Constitutional Law Vital Few 1 (Midterm)

Sto. Niño Gugma Ko

Constitutional Law

Vital Few

Suggested Answer

For Midterm

1. Archipelagic doctrine

All waters, around between and connecting different islands belonging to the Philippine Archipelago, irrespective of their width or dimension, are necessary appurtenances of its land territory, forming an integral part of the national or inland waters, subject to the exclusive sovereignty of the Philippines. UST 2014

It emphasizes the unity of the land and waters by defining an archipelago as group of islands surrounded by waters or a body of waters studded with islands. UST 2011

A body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit. UP 2016

“The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.” Green Notes 2016

The Archipelago Doctrine is a principle where appropriate points are set along the coast of the archipelago including the outermost islands and then connect those points with straight baselines. All waters within the baselines are considered internal waters of the archipelago state. ALBANO 2008

2. Who are citizens of the Philippines under the 1987 Constitution?

1. Those who are Filipino citizens at the time of the adoption of the 1987 Constitution:
a. Those who are citizens under the Treaty of Paris;
b. Those declared citizens by judicial declaration applying the jus soli principle, before Tio Tam v. Republic, 25 Apr. 1957, G.R.
No. L-9602.
c. Those who are naturalized in accordance with law. (Act 2927)
d. Those who are citizens under the 1935 Constitution
e. Those who are citizens under the 1973 Constitution.
2. Those whose fathers or mothers are Filipino citizens
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority;
NOTE: Time to elect: within 3 years from reaching the age of majority.
4. Those naturalized in accordance with law. (Sec. 1, Art. IV, 1987 Constitution) →UST 2014 / UST 2011

(a) Citizens of the Philippines at the time of the adoption of this Constitution;
(b) Those whose fathers OR mothers are citizens of the Philippines;
(c) Those who elected to be citizens. This is available only to:
       (1) those born before Jan 17, 1973;
      (2) to Filipino mothers; AND
      (3) elect Philippine citizenship upon reaching the age of majority
(d) Those naturalized in accordance with law. →UP 2016

3. Distinguish the following:

UST 2014

UP 2016

b. Forbidden office v. Incompatible office

Incompatible office – No senator or member of
the HoR may hold any other office or employment
in the Government, or any subdivision, agency, or
instrumentality thereof, including government
owned and controlled corporations or their
subsidiaries during his term without forfeiting his
seat. (Sec. 13, Art.VI)

Forbidden office – Neither shall a senator or a
member of the House of Representatives be
appointed to any office which may have been
created or the emoluments thereof increased
during the term for which he was elected. (Sec. 13,
Art. VI)

UST 2014

4. At least three (3) ways by which Congress can “check” the exercise of power by the Supreme Court. Briefly explain each.

5. At least three (3) ways by which a bill passed by Congress becomes a law.

1. Approved and signed by the President
2. Presidential veto overridden by 2/3 vote of all
members of both Houses

3. Failure of the President to veto the bill and to
return it with his objections to the House where it
originated, within 30 days after the date of receipt

UST 2014

6. The three (3) limitations to the powers of the Senate, House of Representatives or any of its committees to conduct legislative inquiries.

1. Under Sec. 21, Art. VI, the persons appearing in or
affected by such legislative inquiries shall be
respected.
2. The Rules of procedures to be followed in such
inquiries shall be published for the guidance of
those who will be summoned. This must be strictly
followed so that the inquiries are confined only to
the legislative purpose. This is also to avoid
abuses.
3. The investigation must be in aid of legislation.
4. Congress may not summon the President as
witness or investigate the latter in view of the
doctrine of separation of powers except in
impeachment cases.
NOTE: It is the President’s prerogative, whether to
divulge or not the information, which he deems
confidential or prudent in the public interest.
5. Congress may no longer punish the witness in
contempt after its final adjournment. The basis of the power to impose such penalty is the right to self-preservation. And such right is enforceable only during the existence of the legislature. (Lopez
v. Delos Reyes, G.R. No. L-3436, November 5, 1930)
6. Congress may no longer inquire into the same justiciable controversy already before the court. (Bengzon v. Blue Ribbon Committee, G.R. No. 89914, November 20, 1991)

7. The powers each House over its Members.

Disciplinary power of Congress
Each house may punish its members for disorderly
behavior and, with concurrence of 2/3 of all its
members, suspend, for not more than 60 days, or
expel a member. (Sec. 16, par. 3, Art. VI)
Determination of disorderly behavior
It is the prerogative of the House concerned and
cannot be judicially reviewed. (Osmeña v. Pendatun,
G.R. No. L-17144, October 28, 1960)

Effect if there is no quorum
In the absence of quorum, each House may adjourn
from day to day and may compel the attendance of
absent members in such manner and under such
penalties as each House may provide.

