Full transcript
0:02Good afternoon. So, salalamu allayikum.
0:06And of course, this is a recorded
0:08lecture uh to pair with our
0:13first ever
0:16open notes quiz. So, this the quiz will
0:19be in a PDF uh format. So I wish that
0:25you send it or you upload it also using
0:31uh in in PDF format. Okay. So that uh
0:37I can just for ease of formatting
0:42word
0:45scramble the formatting is on and off.
0:49So here
0:50uh the quiz will be more resable.
0:55No, it's open notes and um there are
0:59only 10 questions. Um some questions can
1:03be answered better if you listen to this
1:07and then um
1:10you can
1:14uh submit it uh before 5:00 p.m. today.
1:18Okay, if this is Saturday
1:21uh January
1:24January uh sorry January September 12.
1:28Okay. So let's go to what will we cover
1:31today? And we will cover the
1:33qualifications
1:35uh regular uh and special election
1:38salaries, privilege from arrest,
1:41uh disclosure and prohibitions
1:44and um as you may know
1:48uh the
1:51sessions the officers they were late
1:53just recently we had an issue with who
1:56really is the Senate President uh who is
1:58the Senate President promporary
2:01uh director ederal tribunals if there
2:03are any disputes as to uh there there's
2:06an election contest involving the
2:09election the returns the qualifications
2:12of the members of Congress um the
2:18commission on appointments the records
2:20and books of accounts inquiries in aid
2:23of legislation we have discussed this
2:25slightly
2:27contempt power and its limits and the
2:29module reminders
2:315:00 p.m. po. Okay. So, I hope you've
2:34listened. Uh, but before I begin, no, I
2:38hope you have watched our discussion on
2:43uh when I discuss the 2026
2:46bar exam. No, as you can see, Mejo. Uh,
2:51I'm happy with the with with uh the the
2:56way questions were were asked. No,
2:59because it it's remotely similar. It's
3:03very similar to the type of questions I
3:07asked. I did not give out tips, but I
3:10conducted the lecture on critical areas
3:12in political law and international law,
3:14public international law. And um
3:17questions were around the topics I
3:20discussed were were asked. No, 16 out of
3:2220 can be gleaned from the syllabus. So
3:26right now you have your syllabus. As you
3:29may have noticed if you watched or if
3:31you listen to the to my breakdown and to
3:33the to my suggested answers to the
3:36political law examuss
3:46cases no or if you just read all of the
3:49cases you there's a good chance that you
3:51have you have the answer for each of the
3:56questions there. Okay. So not saying
3:59that you are qualified already to take
4:02the bar but some of the questions there
4:05you can answer yourself. Okay. So uh the
4:08five qualifications no of
4:11representatives the the rule the first
4:14rule is that it is exclusive. You cannot
4:17uh neither congress nor the kale may add
4:21to it. Um the second rule is that
4:24qualifications are continuing. They must
4:27exist on election day and throughout the
4:29term. Soila
4:31during the entire entire term that
4:34they're serving
4:36they are able to read and write naturalb
4:38born citizens
4:40resident
4:42residency requirement
4:44and age is recorded on the day of
4:46election. Okay. So not on the filing of
4:48the CSC not on uh assumption. So that uh
4:54on the day for example if it's a May 10
4:57on that day you're at least 35 or 25
5:01whichever the case may be you know as a
5:03member of Congress. So the residence
5:05here means doicile we have already taken
5:08up the case of Akina versus Com. So you
5:11know what that means.
5:13So the case of Benzison versus Cruz when
5:16you when someone
5:20uh is repatriated
5:22their whole uh their whole
5:28uh citizenship is uh restored. Okay. So
5:33you could have gone to the US to become
5:36an American citizen, naturalized
5:38citizen. And when you come back
5:42and then you do the requisites, you have
5:46uh uh taken your oath. You have
5:51you have taken your oath. You you have
5:54um what else? You have
5:58sworn an oath of allegiance and you have
6:00renounced your foreign citizenship. you
6:02are now a a Filipino again.
6:06So the challenge here was that he was no
6:08longer natural born, hence disqualified.
6:10Of course not. Repatriation is a
6:12recovery of the original status. Okay.
6:17So I hope that's clear.
