoption of Economy Measures in

Government for FY 1998). The AO provided that (a) 10% of the Internal Revenue allotment

to LGUs is withheld. Further it (b) "directs" LGUs to reduce their expenditures by 25 percent

Subsequently, on December 10, 1998, President Estrada issued AO 43, amending Section 4

of AO 372, by reducing to five percent (5%) the amount of internal revenue allotment (IRA)to be withheld from the LGUs.

Petitioner contends that by issuing AO 372, the President exercised the power ofcontrol

over LGUs in contravention of law. Moreover, withholding 10% of the IRA is in contravention

of Sec 286 LGC and of Sec 6 Article X of the Constitution, providing for the automatic release

to each of these units its share in the national internal revenue.

The Solicitor General, on the other hand, argues that the aforesaid AO was purportedly

in order to cope with the nations economic difficulties brought about by the peso

depreciation on that said period. Further, he claims that AO 372 was issued merely as an

exercise of the Presidents power ofsupervision over LGUs. It allegedly does not violate local

fiscal autonomy, because it merely directs local governments to identify measures that willreduce their total expenditures for non-personal services by at least 25 percent. Likewise,

the withholding of 10 percent of the LGUs IRA does not violate the statutory prohibition on

the imposition of any lien or holdback on their revenue shares, because such withholding is

"temporary in nature pending the assessment and evaluation by the Development

Coordination Committee of the emerging fiscal situation."

ISSUES:

1. WON Section 1 of AO 372, insofar as it "directs" LGUs to reduce their expendituresby 25 percent is a valid exercise of the President's power of general supervision overlocal governments.

2. WON Section 4 of AO 372, which withholds 10 percent of their internal revenueallotments, are valid exercises of the President's power of general supervision overlocal governments.

HELD:

1.YES. There are several requisites before the President may interfere in local fiscalmatters: (1) an unmanaged public sector deficit of the national government; (2)consultations with the presiding officers of the Senate and the House of Representatives andthe presidents of the various local leagues; and (3) the corresponding recommendation ofthe secretaries of the Department of Finance, Interior and Local Government, and Budget

and Management. Furthermore, any adjustment in the allotment shall in no case be lessthan thirty percent (30%) of the collection of national internal revenue taxes of the thirdfiscal year preceding the current one.7

Petitioner points out that respondents failed to comply with the above requisitesbefore the issuance and the implementation of AO 372. At the very least, therespondents did not even try to show that the national government was suffering

7284 (c) of the Local Government Code.


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from an unmanageable public sector deficit. Neither did they claim havingconducted consultations with the different leagues of local governments. Withoutthese requisites, the President has no authority to adjust, much less to reduce,unilaterally the LGU's internal revenue allotment.

Although the Supreme Court agrees with the Petitioner that the requisiteswere not complied with, it still holds that the Presidents directive in AO 372 is in

conformity with law, and does constitute interference to local autonomy. There isinterference if Section 1 of AO 372 was couched in mandatory or bindinglanguage. While the wordings of Section 1 of AO 3728 have a rather commandingtone, the provision is merely an advisory to prevail upon local executives torecognize the need for fiscal restraint in a period of economic difficulty. Indeed, allconcerned would do well to heed the President's call to unity, solidarity andteamwork to help alleviate the crisis. It is understood, however, that no legalsanction may be imposed upon LGUs and their officials who do not follow suchadvice.

2. NO. A basic feature of local fiscal autonomy is the automatic release of the shares ofLGUs in the national internal revenue as mandated by the Constitution. The Local

Government Code. specifies further that the release shall be made directly to theLGU concerned within five (5) days after every quarter of the year and "shall not besubject to any lien or holdback that may be imposed by the national government forwhatever purpose.

The use of the term "shall" shows that the provision is imperative. Therefore,Section 4 of AO 372, which orders the withholding of 10 percent of the LGUs' IRA"pending the assessment and evaluation by the Development Budget CoordinatingCommittee of the emerging fiscal situation" in the country clearly contravenes theConstitution and the law. Although temporary, it is equivalent to a holdback, whichmeans "something held back or withheld, often temporarily. Hence, the "temporary"nature of the retention by the national government does not matter. Any retention isprohibited. Therefore, the President clearly overstepped the bounds of his lawful

authority when he issued Section 4 of AO 372.