8. What are the grounds for impeachment?

Grounds for impeachment
1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. Other high crimes
6. Betrayal of public trust (Sec. 2, Art. XI, 1987
Constitution)

9. How may amendments to the 1987 Constitution be proposed?

1. Proposal
a. By Congress upon a vote of ¾ of all its members acting as Constituent Assembly (ConAss)

b. By Constitutional Convention (ConCon)

c. By People’s Initiative upon a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by 3% of the registered voters therein.
2. Ratification – Amendments or revisions to the Constitution should be ratified by the majority in a plebiscite which should be held not earlier than 60 days nor later than 90 days after the approval of such amendment.

NON-QUALIFYING QUESTIONS. (2.5 points credit for each question)

1. What is political law?

Branch of public law that deals with the organization and operations of the governmental organs of the State and defines its relations with the inhabitants of the territory. (People v. Perfecto, G.R. No. L-18463, October 4, 1922)

2. What is a state?

State is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience. 

3. What is a constitution?

That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised (NACHURA 2014)

4. Explain in brief the principle of separation of powers.

Doctrine of Separation of Powers
The legislation belongs to the Congress, execution to
the executive, and settlement of legal controversies to the judiciary. Each is therefore prevented from
invading the domain of the others.
Purposes of Separation of Powers
1. Secure action
2. Forestall over-action
3. Prevent despotism
4. Obtain efficiency

5. What is the doctrine of constitutional supremacy?

Doctrine of Constitutional Supremacy
If a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private
purposes, is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and contract. (Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997)

6. What comprises the national territory of the Philippines?

The national territory is comprised of –
(1) Philippine archipelago, with all the islands and waters embraced therein; Internal waters – waters around, between, and connecting the islands of the archipelago, regardless of breadth and dimension; and
(2) All other territories over which the Philippines has sovereignty or jurisdiction It consists of –
(1) Territorial sea, seabed, subsoil, insular shelves, and other submarine areas
(2) Terrestrial, fluvial, and aerial domains

7. What is the basic power of the Senate and House Electoral Tribunals?

Jurisdiction of the ETs
Each electoral tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members (Sec. 17, Art. VI). This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. Each ET is also vested with rule-making power. (Lazatin v. HRET, G.R. No. L-84297, December 8, 1988)
It is independent of the Houses of Congress and its
decisions may be reviewed by the Supreme Court only upon showing of grave abuse of discretion.

8. What are the procedural limitations in the power of Congress to pass bills under Section 26, Article VI of the Constitution?

Procedural
1. Only one subject, to be stated in the title of the bill. (Sec. 26, par. 1, Art. VI)

2. Three (3) readings on separate days; printed copies of the bill in its final form distributed to members 3 days before its passage, except if President certifies to its immediate enactment to meet a public calamity or emergency; upon its last reading, no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the Journal. (Sec.26, par. 2, Art. VI)
3. Appropriation bills, revenue bills, tariff bills, bills authorizing the increase of public debt, bills of local application and private bills shall originate exclusively in the House of Representatives. (Sec.
24, Art. VI)

9. Briefly explain the so-called parliamentary privilege of members of Congress.

Immunity from arrest
Grants the legislators the privilege from arrest while Congress is “in session” with respect to offenses punishable by more than 6 years of imprisonment. (Sec. 11, Art. VI of 1987 Constitution)

Legislative privilege
Provides that no member shall be questioned or held liable in any forum other than his respective Congressional body for any debate or speech in Congress or in any committee thereof. (Sec. 11, Art. VI; Pobre v. Sen. Santiago, A.C.No, 7399, August 25, 2009)

10. Who are the officials who may be removed by impeachment?

Impeachable officers
1. President
2. Vice-President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman (Sec. 2, Art. XI, 1987 Constitution)

Define/Briefly explain the following terms/concepts:

Sovereignty

is referred to as the supreme, absolute and uncontrollable power by which any state is governed. It has two manifestations: a) internal, which is the power of the State to rule within its territory; and b) external, which is the freedom of the State to carry out its activities without subjection to or control by other States. This is often called as independence.

Legislative power

Legislative powers of Congress
1. General plenary power (Sec. 1, Art. VI)
2. Specific power of appropriation
3. Taxation and expropriation
4. Legislative investigation
5. Question hour
Legislative power
The power or competence of the legislative to
propose, enact, ordain, amend/alter, modify, abrogate
or repeal laws. It is vested in the Congress which shall
consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the
provision on initiative and referendum.

