CONSTITUTIONAL LAW NOTES

CONSTITUTIONAL LAW NOTES

By: Evelyn Chua Bergantinos-De Matias

PEOPLE’S INITIATIVE AND REFERENDUM

(Lambino et al. vs Comelec GR No. 174153)

3 Ways to Amend Constitution:

1. thru Congress by ¾ of votes by its members } can propose both revision & amendment

2. thru Constitutional Commission                    } of Constitution

3. thru People’s Initiative   à may only propose an amendment of the Constitution

Requirements for People’s Initiative:

1. People must author and sign the proposal with no agent or representative allowed to sign on their behalf.
2. The full text of the proposed amendments must be written on the face of the petition or attached to it.

PARTY LIST INVIOLABLE PARAMETERS:

(Veterans vs Comelec GR no. 136781)

1. 20% Allocation à combined no, of all party list congressmen shall not exceed 20% of the total membership of the House of Representative
2. 2% Threshold  à only parties garnering a minimum of 2% of the total valid votes cast for the party list system are qualified to have a seat in the House
3. 3-seat Limit  à each qualified party, regardless of the no, of votes it actually obtained is entitled to a maximum of 3 seats only – 1 qualifying and 2 additional seats
4. Proportionate Representation  à the additional seat which a qualified party is entitled to shall be computed in proportion to their total no. of votes

GUIDELINES FOR POLITICAL PARTIES TO BE REGISTERED UNDER THE PARTY LIST SYSTEM

(Ang Bagong Bayani-OFW Labor Party vs Comelec  GR NO. 147589)

1. Must represent marginalized and under-represented sectors
2. Major political parties must comply with this statutory policy
3. Must be subject to Constitutional prohibition against religious sects
4. Party must not be disqualified under RA 7941 (Party List System Act)
5. Party must not be an adjunct to projects funded by the govt.
6. Party and its representatives must comply with the law requirements
7. The nominee must represent a marginalized or under-represented sector
8. The nominee must be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation.

ANIMOS MANINDI  à  intention to return permanently and reside in the place of origin

ANIMOS REVERTINDI à continuously going back to the place of residence

ELEMENTS OF LOSING DOMICILE:

(Aquino vs Comelec  248 SCRA 400)

1. Actual change from 1 place to another
2. Bonafide intention of abandoning old and establishing a new one
3. Definite act for the purpose

DELEGATION OF LEGISLATIVE POWER MAY BE THROUGH:

1. By the provision of the Constitution (such as when Congress delegate its power to the Pres. To fix tariff rates, etc..)
2. In times of war and national emergency

    à emergency power delegated to the Pres. By Congress shall cease to be effective when the Congress convene and at the end of the war.

3. Congress itself who delegates its power

          à such as delegation of power in the local municipalities

4. POWER OF SUBORDINATE LEGISLATION

         à expertise of some agencies sought by the Congress coming from the executive dept.

TEST FOR VALIDITY OF DELEGATION OF POWER IN SUBORDINATE LEGISLATION:

1. COMPLETENESS TEST

   à the provision is complete as there is nothing left for the executive department to do but to implement the law.

2. SUFFICIENT STANDARD TEST

  à boundaries as to the extent of the implementation and function of the executive department in implementing the law are stipulated with guidelines, limitations, and boundaries

TERM à the period of time allotted to the office by law.

TENURE  à  period during which an official actually holds office.

GROUNDS ON WHICH A TERM OF OFFICE MAY BE SHORTENED:

1. Holding any office or employment in the govt. or any subdivision, agency or instrumentality thereof.
2. Expulsion as a disciplinary action for a disorderly behavior
3. Disqualification as determined by resolution of the electoral tribunal in an election contest
4. Voluntary renunciation of office

COMPOSITION OF ELECTORAL TRIBUNAL

- 9 MEMBERS   ( 3 Justices + 6 members of either houses)

            - Chairman is the Senior Justice

COMPOSITION OF COMMISSION ON APPOINTMENTS

-         1 chairman (Senate Pres.)

-         12 members from the House of Rep

-         12 members of the Senate

PROVISIONS ON SENATE INQUIRY (Blue Ribbon Committee)

1. Inquiry should be in aid of legislation only.
2. Must be in accordance to the duly published rules of procedure
3. It should respect the rights of the person under query or investigation

SUBSTITUTED BILL

     à Because the Congress has the power to alter, amend, or change the bill from the lower house, the approved bill coming from the lower house may no longer be the original version that emanates from its author that comes from the House of Rep.

     à This does not violate the Constitutional provision that mandates all appropriation, tariff and revenue bills should emanate from the House of Rep. since the original bill come from the lower house itself and the Congress only made some changes on it, making it a substituted bill.

ANTICIPATED BILL

    à the bill coming from the lower house has the same counterpart in the Senate and the approved bill was the Senate version. This does not violate the Constitution as long as the lower house submitted their version first.

PURPOSE OF RESTRICTION OF 1 SUBJECT 1 TITLE PRINCIPLE

1. To prevent log rolling / hodgepodge legislation
2. To prevent fraud upon legislature
3. To appraise the public upon the subject of legislature

VETO RULE

General Rule  à  once a provision of a bill is vetoed by the President the entire bill is considered as vetoed.

EXCEPTION TO THE RULE:

1. In appropriation bill
2. In inappropriate provisions

à    where only items from the bill vetoed by the President are considered vetoed and does not affect the other parts/items of the bill.