In administrative law, supervision means overseeing or the power or authority ofan officer to see that subordinate officers perform their duties. If the latter fail or neglect

to fulfill them, the former may take such action or step as prescribed by law to make them

perform their duties. Control, on the other hand, means the power of an officer to alter or

modify or nullify or set aside what a subordinate officer ha[s] done in the performance ofhis duties and to substitute the judgment of the former for that of the latter

the difference between control and supervision was further delineated. Officers in control laydown the rules in the performance or accomplishment of an act. If these rules are not followed,they may, in their discretion, order the act undone or redone by their subordinates or even decide

to do it themselves. On the other hand, supervision does not cover such authority. Supervising

officials merely see to it that the rules are followed, but they themselves do not lay down suchrules, nor do they have the discretion to modify or replace them. If the rules are not observed,

8The above Section states that (LGUs must) "identify and implement measures x x x that will reduce total

expenditures x x x by at least 25% of authorized regular appropriation."


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they may order the work done or redone, but only to conform to such rules. They may not

prescribe their own manner of execution of the act. They have no discretion on this matter

except to see to it that the rules are followed.

"Now, autonomy is either decentralization of administration or decentralization of power. There

is decentralization of administration when the central government delegates administrativepowers to political subdivisions in order to broaden the base of government power and in the

process to make local governments 'more responsive and accountable,' and 'ensure their fullestdevelopment as self-reliant communities and make them more effective partners in the pursuit of

national development and social progress.' At the same time, it relieves the central government of

the burden of managing local affairs and enables it to concentrate on national concerns. ThePresident exercises 'general supervision' over them, but only to 'ensure that local affairs are

administered according to law.' He has no control over their acts in the sense that he can

substitute their judgments with his own.

Decentralization of power, on the other hand, involves an abdication of political power in the

favor of local government units declared to be autonomous. In that case, the autonomousgovernment is free to chart its own destiny and shape its future with minimum intervention from

central authorities. According to a constitutional author, decentralization of power amounts to'self-immolation,' since in that event, the autonomous government becomes accountable not to

the central authorities but to its constituency."

73. Manalo v. Sistoza

petitioners question the constitutionality and legality of the permanent appointments issued by

former President Corazon C. Aquino to the respondent senior officers of the Philippine National

Police who were promoted to the ranks of Chief Superintendent and Director without theirappointments submitted to the Commission on Appointments for confirmation under Section 16,

Article VII of the 1987 Constitution and Republic Act 6975 otherwise known as the Local


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Government Act of 1990. Impleaded in the case is the former Secretary of Budget and

Management Salvador M. Enriquez III, who approved and effected the disbursements for the

salaries and other emoluments of subject police officers.

the heads of the executive departments, ambassadors, other public ministers and consuls, officers

of the armed forces from the rank of colonel or naval captain, and other officers whoseappointments are vested in him in this Constitution. It is well-settled that only presidential

appointments belonging to the first group require the confirmation by the Commission on

Appointments. The appointments of respondent officers who are not within the first category,

need not be confirmed by the Commission on Appointments. Congress cannot by law expand

the power of confirmation of the Commission on Appointments and require confirmation of

appointments of other government officials not mentioned in the first sentence of Section 16 of

Article VII of the 1987 Constitution.

Consequently, unconstitutional are Sections 26 and 31 of Republic Act 6975 which empower the

Commission on Appointments to confirm the appointments of public officials whoseappointments are not required by the Constitution to be confirmed. But the unconstitutionality of

the aforesaid sections notwithstanding, the rest of Republic Act 6975 stands. It is well-settled

that when provisions of law declared void are severable from the main statute and the removal of

the unconstitutional provisions would not affect the validity and enforceability of the other

provisions, the statute remains valid without its voided sections.

74. IBP v. Zamora

At bar is a special civil action forcertiorari and prohibition with prayer for issuance of a

temporary restraining order seeking to nullify on constitutional grounds the order of President

Joseph Ejercito Estrada commanding the deployment of the Philippine Marines (the Marines)to join the Philippine National Police (the PNP) in visibility patrols around the metropolis.


