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This goes to show that the questioned petition was not initiated directly by the 6.3 million people who allegedly comprised at least 12% of the total number of registered voters, as required by Section 2. Moreover, nowhere in the petition itself could be found the signatures of the 6.3 million registered voters. Only the signatures of petitioners Lambino and Aumentado were affixed therein “as representatives” of those 6.3 million people. Certainly, that is not the petition for people’s initiative contemplated by the Constitution. There is absolutely no showing here that petitioners complied with R.A. 6735, even as they blindly invoke the said law to justify their alleged people’s initiative.
The COMELEC will still have to determine the sufficiency of the petition. Among the questions which still have to be determined by the poll body in considering the sufficiency of the petitions is whether twelve percent (12%) of all registered voters nationwide, including three percent (3%) of registered voters in every legislative district, have indeed signed the initiative petitions. If there is fear in the absence of a constitutional record as guide for interpretation of any amendments adopted via initiative, such absence would not preclude the courts from interpreting such amendments in a manner consistent with how courts generally construe the Constitution. For example, reliance will be placed on the other provisions of the Constitution to arrive at a harmonized and holistic constitutional framework. The constitutional record is hardly the Rosetta Stone that unlocks the meaning of the Constitution.
DAVIDE, JR., ATTY. DIOSCORO U. VALLEJOS, JR., PETITIONER.PHILIPPINE
Precisely to deter this disinclination, the Constitution imposed it as a duty of this Court to strike down any act of a branch or instrumentality of government or any of its officials done with grave abuse of discretion amounting to lack or excess of jurisdiction. Rightly or wrongly, the Constitution has elongated the checking powers of this Court against the other branches of government despite their more democratic character, the President and the legislators being elected by the people. As noted earlier, the instant consolidated petitions, while all seeking the invalidity of the second impeachment complaint, collectively raise several constitutional issues upon which the outcome of this controversy could possibly be made to rest. In determining whether one, some or all of the remaining substantial issues should be passed upon, this Court is guided by the related cannon of adjudication that “the court should not form a rule of constitutional law broader than is required by the precise facts to which it is applied.”
This is true whether the decision elevated for review originated from a regular court or an administrative agency or quasi-judicial body, and whether it was rendered in a civil case, a special proceeding, or a criminal case. Piecemeal presentation of evidence is simply not in accord with orderly justice. Even if there is need to refer to extrinsic sources in aid of constitutional interpretation, the constitutional record does not provide the exclusive or definitive answer on how to interpret the provision. The intent of a constitutional convention is not controlling by itself, and while the historical discussion on the floor of the constitutional convention is valuable, it is not necessarily decisive. The 1987 Constitution is susceptible to division into several general spheres. To cite the broadest of these spheres by way of example, Article III enumerates the guaranteed rights of the people under the Bill of Rights; Articles VI, VII and VIII provide for the organizational structure of government; while Articles II, XII, XIII & XIV, XV and XVI enunciate policy principles of the State. What would clearly be prohibited under Section 10 of Rep. Act No. 6735 is an initiative petition that seeks to amend provisions which do not belong to the same sphere. For example, had a single initiative petition sought not only to change the form of government from presidential to parliamentary but also to amend the Bill of Rights, said petition would arguably have been barred under Section 10, as that petition ostensibly embraces more than one subject, with each subject bearing no functional relation to the other. For the nonce, therefore, I vote to DISMISS the petition, without prejudice to the filing of an appropriate initiative to propose amendments to the Constitution to change Congress into a unicameral body.