Incompatible offices

Incompatible office – No senator or member of the HoR may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government owned and controlled corporations or their subsidiaries during his term without forfeiting his seat. (Sec. 13, Art.VI)

Forbidden offices

Forbidden office – Neither shall a senator or a member of the House of Representatives be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected. (Sec. 13, Art. VI)

Parliamentary privilege

It is not for the benefit of the officials; rather, it is to protect and support the rights of the people by ensuring that their representatives are doing their jobs according to the dictates of their conscience. It is indispensable no matter how powerful the offended party is. (See answer above)

Appointment

Composition of the Commission on Appointments
(CA)
1. Senate President as ex-officio chairman
2. 12 Senators
3. 12 members of the HoR (Sec. 18, Art. VI)

One subject-one title rule

Every bill passed by the Congress shall embrace only one subject. The subject shall be expressed in the title of the bill. This rule is mandatory.
NOTE: The purposes of such rule are: (1) To prevent hodgepodge or log-rolling legislation; (2) To prevent surprise or fraud upon the legislature; and, (3) To fairly apprise the people of the subjects of legislation. (Central Capiz v. Ramirez, G.R. No. 16197, March 12, 1920)

PART 2. Distinguish the following

De jure vs. De facto government

a. De jure – Has a rightful title but no power or control, either because the same has been withdrawn from it or because it has not yet actually entered into the exercise thereof The government under Cory Aquino and the Freedom Constitution was de jure government because it was established by authority of the legitimate sovereign, the people. (In re Letter of Associate Justice Puno, A.M. No. 90-11-2697-CA, June 29, 1992)
The government under Gloria MacapagalArroyo, established after the ouster of Estrada was a de jure government. (Estrada v. Desierto, G.R. Nos. 146710-15, March 2, 2001)
b. De facto – Actually exercises power or control but without legal title (Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986)
Kinds of de facto government
i. De facto proper – Government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter;
ii. Government of paramount force – Established and maintained by military forces who invade and occupy a territory of the enemy in the course of war; and
iii. Independent government – Established by the inhabitants of the country who rise in insurrection against the parent State. (Kop Kim Cham v. Valdez Tan Key, G.R. No. L- 5, September 17, 1945)

Regular appointment v. ad interim appointment

Regular appointment – one made by the President while Congress is in session, which takes effect only after confirmation by the Commission on Appointment and, once approved, continues until the end of the term of the appointee.
4. Ad interim appointment – one made by the President while Congress is not in session, which
takes effect immediately, but ceases to be valid if:
a. disapproved by the Commission on Appointments; or
b. upon the next adjournment of Congress,
either in regular or special session (inaction by the CA). (Read only don’t memorize)

PART 3

1. What are the modes of acquiring citizenship?

1. By birth
a. Jus sanguinis – acquisition of citizenship on
the basis of blood relationship.
b. Jus soli – acquisition of citizenship on the
basis of the place of birth.
2. By naturalization – the legal act of adopting an
alien and clothing him with the privilege of a
native-born citizen.

2. Who are natural-born citizens of the Philippines?

3. What is the effect of marriage to an alien on Philippine citizenship?

RA 9225
“Citizenship Retention and Re-acquisition Act of 2003,” approved on August 29, 2003 provides that, upon taking the oath of allegiance to the Republic:

1. Natural-born citizens of the Philippines who have lost their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship; and
2. Natural-born citizens of the Philippines who, after the effectivity of said RA, become citizens of a foreign country shall retain their Philippine citizenship.

4. What are the qualifications for the exercise of the right of suffrage?

Right of Suffrage
It is the right to vote in the election of officers chosen by the people and in the determination of questions submitted to the people. It includes:
1. Election
2. Plebiscite
3. Initiative and
4. Referendum