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In view of the alarming increase in violent crimes in Metro Manila, like robberies, kidnappings

and carnappings, the President, in a verbal directive, ordered the PNP and the Marines to conduct

joint visibility patrols for the purpose of crime prevention and suppression.

Whether or not the Presidents factual determination of the necessity of calling the armed forces

is subject to judicial review; and, (3) Whether or not the calling of the armed forces to assist thePNP in joint visibility patrols violates the constitutional provisions on civilian supremacy overthe military and the civilian character of the PNP.

In the case at bar, the bone of contention concerns the factual determination of the President of

the necessity of calling the armed forces, particularly the Marines, to aid the PNP in visibility

patrols. In this regard, the IBP admits that the deployment of the military personnel falls under

the Commander-in-Chief powers of the President as stated in Section 18, Article VII of the

Constitution, specifically, the power to call out the armed forces to prevent or suppress lawless

violence, invasion or rebellion. What the IBP questions, however, is the basis for the calling of

the Marines under the aforestated provision. According to the IBP, no emergency exists thatwould justify the need for the calling of the military to assist the police force. It contends that no

lawless violence, invasion or rebellion exist to warrant the calling of the Marines. Thus, the IBP

prays that this Court review the sufficiency of the factual basis for said troop [Marine]

deployment.

When the President calls the armed forces to prevent or suppress lawless violence, invasion orrebellion, he necessarily exercises a discretionary power solely vested in his wisdom. This is

clear from the intent of the framers and from the text of the Constitution itself. The Court, thus,

cannot be called upon to overrule the Presidents wisdom or substitute its own. However, this

does not prevent an examination of whether such power was exercised within permissibleconstitutional limits or whether it was exercised in a manner constituting grave abuse of

discretion. In view of the constitutional intent to give the President full discretionary power to

determine the necessity of calling out the armed forces, it is incumbent upon the petitioner toshow that the Presidents decision is totally bereft of factual basis. The present petition fails to

discharge such heavy burden as there is no evidence to support the assertion that there exist no

justification for calling out the armed forces. There is, likewise, no evidence to support theproposition that grave abuse was committed because the power to call was exercised in such a

manner as to violate the constitutional provision on civilian supremacy over the military. In the

performance of this Courts duty of purposeful hesitation before declaring an act of another

branch as unconstitutional, only where such grave abuse of discretion is clearly shown shall the

Court interfere with the Presidents judgment. To doubt is to sustain.

The reason for the difference in the treatment of the aforementioned powers highlights the intent

to grant the President the widest leeway and broadest discretion in using the power to call outbecause it is considered as the lesser and more benign power compared to the power to suspend

the privilege of the writ ofhabeas corpus and the power to impose martial law, both of which

involve the curtailment and suppression of certain basic civil rights and individual freedoms, and

thus necessitating safeguards by Congress and review by this Court. under Section 18, Article


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VII of the Constitution, in the exercise of the power to suspend the privilege of the writ ofhabeas corpus or to impose martial law, two conditions must concur: (1) there must be an actual

invasion or rebellion and, (2) public safety must require it. These conditions are not required inthe case of the power to call out the armed forces. The only criterion is that whenever it

becomes necessary, the President may call the armed forces to prevent or suppress lawless

violence, invasion or rebellion." The implication is that the President is given full discretion andwide latitude in the exercise of the power to call as compared to the two other powers.

75. Sanlakas v. Reyes

In the wake of the Oakwood occupation, the President issued later in the day Proclamation No.

427 and General Order No. 4, both declaring a state of rebellion and calling out the Armed

Forces to suppress the rebellion.


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In G.R. No. 159085 (Sanlakas and PM v. Executive Secretary, et al.), party-list organizations

Sanlakas and Partido ng Manggagawa (PM), contend that Section 18, Article VII of the

Constitution does not require the declaration of a state of rebellion to call out the armed forces.They further submit that, because of the cessation of the Oakwood occupation, there exists no

sufficient factual basis for the proclamation by the President of a state of rebellion for an

indefinite period.