6:21Aina versus Kamal Aino list a condo unit
6:23in Makati and claimed the district's
6:26one-year residence. So the elements of
6:30doicile physical presence animus manendi
6:33I have discussed this already the intent
6:36to remain and animus nonreendi the
6:40intent to abandon the old domicil. So
6:43the domicle of origin here is not lost
6:46until a new one is validly
6:49uh acquired.
6:52Okay not necessarily
6:54the property ownership is not uh
6:57required.
6:58You can be renting a place as long as
7:00you have that intent and it can be
7:03established from the evidence that you
7:05wish to stay.
7:08Okay. So short-term leaves on the eve of
7:11elections it will betray the absence of
7:15animous manendi. So here Aino failed the
7:17one-year dis domiciliary requirement.
7:21Okay.
7:27So, sorry. This was the case of Aino
7:29versus Comic. No, Congress cannot add to
7:33the list. Maka versus Bora and SJS
7:37versus drugs board.
7:40Okay. Ways the tenure of a member
7:44uh may be shortened. So, panda is
7:46shortened. If you the term here you have
7:50to define is the fixed period of office
7:53set by the constitution. Tenure on the
7:57other hand is the period of actual
7:59incumbency. Okay.
8:04The term itself cannot be shortened by
8:06law but tenure if you wish to you know
8:09resign if you wish if you are ousted if
8:12the law allows you to shorten it you can
8:14shorten the the tenure. So for feature
8:18upon accepting an incompatible office.
8:20So remember when uh Senator Angara was
8:24still senator he accepted a position at
8:26the deped. So he had to resign because
8:29an it is an incompatible office.
8:33So exam expulsion by twothirds vote of
8:36all members. You may know Congress meow
8:40um Kiko Barzaga who was ousted
8:45by the electoral tribunal in a proper
8:47election contest.
8:52You can be uh removed from office in
8:56Congress from your congressional seat.
8:59Voluntary res resignation or death.
9:02conviction of a crime carrying the
9:05disqualification from public office
9:08doctrine.
9:10Okay.
9:14So
9:20next slide. Okay. So in the case of
9:22Kinto you must understand the here the
9:27doctrine is that uh
9:32representatives serve a term of 3 years
9:35for not more than three consecutive
9:37terms
9:38on the
9:41the deems designed deem resigned rule.
9:48Okay.
9:50The December 1, 2009 decision voided the
9:53automatic resignation of appoint of an
9:56appointed official. Okay. So the
10:00simplest way to explain this this
10:02doctrine is that
10:05uh when you are a in an appointed
10:09position for example you work in the
10:11government you did you were not elected.
10:14If you file your COC you are deemed
10:16resigned. Okay.
10:18file resignation letter or resignation
10:22you will be deemed resigned from that
10:24office if so facto. Okay. So here in
10:28this case
10:30uh what what what
10:33was made finalized here what was made
10:36final is that elective officials can be
10:41uh can file their coc's
10:44without uh resigning without being
10:47deemed resigned. Okay so even though
10:50even though they will be they will be
10:53filing their coc for example co uh
10:55senator
10:57president, they will not be deemed
10:59resigned. Okay? But if you're the dep
11:01secretary and you're going to file your
11:04certificate of candidacy for the
11:05presidency for a for a senate seat, that
11:08will uh have the effect of voiding your
11:13seat, your appointed seat or your
11:16appointive position. Okay? So voluntary
11:19renunciation of office does not
11:21interrupt the continuity of service for
11:24the three term count.
11:27So regular and special elections uh in
11:29Cordillia
11:31here Cordillia won and overwhelmingly
11:35but the Kale second division had
11:38disqualified him. Okay. So the ruling
11:41was reversed by the NB bank.
11:45NB bank here is the okay
11:48nbank Supreme Court NB
11:52bank. So here uh the kalech
11:59decided
12:01that he was not disqualified. Okay. So
12:04the speaker refused to
12:08the speaker sorry for the slide the
12:10medelate refused to recognize him. So
12:13the ruling is that once the kale and
12:15bank set aside the void disqualification
12:17cordilia was the lawful winner. Okay. So
12:22the house has a ministerial duty. Ano
12:24ministerial duty as we have explained
12:27ministerial is as long as the requisites
12:30are there are present you have no choice
12:33but to recognize. There's no discretion
12:36there. You have an obligation to
12:39recognize the winner in this case. So
12:42the rule of succession could not defeat
12:45the electorate's clearly expressed will.