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However, on March 30, 1995, Congress repealed the Sandiganbayan’s power to promulgate its own rules of procedure and instead prescribed that the Rules of Court promulgated by the Supreme Court shall apply to all cases and proceedings filed with the Sandiganbayan. The Sandiganbayan is a special court of the same level as the Court of Appeals and possessing all the inherent powers of a court of justice, with functions of a trial court. This situation becomes more ominous in criminal cases, as in this case, where not only property rights are at stake but also the liberty if not the life of a human being. Henceforth, all memorandum decisions shall comply with the requirements herein set forth as to the form prescribed and the occasions when they may be rendered. Any deviation will summon the strict enforcement of Article VIII, Section 14 of the Constitution and strike down the flawed judgment as a lawless disobedience. The Court finds necessary to emphasize that the memorandum decision should be sparingly used lest it become an additive excuse for judicial sloth. It is an additional condition for the validity of this kind of decision may be resorted to only in cases where the facts are in the main accepted by both parties and easily determinable by the judge and there are no doctrinal complications involved that will require an extended discussion of the laws involved. The memorandum decision may be employed in simple litigations only, such as ordinary collection cases, where the appeal is obviously groundless and deserves no more than the time needed to dismiss it.
- He also promised to invite to Malacañang representatives of the hacienda management early next week and explore ways of effecting an early settlement of the controversy.
- He added that a barrio council had been organized with the combined efforts of the barrio school teacher, the agricultural extension officer, the local rural health officer, and the barrio lieutenant.
- Is the President’s power to call out the armed forces as their Commander-in-Chief in order to prevent or suppress lawless violence, invasion or rebellion subject to judicial review, or is it a political question?
- In Tanada v. Angara,in seeking to nullify an act of the Philippine Senate on the ground that it contravened the Constitution, it held that the petition raises a justiciable controversy and that when an action of the legislative branch is seriously alleged to have infringed the Constitution, it becomes not only the right but in fact the duty of the judiciary to settle the dispute.
- The provincial officials were led by Gov. Rafael Lazatin of Pampanga and Gov. Arsenio Lugay and Rep. Constancio Castañeda of Tarlac.
Intervenors’ foregoing position is echoed by Justice Maambong who opined that for Section 3 , Article XI of the Constitution to apply, there should be 76 or more representatives whosigned and verifiedthe second impeachment complaint ascomplainants,signed and verified the signatories to a resolution of impeachment. Justice Maambong likewise asserted that the Resolution of Endorsement/Impeachment signed by at least one-third of the members of the House of Representativesas endorsersis not the resolution of impeachment contemplated by the Constitution, such resolution of endorsement being necessary only from at least one Member whenever a citizen files a verified impeachment complaint. Succinctly put, courts will not touch the issue of constitutionality unless it is truly unavoidable and is the very lis mota or crux of the controversy. The Gentleman seems to identify political questions with jurisdictional questions. As for a legislator, he is allowed to sue to question the validity of any official action which he claims infringes his prerogatives as a legislator.Indeed, a member of the House of Representatives has standing to maintain inviolate the prerogatives, powers and privileges vested by the Constitution in his office. To determine the merits of the issues raised in the instant petitions, this Court must necessarily turn to the Constitution itself which employs the well-settled principles of constitutional construction. This second impeachment complaint was accompanied by a “Resolution of Endorsement/Impeachment” signed by at least one-third (1/3) of all the Members of the House of Representatives.
in the above Decision were reached in consultation before the case was assigned
Locus standi or legal standing or has been defined as a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. The gist of the question of standing is whether a party alleges such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions. For his part, intervenor Senator Pimentel contends that the Senate’s “sole power to try” impeachment cases entirely excludes the application of judicial review over it; and necessarily includes the Senate’s power to determine constitutional questions relative to impeachment proceedings. Briefly stated, it is the position of respondents Speaker De Venecia et. Al. that impeachment is a political action which cannot assume a judicial character. Hence, any question, issue or incident arising at any stage of the impeachment proceeding is beyond the reach of judicial review.
MR. CONCEPCION. It definitely does not eliminate the fact that truly political questions are beyond the pale of judicial power. This is the background of paragraph 2 of Section 1, which means that the courts cannot hereafter evade the duty to settle matters of this nature, by claiming that such matters constitute a political question. There is a big difference between a referendum and a plebiscite.But another group criminals of justices upheld the defense that the issue was a political question. This is not the only major case in which the plea of “political question” was set up. Remedy cannot be sought from a body which is bereft of power to grant it. Senator Aquilino Pimentel, on the other hand, sought to intervene for the limited purpose of making of record and arguing a point of view that differs with Senate President Drilon’s.