5. What are the inherent government powers that Congress may exercise? Briefly describe each.

• Legislative Power
• Electoral Tribunal (ET) - Each electoral tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members
• Commission on Appointments (CA)
• Oversight Function- The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.
• Contempt powers of Congress - Even if the Constitution only provides that Congress may punish its members for disorderly behavior or expel the same, it is not an exclusion of power to hold other persons in contempt.
• Legislative veto - A statutory provision requiring the President or an administrative agency to present the proposed IRR of a law to Congress which, by itself or through a committee formed by it, retains a “right” or “power” to approve or disapprove such regulations before they take effect. As such, a legislative veto in the form of a congressional oversight committee is in the form of an inward-turning delegation designed to attach a congressional leash to an agency to which Congress
  has by law initially delegated broad powers. It radically changes the design or structure of the Constitution’s diagram of power as it entrusts to Congress a direct role in enforcing, applying or implementing its own laws. Thus, legislative veto is not allowed in the Philippines.
• Power to declare the existence of state of war
  (Sec. 2, Par. 1, Art. VI)
• Power to act as Board of Canvassers in election of
  President (Sec. 10, Art. VII)
• Power to call a special election for President and
  Vice-President (Sec. 10, Art. VII)
• Power to judge President’s physical fitness to
  discharge the functions of the Presidency (Sec. 11,
  Art. VII)
• Power to revoke or extend suspension of the
  privilege of the writ of habeas corpus or
  declaration of martial law (Sec. 18, Art. VII
• Power to concur in Presidential amnesties.
  Concurrence of majority of all the members of
  Congress (Sec. 19, Art. VII)
• Power to concur in treaties or international
  agreements; concurrence of at least 2/3 of all the
  members of the Senate (Sec. 21, Art. VII)
• Power to confirm certain appointments/
  nominations made by the President (Secs. 9 and
  16, Art. VII)
• Power of Impeachment (Sec. 2, Art. XI)
• Power relative to natural resources
  (Sec. 2, Art. XII)
• Power of internal organization (Sec. 16, Art. VI)
  a. Election of officers
  b. Promulgate internal rules
  c. Disciplinary powers (Sec. 16, Art. VI)
• Informing Function

6. What are the limitations to the power of inquiry of Congress?

1. Under Sec. 21, Art. VI, the persons appearing in or
affected by such legislative inquiries shall be
respected.
2. The Rules of procedures to be followed in such
inquiries shall be published for the guidance of
those who will be summoned. This must be strictly
followed so that the inquiries are confined only to
the legislative purpose. This is also to avoid
abuses.
3. The investigation must be in aid of legislation.
4. Congress may not summon the President as
witness or investigate the latter in view of the
doctrine of separation of powers except in
impeachment cases.
NOTE: It is the President’s prerogative, whether to
divulge or not the information, which he deems
confidential or prudent in the public interest.
5. Congress may no longer punish the witness in
contempt after its final adjournment. The basis of

the power to impose such penalty is the right to
self-preservation. And such right is enforceable
only during the existence of the legislature. (Lopez
v. Delos Reyes, G.R. No. L-3436, November 5,
1930)
6. Congress may no longer inquire into the same
justiciable controversy already before the court.

7. What power or powers may Congress delegate to the President?

• Congressional grant of emergency powers to the
  President
  Under Sec. 23[2], Art. VI of the Constitution, Congress may grant the President emergency powers subject to the following conditions:
  1. There is a war or other national emergency;
  2. The grant of emergency powers must be for a
  limited period;
  3. The grant of emergency powers is subject to such
  restrictions as Congress may prescribe; and
  4. The emergency powers must be exercised to carry
  out a national policy declared by Congress
•  Tariff powers are delegated to the President by the Congress to efficiently and speedily solve economic problems posed by foreign trade 

8. What kinds of bills shall originate exclusively in the House of Representatives?

All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of
local application, and private bills, shall originate
exclusively in the House of Representatives, but
the Senate may propose or concur with
amendments. (Sec. 24, Art. VI)
NOTE: The initiative for filing of ART bills must come
from the House, but it does not prohibit the filing in the
Senate of a substitute bill in anticipation of its receipt of
the bill from the House, so long as the action by the
Senate is withheld pending the receipt of the House bill.
(Tolentino v. Sec. of Finance, G.R. No. 115455, August
25, 1994)
2. The President shall have the power to veto any
particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
the item or items to which he does not object

9. What is Congress prohibited from doing to the budget proposed by the President?

The President shall propose the budget and submit it to Congress. It shall indicate the expenditures, sources of financing, as well as, receipts from previous revenues and proposed revenue measures. It will serve as a guide for Congress:
1. In fixing the appropriations;
2. In determining the activities which should be funded. (Sec. 22, Art. VII)

NOTE: The proposed budget is not final. It is subject to the
approval of Congress but the President may exercise his or
her veto power. Accordingly, the power of the purse belongs
to Congress, subject only to the veto power of the President.
The President may propose the budget but still the final say
on the matter of appropriation is lodged in the Congress.
(Philippine Constitution Association v. Enriquez, G.R. No.
113105, August 19, 1994)

10. What are the limitations on the power of Congress to appropriate?

1. Must specify public purpose;
2. Sum authorized for release must be determinate,
or at least determinable. (Guingona v. Carague, G.R. No. 94571, April 22, 1991)