12:50Okay. So in Tolentino versus Kale, a
12:53special election to fill the Senate's
12:55seat vacated by Senator Gingona was held
12:58simultaneously with the regular 2001
13:01elections. So the 13th placer took the
13:04unexpired term. So is this valid? Yes,
13:07it is valid. Come failure to give
13:10special notice did not invalidate the
13:14election. So here as you may recall,
13:17Senator Gingona became vice president.
13:19Soia Senate. So that's one seat vacant
13:23in the in the Senate. So you will need a
13:26a a another one to fill the the the seat
13:31in in Senate. So in 2001
13:37uh instead of 12 senators or senator
13:40senatorables
13:42senatorial seats up for grabs ning 13.
13:46Okay. So the 13th placer took the an
13:49unexpired term. Okay. In Filona versus
13:54mate which is another case
13:57uh when you say uh increase in salaries.
14:01Okay. A law increasing the salaries of
14:03members of Congress cannot take effect
14:05until the expiration the full term of
14:08all the members. So senators included
14:12who approve the the increase. So
14:16for example, if right now uh they will
14:20approve a salary increase okay let's say
14:23gawang 1 million per month as member of
14:26the house of representatives that will
14:29not take effect right away that will not
14:31also take effect in 2028. Okay, that
14:36will take effect
14:38on 2031
14:41and and so on and so forth. 2031 because
14:46the senators here also approved the
14:49increase by law. Remember that when you
14:51say law, the the both houses must have
14:57approved that law. So the law increasing
15:01the salaries of members of Congress
15:03cannot take effect until the expiration
15:06of the full term of all the members. So
15:11including the senator. So reelectil
15:17members of Congress or members of the
15:19house they will only they will not enjoy
15:22it when they get reelected. they will
15:24enjoy it when they get reelected for
15:26another term in 2031 or whoever is
15:28sitting in those positions. Okay.
15:33Hello central these are when you talk
15:36about privilege okay from arrest just to
15:40make this memorable no halos hos uh who
15:46was recently passed no uh was a member
15:50of the house of representatives trilanes
15:52was uh in the senate so they both asked
15:57their respective houses
16:02to be able to uh legislate. No, to be
16:06able to legislate uh from detention.
16:09Okay. So, both were refused. The people
16:12cannot by electing electing a man repeal
16:16the criminal law. So, just because
16:20congressman or senator doesn't mean that
16:23they are privileged. Okay? Remember if
16:28the case no is punishable for more than
16:316 years imprisonment orang penalty
16:36you can be you can be arrested. Okay.
16:39But for minor cases that will have less
16:41than 6 years imprisonment you have the
16:43privilege from arrest.
16:45Okay. And only while Congress in is in
16:48session. Okay.
16:52So this is the parliamentary privilege
16:54from arrest.
16:57So next case,
17:01how about the parliamentary speech uh
17:06doctrine? Okay, they're
17:09privileged to be able to say whatever
17:12they want. Okay, whatever they want. So
17:14let's check out the cases. So here in
17:16Jimenez versus Kabang Bang uh an open
17:19letter uh to the president was published
17:21by in newspapers while congress was not
17:25in session.
17:27It is considered not a privileged speech
17:30or debate. Okay. Because
17:35excuse me, what the what the clause
17:37covers is atterances made in Congress or
17:41in any of the committees made in the
17:44discharge of their legislative
17:46functions.
17:48You don't make this while you're on
17:50Twitter, on Facebook or on like in this
17:53case on the newspaper when they posted
17:55this or when they had this published in
17:58the newspapers. Okay. So that is not
18:00covered in trilliones versus Castillo
18:03Marmen. When you make statements to the
18:06media in press interviews that are not
18:08inside the halls or not in session,
18:14you are not uh you are not immune. Okay?
18:18You are not that speech is not
18:19considered to be privileged.
18:25Okay. for that in pub
18:29here this is about the case of the late
18:32Miriam defensor Santiago wherein she
18:35said uh I'm not angry I spit on the face
18:38of chief justice Artimia Panganiban
18:42uh the privileged speech was shielded
18:45was delivered on the floor in the
18:46discharge of her functions so this is
18:49beyond disciplinary reach though the
18:52court expressed its displeasure
18:56So in synthesis the privilege is
18:58measured or is respected when there is a
19:02proper forum and you are in the proper
19:04forum and you're doing it in the proper
19:07or you're performing a proper function.
