Utopia Consti Reviewer 2009

FRATERNAL ORDER OF UTOPIA
ATENEO DE MANILA UNIVERSITY

SCHOOL OF LAW
ARIS S. MANGUERA
MANGUERA OUTLINE
CONSTITUTIONAL LAW I
COMPREHENSIVE VERSION
PRELIMINARIES
I. Political Law
A. Definition of Political Law
B. Subdivisions of Political Law
C. Basis of Philippine Political Law
II. Constitution
A. Definition of Constitution
B. Philosophical View of the Constitution
C. Purpose of Constitution
D. Classifications of Constitutions
E. Qualities of a Good ritten Constitution
F. Essential Parts of a Good ritten
Constitution
G. Per!anenc" and Generalit" of
constitutions
#. $nterpretation%Construction of Constitution
$. Brief Constitutional #istor"
&. 'he ()*+ Constitution
III. Constitutional Law
A. Concept of Constitutional Law
B. '"pes of Constitutional Law
IV. Basic Concepts
A. Constitutionalis!
B. Philippine Constitutionalis!
C. Doctrine of Constitutional Supre!ac"
D. ,epublicanis!
E. Principle of Separation of Powers
-. S"ste! of Chec.s and Balances
G. &udicial ,eview
#. Due Process
I. POLITICAL LAW
A. Definition of Political Law
Branch of public law
(
which deals with the
or/ani0ation and operation of the /overn!ental
or/ans of the state and defines the relations of the
state with the inhabitants of its territor".
1
B. Su!i"isions of Political Law
(. Law of public ad!inistration
1. Constitutional law
2. Ad!inistrative law
4. Law of public corporations
2
C. Basis of P#ilippine Political Law
'he principles of /overn!ent and political law of
the Philippines are funda!entall" derived fro!
A!erican 3urisprudence. 'his conditions was the
inevitable outco!e of the establish!ent of the
A!erican rule in the Philippines. hen Spain
ceded the Phils. to the 4S5 the Spanish Political
laws were auto!aticall" displaced b" those of the
4S.
6
II. CONSTIT$TION
A. Definition of Constitution
Comprehensive Definition: 'hat bod" of rules
and !a7i!s in accordance with which the powers
of soverei/nt" are habituall" e7ercised.
8
9Coole":
American sense% A constitution is a written
instru!ent b" which the funda!ental powers of
/overn!ent are established5 li!ited5 and defined
and b" which these powers are distributed a!on/
several depart!ents5 for their !ore safe and useful
e7ercise5 for the benefit of the bod" politic. 9&ustice
;iller <uoted b" Bernas:
With particular reference to the Philippine
Constitution= 'hat written instru!ent enacted b"
1
Public law is understood as dealing with matters affecting the state,
the act of state agencies, the protection of state interests. Private law
deals with the regulation of the conduct of private individuals in their
relation with one another.
As thus conceived public law consists of political law, criminal law
and public international law. Private law includes civil and
commercial law.
2
icente !inco, Philippine Political "aw 1, 1#
th
ed., 1$%4.
&
th
ed., 1$%4.
4
th
ed., 1$%4.
%
'his definition is comprehensive enough to cover written and
unwritten constitutions. (Cru), Constitutional "aw*
I sweat, I bleed, I soar
Service, Sacrifice, Excellence
(
SCHOOL OF LAW
ARIS S. MANGUERA
direct action of the people b" which the
funda!ental powers of the /overn!ent are
estalis#e!5 li&ite! and !efine!' and b" which
those powers are !ist(iute! a!on/ several
depart!ents for their safe and useful e7ercise for
the benefit of the bod" politic. 9;alcol!5 Philippine
Constitutional Law5 p. >:
In other or!s" It is t#e sup(e&e w(itten law of
t#e lan!.
>

B. P#ilosop#ical View of t#e Constitution
'he Constitution is a social contract. 9;arcos v.
;an/lapus:
Viewed in the li/ht of the Social Contract 'heories5
the Constitution !a" be considered as the Social
Contract itself in the sense that it is the ver" basis
of the decision to constitute a civil societ" or State5
breathin/ life to its 3uridical e7istence5 la"in/ down
the fra!ewor. b" which it is to be /overned5
enu!eratin/ and li!itin/ its powers and declarin/
certain funda!ental ri/hts and principles to be
inviolable.
'he Constitution as a political docu!ent !a" be
considered as the concrete !anifestation or
e7pression of the Social Contract or the decision to
abandon the ?state of nature@ and or/ani0e and
found a civil societ" or State.
Accordin/ to Dean Baustista5 Athe Constitution is a
social contract between the /overn!ent and the
people5 the /overnin/ and the /overned.B
+
(ASM: I
dont necessarily agree with this statement. As a
social contract, the Constitution, I think is a
contract between and among the people
themseles and not between the goernment and
the people. !he goernment is only an "e##ect$ or
conse%uence o# the social contract o# the people.
In other words, the goernment is only a creature
o# the Constitution. &ence, the goernment cannot
be a party to a contract that creates it. In the '()*
+hilippine Constitution, it reads, ",e the soereign
-ilipino people.in order to build a .society and
establish a goernment. ordain and promulgate
this Constitution.$/
Accordin/ to Dean Bautista5 Athe Constitution
reflects !a3oritarian values but defends
!inoritarian ri/hts.B
*
+
See People v. Pomar, 4+ Phil 44#. ,ernas Commentar- ...vii (2##&
ed*.
/
Andres D. ,autista, 0ntroduction to Constitutional "aw 1, !lide &
1une 1+, 2##/.
2
Andres D. ,autista, 0ntroduction to Constitutional "aw 1, !lide &
1une 1+, 2##/.3 4a5oritarianism is a traditional political philosoph-
which asserts that a ma5orit- of the population is entitled to a certain
degree of primac- in the societ-, and has the right to ma6e decisions
that affect the societ-.
C. Pu(pose of t#e Constitution
'o prescribe the per!anent fra!ewor. of a s"ste!
of /overn!ent5 to assi/n to the several
depart!ents their respective powers and duties5
and to establish certain first principles on which the
/overn!ent is founded.
)
9(( A!. &ur. >C> cited in
Cru0:
W#) woul! a societ) *ene(all) co&&itte! to
&a+o(it) (ule c#oose to e *o"e(ne! ) a
!ocu&ent t#at is !ifficult to c#an*e,
a: 'o prevent t"rann" of the !a3orit"
b: Societ"@s atte!pt to protect itself fro!
itself.
c* Protectin/ lon/ ter! values for! short
ter! passions.
(C
D. Constitution as a Municipal Law
A constitution is a !unicipal law. As such5 it is
bindin/ onl" within the territorial li!its of the
soverei/nt" pro!ul/atin/ the constitution.
((
E. Classification
A. 9(: ,i/id
(1
91: -le7ible
B. 9(: ritten
(2
91: 4nwritten
C. 9(: Evolved
(6
91: Enacted
D. 9(: Dor!ativeE ad3usts to nor!s
91: Do!inal Fnot "et full" operational
92: Se!anticEperpetuation of power
'he Constitution of the Philippines is written5
conventional and ri/id.
$

1#
Andres D. ,autista, 0ntroduction to Constitutional "aw 1, !lide 4
1une 1+, 2##/.
11
,ernas Commentar-, p %(2##& ed*.
12
Ri#i! constitution is one that can be a!ended onl" b" a
for!al and usuall" difficult processG while a fle$i%le
constitution is one that can be chan/ed b" ordinar"
le/islation. 9Cru05 Constitutional Law p 8:
1&
A ritten constitution is one whose precepts are e!bodied
in one docu!ent or set of docu!entsG while an unritten
constitution consists of rules which have not been inte/rated
into a sin/le5 concrete for! but are scattered in various
sources5 such as statues of a funda!ental character5 3udicial
decisions5 co!!entaries of publicists5 custo!s and traditions5
and certain co!!on law principles. 9Cru05 Constitutional Law
pp 6E8:
14
An enacte! or conventional constitution is enacted5
for!all" struc. off at a definitive ti!e and place followin/ a
conscious or deliberate effort ta.en b" a constituent bod" or
rulerG while a cumulative or evolve! is the result of political
evolution5 not inau/urated at an" specific ti!e but chan/in/ b"
accretion rather than b" s"ste!atic !ethod. 9Cru05
Constitutional Law p 8:
1
SCHOOL OF LAW
ARIS S. MANGUERA
-. .ualities of *oo! w(itten constitution
(. Broad
(8
1. Brief
(>
2. Definite
(+
/. Essential pa(ts of a *oo! w(itten constitution
(. Constitution of /overn!ent
(*
1. Constitution of libert"
()
2. Constitution of soverei/nt"
1C
HSocial and econo!ic ri/htsI
0. Inte(p(etation1Const(uction of t#e Constitution
23
$n -ransisco v #,5 the SC !ade reference to the
use of wellEsettled principles of constitutional
construction5 na!el"=
1. Verba Le/is
11
2. ,atio le/is et ani!a
12
&. 4t !a/is valeat <ua! pereat
16
I. Pe(&anence an! /ene(alit) of constitutions
A constitution differs fro! a statute5 it is intended
not !erel" to !eet e7istin/ conditions5 but to
/overn the future.
