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Nacionales ConstiLawQ&A

The document discusses several questions related to the legislative, executive, and judicial branches of the Philippine government. 1) It defines presidential communication privilege and enumerates the offices that can augment appropriations from savings. 2) It explains the doctrine of inappropriate provisions and the actual, direct, and exclusive use requirement for tax exemptions of charitable institutions. 3) It lists the requirements for a law to be subject to initiative and referendum by the people. 4) It discusses the qualifications, term of office, and restrictions on decreasing the salaries of the president and vice president. 5) It distinguishes judicial power from judicial review and defines political questions.

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Marie Angelica Nacionales
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50 views3 pages

Nacionales ConstiLawQ&A

The document discusses several questions related to the legislative, executive, and judicial branches of the Philippine government. 1) It defines presidential communication privilege and enumerates the offices that can augment appropriations from savings. 2) It explains the doctrine of inappropriate provisions and the actual, direct, and exclusive use requirement for tax exemptions of charitable institutions. 3) It lists the requirements for a law to be subject to initiative and referendum by the people. 4) It discusses the qualifications, term of office, and restrictions on decreasing the salaries of the president and vice president. 5) It distinguishes judicial power from judicial review and defines political questions.

Uploaded by

Marie Angelica Nacionales
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article VI - Legislative Q&A

What is Presidential Communication Privilege?


Presidential Communication Privilege is the right of the President and high-level
executive branch officials to withhold information from Congress, the courts, and ultimately,
the public. However, the privilege being, by definition, an exemption from the obligation to
disclose information must be of such high degree so as to outweigh the public interest in
enforcing that obligation in a particular case.

Whose offices may be authorized by law to augment any item in the general appropriations
law for their respective offices from savings in other items of their respective
appropriations?
Section 25, par. 5 exclusively enumerates the following whose offices may, by law,
be authorized to augment any item in the in the general appropriations law for their
respective offices from savings in other items of their respective appropriations:
 The President
 The President of the Senate
 The Speaker of the House of Representatives
 The Chief Justice of the Supreme Court
 The Heads of Constitutional Commissions

What is the Doctrine of Inappropriate Provisions? see page 794-796 of Bernas textbook
The Doctrine of Inappropriate Provisions states that a provision that is
constitutionally inappropriate for an appropriation bill may be singled out for veto even if it
is not an appropriation or revenue item.

What do you mean by Actual Direct and Exclusive use requirement before a
charitable,institution etc can availed of tax exemption?
To come under the exemption of tax, charitable institutions, churches and
parsonages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands,
buildings, and improvements must be actually, directly and exclusively used for religious,
charitable, or educational purposes. The modifiers in this provision are actually, directly and
exclusively.
In the case of Lung Center of the Philippines vs. Quezon City, "exclusive" is defined as possessed and
enjoyed to the exclusion of others; debarred from participation or enjoyment; and "exclusively" is defined, "in a
manner to exclude; as enjoying a privilege exclusively." If real property is used for one or more commercial
purposes, it is not exclusively used for the exempted purposes but is subject to taxation. The words "dominant
use" or "principal use" cannot be substituted for the words "used exclusively" without doing violence to the
Constitutions and the law. Solely is synonymous with exclusively. What is meant by actual, direct and exclusive use
of the property for charitable purposes is the direct and immediate and actual application of the property itself to
the purposes for which the charitable institution is organized. It is not the use of the income from the real property
that is determinative of whether the property is used for tax-exempt purposes.

What are requirements before a law may be PEAR by the people under initiative and
referendum system?
To exercise the power of initiative and referendum, the petition must be
1. Signed by at least 10% of the total number of registered voters;
2. Every legislative district should be represented by at least 3% of the registered
voters and
3. Petition should be registered with the Commission on Elections.

Article VII - Executive Q&A


What are the qualifications of the Vice President and term of office of the Vice President?
The Vice President has the same qualifications of the President:
 Natural-born citizen (Art. IV Sec. 2, Tecson vs COMELEC)
 Registered voter (Art. V Sec.1)
 Able to read and write (Literacy qualification)
 Forty years old on the day of the election (Minimum age requirement)
 Resident of the Philippines for atleast ten years immediately preceding the election
(There must concur (a) bodily presence in the locality, (b) animus manendi, (c)
animus non revertendi. It is enough that he has domicile anywhere in the
Philippines)

The Term of the Vice President shall be six years to begin and end at noon of June
30th. The Vice-President may not serve for more than two successive terms. But voluntary
renunciation of the office for any length of time shall not be considered as an interruption in
the continuity of service for which the Vice-President was elected.

May the salaries of the Pres and VP be decreased?


The salaries of the President and Vice-Presidents shall be determined by law and
shall not be decreased during their tenure.

What are the three steps in the confirmation of appointments by Commission on


Appointments?
The three-step appointment rule:
1. Nomination by the President
2. Consent by the Commission on Appointment and
3. Appointment by the President

What is the difference between ad interim appointment and appointment in acting capacity?
Ad-interim appointments are extended only during a recess of Congress, whereas
acting appointments may be extended any time there is vacancy. Moreover, ad-interim
appointments are submitted to the Commission on Appointments for confirmation or
rejection; acting appointments are not submitted to the Commission on Appointments. Ad-
interim appointments are permanent while acting appointments are way of temporarily
filling up important offices.

Will the civilian courts no longer function during martial law?


A state of martial law does not supplant the functioning of the civil courts. This rule
adopts the open court rule in Duncan vs. Kahanamoku.

What are the restrictions on the President to contract or guarantee loans?


The restrictions on the President to contract or guarantee loans are
1. There must be a prior concurrence of the Monetary Board and
2. It is subject to limitations as may be provided by law.

Article VIII – Judiciary Q&A

Distinguish Judicial Power from Judicial Review


Judicial Power is the duty of the courts to settle actual controversies between real
conflicting parties through the application of laws. Judicial Review on the other hand is the
duty of the courts to test the validity of executive and legislative acts in light of their
conformity with the constitution. Moreover, Judicial Power is vested in the Supreme Court
and lower courts established by law, whereas Judicial Review is vested in the Supreme
Court. The Supreme Court shall have appellate jurisdiction over the decisions of the lower
court.

What is the Political Question Doctrine? What are political questions?


Political Question Doctrine states that political questions or questions of policy are,
ordinarily, outside the pale of judicial review. Political questions are questions which
resolution has been vested by the Constitution exclusively in either the people, in the
exercise of their sovereign capacity, or in which full discretionary authority has been
delegated to a co-equal branch of the Government.

What do you mean by FISCAL AUTONOMY?


The meaning of fiscal autonomy is expressed in the second sentence of Sec.3:
“Appropriations for the Judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and, after approval, shall be automatically and regularly
released.”

Power of Judicial Review. Define.


The power of Judicial Review is the Supreme Court’s power to declare a treaty,
international and executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation unconstitutional.

The salary of CJ and AJs shall not be decreased. May it be increased during their continuance in office?
No, the salary of the Chief Justice and Associate Justices may not be increased during their
continuance in office. In the case of Nitafan vs. CIR, the court held that the Constitution authorizes
Congress to pass a law fixing the rate of compensation of justices and judges but if such rate is higher
than that which they are receiving at the time of enactment, or if lower, it would be applicable only to
those appointed after its approval. Hence, an increase or decrease of salary during their term is
prohibited.

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