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Potestas delegata no potest delegare
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It is based on the ethical principle that delegated power constitutes not only a right but also a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.
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Potestas delegata no potest delegare
It is based on the ethical principle that delegated power constitutes not only a right but also a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.
Instances of Permissible Delegation
(1) Tariff Powers to the President (28[2] ART. VI); (2) Emergency Powers to the President (23[2] ART. VI); (3) Delegation to the People (32 ART. VI); (4) Delegation to local government units (RA 7160); (5) Delegation to Administrative Bodies
Completeness Test
The law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. (US vs. ANG TANG HO 1922)
Sufficiency Standard Test
A sufficient is intended to map out the boundaries of the delegate's authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. This is intended to prevent a total transference of legislative power from the legislature to the delegate. The standard is usually indicated in the law delegating legislative power. (CRUZ, PHILIPPINE POLITICAL LAW, 1995 Ed., p.98.)
Doctrine of Incorporation
By virtue of this clause (SECTION 2 ARTICLE II) our Courts have applied the rules of international law in a number of cases even if such rules had not previously been subject of statutory enactments, because these generally accepted principles of international law are automatically part of our own laws. (KURODA vs. JALANDONI 42 O.G. 4282, KIM CHAN vs. VALDEZ TAN KEH 75 Phil. 113)
Doctrine of Incorporation
It is applied whenever municipal tribunals or local courts are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of the local state. Efforts should first be exerted to harmonize them, so as to give effect to both. In a situation, however, where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts. (SECRETARY OF JUSTICE vs. JUDGE LANTION and MARK JIMENEZ 2000)
Right to bear arms
It is a statutory privilege, not a constitutional right. The license to carry a firearm is neither a property nor a property right. Neither does it create a vested right. Even if it were a property right, it cannot be considered absolute as to be placed beyond the reach of police power. The maintenance of peace and order and the protection of the people against violence are constitutional duties of the State, and the right to bear arms is to be construed in connection and in harmony with these constitutional duties. (CHAVEZ vs. ROMULO 2004)
Decentralization of power vs. Decentralization of administration
________ is abdication by the national government of governmental powers; while ________ is merely delegation of administrative powers to the local government unit in order to broaden the base of governmental powers. (LIMBONAS vs. MANGELIN 1989)
Bill of Rights
The set of prescriptions setting forth the fundamental civil and political rights of the individual, and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. It is designed to preserve the ideals of liberty, equality and security "against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, and the scorn and derision of those who have no patience with general principles." (PBM EMPLOYEES ORGANIZATION vs. PHILIPPINE BLOOMING MILLS 1973). Generally, any governmental action in violation of the Bill of Rights is void. These provisions are also generally self-executing.
Civil Rights
Those rights that belong to every citizen of the state or country, or, in wider sense, to all its inhabitants, and are not connected with the organization or administration of the government. They include the rights of property, marriage, equal protection of the laws, freedom of contract, etc. They are rights appertaining to a person by virtue of his citizenship in a state or community. Such term may also refer, in its general sense, to rights capable of being enforced or redressed in a civil action. (BLACK'S LAW DICTIONARY, SIXTH EDITION, 1324)
Political Rights
The right to participate, directly or indirectly, in the establishment or administration of government, the right of suffrage, the right to hold public office, the right of petition and, in general, the rights appurtenant to citizenship vis-a-vis the management of government. (ANTHONY vs. BURROW, 129 F. 783, 789 [1904])
Due Process of Law
A law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial (DARTMOUTH COLLEGE vs. WOODWARD, 4 WHEATON 518) "Responsiveness to the supremacy of reason, obedience to the dictates of justice" (ERMITA-MALATE HOTEL vs. CITY OF MANILA). "The embodiment of the sporting idea of fair play" (FRANKFURTER, MR. JUSTICE HOLMES)
Public Office vs. Employment
While ________ is not a property right to which one may acquire a vested right, it is nevertheless a protected right. One unlawfully ousted from it may institute an action to recover the same, flowing from the de jure officer's right to office (NUNEZ vs. AVERIA 1974); One's ________, profession or trade is a property right, and the wrongful interference therewith is an actionable wrong. Thus, an order of suspension without opportunity for hearing violates property rights (CRESPO vs. PROVINCIAL BOARD 1988).