$t has been said that the ter! ?constitution@ i!plies
an instru!ent of a per!anent nature.
18
4. B(ief Constitutional 0isto()
(. ;alolos Constitution
1%
Broad. ,ecause it provides for the organi)ation of the entire
government and covers all persons and things within the territor- of
the !tate and also because it must be comprehensive enough to
provide for ever- contingenc-. (Cru), Constitutional "aw pp %7+*
1+
Brief. 0t must confine itself to basic principles to be implemented
with legislative details more ad5ustable to change and easier to
amend. (Cru), Constitutional "aw pp 47%*
1/
Definite. 'o prevent ambiguit- in its provisions which could result
in confusion and divisiveness among the people. (Cru),
Constitutional "aw pp 47%*
12
Constitution of Government. 'he series of provisions outlining
the organi)ation of the government, enumerating its powers, la-ing
down certain rules relative to its administration and defining the
electorate. (e.. Art 0, 00, 000 and 08*
1$
Constitution of Liberty. 'he series of proscriptions setting forth
the fundamental civil and political rights of the citi)ens and imposing
limitations on the powers of government as a means of securing the
en5o-ment of those rights. (9.. Article 000*
2#
Constitution of Sovereignty. 'he provisions pointing out the
mode or procedure in accordance with which formal changes in the
fundamental law ma- be brought about. (9.. Art 800*
21
Antonio ,. :achura, ;utline<=eviewer in Political "aw (2##+ ed.*
22
Plain meaning rule. >henever possible the words used in the
Constitution must be given their ordinar- meaning e.cept when
technical terms are emplo-ed.
2&
Interpretation according to spirit. 'he words of the Constitution
should be interpreted in accordance with the intent of the framers.
24
'he constitution has to be interpreted as a whole.
2%
=uling Case "aw, vol.+, p1+*
1. 'he A!erican ,e/i!e and the Jr/anic Acts
2. 'he ()28 Constitution
6. 'he &apanese 9Belli/erent: Jccupation
8. 'he ()+2 Constitution
>. 'he ()*+ Constitution
5. T#e 3678 Constitution
'he ()*+ Constitution is the 6
th
funda!ental law to
/overn the Philippines since it beca!e
independent on &ul" 65 ()6>.

Bac9*(oun! of t#e 3678 Constitution
(. Procla!ation of the -reedo! Constitution
a. +rocalamation 0o. '5 -ebruar" 185 ()*>5
announcin/ that she 9Cora0on A<uino: and
VP Laurel were assu!in/ power.
b. 12ecutie 3rder 0o.', 9-ebrauar" 1*5 ()*>:
c. +rocalamation 0o.4, ;arch 185 ()*>5
announced the pro!ul/ation of the
Provisional 9-reedo!: Constitution5 pendin/
the draftin/ and ratification of a new
Constitution. $t adopted certain provisions in
the ()+2 Constitution5 contained additional
articles on the e7ecutive depart!ent5 on
/overn!ent reor/ani0ation5 and on e7istin/
laws. $t also provided of the callin/ of a
Constitutional Co!!ission to be co!posed
of 2CE8C !e!bers to draft a new
Constitution.
1. Adoption of the Constitution
a. +roclamation 0o. (5 creatin/ the
Constitutional Co!!ission of 8C
!e!bers.
b. Approval of the draft Constitution b" the
Constitutional Co!!ission on Jctober (85
()*>
c. Plebiscite held on -ebruar" 15 ()*+
d. +roclamation 0o. 5), proclai!in/ the
ratification of the Constitution.
2. Effectivit" of the ()*+ Constitution= -e(ua() 2'
3678
-eatu(es of 3678 Constitution
2:
(. 'he new Constitution consists of (*
articles and is e7cessivel" lon/ co!pared to
the ()28 and ()+2 constitutions.
1. 'he independence of the 3udiciar"
has been stren/thened with new provisions
for appoint!ent thereto and an increase in
its authorit"5 which now covers even political
<uestions for!erl" be"ond its 3urisdiction.
2. 'he Bill of ,i/hts of the
Co!!onwealth and ;arcos constitutions
has been considerabl" i!proved in the ()*+
Constitution and even bolstered with the
creation of a Co!!ission of #u!an ,i/hts.
III. CONSTIT$TIONAL LAW
2+
Cru), Political "aw.
2
SCHOOL OF LAW
ARIS S. MANGUERA
A. Concept of Constitutional Law
Constitutional law is a bod" of rules resultin/ fro!
the interpretation b" a hi/h court of cases in which
the validit"5 in relation to the constitutional
instru!ent5 of so!e act of /overn!entKhas been
challen/ed. 9Bernas Co!!entar" 777viii:
Constitutional law is a ter! used to desi/nate the
law e!bodied in the constitution and the le/al
principles /rowin/ out of the interpretation and
application !ade b" courts of the constitution in
specific cases. 9Sinco5 Phil. Political Law:
Constitutional law is the stud" of the !aintenance
of the proper balance between authorit"
represented b" the three inherent powers of the
State and libert" as /uaranteed b" the Bill of
,i/hts. 9Cru05 Constitutional Law:
Constitutional law consist not onl" of the
constitution5 but also of the cases decided b" the
Supre!e Court on constitutional /rounds5 i.e.5
ever" case where the ratio decidendi is based on a
constitutional provision. 9DefensorESantia/o5
Constitutional Law:
B. T)pes of Constitutional law
28
(. En/lish t"pe
1*
1. European continental t"pe
1)
2. A!erican t"pe
2C
C. Wei*#t of A&e(ican 4u(isp(u!ence
$n the case of -rancisco v. #,5 91CC2: 'he Supre!e
Court spea.in/ throu/h &ustice Carpio ;orales opined=
;A!erican 3urisprudence and authorities5 !uch
less the A!erican Constitution5 are of dubious
application for these are no lon/er controllin/
within our 3urisdiction and have onl" li&ite!
pe(suasi"e &e(it insofa( as P#ilippine
constitutional law is conce(ne!. As held in
the case of 6arcia s. C3M171C5

LHiIn
resolvin/ constitutional disputes5 Hthis CourtI
should not be be/uiled b" forei/n
3urisprudence so!e of which are hardl"
applicable because the" have been dictated b"
different constitutional settin/s and needs.L
$ndeed5 althou/h the Philippine Constitution
can trace its ori/ins to that of the 4nited
States5 their paths of develop!ent have lon/
2/
icente !inco, Philippine Political "aw +/, 1#
th
ed., 1$%4.
22
Characteri)ed b- the absence of a written constitution.
2$
'here is a written constitution which gives the court no power to
declare ineffective statutes repugnant to it.
&#
"egal provisions of the written constitution are given effect
through the power of the courts to declare ineffective or void
ordinar- statutes repugnant to it.
since diver/ed. $n the colorful words of -ather
Bernas5 <=w>e #a"e cut t#e u&ilical co(!.L?
(8ut see the case o# Neri v& Senate Committees
where the Court cited many American cases/
IV. BASIC CONCEPTS
Constitutionalism
Philippine Constitutionalism
Doctrine of Constitutional Supremac'
Repu%licanism
Principle of Separation of Poers
S'stem of Chec(s an! )alances
*u!icial Revie
Due Process
A. Constitutionalis&
Constitutionalis! refers to the position or practice
that /overn!ent be li!ited b" a constitution.
'he doctrine or s"ste! of /overn!ent in which the
/overnin/ power is limited b" enforceable rules of
law5 and concentration of power is li!ited b"
various chec.s and balances so that the basic
ri/hts of individuals and /roups are protected.
B. P#ilippine Constitutionalis&
Constitutionalis! in the Philippines5 understood in
the A!erican sense5 dates bac. to the ratification
of 'reat" of Paris. 'hen it /rew fro! a series of
or/anic docu!ents. 'hese are=
9(: Pres. ;c Minle"s@ $nstruction to the
Second Phil. Co!!ission5
91: Phil. Bill of ()C15
92: Phil. Autono!" Act of ()(>. 9Bernas5
Co!!entar" 777viii:
C. Doct(ine of Constitutional Sup(e&ac) 91CC6 Bar
E7a! Question:
$f a law violates an" nor! of the constitution5 that
law is null and voidG it has no effect. 9!his is an
oerstatement, #or a law held unconstitutional is
not always wholly a nullity:
'he A!erican case of Marbury . Madison laid
down the classic state!ent on constitutional
supre!ac"B A$t is a proposition too plain to be
contested5 that the Constitution controls an"
le/islative act repu/nant to it.B
Constitutional supre!ac" produced 3udicial
review.
2(
D. Repulicanis&
&1
Defensor !antiago, Constitutional "aw /.
6
SCHOOL OF LAW
ARIS S. MANGUERA
'he essence of republicanis! is representation
and renoation5 the selection b" the citi0enr" of a
corps of public functionaries who derive their
!andate fro! the people and act on their behalf5
servin/ for a li!ited period onl"5 after which the"
are replaced or retained at the option of their
principal.