19:11Okay. So s floor p plenary or s
19:14committee per uh media in print. No.
19:19Okay.
19:20So disclosure in the two forbidden
19:22offices. So section 12 it made mention
19:26in the constitution. We're still in
19:28article six. I hope you're not lost. So
19:30all members shall upon assumption of
19:33office make a full disclosure of their
19:36financial and business interests and
19:39shall notify the house of a potential
19:43conflict of interest arising from the
19:45filing of any proposed legislation of
19:48which they are authors. Okay. So
19:52incompatible office or forbidden office.
19:55So I've mentioned this earlier but what
19:58do you mean by incompatible office? Okay
20:01when you say compatible incompatible
20:03office you cannot hold any other office
20:06or employment in the government during
20:08your term without forfeit forfeiting
20:11your seat. So this was also discussed in
20:13Liban versus Gordon which we will which
20:14we'll talk about later. So acceptance if
20:17for example you you accepted a seat in
20:20the DNR as a secretary you are
20:24automatically vacating your seat. Okay.
20:29Forbidden office is when you cannot be
20:32appointed to any office created or whose
20:36emolments were increased during your
20:38term. Okay. Okay. So for example while
20:41while you are a congressman
20:43uh you created the anti-AI agency which
20:46we talked about last year or last year
20:48last week. So when you are appointed to
20:52that position that is considered to be a
20:55forbidden office to you. So you cannot
20:58be a director or a head of that office
21:01that you yourself
21:03created.
21:05Okay. Okay. So the bar runs for the full
21:07term for which he was elected. Okay. So
21:12just just note take note of that. So
21:14this happened a couple of years ago in
21:16the case of the case of um not Liban
21:20vers Gordon. I'm talking about Gregorio
21:22Honasan or Greeno Nasan. He was
21:24appointed as secretary of the DICT and
21:27during his term the ICT was created. He
21:30was senator.
21:32So that is uh an anomaly on its own but
21:36it was allowed.
21:38Okay. In Laosia.
21:40So let's go to Liban versus Gordon.
21:44Liban versus Gordon. Senator Gordon did
21:46not forfeit the seat by accepting the
21:47chairmanship of the Philippine National
21:49Red Cross because it was considered to
21:51be a private organization performing
21:54public functions. So its chairmanship is
21:57not a government office within the
21:59meaning of section 13.
22:03Okay.
22:05Uh this is a a a legislator no who
22:10appeared as council.
22:13Okay. So what a legislator cannot do
22:16directly cannot do indirectly. So he is
22:19barred from
22:21uh appearing as is barred from appearing
22:25as councel. Okay. before an
22:29administrative body I think s securities
22:32and exchange
22:34commission. Okay.
22:37So just because you're a shareholder one
22:40case
22:42to protect your identity does not it
22:45does not uh uh circumvent the rule.
22:50Okay. So members
22:54of the house are barred from being
22:58financially interested
23:01directly or indirectly in any contract,
23:03franchise or special privilege granted
23:06by the government and from intervening
23:10in any matter before any office
23:13before any uh for their uh peon benefit.
23:18Okay. So regular and special sessions
23:21right now uh the Congress are in regular
23:25the Congress is in regular session. They
23:28convene once every year on the fourth
23:30Monday of July unless a different date
23:33is fixed by law and continues in session
23:35as long as it may be determined until 30
23:38days before the opening of the next
23:39regular session excluding Saturdays,
23:42Sundays and legal holidays. special
23:44session. It this happened before the
23:47president called one time called this I
23:51mean the current president he called
23:52this to talk about certain um
23:57important pieces of legislation
24:00to be discussed in a special session.
24:03Okay. So Congress then considers the
24:06subject the call specifies no
24:15president he can do that of course
24:17regularly there are no special regular
24:19it's regular session wang special call
24:22okay so the house adjourns um neither
24:26house during sessions may adjourn for
24:28more than 3 days nor to any other place
24:31than that in which the two houses are
24:33sitting without the consent of the other
24:37so let's go to section 16 when you talk
24:39about section 16 these are the officers
24:42of Congress. Okay. So the doctrine in
24:45defense of Sanjiago this prescribes here
24:48it prescribes here how the senate
24:50president is chosen by majority vote of
24:53all members. So P 24 you need at least
24:57you just need at least um uh 13. Okay 13
25:04but it is silent on the minority
25:07leadership. So the choice of who the
25:09minority leader is an internal matter.