RESTRIVERA, MAX VILLAESTER, AND EDILBERTO GALLOR, PETITIONERS, WORLD WAR II
As aforestressed, that ruling of six justices who do not represent the majority lacks precedential status and is non-binding on the present petitioners. Let us now determine the intent of the people when they adopted initiative as a mode to amend the 1987 Constitution. By signing the signature sheets attached to the petition for initiative duly verified by the election officers, the people have chosen to perform this sacred exercise of their sovereign power. Under both the quantitative and qualitative tests, the Lambino Group’s initiative is a revision and not merely an amendment. Quantitatively, the Lambino Group’s proposed changes overhaul two articles – Article VI on the Legislature and Article VII on the Executive – affecting a total of 105 provisions in the entire Constitution. Qualitatively, the proposed changes alter substantially the basic plan of government, from presidential to parliamentary, and from a bicameral to a unicameral legislature. This lucidly shows the absolute need for the people to sign an initiative petition that contains the full text of the proposed amendments to avoid fraud or misrepresentation.
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— Dr. Mizanur Rahman (@mizanrsharif) March 15, 2016
It is clear from Dean Sinco’s explanation that a revision may either be of the whole or only part of the Constitution. The part need not be a substantial part as a change may qualify as a revision even if it only involves some of the important provisions. For as long as the intention and plan to be carried out contemplate a consideration of all the provisions of the Constitution “to determine which should be altered or suppressed, or whether the whole document should be replaced with an entirely new one,” the proposed change may be deemed a revision and not merely an amendment. I reiterate that only amendments, not revisions, may be the proper subject of an initiative to change the Constitution.
THE PHILIPPINES, INC., PETITIONER-IN-INTERVENTION, VS. THE HOUSE OF
An examination of their proposal reveals that there will be a fusion of the executive and legislative departments into one parliament that will be elected on the basis of proportional representation. No term limits are set for the members of parliament except for those elected under the party-list system whose terms and number shall be provided by law. There will be a President who shall be the head of state, but the head of government is the Prime Minister. The latter and his cabinet shall be elected from among the members of parliament and shall be responsible to parliament for the program of government. The foregoing traditional exposition of the difference between amendment and revision has indeed guided us throughout our constitutional history. However, the distinction between the two terms is not, to my mind, as significant in the context of our past constitutions, as it should be now under the 1987 Constitution. Under our past constitutions, it was Congress alone, acting either as a constituent assembly or by calling out a constitutional convention, that exercised authority to either amend or revise the Constitution through the procedures therein described. Although the distinction between the two terms was theoretically recognized under both the 1935 and 1973 Constitutions, the need to highlight the difference was not as material because it was only Congress that could effect constitutional changes by choosing between the two modalities. Attached to the Opposition-in-Intervention of Intervenors OneVoice Inc., etc., is a photocopy of the Certification dated August 23, 2006, issued by Atty.
- When a separation of property was agreed in the marriage settlements; or b.
- Also, a person is not an indispensable party if his presence would merely permit complete relief between him and those already parties to the action, or if he has no interest in the subject matter of the action.
- The verified signature sheets were subsequently transmitted to the office of Sigaw ng Bayan for the counting of the signatures.