Petitioners in G.R. No. 159103 (SJS Officers/Members v. Hon. Executive Secretary, et al.) areofficers/members of the Social Justice Society (SJS), Filipino citizens, taxpayers, law professors

and bar reviewers. Like Sanlakas and PM, they claim that Section 18, Article VII of the

Constitution does not authorize the declaration of a state of rebellion. They contend that thedeclaration is a constitutional anomaly that confuses, confounds and misleads because

[o]verzealous public officers, acting pursuant to such proclamation or general order, are liable

to violate the constitutional right of private citizens. Petitioners also submit that theproclamation is a circumvention of the report requirement under the same Section 18, Article

VII, commanding the President to submit a report to Congress within 48 hours from the

proclamation of martial law. Finally, they contend that the presidential issuances cannot beconstrued as an exercise of emergency powers as Congress has not delegated any such power tothe President.

ISSUE:

Whether or not the declaration of a state of rebellion is constitutional

RULING:

Presidents Commander-in-Chief Powers

The above provision grants the President, as Commander-in-Chief, a sequence of graduated

power[s]. From the most to the least benign, these are: the calling out power, the power to

suspend the privilege of the writ of habeas corpus, and the power to declare martial law. In the

exercise of the latter two powers, the Constitution requires the concurrence of two conditions,

namely, an actual invasion or rebellion, and that public safety requires the exercise of such

power. However, as we observed in Integrated Bar of the Philippines v. Zamora, [t]hese

conditions are not required in the exercise of the calling out power. The only criterion is that

whenever it becomes necessary, the President may call the armed forces to prevent or suppress

lawless violence, invasion or rebellion.

Nevertheless, it is equally true that Section 18, Article VII does not expressly prohibit the

President from declaring a state of rebellion. Note that the Constitution vests the President not

only with Commander-in-Chief powers but, first and foremost, with Executive powers.

xxx the Commander-in-Chief powers are broad enough as it is and become more so when taken


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together with the provision on executive power and the presidential oath of office. Thus, the

plenitude of the powers of the presidency equips the occupant with the means to address

exigencies or threats which undermine the very existence of government or the integrity of the

State.

xxx

Thus, the Presidents authority to declare a state of rebellion springs in the main from her powers

as chief executive and, at the same time, draws strength from her Commander-in-Chief powers.

xxx

Declaration of State of Rebellion is Superfluity

The foregoing discussion notwithstanding, in calling out the armed forces, a declaration of a state

of rebellion is an utter superfluity. At most, it only gives notice to the nation that such a stateexists and that the armed forces may be called to prevent or suppress it. Perhaps the declaration

may wreak emotional effects upon the perceived enemies of the State, even on the entire nation.

But this Courts mandate is to probe only into the legal consequences of the declaration. This

Court finds that such a declaration is devoid of any legal significance. For all legal intents, the

declaration is deemed not written.

Should there be any confusion generated by the issuance of Proclamation No. 427 and General

Order No. 4, we clarify that, as the dissenters in Lacson correctly pointed out, the mere

declaration of a state of rebellion cannot diminish or violate constitutionally protected rights.

Indeed, if a state of martial law does not suspend the operation of the Constitution orautomatically suspend the privilege of the writ of habeas corpus, then it is with more reason that

a simple declaration of a state of rebellion could not bring about these conditions. At any rate,

the presidential issuances themselves call for the suppression of the rebellion with due regard to

constitutional rights.

But Declaration of State of Rebellion is not Declaration of Martial Law; Exercise of Emergency

Powers by President does not necessarily follow

The argument that the declaration of a state of rebellion amounts to a declaration of martial law

and, therefore, is a circumvention of the report requirement, is a leap of logic. There is no

indication that military tribunals have replaced civil courts in the theater of war or that military

authorities have taken over the functions of civil government. There is no allegation of

curtailment of civil or political rights. There is no indication that the President has exercised

judicial and legislative powers. In short, there is no illustration that the President has attempted

to exercise or has exercised martial law powers.


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Nor by any stretch of the imagination can the declaration constitute an indirect exercise of

emergency powers, which exercise depends upon a grant of Congress pursuant to Section 23 (2),

Article VI of the Constitution:

Sec. 23. (1) .

(2) In times of war or other national emergency, the Congress may, by law, authorize the

President, for a limited period and subject to such restrictions as it may prescribe, to exercise

powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by

resolution of the Congress, such powers shall cease upon the next adjournment thereof.