25:11So the court cannot uh the court cannot
25:15intervene cuz a problem as as I have
25:17discussed regarding separation of powers
25:20uh a a department will not intervene in
25:24the problem of another
25:28uh the in in the problem or in the issue
25:32of another department. Okay. For
25:33example, the president cannot intervene.
25:37justices or senator the the president
25:41cannot intervene without any law
25:44allowing him to be to to be to be
25:47allowing him to interfere.
25:50Okay. So here when you talk about uh an
25:54internal matter which is which is
25:56choosing a minority leader
25:59Supreme Court. Okay. Unless there is
26:01grave abuse of the constitution here
26:05since there is no exact provision
26:08on the minority leadership. Okay.
26:13And the only
26:15provision is on how the Senate president
26:18is chosen.
26:27Provision or procedure
26:32Senate. Okay. So because there is a role
26:36in the constitution, the court can take
26:39jurisdiction of the case and can
26:42intervene
26:44violate constitution and absent any you
26:48cannot really uh the court cannot really
26:51intervene as stated in this case.
26:55So Aina versus Quenko this is just
26:57recently
26:59this is recently discussed. No.
27:02Ginamitong
27:0370 how old is this case? 77 year old
27:07case became famous when uh the courtroom
27:12of uh the Senate was uh discussed. No,
27:19cuz they were electing a Senate
27:21President and
27:25uh may absent. No. Maya.
27:33Anyway, but for the purpose of academic
27:37uh discussion here, Senate President
27:40Avilino walked out with his allies to
27:43abort a session. So, the remaining 12
27:47elected Quenko. Okay. So, the court
27:50initially declined jurisdiction cuz a
27:53political question. But when they were
27:56asked to reconsider, they resolved the
27:58quorum issue. So the court said a
28:01majority of each house shall constitute
28:03a corum to do business. And this is also
28:06what is provided for in the
28:09constitution.
28:11Okay. So it says here that a smaller
28:16number may adjourn from day to day and
28:18may compel the attendance of absent
28:21members and you can even have them
28:23arrested if you want.
28:26Philippines. So here compulsion to
28:30attend is the rem is the remedy against
28:33a minority that absents itself to
28:36paralyze the the chamber. Okay. So here
28:4112 lang it was considered to be a valid
28:44quorum because there is one senator who
28:46is abroad. Okay. So uh
28:50okay they are still part of the quorum.
28:52So your base uh denominator is still 24
28:57per here since there was one senator
28:59abroad only 23 because they are beyond
29:03the the they are beyond the the coercive
29:08jurisdiction of of the court sorry of
29:13Congress. Soilit.
29:15Okay.
29:17In um
29:20in Osmana versus Santiago, let's talk
29:23about internal and external discipl.
29:26Okay. Congressman Osmana's privilege
29:28speech accused the president of bribery
29:30and the house suspended him for 15
29:33months for disorderly behavior. So what
29:37constitutes disorderly behavior is for
29:40the
29:41house itself to judge. It is a political
29:44question. So for example, uaga
29:50he was removed. No spend
29:54remove.
29:56What uh
29:59what is this orderly behavior or how
30:01wrong or how right it was the courts
30:04cannot intervene. It is a political
30:06question. Okay. Okay, they will not
30:08interfere because there as long as there
30:11is proper observation of due process,
30:13there is proper observation of the
30:16constitutional procedure to remove him
30:22congress meow because it's what the
30:25constitution says. Okay. And it will
30:29violate separation of powers if the
30:32court will intervene. Okay. In Santiago
30:35vers Bayan, the Senigan Bayan
30:37preventively suspended Senator Santiago.
30:40Is this valid? Yes, this is valid
30:43because this is a a a this is provided
30:46for by
30:48Congress. And this is distinct from the
30:51punitive suspension
30:55that uh Congress can impose under or on
30:58its members under section 16 number
31:01three.
31:07when you talk about uh journals and
31:10records. So you journaling journal this
31:12is the this is the recording okay about
31:19of what has transpired in the in the
31:25in the in the in both houses or in in
31:28house of representatives in the senate.
31:30Okay. So where the journal says the
31:32session adjourned at midnight of
31:33February 28th, the courts cannot receive
31:37uh other witnesses to prove the clock
31:39was stopped and the session was uh in
31:42fact held in in March. Okay. So here
31:46pawns attacked a law as passed after
31:50adjournment sind die. Uh okay.