21
(More discussion o# 9epublicanism under Article II/
E. P(inciple of Sepa(ation of Powe(s
Essence. $n essence5 separation of powers !eans
that le/islation belon/s to Con/ress5 e7ecution to
the e7ecutive5 settle!ent of le/al controversies to
the 3udiciar". Each is prevented fro! invadin/ the
do!ain of others. 9Bernas5 Co!!entar" >8>5 1CC2
ed.:
:iision and Assignment. $ts startin/ point is the
assu!ption of the diision of the functions of the
/overn!ent into three distinct classesNthe
e7ecutive5 the le/islative and the 3udicial. $ts
essence consists in the assi#nment of each class
of functions to one of the three or/ans of
/overn!ent.
22
T#eo(). 'he theor" is that Aa power definitel"
assi/ned b" the Constitution to one depart!ent
can neit#e( e su((en!e(e! no( !ele*ate! b"
that depart!ent5 nor vested b" statute in another
depart!ent or a/enc".B
26
Reason. 'he underl"in/ reason of this principle is
the assu!ption that arbitrar" rule and abuse of
authorit" would inevitabl" result fro! the
concentration of the three powers of /overn!ent in
the sa!e person5 bod" of persons or or/an.
28
;ore specificall"5 accordin/ to &ustice Laurel5 the
doctrine of separation of powers is intended to=
(. Secure action
1. 'o forestall overaction
2. 'o prevent despotis!
6. 'o obtain efficienc"
2>
0isto(). Separation of powers beca!e the pith and
core of the American system o# goernment lar/el"
throu/h the influence of the -rench political writer
;ontes<uieu. B" the establish!ent of the
A!erican soverei/nt" in the Philippines5 the
principle was introduced as an inseparable feature
of the /overn!ental s"ste! or/ani0ed b" the
4nited States in this countr".
2+
Li&itations on t#e P(inciple
&2
Cru), Political "aw.
&&
icente !inco, Philippine Political "aw 1&1, 1#
th
ed., 1$%4.
&4
>illiams v. ?!, 22$ ?! %%& (1$&&*.
&%
icente !inco, Philippine Political "aw 1&1, 1#
th
ed., 1$%4.
&+
Pangasinan 'ransportaion Co. v. P!C, 4# ;.@., 2
th
!upp. %/.
&/
?! v. ,ull, 1% Phil /, 2/.
(. S"ste! of Chec.s and Balances
1. E7istence of overlappin/ powers
2*
-. C#ec9s an! Balances
'he Constitution fi7es certain li!its on the
independence of each depart!ent. $n order that
these li!its !a" be observed5 the Constitution
/ives each depart!ent certain powers b" which it
!a" definitel" restrain the other fro! e7ceedin/
their authorit". A s"ste! of chec.s and balances is
thus for!ed.
2)
'o carr" out the s"ste! of chec.s and balances5
the Constitution provides=
(. 'he acts of the le/islative depart!ent
have to be presented to the e7ecutive for
approval or disapproval.
1. 'he e7ecutive depart!ent !a" veto the
acts of the le/islature if in its 3ud/!ent
the" are not in confor!it" with the
Constitution or are detri!ental to the
interests of the people.
2. 'he courts are authori0ed to deter!ine
the validit" of le/islative !easures or
e7ecutive acts.
6. 'hrou/h its pardonin/ power5 the
e7ecutive !a" !odif" or set aside the
3ud/!ents of the courts.
8. 'he le/islature !a" pass laws that in
effect a!end or co!pletel" revo.e
decisions of the courts if in its 3ud/!ent
the" are not in har!on" with its intention
or polic" which is not contrar" to the
Constitution.
6C
>. President !ust obtain the concurrence of
Con/ress to co!plete certain si/nificant
acts.
+. ;one" can be released fro! the treasur"
onl" b" authorit" of Con/ress.
6(
/. 4u!icial Re"iew
Definition. &udicial review refers to the power of
the courts to test the validit" of /overn!ental acts
in li/ht of their confor!it" with a hi/her nor! 9e./.
the constitution:.
E@p(ession of Constitutional Sup(e&ac).
&udicial review is not an assertion of superiorit" b"
the courts over the other depart!ents5 but !erel"
&2
'he power of appointment is one of these. Although this is
e.ecutive in nature, it ma- however be validl- e.ercised b- an- of
the three departments in selecting its own subordinates precisel- to
protect its independence. (icente !inco, Philippine Political "aw
1&+, 1#
th
ed., 1$%4*.
&$
icente !inco, Philippine Political "aw 1&%, 1#
th
ed., 1$%4.
4#
'arlac v. @ale, 2+ Phil. &&2 cited in icente !inco, Philippine
Political "aw 1&%, 1#
th
ed., 1$%4.
41
,ernas, Commentar- +%+, 2##& ed.
8
SCHOOL OF LAW
ARIS S. MANGUERA
an e7pression of the supre!ac" of the
Constitution.
61
Constitutional supre!ac" produced
3udicial review5 which in turn led to the accepted
role of the Court as Athe ulti!ate interpreter of the
Constitution.B
62
4u!icial Re"iew in P#ilippine Constitution.
4nli.e the 4S Constitution
66
which does not
provide for the e7ercise of 3udicial review b" their
Supre!e Court5 the Philippine Constitution
e7pressl" reco/ni0es 3udicial review in Section 8
91: 9a: and 9b: of Article V$$$ of the Constitution.
9More discussion o# ;udicial 9eiew under Article
<III:
0. Due P(ocess
O(i*in% B" the 2)
th
chapter of the ;a/na Carta
wrun/ b" the barons fro! Min/ &ohn5 the despot
pro!ised that Ano man shall be taken, imprisoned
or dissei=ed or outlawed, or in any manner
destroyed> nor shall we go upon him, nor send him,
but by the law#ul ?udgment o# his peers or by the
la of the lan!.B
$n (2285 Min/ Edward $$$@s Statute 1* declared that
Ano !an5 of what state or condition whoever be5
shall be put out of his lands5 or tene!ents5 nor
ta.en5 nor i!prisoned5 nor indicted5 nor put to
death5 without he be brou/ht in to answer b" !ue
process of la.B $t is this i!!ortal phrase that has
resounded throu/h the centuries as the for!idable
cha!pion of life5 libert" and propert" in allEfreedo!
lovin/ lands. 9Cru0:
Definition
AB
% E!bodi!ent of the sportin/ idea of
fai( pla).
6>
$t is the responsiveness to the
supre!ac" of reason5 obedience5 to the dictates of
3ustice.
6+
Due process is a /uarant" a/ainst
arbitrariness on the part of the /overn!ent.
Jbservance of both substantive and procedural
ri/hts is e<uall" /uaranteed b" due process.
6*
9More discussion o# :ue +rocess under Article III:
42
Angara v. 9lectoral Commission, +& Phil 1&$.
4&
See Cooper v. Aaron, &%2 ?! 1 (1$%+*
44
'he case of Marbury v. Madison established the doctrine of
5udicial review as a core legal principle in American constitutional
s-stemA B!o if a law be in opposition to the constitution3 of both the
law and the constitution appl- to a particular case, so that the court
must either decide that case conformabl- to the law, disregarding the
constitution3 or conformabl- to the constitution, disregarding the law3
the court must determine which of these conflicting rules governs the
case. 'his is the ver- essence of 5udicial dut-.C
4%
'he idea that laws and legal proceedings must be fair. Due process
is best defined in one word7 fairness.
4+
-ran.furter5 ;r. &ustice #ol!es and the Supre!e Court pp
21E22
4/
Er!itaE;alate #otel O ;otors Association v. Cit" of ;anila
42
('upas v. CA*
>
SCHOOL OF LAW
ARIS S. MANGUERA
PREAMBLE
I& Meanin#
II& +unction
III& Social Contract ,heor'
I. Meanin*
Prea!ble !eans Ato wal. before.B 9+raeambulus:
,alking in #ront/
II. -unction
-unction
3rigin@Authorship
Scope and +urpose
A. -unctions
(. $t sets down the ori/in5 scope and purpose of
the Constitution.
6)
1. $t enu!erates the pri!ar" ai!s and e7presses
the aspirations of the fra!ers in draftin/ the
Constitution.
8C
2. 4seful as an aid in the construction and
interpretation of the te7t of the Constitution.
8(
,hus- Pream%le is a source of li#ht.
81
$t is not a
source of ri/hts or obli/ations. 9&acobson v.
;assachusetts5 ()+ 4.S. ((5 11 9()C8:.
B. O(i*in1Aut#o(s#ip
$ts ori/in5 or authorship5 is the will of the Asoverei/n
-ilipino people.B
'he identification of the -ilipino people as the
author of the constitution also calls attention to an
i!portant principle= that the docu!ent is not 3ust
the wor. of representatives of the people but of the
people the!selves who put their !ar. of approval
b" ratif"in/ it in a plebiscite.
