Legislative Department [Assignment for July 25, 2018] (a) (b) (c) (d)
Read: Sections 1 to 32, Art. VI, VI, 1987 Constitution Constitution (pp. 675--819, Bernas, Bernas, 2009 ed.) th Read: pages 40-99, 40-99, Constitutional Law 1 Syllabus Syllabus (4 JD ed.) Read Article VII, Proposed Federal Constitution Constitution Read the following cases:
Is it within the ambit of legislative power when Congress re-enacted re- enacted the “or for three (3) months for every year of the unexpired term, whichever is less” clause of R.A. 8042 -- which was already declared unconstitutional? unconstitutional? Sameer Overseas Placement vs. Cabiles, G.R. No. 170139, Aug. 5, 2014 Are post-enactment measures which govern the areas of project identification, fund release and fund realignment not related to functions of congressional oversight and not violative of separation separation of powers? Are these measures violative of the non-delegability of legislative legislative functions? functions? Belgica vs. Alcantara, G.R. No. 208566, etc., November 19, 2013
Are Rule 7 and Rule 8 of the Office of the Civil Registrar Gen. Adm. Order No. 1, Series of 2004 insofar as they provide the mandatory use by illegitimate children of their father’s surname upon the latter’s recognition of his paternity, accurate and correct interpretation of Art. 176 of the Family Code, as amended by RA 9255? Grande vs. Antonio, G.R. No. 206248, February 18, 2014 Whether or not not respondents’ issuance of DBM DBM-DOH -DOH joint circular no. 1, s. 2012 is null and void for being an undue exercise of legislative power? Cawad vs. Abad, G.R. No. 207145, July 28, 2015 What is subordinate subordinate legislation? Is DepEd Order No. 54, s. 2009, an invalid exercise of the rule-making power delegated to the Secretary of Education? Quezon City PTCA vs. DepEd, G.R. No. 188720, Feb. 23, 2016 Does the party-list system include only sectoral parties? Should national and regional regional parties or organizations represent the “marginalized and underrepresented” sectors? Must the nominees of the party-list group either belong to the sector, or must have a track record of advocacy for the sector represented? Can major political parties participate in party-list elections? Atong Paglaum vs. Comelec, G.R. 203766, April 2, 2013 As the sole judge judge of the election, returns, and qualifications qualifications of the members of the House of Representatives, can the judgment of the HRET be reviewed? Did HRET commit grave abuse of discretion? Delgado vs. HRET, G.R. No. 219603, 219 603, Jan. 26, 2016 Does the HRET have the power to annul election results on the ground of terrorism? Was there legal basis basis for the HRET HRET to annul the the election results? results? Abayon vs. Daza, G.R. No. 222236, May 3, 2016 Does the PDAF lump-sum lump- sum appropriation render nugatory the "item veto” power of the President? Belgica vs. Alcantara, G.R. No. 208566, November 19, 2013 2 013 Does R.A. No. 10354, “The Responsible Parenthood and Reproductive Health Act of 2012, violate Sec. 26(1), Article VI of the 1987 Constitution on the “one subject subject--one title” rule? Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014 Whether the imposition of excise tax on stemmed leaf tobacco under Section 141 of the 1986 Tax Code constitutes double taxation? La Suerte Cigarette vs. CIR, G.R. No. 125346, Nov. 11, 2014 2 014
Is the second paragraph of Section 14, RA 6770 insofar as it provides provi des that no appeal or application for remedy may be heard against the decision or findings of the Ombudsman [except the Supreme Court] on pure questions of law, valid and constitutional? Carpio-Morales Carpio-Morales vs. Binay, G.R. No. 217126-27, Nov. 10, 2015
(e) Selected Cases for Digests (due on July 25, 2018)
Are the statements of Trillanes been made in the course of the performance of his duties as a Senator and, thus, are covered by his parliamentary immunity? Trillanes vs. Judge Marigomen, G.R. No. 223451, March 14, 2018
Is the manner in which Congress deliberated on the President’s request for extension subject to judicial review? Lagman vs. Pimentel, etc., G.R. No. 235935, Feb. 6, 2018 Is a law required to adopt or implement the Disbursement Acceleration Program? Are unreleased appropriations and withdrawn unobligated allotments under the DAP savings? Are cross border transfers, constitutionally permissible? Did the DAP violate the prohibition against cross-border transfers? Was the sourcing of the DAP from unprogrammed funds despite the original revenue targets not having been exceeded, valid? Araulo vs. Aquino, G.R. No. 209287, July 1, 2014 Is “savings”, as a concept, an ordinary species of interpretation that calls for legislative, instead of judicial, determination? Can the power to augment be used to fund non-existent provisions in the GAA? Does the prohibition against cross-border transfer apply to appropriation and not to savings? In an appropriation measure, is there is constitutional requirement for Congress to create allotment classes within an item? Araulo vs. Aquino, G.R. No. 209287, Feb. 03, 2015 [MR] Whether or not the use of the appropriation under 2014 GAA for the implementation of the MVPSP was constitutional or did it involve an unconstitutional transfer of funds? Dela Cruz vs. Ochoa, G.R. No. 219683, Jan. 23, 2018
2016 BAR
Section 8 of P.D. No. 910, entitled "Creating an Energy Development Board, defining its powers and functions, providing funds therefor and for other purposes," provides that: "All fees, revenues and receipts of the Board from any and all sources x x x shall form part of a Special Fund to be used to finance energy resource development and exploitation programs and projects of the government and for such other purposes as may be hereafter directed by the President." The Malampaya NGO contends that the provision constitutes an undue delegation of legislative power since the phrase "and for such other purposes as may be hereafter directed by the President" gives the President unbridled discretion to determine the purpose for which the funds will be used. On the other hand, the government urges the application of ejusdem generis. [a] Explain the "completeness test" and "sufficient standard test." [b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests? 2017 BAR
Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses of Congress, and makes each Electoral Tribunal "the sole judge of all contests relating to the election, returns, and qualifications of their respective Members." On the other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution grants to the COMELEC the power to enforce and administer all laws and regulations "relative to the conduct of an election, plebiscite, initiative, referendum, and recall." Considering that there is no concurrence of jurisdiction between the Electoral Tribunals and the COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and the COMELEC's jurisdiction ends. Explain your answer. 2017 BAR
Give the limitations on the power of the Congress to enact the General Appropriations Act? Explain your answer. 2017 BAR
Under the enrolled bill doctrine the signing of a bill by both the Speaker of the House of Representatives and the President of the Senate and the certification by the secretaries of both Houses of Congress that the bill was passed on a certain date are conclusive on the bill's due enactment. Assuming there is a conflict between the enrolled bill and the legislative journal, to the effect that the enrolled bill signed by the Senate President and eventually approved by the ,
President turned out to be different from what the Senate actually passed as reflected in the legislative journal. (a) May the Senate President disregard the enrolled bill doctrine and consider his signature as invalid and of no effect? Explain your answer. (b) May the President thereafter withdraw his signature? Explain your answer. 2017 BAR
Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Congress shall become a law unless it has passed three readings on separate days and printed copies of it in its final form have been distributed to the Members of the House three days before its passage. Is there an exception to the provision? Explain your answer. (f) Prepare for a short quiz.