31:53Uh the journal show showed adjournment
31:56on the last lawful day. So uh by as
32:00public policy the veracity of
32:02legislative records cannot be left to
32:04the memory of witnesses.
32:08Okay. And this is related to the
32:10enrolled bill doctrine. What do you mean
32:14when you say enrolled bill? The bill
32:18Senate President
32:22uh House Speaker and the secretaries
32:25it is what the law is and then once it
32:29is signed by the president no
32:33version bill. Oh this is actually what
32:35the bill says. This is actually what the
32:36law says. what they signed together, the
32:39Senate President, the speaker is the
32:41enrolled bill, meaning it is now
32:44conclusive to the courts, to everyone
32:46that this is what the law is, the law
32:49says. Okay. So,
32:52uh
32:54and last item here, the matters the con
32:57constitution requires to be entered in
32:59the journal is the yays and nays. No
33:04batas veto messages and this prevail
33:08even against the enrolled bill on those
33:12specific points. Okay. Um the the
33:18journal is what is records what
33:20transpires in the in the sessions in the
33:25plenary in the committees. But uh the
33:28records on the other hand is the
33:32verbative
33:36members of Congress. For example,
33:38sometimes the senator you will hear him
33:40or her say uh I move your Mr. president
33:45mean addressing the Senate President or
33:47the presiding officer
33:49that [snorts]
33:50uh what a particular colleague has said
33:54be stricken off the record.
33:58So you uh especially combastos or
34:03improper because whatever they say no as
34:07a senator as a member of congress what
34:10you say inside that session hall it has
34:14weight okay and whatever you say will
34:16form part of the record. So if you look
34:20uh into
34:22the records of congress 50 years from
34:24now what senator padilas stated will be
34:27there. what senator uh Jesus Cado stated
34:31will be there and is part of the record.
34:35Okay. So now let's go to the electoral
34:38tribunals the set and the hrect. Okay.
34:41So don't be uh this is probably new to
34:45you but the set and no um this is the
34:48sole they are the sole judge of all
34:51contests relating to election returns
34:53and qualifications. Okay. So when you
34:57say when you say the electoral tribunals
35:00no before
35:03is electoral commission this was in the
35:061930s
35:08they act similarly with the hretz and
35:12set this there is a grant of power uh
35:16complete in itself
35:18uh including incidental power is
35:20necessary necessary to it existence such
35:22as fixing the period for filing protest.
35:25So here the congress back then used to
35:28be called the assembly national assembly
35:31uh confirmed the election of angara
35:34and later resolved that the confirmation
35:38cut off protests
35:41protest
35:43confirm electoral commission.
35:46Okay so here the commission entertained
35:48a protest filed within its own deadline.
35:52So the commission now controls the
35:55election of the contest the tribunal
35:57itself. So the whatever the assembly or
36:02congress says the house says or the
36:04senate says it cannot defeat the
36:06rulemaking power of the tribunal. So
36:09this justifies now the independence of
36:13the electoral tribunals. Okay. So the
36:17tribunals's independence
36:20uh is affirmed from the parent chambers.
36:23So house of rep representatives
36:25electoral tribunal they are independent
36:27from the house. If it's the senate and
36:30electoral tribunal they're independent
36:32from the senate. Okay. So when does the
36:37tribunal's jurisdiction
36:40uh begin?
36:42So as synthesized here the het acquires
36:45in the case of shankoreas versus kale
36:49uh the het requires jurisdiction only
36:52over a member of the house.
36:56Member one becomes a member upon the
37:00concurrence of a valid proclamation. So
37:02you need to memorize this. A proper oath
37:05before the speaker in open session and
37:07assumption of office.
37:10assumption of office at noon June 30.
37:14Okay. So once you are now a member
37:20issue or my jurisdiction okay the
37:23tribunal itself will now have
37:27jurisdiction. Okay. So the case of Reyes
37:29versus Com.
37:32And the Reyes versus Hre case.