82
C. Scope an! Pu(pose
A'o build a 3ust and hu!ane societ" as to establish
a /overn!ent that shall e!bod" our ideals and
aspirations5 pro!ote the co!!on /ood5 conserve
and develop our patri!on"5 and secure to
ourselves and our posterit" the blessin/s of
4$
,ernas Primer at 1 (2##+ ed.*
%#
Cru), Philippine Political "aw, p. 4$ (1$$% ed*.
%1
%2
%&
,ernas Commentar-, p 4(2##& ed*.
independence and de!ocrac" under the rule of law
and the re/i!e of truth5 3ustice5 freedo!5 love5
e<ualit" and peace.B
III. Social Cont(act T#eo()
AS;= $ sub!it that the Prea!ble is so!ehow a
!anifestation of the Social Contract 'heor" as it
states= A,e the soereign -ilipino people.in
order to build a.society and establish a
goernment. do ordain and promulgate this
constitution.B
+
SCHOOL OF LAW
ARIS S. MANGUERA
ARTICLE I% NATIONAL TERRITORC
I& ,erritor'
II& Archipela#o
III& Archipela#ic Principle
I. Te((ito()
A. W#at is Te((ito()
'erritor" is the fi7ed portion of the surface of the
earth inhabited b" the people of the state.
86
'erritor" as an ele!ent of a state !eans an area
over which a state has effecti"e cont(ol.
BB
B. W#at !oes te((ito() inclu!e,
'erritor" includes land5 !ariti!e areas5 airspace
and outer space.
8>
Ai(space
o Each state has e7clusive 3urisdiction
over the air above its territor".
o 'he consent for transit !ust be
obtained fro! the sub3ect nation.
o Aircrafts not en/a/ed in international
air service5 shall have the ri/ht to !a.e
fli/hts into or in transit nonEstop across its
territor" and to !a.e steps for nonEtraffic
purposes without the necessit" of obtainin/
prior per!ission and sub3ect to the ri/ht of
the State flown over to re<uire landin/.
9Chica/o Convention on $nternational Civil
Action:
Oute(space
o Soverei/nt" over airspace e7tends
onl" until where outerspace be/ins. 98CE(CC
!iles fro! earth:
Diffe(ent a(eas e)on! t#e lan! te((ito()
o 'erritorial Seas 9(1 D.!i fro!
baseline:
o Conti/uous Pone 916 D.!i fro!
baseline:
o E7clusive Econo!ic Pone%Patri!onial
Sea 91CC D.!i fro! baseline:
o #i/h seas 9aters be"ond territorial
sea:
%4
Cru), Philippine Political "aw, p. 1+ (1$$% ed*.
%%
,ernas, An 0ntroduction to Public 0nternational "aw, $/ (2##2 ed*.
%+
C. Si*nificance of Te((ito()
Control over territor" is of the essence of a state
9Las Pal!as case:. Certain ri/hts and authorit" are
e7ercised within the state@s territor".
(. State@s soverei/nt" is over its=
o Land territor" 9and airspace above it:
o $nternal aters 9and airspace above it
and seabed under it:
o Archipela/ic aters9 and airspace
above it and seabed under it:
o 'erritorial Sea 9and airspace above it
and seabed under it:
1. 'he coastal state has a ri/ht a/ainst innocent
passa/e
8+
in its internal waters.
2. 'he coastal state e7ercises authorit" over the
area 9conti/uous 0one: to the e7tent necessar" to
prevent infrin/e!ent of custo!s5 fiscal5
i!!i/ration or sanitation authorit" over its territorial
waters or territor" and to punish such infrin/e!ent.
6. 'he coastal state has ri/hts over the econo!ic
resources of the sea5 seabed and subsoil.
D. Scope of P#ilippine National Te((ito() Define! in
A(ticle I' Section 3.
$t includes=
9(: 'he Philippine archipela/oG
91: All other territories over which the Philippines
has soverei/nt" or 3urisdictionG
92: 'he territorial sea5 seabed5 subsoil5 insular
shelves and other sub!arine areas
correspondin/ to 9(: and 91:. ;oreover5 9(:
and 91: consist of terrestrial5 fluvial and aerial
do!ains.
8*
E. Te((ito(ies Co"e(e! un!e( t#e Definition of A(ticle
3
(. 'hose ceded to the 4S b" virtue of the T(eat)
of Pa(is on Dece!ber (C5 (*)*.
1. 'hose defined in the treat" concluded between
the 4S and Spain 9T(eat) of Was#in*ton: on
Dove!ber +5 ())C5 which were not defined in
the 'reat" of Paris5 specificall" the islands of
Ca/a"an5 Sulu and Sibuto.
2. 'hose defined in the treat" concluded on
&anuar" 15 ()2C5 between the 4S and Great
Britain 9T(eat) wit# /(eat B(itain:5 specificall"
the 'urtle and ;an/see islands.
6. 'he island of Batanes5 which was covered
under a /eneral state!ent in the ()28
Constitution.
8. 'hose conte!plated in the phrase Abelon/in/
to the Philippines b" historic ri/ht or le/al titleB
in the ()+2 Constitution.
8)
%/
Passa/e that is not pre3udicial to the peace5 /ood order or
securit" of the coastal state.
%2
%$
Cru), Philippine Political "aw, p. 12 (1$$% ed*.
*
SCHOOL OF LAW
ARIS S. MANGUERA
E. ;All ot#e( te((ito(ies w#ic# t#e P#ilippines #as
so"e(ei*nt) an! +u(is!iction.?
'his includes an" territor" which presentl" belon/s
or !i/ht in the future belon/ to the Philippines
throu/h an" of the internationall" !odes of
ac<uirin/ territor".
o Batanes islands
o 'hose belon/in/ to the Philippines b"
historic ri/ht or le/al title 9Sabah5 the
;arianas5 -reedo!land:
II. A(c#ipela*o
Archipela#o
Archipela#ic State
Archipela#ic Waters
Philippine Archipela#o
A. A(c#ipela*o
Archipela/o is a bod" of water studded with
islands.
>C
B. A(c#ipela*ic State
Archipela/ic state !eans a state constituted wholl"
b" one or !ore archipela/os and !a" include
other islands. 9Article 6> 9a: of 4DCLJS:
C. A(c#ipela*ic Wate(s
Accordin/ to 4DCLJS5 Archipela/ic waters refers
to areas enclosed as internal waters b" usin/ the
baseline !ethod hich ha! not %een previousl'
consi!ere! as internal aters. (See Article 82 of
4DCLJS:
A(ticle 7D2E of $NCLOS% ,here the
establishment o# a straight baseline in
accordance with the method set #orth in Article
* has the e##ect o# enclosing as internal waters
areas which had not preiously been
considered as such, a right o# innocent passage
as proided in this Conention shall e2ist in
those waters.
Accordin/ to 4DCLJS5 in Aarchipela/ic watersB5 a
ri/ht of innocent passa/e shall e7ist in these
waters. But' the Philippines !ade a reservation5
thus5 A !he concept o# archipelagic waters is similar
to the concept o# internal waters under the
Constitution o# the +hilippines, and remoes straits
connecting these waters with the economic =one or
high sea #rom the rights o# #oreign essel to transit
passage #or international naigation.$
)ernas" 'he reservation is ad cautelam. 'he clai!
!ade in the Constitution too. effect in ()+2 before
+#
the ()*1 Law of the Sea Convention was
for!ulated. Article *91: of the Convention itself
sa"s that the new rule on archipela/ic waters
applies onl" to Aareas which had not previousl"
been considered asB internal waters.
>(
D. P#ilippine A(c#ipela*o
'he Philippine archipela/o is that bod" of water
studded with islands which is delineated in the
'reat" of Paris5 !odified b" the 'reat" of
ashin/ton and the 'reat" of Great Britain.
III. A(c#ipela*ic P(inciple
Archipela#ic Doctrine
Archipela#o Doctrine of Article I
Elements of Archipela#ic Doctrine
Purpose of Archipela#ic Doctrine
A. A(c#ipela*ic Doct(ine
9()*) Bar Question:
$t is the principle whereb" the bod" of water
studded with islands5 or the islands surrounded
with water5 is "iewe! as a unit) of islands and
waters to/ether for!in/ one inte*(ate! unit. -or
this purpose5 it re<uires that baselines be drawn b"
connectin/ the appropriate points of the Aouter!ost
islands to encircle the islands within the
archipela/o. e consider all the waters enclosed
b" the strai/ht baselines as internal waters.
>1
B. Ele&ents of A(c#ipela*ic Doct(ine
(. Definition of internal waters
>2
1. 'he strai/ht line !ethod of delineatin/ the
territorial sea.
Strai/ht Baseline ;ethodE drawn connectin/
selected points on the coast without departin/ to
an" appreciable e7tent fro! the /eneral direction
of the coast. ,A 2C6> and ,A 866> have drawn
strai/ht baselines around the Philippines.
9'he proble! with the strai/ht baseline !ethod is
that it conflicts with the Law of the Sea because it
reco/ni0es the ri/ht of innocent passa/e in
archipela/ic waters. 'hat is wh" we !ade a
reservation. #owever5 as Bernas pointed out5 the
reservation is ad cautelam/
C. Pu(poses of A(c#ipela*ic Doct(ine
(. 'erritorial $nte/rit"
1. Dational Securit"
+1
+2
Cru), Philippine Political "aw, p. 1/ (1$$% ed*.