The petitions do not cite a specific instance where the President has attempted to or has exercised

powers beyond her powers as Chief Executive or as Commander-in-Chief. The President, in

declaring a state of rebellion and in calling out the armed forces, was merely exercising a

wedding of her Chief Executive and Commander-in-Chief powers. These are purely executivepowers, vested on the President by Sections 1 and 18, Article VII, as opposed to the delegated

legislative powers contemplated by Section 23 (2

76. Bayan v. Zamora

FACTS :

On March 14, 1947, the Philippines and the United States of America forged a military bases

agreement which formalized, among others, the use of installations in the Philippine territory bythe US military personnel. To further strengthen their defense and security relationship, the


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Philippines and the US entered into a Mutual Defense Treaty on August 30, 1951. Under the

treaty, the parties agreed to respond to any external armed attack on their territory, armed forces,

public vessels and aircraft.

In 1991, with the expiration of RP-US Military Bases Agreement, the periodic military exercises

between the two countries were held in abeyance. However, the defence and security relationshipcontinued pursuant to the Mutual Defense Treaty. On July 18, 1997 RP and US exchanged notes

and discussed, among other things, the possible elements of the Visiting Forces Agreement(VFA). Negotiations by both panels on VFA led to a consolitdated draft text and a series of

conferences. Eventually, President Fidel V. Ramos approved the VFA.

On October 5, 1998 President Joseph E. Estrada ratified the VFA thru respondent Secretary of

Foreign Affairs. On October 6, 1998, the President, acting thru Executive Secretary Zamoraofficially transmitted to the Senate, the Instrument of Ratification, letter of the President and the

VFA for approval. It was approved by the Senate by a 2/3 vote of its members. On June 1, 1999,

the VFA officially entered into force after an exchange of notes between Secretary Siazon and

US Ambassador Hubbard.

The VFA provides for the mechanism for regulating the circumstances and conditions under

which US Armed Forces and defense personnel may be present in the Philippines. Hence this

petition for certiorari and prohibition, assailing the constitutionality of the VFA and imputinggrave abuse of discretion to respondents in ratifying the agreement.

ISSUE : Whether or not the VFA is unconstitutional.

RULING :

Petition is dismissed.

The 1987 Philippine Constitution contains two provisions requiring the concurrence of theSenate on treaties or international agreements. Sec. 21 Art. VII, which respondent invokes, reads:

No treaty or international agreement shall be valid and effective unless concurred in by at least

2/3 of all the Members of the Senate. Sec. 25 Art. XVIII provides : After the expiration in 1991

of the Agreement between the RP and the US concerning Military Bases, foreign military bases,troops or facilities shall not be allowed in the Philippines except under a treaty duly concurred in

and when the Congress so requires, ratified by a majority of votes cast by the people in a national

referendum held for that purpose, and recognized as a treaty by the Senateby the othercontracting state.

The first cited provision applies to any form of treaties and international agreements in general

with a wide variety of subject matter. All treaties and international agreements entered into by

the Philippines, regardless of subject matter, coverage or particular designation requires theconcurrence of the Senate to be valid and effective.

In contrast, the second cited provision applies to treaties which involve presence of foreign

military bases, troops and facilities in the Philippines. Both constitutional provisions share some


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common ground. The fact that the President referred the VFA to the Senate under Sec. 21 Art.

VII, and that Senate extended its concurrence under the same provision is immaterial.

Undoubtedly, Sec. 25 Art. XVIII which specifically deals with treaties involving foreign militarybases and troops should apply in the instant case. Hence, for VFA to be constitutional it must

sufficiently meet the following requisites :

a) it must be under a treaty

b) the treaty must be duly concurred in by the Senate, and when so required by Congress, ratified

by a majority of votes cast by the people in a national referendum

c) recognized as a treaty by the other contracting State

There is no dispute in the presence of the first two requisites. The third requisite implies that the

other contracting party accepts or acknowledges the agreement as a treaty. Moreover, it is

inconsequential whether the US treats the VFA only as an executive agreement because, underinternational law, an executive agreement is as binding as a treaty. They are equally binding

obligations upon nations. Therefore, there is indeed marked compliance with the mandate of the

constitution.

The court also finds that there is no grave abuse of discretion on the part of the executivedepartment as to their power to ratify the VFA.

60-75 Constitutional Law

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