37:35Okay. So,
37:39so you might be confused. There are two
37:41contests here or there are two
37:43controversies here. There could be an
37:46election contest. There could be a
37:47pre-proclamation controversy. So, when
37:50you say it's a pre-proclamation
37:52controversy, it says what it means. It
37:54means what it says. It's it's raised
37:57before uh proclamation. It's limited to
38:01the board of conversorers proceedings
38:03and the face of the returns. Okay. So
38:08proclaim
38:10member house as stated in rees. So
38:20sorry
38:24body is the okay. So a candidate's
38:28remedy against manifest errors, illegal
38:30composition lies with the come before
38:33proclamation. So after proclamation of
38:36the winners, a pre-proclamation
38:38controversy against them is no longer
38:40available. Okay. So winner's
38:48case he was proclaimed. There is a
38:51proper oath and the assumed office. You
38:54now go to the tribunal. Okay. age threat
38:57or set. So this is filed after
39:00proclamation, oath and assumption and
39:02the tribunal will now become the sole
39:04judge of election returns and
39:06qualifications. Okay. So protest
39:11issue.
39:14Okay. So composition when you say uh AB
39:19when you say hret they are uh all
39:23senator members of the set were
39:25respondents in the protest and were
39:26asked to inhibit unmas. Uh the
39:29constitution no deliberately mixed
39:31justices
39:34this tribunals have the participation of
39:39the justices.
39:42Okay. So um you cannot say
39:47inhibit
39:48members set are
39:52the members of the house of his each
39:55respective house and the members of the
39:58court. Okay. So a party list
40:01representative are entitled to
40:04proportional representation in the hrect
40:06and the CA the CA here is the commission
40:09and appointments but the claim must
40:11first be made through the house's
40:13internal processes. Okay. So this is
40:16also something that is doctrinal that
40:18you must read into the case of Pmental
40:22versus HD. Okay. So, Bondok versus
40:24Pineda, the the LDP
40:28expelled
40:32the LDP expelled uh representative
40:35Kamasura for bait voting his conscience
40:39uh for voting his conscience in favor of
40:42Bondok to unseit him from the HR. So
40:45again, void because the members enjoy
40:48security of tenure. They can only be
40:51removed uh via just cause with a just
40:55cause and their disloyalty to a party is
40:58not a just cause. Okay, remember the
41:03tribunal is independent of the house
41:06that created it.
41:08The case of sema okay sema I leave
41:12responsible to read this.
41:15So now let's go to the commission and
41:17appointments. When you talk about the
41:19commission and appointments, this is
41:21where uh
41:27this is where it is a legislative check
41:29as to who the president uh appoints.
41:34Okay. So for example,
41:36uh the president
41:39no uh anyway let's go to the cases.
41:44So the house can uh reorganize the
41:47commission appointments no to mirror a
41:50genuine substantial and durable
41:52political uh realignment. Okay. Because
41:56in the the membership
41:59is based on the representation of the
42:02the parties proportional representation.
42:07uh seats
42:10party. Okay, for example, there are many
42:13LP or Liberal Party senators. So, it
42:16should be reflected in the commission on
42:18appointments. They have a right to have
42:22more say in the commission on
42:25appointments. Okay. In cosetting versus
42:28Mitra, a party with a single member, no,
42:32has no mathematical right to a seat.
42:36You uh Congress has 200 members. So you
42:42cannot say that you represent women. It
42:45cannot override proportionality.
42:48Okay? So you need to be a member of the
42:51party in order for you to be to
42:53represent your party in the commission
42:55and appointments in Gona versus
42:57Gonzalez. Fractional membership cannot
43:00be rounded up. So 7.5 senators worth of
43:04representation does not become eight
43:08membership s uh commission on
43:12appointments. Okay.
43:15So
43:19drill versus speaker there is a
43:21complaint uh on
43:25there's a complaint on uh or about a
43:29chambers's membership. Okay. So it has
43:34to be addressed to the chamber itself
43:36because the court cannot uh just
43:39outright say now uh mal okay because
43:45it has there has to be a respect for the
43:47a coequal branch. So the justices will
43:50not just come in come in and and and
43:55say oh uh this is unconstitutional you
43:58must first address the chamber. Okay. So
44:02the composition of the of the CA or the
44:06commission of appointments uh the Senate
44:08President acts as the
44:12uh exofficial chairman and only votes to
44:16break a tie and then you have 12
44:18senators and 12 members of Congress.
44:22Okay. So what do they do? they confirm
44:24or reject uh the presidential
44:27appointments including cabinet members,
44:29military generals and the and diplomats.