To paraphrase McFadden, petitioners’ contention that any change less than a total one is amendatory would reduce to the rubble of absurdity the bulwark so carefully erected and preserved. A case might, conceivably, be presented where the question would be occasion to undertake to define with nicety the line of demarcation; but we have no case or occasion here. Hence, the problem of the Constitution maker is, in this particular, one of the most difficult in our whole system, to reconcile the requisites for progress with the requisites for safety. Given that revision necessarily entails a more complex, substantial and far-reaching effects on the Constitution, the framers thereof wisely withheld the said mode from the system of initiative. The final text of Article XVII on Amendments or Revisions clearly makes a substantial differentiation not only between the two terms but also between two procedures and their respective fields of application. Ineluctably, the system of initiative under Section 2, Article XVII as a mode of effecting changes in the Constitution is strictly limited to amendments – not to a revision – thereof. “Section 1. There shall be a President who shall be the Head of State. The executive power shall be exercised by a Prime Minister, with the assistance of the Cabinet. The Prime Minister shall be elected by a majority of all the Members of Parliament from among themselves. He shall be responsible to the Parliament for the program of government. It bears stressing that in PIRMA, petitioners prayed for the Court to resolve the issue posed by them and to re-examine its ruling as regards RA 6735. By a vote of seven members of the Court, including Justice Justo P. Torres, Jr. and Justice Jose C. Vitug, the Court voted that there was no need to resolve the issue.
Dated September 29, 2008, contends that the petition filed by petitioners before this Court is fatally defective because of the latter’s failure to comply with the requirements of the Rules relative to the filing of the said petition. According to the respondent, the first three grounds raised by petitioners are questions of fact and must be stricken down. Respondent Tayud Golf is not also necessary to a complete determination or settlement of the questions involved in the petitioner’s complaint. It is important to note, however, that while the Decision in the Santiago case pronounced repeatedly that Republic Act No. 6735 was insufficient and inadequate, there is no categorical declaration therein that the said statute was unconstitutional. The express finding that Republic Act No. 6735 is unconstitutional can only be found in the separate opinion of former Chief Justice Davide to the Resolution in the PIRMA case, which was not concurred in by the other members of the Court. Yet the more fundamental question that we should ask, I submit, is whether it serves well on the Court to usurp trier of facts even before the latter exercises its functions? If the Court, at this stage, were to declare the petitions as insufficient, it would be akin to the Court pronouncing an accused as guilty even before the lower court trial had began. I agree with Justice Puno that Santiago v. COMELEC and PIRMA v. COMELEC had not acquired value as precedent and should be reversed in any case.
As such, the Decision of the CA circumvented or collaterally attacked the validity of the final resolution against respondent Osmeña. Tayud Golf’s claim of ownership of the 108 parcels of land is not affected by having the Affidavit of Waiver and Quitclaim annulled. Let the case be REMANDED for further proceedings to Branch 56 of the Regional Trial Court, Mandaue City, and the latter to issue an order to implead as party-defendant Tayud Golf and Country Club, Inc. being an indispensable party to the case. Thereafter, Apollo Homes filed its Motion for Leave to File Reinstatement of Intervention, which the RTC granted in its Order dated December 27, 2006. Was issued on April 3, 2003, which was later implemented by the Office of the Provincial Assessor of Cebu and the Register of Deeds of the Provinceof Cebu.
The aforequoted provision of the Constitution being a non-self-executory provision needed an enabling law for its implementation. Thus, in order to breathe life into the constitutional right of the people under a system of initiative to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolution, Congress enacted RA 6735. I am convinced beyond cavil that the respondent Commission on Elections did not commit an abuse of its discretion in dismissing the amended petition before it. The proposals of petitioners incorporated in said amended petition are for the revision of the 1987 Constitution. Further, the amended petition before the respondent COMELEC is insufficient in substance. The Constitution celebrates the sovereign right of the people and declares that “sovereignty resides in the people and all government authority emanates from them.” Unless the present petition is granted, this constitutional principle will be nothing but empty rhetoric, devoid of substance for those whom it seeks to empower. The present petition and that in Santiago are materially different from each other. There is thus no cogent reason to frustrate and defeat the present direct action of the people to exercise their sovereignty by proposing changes to their fundamental law. Those who oppose the exercise of the people’s right to initiate changes to the Constitution via initiative claim that Santiago barred any and all future petitions for initiative by virtue of the doctrines of stare decisis and res judicata.