+&
$nternal waters refer to Aall waters landwards fro! the
baseline of the territor".B
Dote= 'he Philippines considers all waters connectin/ the
islands as internal waters.
)
SCHOOL OF LAW
ARIS S. MANGUERA
2. Econo!ic reasons
$t is said that the purpose of archipela/ic doctrine is
to protect the territorial inte/rit" of the archipela/o.
ithout it5 there would be Apoc.ets of hi/h seasB
between so!e of our islands and islets5 thus
forei/n vessels would be able to pass throu/h
these Apoc.ets of seasB and would have no
3urisdiction over the!.
D. A(c#ipela*o Doct(ine in A(ticle I' Section 3
9()*) Bar Question:
"!he waters around, between and connecting the
islands o# the archipelago, regardless o# their
breadth and dimensions, #orm part o# internal
waters o# the +hilippines$
.% Diffe(entiate a(c#ipela*ic wate(s' te((ito(ial
sea an! inte(nal wate(s. 91CC6 Bar Question:
A%
Accordin/ to 4DCLJS5 Archipela/ic waters refers
to areas enclosed as internal waters b" usin/ the
baseline !ethod hich ha! not %een previousl'
consi!ere! as internal aters. (See Article 82 of
4DCLJS:
'erritorial sea is an ad3acent belt of sea with a
breadth of (1 nautical !iles !easured fro! the
baselines of a state and over which the state has
soverei/nt". 9Article 15 2 of 4DCLJS:
$nternal waters refer to Aall waters landwards fro!
the baseline of the territor".B $s fro! which the
breadth of territorial sea is calculated. 9Brownlie5
Principles of P$L: Do ri/ht of innocent passa/e for
forei/n vessels e7ist in the case of internal waters.
9#arris5 Cases and ;aterial on $nternational Law5
8
th
ed.5 ())*5 p.6C+:
4nder Section (5 Article $ of the ()*+ Constitution5
the internal waters of the Philippines consist of the
waters around between and connectin/ the islands
of the Philippine archipela/o re/ardless of their
breadth and di!ensions includin/ the waters in
ba"s5 rivers5 and la.es.
.% Distin*uis# (iefl) ut clea(l) etween t#e
conti*uous Fone an! t#e e@clusi"e econo&ic
Fone. 91CC6 Bar Question:
Conti/uous 0one is a 0one conti/uous to the
territorial sea and e7tends up to twelve nautical
!iles fro! the territorial sea and over which the
coastal state !a" e7ercise control necessar" to
prevent infrin/e!ent of its custo!s5 fiscal5
i!!i/ration or sanitar" laws and re/ulations within
its territor" or territorial sea. 9Article 22 of the
Convention on the Law of the Sea.:
'he EEP e7tends 1CC nautical !iles fro! the
baseline. 'he EEP is reco/ni0ed in the 4D
Convention on the Law of the Sea. Althou/h it is
not part of the national territor"5 e7clusive econo!ic
benefit is reserved for the countr" within the 0one.
B" virtue of PD (8))5 the Philippine declares that it
has soverei/n ri/hts to e7plore5 e7ploit5 conserve
and !ana/e the natural resources of the seabed5
subsoil5 and super3acent waters. Jther states are
prohibited fro! usin/ the 0one e7cept for
navi/ation and overfli/ht5 la"in/ of sub!arine
cables and pipeline5 and other lawful uses related
to navi/ation and co!!unication.
.% Distin*uis# t#e fla* state an! t#e fla* of
con"enience. 91CC6 Bar Question:
-la/ state !eans a ship has the nationalit" of the
fla/ of the state it flies5 but there !ust be a /enuine
lin. between the state and the ship. 9Article )( of
the Convention on the Law of the Sea:
-la/ of convenience refers to a state with which a
vessel is re/istered for various reasons such as
low or nonEe7istent ta7ation or low operatin/ costs
althou/h the ship has no /enuine lin. with the
state. 9#arris5 Cases and ;aterials on $nternational
Law5 8
th
ed.5 ())*5 p. 618.:
(C
SCHOOL OF LAW
ARIS S. MANGUERA
ARTICLE II
DECLARATION O- PRINCIPLES AND
STATE POLICIES
I& Principles an! State Policies
II& State as a .e#al Concept
PRINCIP.ES
III& Repu%licanism 9Q (:
IV& Incorporation Clause 9Q1:
V& Supremac' of Civilian
Authorit'9Q2:
VI& Defense of State 9Q6:
VII& Peace an! Or!er9Q8:
VIII& Separation of Church an!
State 9Q>:
S,A,E PO.ICIES
I/& In!epen!ent +orei#n
Polic'9Q+:
/& +ree!om from Nuclear
Weapons9Q*:
/I& *ust an! D'namic Social
Or!er 9Q):
/II& Promotion of Social *ustice
9Q(C:
/III& Respect for Human
Di#nit'9Q((:
/IV& +amil'5 Rearin# the 0outh
9QQ (1E(2:
/V& Women9Q(6:
/VI& Health
/VII& )alance! an! healthful
Ecolo#'9QQ(8E(>:
/VIII& E!ucation- Science an!
,echnolo#'9Q(+:
/I/& .a%or9Q(*:
//& Econom'9Q():
//I& Private Sector an! Private
Enterprise 9Q1C:
//II& Comprehensive Rural
Development 9Q1(:
//III& In!i#enous Cultural
Communities 9Q11:
//IV& Sectoral Or#ani1ations 9Q12:
//V& Communication an!
Information 9Q16:
//VI& .ocal Autonom' 9Q18:
//VII& E2ual Access to
Opportunities 9Q1>:
//VIII& Pu%lic Service 9Q1+:
//I/& +ull Pu%lic Disclosure 9Q1*:
I. P(inciples an! State Policies
A. Desc(iption
'his portion of the Constitution 9Article $$: !i/ht be
called the asic political c(ee! of t#e nation.
:A
B. -unction of t#e ;Decla(ation of P(inciples an!
State Policies? in t#e Constitution
$t is the state!ent of the basic ideolo/ical principles
and policies that underlie the Constitution. As such5
the provisions shed li/ht on the !eanin/ of the
other provisions of the Constitution and the" are a
*ui!e fo( all !epa(t&ents of the /overn!ent in
the i!ple!entation of the Constitution.
>8
C. W#at a(e P(inciples, W#at a(e Policies,
P(inciples are bindin/ rules which !ust be
observed in the conduct of the /overn!ent.
>>
Policies are /uidelines for the orientation of the
state.
>+
Note= 'he distinction between principles and
polices is of little si/nificance because not all of the
si7 AprinciplesB are selfEe7ecutor" and so!e of the
ApoliciesB alread" anchor 3usticiable ri/hts.
>*
o Section 8 9!aintenance of peace and
orderKpro!otion of /eneral werlfareK: is a
!ere /uideline. 9Section (> 9ri/ht of the
people to a balanced and healthful ecolo/" is
ri/htEconferrin/ provisions. 9Jposa vs.
-actoran:
Section 3. 'he Philippines is a
de!ocratic and republican State.
Soverei/nt" resides in the people and
all /overn!ent authorit" e!anates
fro! the!.
II. State as a Le*al Concept
:e#inition o# a State
1lements o# a State
6oernment
Acts o# State
State Immunity
A. Definition of a State
A state refers to a co!!unit" of persons5 !ore or
less nu!erous5 per!anentl" occup"in/ a definite
portion of territor"5 independent of e7ternal control5
+4
See 'anada v. Angara. See icente !inco, Philippine Political "aw
11+ (11
th
ed., 1$+2*.
+%
,ernas Primer at /(2##+ ed.*
++
See 0 =9C;=D ;F 'D9 C;:!'0'?'0;:A" C;440!!0;:
/+2 and %2#.
+/
See 0 =9C;=D ;F 'D9 C;:!'0'?'0;:A" C;440!!0;:
/+2 and %2#.
+2
,ernas Commentar-, p &/(2##& ed*.
((
SCHOOL OF LAW
ARIS S. MANGUERA
and possessin/ an or/ani0ed /overn!ent to which
the /reat bod" of inhabitants render habitual
obedience.
>)
B. Ele&ents of a State
(. People
1. 'erritor"
2. Soverei/nt"
6. Govern!ent
3. People
A co!!unit" of persons sufficient in nu!ber and
capable of !aintainin/ the continued e7istence of
the co!!unit" and held to/ether b" a co!!on
bond of law.
+C
Diffe(ent Meanin*s of ;People? as use! in t#e
Constitution%
(. $nhabitants
+(
1. Electors
+1
2. Citi0ens
+2
6. Soverei/n. 'he people or/ani0ed
collectivel" as a le/al association is the
state which soverei/nt" resides.
+6
2. Te((ito()
'erritor" is the fi7ed portion of the surface of the
earth inhabited b" the people of the state.
+8
'erritor" as an ele!ent of a state !eans an area
over which a state has effecti"e cont(ol.