44:32Okay. So this is a form of legislative
44:34check. So if appoint for example
44:37president
44:40okay so the
44:44commission of appointments as
44:45representative of us as our
44:48representatives will see to it that
44:50whoever the president appoints is worthy
44:53of that position. So for example,
44:56department of justice. So they could be
44:59a lawyer, someone who has integrity,
45:01competence, independence, no to do the
45:05job, to get the job done. So this is our
45:10safeguard provided in the constitution
45:12to make sure
45:15is the best. Okay. So if they're not
45:17satisfied, they can uh either
45:21uh they can either reject the
45:23appointment or bypass lang. Okay. So I
45:27hope that's clear. In Serento versus
45:29Mison, you cannot add into the uh list.
45:33Okay.
45:36to uh this particular position has to be
45:39confirmed by the constitution uh
45:42constitutional body that is the uh
45:46commission on appointments in deep.
45:49Okay. So only the four groups of
45:52appointees the second third and fourth
45:55are outside the outside the CA
45:59confirmation. Okay. Okay. So, heads of
46:01executive departments, DPH secretary,
46:04head noo, head ng,
46:08uh, ambassadors, other public minister
46:11consoles, officers of the armed forces
46:13in the PNP armed forces l from the rank
46:15of colonel or naval captain and whose
46:18and officers whose appointed are vested
46:21in the president by the constitution.
46:23These require the commission and
46:25appointments
46:26confirmation.
46:28Okay.
46:30So now let's go to uh inquiries in aid
46:34of legislation. So inita
46:38in the case of
46:41EO464
46:42you cannot allow blanket
46:45refusals to appear. Okay. So executive
46:49privilege must be invoked expressly. We
46:52will discuss this uh next uh in the next
46:56article we talk about executive
46:58privilege. The president cannot uh order
47:04his own people to not appear
47:08without his consent. Okay. So the power
47:11of inquiry the president as the
47:14commander-in-chief may require military
47:15officers to secure consent
47:18uh before appearing in in Congress but
47:23they cannot punish the officers no their
47:25remedies to go to court. In the N versus
47:28Senate the three NBNC uh ZTE questions
47:33was considered to be privileged. Okay.
47:36So it was it cannot be asked.
47:40So in Garceliano
47:43when you conduct Senate inquiries may
47:46published rules. Okay. So now publish
47:50rules. So unpublish published rules are
47:54fatal. So these are the standards
47:57provided for uh uh to be respected.
48:01Okay. This is the these are the three
48:03requisites for a valid inquiry. There
48:06must be it must be an aid of
48:07legislation. So in every Senate inquiry
48:10naap
48:12intering as it is it is in aid of
48:15legislation. The current impeachment is
48:17not in aid of legislation. It's a
48:19separate proceeding. It's a sweneries.
48:22It's a it's a it's a unique proceeding.
48:27It's a uh it's it's it's a one-of-a-kind
48:30proceeding. Okay. But when you talk
48:32about the general
48:34legislative purpose, it has to be stated
48:38invite or speaker. For example, when the
48:40flood control investigation was
48:42conducted, uh it has to be an aid of
48:44legislation. So the goal is not
48:48necessarily to convict or to find
48:51criminal uh liability or criminal fault.
48:55The goal of these investigations is in
48:58aid of legislation.
49:00Okay? and it must be conducted in
49:02accordance with duly published rules of
49:05procedure. And number three, the rights
49:08of persons appearing in or affected by
49:10the inquiry must be respected.
49:14So in Arnold versus
49:19the old rule is that uh a contempt no
49:25and you can be detained uh indefinitely.
49:28But the new rule now is
49:31uh kang until the ano lang until the end
49:37of the inquiry and until the the
49:40committee report is is signed and
49:43approved. Okay. So you cannot be
49:45detained forever.
49:51It does not necessarily mean forever
49:55indefinite.
49:58There is now a modern limit. Okay. So it
50:01will last only until the termination of
50:05the inquiry.
50:08Okay. So your module open notes quiz t
50:10number one 10 questions 10 points each
50:13open notes.
50:15You can do whatever you want when it
50:18comes to uh
50:21uh the sources. You can use the this
50:23recording your codel your annotations
50:25but work alone. Okay. So submit by 5:00
50:29p.m. and I will see you in next uh
50:32Saturday. So
50:34thank you everyone. please uh upload it
50:38uh in the in in the link that I will
50:40provide. Okay? Either email or uh Google
50:44Drive, but I think we'll be using Google
50:47Drive. Okay? Thank you.