Kinds of Due Process
(1) SUBSTANTIVE DUE PROCESS requires the intrinsic validity of the law in interfering with the rights of the person to life, liberty or property; (2) PROCEDURAL DUE PROCESS requires a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.
Procedural due process
This serves as a restriction on actions of judicial and quasi-judicial agencies of the government. The requisites are: (1) An impartial court or tribunal clothed with judicial power to hear and determine the matter before it; (2) Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is subject of the proceeding; (3) The defendant must be given an opportunity to be heard; (4) Judgment must be rendered upon lawful hearing.
Basic purposes of Police Power
(1) To promote the general welfare, comfort and convenience of the people; (2) To promote and preserve public health; (3) To promote and protect public safety; (4) To maintain and safeguard peace and order; (5)To protect public morals; (6) To promote the economic security of the people.
Disqualification of judges
No judge or judicial officer shall sit in any case in which: (1) He, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise; (2) He is related to either party within the 6th degree of consanguinity or affinity or to counsel within the 4th degree; (3) He has been executor, administrator, guardian, trustee or counsel; (4) He has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record; (5) A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above. (RULE 137 ROC)
Procedure in claiming that an official is disqualified from sitting as judge
Party objecting to his competency may, IN WRITING, file with the official his objection, STATING THE GROUNDS therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency, until after final judgment in the case. (RULE 137 ROC)
Clear and convincing evidence
In his Separate Opinion in Purganan, Chief Justice Puno proposed that this new standard should be used in granting bail in extradition cases. According to him, this standard should be lower than proof beyond reasonable doubt but higher than preponderance of evidence. The potential extraditee must prove by "clear and convincing evidence" that he is not a flight risk and will abide with all the orders and processes of the extradition court for entitlement to bail. (GOVERNMENT OF HONGKONG vs. JUDGE OLALIA, JR. 2007)
Essence of due process in administrative proceedings
The essence of due process in administrative proceedings is the opportunity to explain one's side or seek a reconsideration of the action or ruling complained of. (EMIN vs. DE LEON 2002)
Cases in which notice of hearing may be dispensed with without violating due process
(1) Cancellation of the passport of a person sought for the commission of a crime; (2) The preventive suspension of a civil servant facing administrative charges; (3) The distraint of property for tax delinquency; (4) The padlocking of restaurants found unsanitary or of theaters showing obscene movies; (5) abatement of nuisances per se; (6) Dishonor of credit card, inasmuch as the dishonor was justified under its Credit Card Agreement. (See SUNTAY vs. PEOPLE, CO vs. BARBERS, EQUITABLE BANKING CORP. vs. CALDERON)
Policy of non-interference with executive discretion in the determination of probable cause
Courts will not interfere with the conduct of preliminary investigation or reinvestigation or in the determination of what constitutes sufficient probable cause for the filing of the corresponding information against the offender (BAVIERA vs. PAGLINAWAN 2007). In Sanrio Company vs. Lim 2008, the Supreme Court reiterated this policy when it held that a public prosecutor is afforded a wide latitude of discretion in the conduct of preliminary investigation.
Exception to the policy of non-interference
Where there is an unmistakable showing of grave abuse of discretion amounting to excess of jurisdiction on the part of the public prosecutor. Such grave abuse of discretion will then justify a judicial intrusion into the precincts of the executive. (AGUIRRE vs. SEC. OF JUSTICE 2008). But in such a case the proper remedy to call for such exception is a petition for mandamus, not certiorari or prohibition.
Equal Protection of Laws
All persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. Natural and juridical persons are entitled to this guarantee, but with respect to artificial persons, they enjoy the protection only insofar as their property is concerned.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose
The right is personal; it may be invoked only by the person entitled to it. As such, the right may be waived, either expressly or impliedly, but the waiver must be made by the person whose right is invaded, not by one who is not duly authorized to effect such waiver. (See STONEHILL vs. DIOKNO, LOPEZ vs. COMMISSIONER OF CUSTOMS, PEO vs. MALASUGUI, PEO. vs. DAMASO)
Substantive due process
This serves as a restriction on government's law-and-rule-making powers. The requisites are: (1) The interest of the public, in general, as distinguished from those of a particular class, requires the intervention of the State; (2) The means employed must be reasonably necessary to the accomplishment of the purpose, and not unduly oppressive on individuals.
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