8:
G. So"e(ei*nt)
:e#inition
Ainds
Characteristics
1##ects o# 8elligerent 3ccupation
1##ects o# Change in Soereignty
:ominium . Imperium
;urisdiction
"Soereignty resides in the people$
a. So"e(ei*nt)
'he supre!e and uncontrollable power inherent in
a State b" which that State is /overned.
++

+$
,ernas Commentar-, p &$ (2##& ed*.
/#
,ernas Commentar-, p 4# (2##& ed*.
/1
Article 00, !ection 1%, 1+3 Article 000, !ection 23 Article 8000,
!ection 1.
/2
Article 00, !ection 43 Article 80, !ection 23 Article 8000,
!ection 2%*
/&
Article 00, !ection 43 Article 000, !ection /.
/4
Preamble3 Article 00, !ection 1.
/%
/+
//
@arner cited in Cru), Philippine Political "aw, p. 2+ (1$$% ed*.
$n autoEli!itation ter!s= $t is the propert" of a StateE
force due to which it has the e2clusie capacity o#
legal determination and restriction.
. 5in!s%
(. Le/al
1. Political
2. $nternal
6. E7ternal
Le*al So"e(ei*nt).
Cru1" Le/al soverei/nt" is the authorit" which
has the power to issue final co!!ands. $n our
countr"5 the Con/ress is the le/al soverei/n.
+*
)ernas" Le/al soverei/nt" is the supre!e
power to affect le/al interests either b"
le/islative5 e7ecutive or 3udicial action. 'his is
lod/ed in the people but is nor!all" e7ercised
b" state a/encies
+)
3)ernas" +olitical writers distinguish between
legal soereignty and political soereignty. !he
#ormer is described as the supreme power to
make laws and the latter as the sum total o# all
in#luences in a state, legal or nonBlegal, which
determine the course o# law. Sinco pre#ers not
to make the distinction and places legal
soereignty in the state itsel# considered as a
?uridical person.4
Political So"e(ei*nt)
Su! total of all the influences of a State5 le/al
and nonEle/al which deter!ine the course of
law.
Inte(nal So"e(ei*nt)
$t refers to the power of the State to control its
do!estic affairs. $t is the supre!e power over
ever"thin/ within its territor".
E@te(nal So"e(ei*nt)
Also .nown as In!epen!ence5 which is
freedo! fro! e7ternal control. $t is the power
of State to direct its relations with other
States.
*C
c. C#a(acte(istics of So"e(ei*nt)
/2
/$
,ernas Primer at 2 (2##+ ed.*3 !ection 1 of Article 00 sa-sA
B!overeignt- resides in the people an all government authorit-
emanates from them.C !overeignt- in this sentence therefore can be
understood as the source of ultimate legal authorit-. !ince the
ultimate law in the Philippine s-stem is the constitution, sovereignt-,
understood as legal sovereignt-, means the power to adapt or alter a
constitution. 'his power resides in the BpeopleC understood as those
who have a direct hand in the formulation, adoption, and amendment
or alteration of the Constitution. (,ernas Commentar-, p %% (2##&
ed*.
2#
(1
SCHOOL OF LAW
ARIS S. MANGUERA
$t is per!anent5 e7clusive5 co!prehensive5
absolute5 indivisible5 inalienable5 and
i!prescriptible.
*(
But wait' in the case of 'anada v. An/ara5 it was
held that soverei/nt" of a state cannot %e
a%solute. $t is sub3ect to li!itations i!posed b"
!e!bership in the fa!il" of nations and li!itations
i!posed b" treaties. 'he Constitution did not
envision a her!itEt"pe isolation of the countr" fro!
the rest of the world. 91CCC Bar Question:
!. Effects of Belli*e(ent Occupation
As to political laws. Do chan/e of soverei/nt"
durin/ a belli/erent occupation5 the political laws of
the occupied territor" are merel' suspen!e!5
sub3ect to revival under the ?us postliminium upon
the end of the occupation.
Dote that the rule suspendin/ political laws affects
onl" the civilian inha%itants of the occupied
territor" and is not intended to bind the ene!ies in
ar!s. Also5 the rule does not appl" to the law on
treason althou/h decidedl" political in character.
As to nonHpolitical laws. 'he nonEpolitical laws
are !eeme! continue! unless chan#e! b" the
belli/erent occupant since the" are intended to
/overn the relations of individuals as a!on/
the!selves and are not /enerall" affected b"
chan/es in re/i!es of rulers.
As fo( +u!icial !ecisions. As for 3udicial decisions
the sa!e are valid durin/ the occupation and even
be"ond e7cept those of a political co!ple7ion5
which are auto!aticall" annulled upon the
restoration of the le/iti!ate authorit".
*1

e. Effects of C#an*e in So"e(ei*nt)
As to political laws. here there is a chan/e in
soverei/nt"5 the political laws of the for!er
soverei/n are not !erel" suspended but
a%ro#ate! unless the" are retained or reEenacted
b" positive act of the new soverei/n.
As to nonHpolitical laws. DonEpolitical laws5
continue in operation.
f. I&pe(iu& ". Do&iniu&
I&pe(iu&. State@s authorit" to /overn. Covers such
activities as passin/ laws5 /overnin/ territor"5
!aintainin/ peace and order over it5 and defendin/
a/ainst forei/n invasion. 'his is the authorit"
possessed b" the State e!braced in the concept of
soverei/nt".
21
"aurel v. 4isa, // Phil 2%+.
22
Cru), Philippine Political "aw, p. 22 (1$$% ed
Do&iniu&. Capacit" of the State to own propert".
Covers such ri/hts as title to land5 e7ploitation and
use of it5 and disposition or sale of the sa!e.
*. 4u(is!iction
&urisdiction is the !anifestation of soverei/nt". 'he
3urisdiction of the state is understood as both its
authorit" and the sphere of the e7ercise of that
authorit".
5in!s of 4u(is!iction%
(. Te((ito(ial +u(is!ictionE authorit" of the
state to have all persons and thin/s within
its territorial li!its to be co!pletel" sub3ect
to its control and protection.
*2
1. Pe(sonal +u(is!ictionE authorit" of the
state over its nationals5 their persons5
propert"5 and acts whether within or
outside its territor" 9e./. Art. (85CC:
2. E@t(aHte((ito(ial +u(is!ictionE authorit" of
the State over persons5 thin/s5 or acts5
outside its territorial li!its b" reason of
their effect to its territor".
E@a&ples=
(. Assertion of its personal 3urisdiction over
its nationals abroadG or the e7ercise of its
ri/hts to punish certain offenses
co!!itted outside its territor" a/ainst its
national interests even if the offenders are
nonEresident aliensG
1. B" virtue of its relations with other states
or territories5 as when it establishers a
colonial protectorate5 or a condo!iniu!5
or ad!inisters a trust territor"5 or occupies
ene!" territor" in the course of warG
2. hen the local state waives its 3urisdiction
over persons and thin/s within its territor"5
as when a forei/n ar!" stationed therein
re!ains under the 3urisdiction of the
sendin/ statesG
6. b" the principle of e7tra territorialit"5 as
illustrated b" the i!!unities of the head of
state in a forei/n countr"G
8. 'hrou/h the en3o"!ent or ease!ents or
servitudes5 such as the ease!ent of
innocent passa/e or arrival under stressG
>. 'he e7ercise of 3urisdiction b" the state in
the hi/h seas over its vesselsG over
piratesG in the e7ercise of the ri/ht to visit
2&
9.empt areA
1. Foreign states, heads of state, diplomatic representatives,
and consuls to a certain degree3
2. Foreign state propert-, including embassies, consulates,
and public vessels engaged in non7commercial activities3
&. Acts of state3
4. Foreign merchant vessels e.ercising the rights of innocent
passage or involuntar- entr-, such as the arrival under
stress3
%. Foreign armies passing through or stationed in its territor-
with its permission3
+. !uch other persons or propert-, including organi)ations
li6e the ?nited :ations, over which it ma-, b- agreement,
waive 5urisdiction.
(2
SCHOOL OF LAW
ARIS S. MANGUERA
and searchG and under the doctrine of hot
pursuitG
+. 'he e7ercise of li!ited 3urisdiction over the
conti/uous 0one and the patri!onial sea5
to prevent infrin/e!ent of its custo!s5
fiscal5 i!!i/ration or sanitar" re/ulations.
#. 4u(istic T#eo() of So"e(ei*nt)
'he le/alistic and anal"tical view of soverei/nt"
considers the state as a corporate entit'5 a
3uridical person.
*6
$t ta.es the state purel" as a
le/al or/anis!. $t does not have an"thin/ to do at
all with its social and historical bac./round.
i. ;So"e(ei*nt) (esi!es in t#e PEOPLE?
'he ApeopleB in the sense in which it is used here
refers to the entire citi1enr' consi!ere! as a
unit.
*8
A. /o"e(n&ent
/o"e(n&ent. 'hat institution or a//re/ate of
institutions b" which an independent societ" !a.es
and carries out those rules of action which are
necessar" to enable !en to live in a social state5 or
which are i!pose upon the people for!in/ that
societ" b" those who possess the power or
authorit" of prescribin/ the!.