11. Give at least two constitutional limitations on Congress’ power to tax. Brief explain each.

• Observance of due process of law Sec 1, Art 3 Consti
• Equal protection clause (Art. III, Sec.1)
• Uniformity, equitability and progressive system of
  taxation (Art. VI, Sec 28)
• Non-impairment of contracts (Art. III, Sec. 10)
• Non-imprisonment for non-payment of poll tax
  (Art. III, Sec. 20)
  6. Revenue and tariff bills must originate in the
  House of Representatives (Art I, Sec. 7)
  7. Non-infringement of religious freedom (Art. III,
  Sec.4)
• Delegation of legislative authority to the President
  to fix tariff rates, import and export quotas,
  tonnage and wharfage dues
• Tax exemption of properties actually, directly and
  exclusively used for religious, charitable and
  educational purposes (NIRC, Sec 30)
• Majority vote of all the members of Congress
  required in case of legislative grant of tax
  exemptions
• Non-impairment of SC’s jurisdiction in tax cases
• Tax exemption of revenues and assets of,
  including grants, endowments, donations or
  contributions to educational institutions

12. Who are the appointees that require the confirmation by the Commission on Appointments

Composition of the Commission on Appointments (CA)
1. Senate President as ex-officio chairman
2. 12 Senators
3. 12 members of the HoR (Sec. 18, Art. VI)

13. What are the limitations on the power of Congress to make appropriations for the judiciary?

Prohibition against transfer of appropriations. Nonetheless, the following may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations (Doctrine of Augmentation):
a. President
b. Senate President
c. Speaker of the HoR
d. Chief Justice
e. Heads of Constitutional Commissions

14. Straight Base-Line Method

By joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ration of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. (Article 47, UNCLOS) UST 2011 / UST 2016

Imaginary straight lines are drawn joining the outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the drawing of baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago. The waters within the baselines shall be considered internal waters; while the breadth of the territorial sea shall then be measured from the baselines. NACHURA 2014

Straight baseline method – consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast, in order to delineate the internal waters from the territorial waters of an archipelago. See R.A. No. 9522. UP 2016

Part 4 Doctrines

1. Doctrine of Indelible Allegiance
The doctrine that an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the 2nd state whose nationality he has acquired.

2. Doctrine of absolute privilege

Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial.

3. Doctrine of constitutional supremacy

[The doctrine that] if a law or contract violates any norm of the constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. [Manila Prince Hotel v. GSIS, 335 Phil. 101 (1997].

4. Doctrine of inappropriate provision

[It deals with] item provisions [in a budget bill] that are to be treated as items for the President’s veto power. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 133].

5. Doctrine of incorporation

Intl. Law. The doctrine that states that the rules of Intl. Law form part of the law of the land and no legislative action is required to make them applicable to a country. The Phils. follows this doctrine, because Sec. 2. Art. II of the Consti. states that the Phils. adopts the generally accepted principles of international law as part of the law of the land.

6. Doctrine of non-delegation

1. [The principle that] delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.

7. Doctrine of res judicata

The doctrine [that] has 2 aspects. The first is the effect of a judgment as a bar to the prosecution of a second action upon the same claim, demand or cause of action. The second aspect is that it precludes the relitigation of a particular fact or issues in another action between the same parties on a different claim or cause of action. [Lopez v. Reyes, GR L-29498, Mar. 31, 1977, 76 SCRA 179].

8. Doctrine of shifting majority

For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.

9. What is the Doctrine of Auto‐limitation?
A: It is the doctrine where the Philippines adhere
to principles of international law as a limitation to
the exercise of its sovereignty.

10. What is the Doctrine of Separation of
Powers?
A: In essence, separation of powers means the
legislation belongs to Congress, execution to the
executive, settlement of legal controversies to the
judiciary. Each is therefore prevented from
invading the domain of the others.

11. Principle of Checks and Balances?
A: It allows one department to resist
encroachments upon its prerogatives or to rectify
mistakes or excesses committed by the other
departments.

12. Doctrine of Necessary Implication ‐ the grant of express power
carried with it all other powers that may be
reasonably inferred from it.

13. DOCTRINE OF AUGMENTATION

Prohibition  against  transfer  of appropriations, however  the  following may, by law, be authorized to augment any  item  in  the  general  appropriations law  for  their  respective  offices  from savings  in  other  items  of  their respective appropriations:

1. President

2. Senate President

3. Speaker of the HoR

4. Chief Justice

5. Heads of Constitutional Commissions.

14. Doctrine of inappropriate provisions – 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.

15. Executive impoundment – refusal of the
President to spend funds already
allocated by Congress for specific
purpose. It is the failure to spend or
obligate budget authority of any type.