*>
C /o"e(n&ent
3. /o"e(n&ent of t#e Repulic of t#e
P#ilippines
'he Govern!ent of the ,epublic of the Philippines
is a ter! which refers to the corporate
#overnmental entit' throu/h which the functions
of /overn!ent are e7ercised throu/hout the
Philippine $slands5 includin/5 save as the contrar"
appears fro! conte7t5 the various ar!s throu/h
which political authorit" is !ade effective in said
$slands5 whether pertainin/ to the central
Govern!ent or to the provincial or !unicipal
branches or other for! of local /overn!ent.
9Section 1 of the ,evised Ad!inistrative Code
9()(+:.
3n the national scale, the term "goernment o# the
+hilippines$ re#ers to the three great departments.
3n the local leel, it means the regional proincial,
city municipal an barangay goernments.
It does not include goernment entities which are
gien a corporate personality separate and distinct
#or the goernment and which are goerned by the
corporation law.
2. /o"e(n&ent ". A!&inist(ation
24
!inco, Philippine Political "aw, p 12 (1$%4ed*.
2%
!inco, Philippine Political "aw, p 1$ (1$%4ed*.
2+
?! v. Dorr, 2 Phil &&2 cited in ,acani v. :AC;C;, 1## Phil. 4+2
(1$%+*.
Govern!ent is the institution throu/h which the
state e7ercises power. Ad!inistration consists of
the set of people currentl" runnin/ the institution.
*+

G. -unctions of /o"e(n&ent
9(: /o"e(n&ental 9Constituent:E are the
co!pulsor" functions which constitute the ver"
bonds of societ".
91: P(op(ieta() 9;inisterial:Noptional functions of
the /overn!ent for achievin/ a better life for
the co!!unit". 9Bacani v. DACJCJ:
/o"e(n&ental -unction
$!ple!entation of the land refor! !a" not strictl" be
AconstituentB in the sense of 8acani but the
co!pellin/ ur/enc" with which the Constitution
spea.s of social 3ustice does not leave an" doubt that
lan! (efo(& is not an optional but a co&pulso()
function of so"e(ei*nt). 9ACC-A v. C4GCJ:
'he functions of the Veterans -ederation of the
Philippines fall within the cate/or" of soverei/n
functions. 9Veterans -ederation of the Phils. V. ,e"es
6*2 SC,A 81>:
'he ;anila $nternational Airport Authorit" is a
/overn!ental instru!entalit" vested with corporate
powers to perfor! its /overn!ental function. $t
perfor!s /overn!ent functions essential to the
operation of an international airport. 9;$AA v. CA:
#ousin/ is a /overn!ental function since housin/ is
considered an essential service. 9P##C v. C$,:
'he D#A is tas.ed with i!ple!entin/ the
/overn!ental pro/ra! of providin/ !ass housin/ to
!eet the needs of -ilipinos for decent housin/. 'he
D#A is e7e!pt fro! pa"in/ doc.et fees in suits in
relation to its /overn!ental functions. 9Badillo v.
'a"a/:
'he 9,CA: ,ice and Corn Ad!inistration is a
/overn!ent !achiner" to carr" out declared
/overn!ent polic" to stabili0e the price of pala"5 rice5
and corn and !a.in/ it within the reach of avera/e
consu!ers. $ts activit" of bu"in/ and sellin/ corn is
onl" an incident to its *o"e(n&ent function. #ence5
it is e7e!pt fro! postin/ an appeal bond. 9,epublic v.
C-$:
'he AA-P ,etire!ent and Benefits S"ste!B is a
/overn!ent entit" and its funds are in the nature of
public funds 9People v. Sandi/anba"an:
P(op(ieta() -unction
4nderta.in/ to suppl" water for a price is considered
a trade and not a /overn!ental activit". 9Spouses
-ontanilla v. ;alia!an:
Civil Aeronautics Ad!inistration is in char/e of the
ad!inistration of ;$A5 it is perfor!in/ proprietar"
functions5 hence it can be sued even when the clai!
is based on a <uasiEdelict. 9CAA v. CA:
A. Doct(ine of Pa(ens Pat(iae
Literall"5 Aparent of the people.B Jne of the
i!portant tas.s of the /overn!ent is to act for the
State as parens patriae5 or /uardian of the ri/hts of
the people.
**
2/
(6
SCHOOL OF LAW
ARIS S. MANGUERA
B. Classification of /o"e(n&ent on t#e Basis of
Le*iti&ac)
(. De &ure Govern!ent
1. De -acto Govern!ent
De 4u(e /o"e(n&ent. Jne established b"
authorit" of the le/iti!ate soverei/n.
*)
De -acto /o"e(n&ent. Jne established in
defiance of the le/iti!ate soverei/n.
)C
$t actuall"
e7ercises power or control without le/al title.
)(
G 5in!s of De -acto /o"e(n&ent%
(. ,he #overnment that #ets
possession an! control or- or usurps-
%' force or %' the voice of ma5orit'5 the
ri/htful le/al /overn!ent and !aintains
itself a/ainst the will of the latter. 9Such as
the /overn!ent of En/land under the
Co!!onwealth5 first b" Parlia!ent and
later b" Cro!well as Protector.:
1. Esta%lishe! an! maintaine! %'
inva!in# militar' forces& 'hat
established as an independent
/overn!ent b" the inhabitants of a
countr" who rise in insurrection a/ainst
the parent state 9Such as the /overn!ent
of the Southern Confederac" in revolt
a/ainst the 4nion durin/ the war of
secession in the 4nited States.:
2. 6overnment of paramount force&
'hat which is established and !aintained
b" !ilitar" forces who invade and occup"
a territor" of ene!" in the course of war.
)1
22
Cru), Philippine Political "aw, p. 2& (1$$% ed*.
2$
,ernas Primer at $ (2##+ ed.*
$#
$1
$2
0t has been held that the !econd =epublic of the Philippines was a
de facto government of paramount force, having been established b-
the 1apanese belligerent during the occupation of the Philippines in
>orld >ar 00.
'he characteristics of this 6ind of de facto government areA
(. 0ts e.istence is maintained b- active militar- power
within the territories, and against the rightful authorit- of
an established and lawful government.
1. During its e.istence, it must necessaril- be obe-ed in civil
matters b- private citi)ens who, b- acts of obedience
rendered in submission to such force, do not become
responsible, as wrongdoers, for those acts, though not
warranted b- the laws of the rightful government. Actual
governments of this sort are established over districts
differing greatl- in e.tent and conditions. 'he- are
usuall- administered b- militar- authorit-, supported
more or less directl- b- militar- force. (Co Mi! Chan v.
Valde0 5 +8 Phil ((2:
B" contrast5 the Supre!e Court unani!ousl" held in 7awyers
7eague #or a 8etter +hilippines . Cora=on A%uino that Athe
people have !ade the 3ud/!entG the" have accepted the
/overn!ent of President Cora0on A<uino which is in effective
control of the entire countr" so that it is not !erel" a de #acto
/overn!ent but in fact and law a de ?ure goernment.
9Such as the cases of Castine in ;aine5
which was reduced to a British possession
in the war of (*(15 and 'a!pico5 ;e7ico5
occupied durin/ the war with ;e7ico b"
the troops of the 4S.: 9Co Mi! Chan v.
Valde0 5 +8 Phil ((2:
Note%
'he /overn!ent under Cor" A<uino and the
-reedo! Constitution is a de ?ure /overn!ent.
$t was established b" authorit" of the le/iti!ate
soverei/n5 the people. $t was a revolutionar"
/overn!ent established in defiance of the
()+2 Constitution. 9$n ,e Letter of Associate
&ustice Puno5 1(C SC,A 8*) 9())1:.
'he /overn!ent under President Gloria
;acapa/al Arro"o established after the ouster
of President Estrada is de 3ure /overn!ent.
)2
Sinco on Re"olution o( Di(ect State Action%
;$t so!eti!es happens that the people rise in
revolt a/ainst the e7istin/ ad!inistration
H/overn!entI and throu/h force or threats
succeed in alterin/ the constituted or/ans of
the /overn!ent. -ro! the point of view of the
e7istin/ constitutional plan5 that act is ille/alG
but considered fro! the point of view of the
sate as a distinct entit" not necessaril" bound
to e!plo" a particular /overn!ent or
ad!inistration to carr" out its will5 it is the
direct act of the state itself because it is
successful. As such5 it is le/al5 for whatever is
attributable to the state is lawful. 'his is the
le/al and political basis of the !octrine of
revolution&7
89
B. P(esi!ential ". Pa(lia&enta() fo(& of
*o"e(n&ent 91CC> Bar E7a! Question:
'he p(esi!ential for! of /overn!ent@s identif"in/
feature is what is called the Aseparation of
powers.B
)8
'he essential characteristics of a pa(lia&enta()
for! of /overn!ent are=
(. 'he !e!bers of the /overn!ent or
cabinet or the e7ecutive ar! are5 as a
rule5 si!ultaneousl" !e!bers of the
le/islatureG
1. 'he /overn!ent or cabinet consistin/ of
the political leaders of the !a3orit" part" or
of a coalition who are also !e!bers of the
le/islature5 is in effect a co!!ittee of the
le/islatureG
;oreover5 the co!!unit" of nations has reco/ni0ed the
le/iti!ac" of the present /overn!ent.B
$&
$4
!inco, Philippine Political "aw, p / (1$%4ed*.
$%
,ernas Primer at 1# (2##+ ed.*
(8
SCHOOL OF LAW
ARIS S. MANGUERA
2. 'he /overn!ent or cabinet has a
p"ra!idal structure at the ape7 of which is
the Pri!e ;inister or his e<uivalentG
6. 'he /overn!ent or cabinet re!ains in
power onl" for so lon/ as it en3o"s the
support of the !a3orit" of the le/islatureG
%. Both /overn!ent and le/islature are
possessed of control devices which each
can de!and of the other i!!ediate
political responsibilit". $n the hands of the
le/islature is the vote of nonEconfidence
9censure: whereb" /overn!ent !a" be
ousted. $n the hands of the /overn!ent is
the power to dissolve the le/islature and
call for new elections.
)>
.= hat constitutional for!s of /overn!ent
have been e7perienced b" the Philippines
since ()28R
A= Presidential and presidential onl".
)+
C. Acts of State
An act of State is done b" the soverei/n power of a
countr"5 or b" its dele/ate5 within the li!its of the
power vested in hi!.
)*

ithin particular reference to Political Law5 an act
of State is an act done b" the political depart!ents
of the /overn!ent and not sub3ect to 3udicial
review. An illustration is the decision of the
President5 in the e7ercise of his diplo!atic power5
to e7tend reco/nition to a newl"Eestablished forei/n
State or /overn!ent.
))
D. State I&&unit)
A'he State cannot be sued without its consent.B
9Article SV$5 Section 2:
(State immunity will be discussed under Article C<I,
Section 4/
PRINCIPLES
III. Repulicanis&
Section 3. 'he Philippines is a
!e&oc(atic an! (epulican State.
Soverei/nt" resides in the people and
all /overn!ent authorit" e!anates
fro! the!.
A. Repulic
$+
$/
$2
$$
Repulic is a representative /overn!ent run b"
the people and for the people.
(CC
Repulican state is a state wherein all
/overn!ent authorit" e!anates fro! the people
and is e7ercised b" representatives chosen b" the
people.
(C(
B. Essential -eatu(es of Repulicanis&
'he essence of republicanis! is representation
and renovation. 'he citi0enr" selects a corps of
public functionaries who derive their !andate fro!
the people and act on their behalf5 servin/ for a
li!ited period onl"5 after which the" are replaced or
retained at the option of their principal.
(C1
C. Manifestations of Repulicanis&
(. Jurs is a /overn!ent of laws and not of !en.
9Villavicencio v. Lu.ban5 2) Phil ++*:
1. ,ule of ;a3orit" 9Pluralit" in elections:
2. Accountabilit" of public officials
6. Bill of ,i/hts
8. Le/islature cannot pass irrepealable laws
>. Separation of powers
D. ;De&oc(atic State?
$n the view of the new Constitution5 the Philippines
is not onl" a representative or republican state but
also shares so!e aspects of direct de!ocrac"
such as Ainitiative and referendu!B. 'he word
de!ocratic is also a !onu!ent to the -ebruar"
,evolution which reEwon freedo! throu/h direct
action of the people.
E. Constitutional Aut#o(ita(ianis&
Constitutional authoritarianis! as understood and
practiced in the ;arcos re/i!e under the ()+2
Constitution5 was the assu!ption of e7traordinar"
powers b" the President5 includin/ le/islative and
3udicial and even constituent powers.
(C2
.% $s constitutional authoritarianis! co!patible
with a republican stateR
A% Tes if the Constitution upon which the E7ecutive
bases his assu!ption of power is a le/iti!ate
e7pression of the people@s will and if the E7ecutive
who assu!es power received his office throu/h a
valid election b" the people.
(C6
IV. Renunciation of Wa(1 Inco(po(ation Clause1
Polic) of PE4H-CA wit# All Nations
1##
Cru), Philippine Political "aw, p. %# (1$$% ed*.
1#1
1#2
Cru), Philippine Political "aw, p. %# (1$$% ed*.
1#&
1#4
(>
SCHOOL OF LAW
ARIS S. MANGUERA
Section 2. 'he Philippines renounces
war as an instru!ent of national
polic"5 adopts the /enerall" accepted
principles of international law as part
of law of the land and adheres to the
polic" of peace5 e<ualit"5 3ustice5
freedo!5 cooperation5 and a!it" with
all nations.
A. Renunciation of Wa(
A'he Philippines renounces war as an instru!ent of
national polic"KB
(9ead along +reamble, Article II Secs. * D)> Article
C<III Sec. E5/
3. A**(essi"e Wa(
'he Philippines onl" renounces AGG,ESS$VE war
as an instru!ent of national polic". $t does not
renounce defensive war.
2. P#ilippines Renounces Not Onl) Wa(
As !e!ber of 4nited Dations5 the Philippines does
not !erel" renounce war but adheres to Article 196:
of the 4D charter which sa"s= A All ;e!bers shall
(ef(ain in t#ei( inte(national (elations f(o& t#e
t#(eat o( use of fo(ce a/ainst the territorial
inte/rit" or political independence of an" state5 or in
an" other !anner inconsistent with Purposes of the
4ntied Dations.B
G. 0isto(ical De"elop&ent of t#e Polic)
Con!e&nin* o( Outlawin* Wa( in t#e
Inte(national Scene%
:& Covenant of the .ea#ue of NationsE
provided conditions for the ri/ht to /o to war.
;& <ello##=)rian! Pact of :8;>E also
.nown as the General 'reat" for the
,enunciation of ar5 ratified b" >1 states5
which forbade war as Aan instru!ent of
national polic".B
?& Charter of the @nite! NationsE Prohibits
the threat or use of force a/ainst the territorial
inte/rit" or political independence of a State.
B. Inco(po(ation Clause
A'he PhilippinesKadopts the /enerall" accepted
principles of international law as part of law of the
landKB
3. Acceptance of Dualist View
$!plicit in this provision is the acceptance of the
!ualist vie of le/al s"ste!s5 na!el" that
domestic law is distinct #rom international law.
Since dualis! holds that international law and
!unicipal law belon/ to different spheres5
international law beco!es part of !unicipal law
onl" if it is incorporated in to !unicipal law.
(C8
2 Doct(ine of Inco(po(ation 9())+ Bar Question:
Ever" state is5 b" reason of its !e!bership in the
fa!il" of nations5 bound b" the #enerall'
accepte! principles of international la5 which
are consi!ere! to %e automaticall' part of its
on las. 'his is the doctrine of incorporation.
(C>
G. Inte(national Law
Inte(national Law
!raditional de#inition= $t is a bod" of rules and
principles of action which are bindin/ upon civili0ed
states in their relation to one another.
9estatement= 'he law which deals with the conduct
of states and of international or/ani0ations and with
their relations inter se5 as well as with so!e other
relations with persons5 natural or 3uridical.
A. To W#at Ele&ents of Inte(national Law !oes
t#e p(inciple of inco(po(ation appl),
Since treaties beco!e part of Philippine law onl"
b" ratification5 the principle of incorporation applies
onl" to customar' la an! to treaties hich
have %ecome part of customar' la.
(C+
B. Effect of Inco(po(ation Clause
$nternational law therefore can be used b"
Philippine courts to settle do!estic disputes in
!uch the sa!e wa" that the" would use the Civil
Code or the Penal Code and other laws passed b"
Con/ress.
(C*
C. Polic) of PE4H-CA wit# All Nations
A'he PhilippinesKadheres to the polic" of peace5
e<ualit"5 3ustice5 freedo!5 cooperation5 and a!it"
with all nations.B
.% Does the affir!ation of a!it" will all nations
!ean auto!atic diplo!atic reco/nition of all
nationsR
A% Do. A!it" with all nations is an ideal to be ai!ed
at. Diplo!atic reco/nition5 however5 re!ains a
!atter of e7ecutive discretion.
(C)
V. Sup(e&ac) of Ci"ilian Aut#o(it)
Section G. Civilian Authorit" is5 at all
ti!es supre!e over the !ilitar". 'he
Ar!ed -orces of the Philippines is
the protector of the people and the
State. $ts /oal is to secure the
1#%
,ernas Commentar-, p +1 (2##& ed*.
1#+
Cru), Philippine Political "aw, p. %% (1$$% ed*.
1#/
1#2
1#$
,ernas Primer at 1& (2##+ ed.*
(+
SCHOOL OF LAW
ARIS S. MANGUERA
soverei/nt" of the State and inte/rit"
of the national territor".
A. Ci"ilian Aut#o(it)
'hat ciilian authority is at all times supreme oer
the military is i!plicit in a republican s"ste!.
((C
Still5
it was felt advisable to e7pressl" affir! this
principle in the Constitution to alla" all fears of a
!ilitar" ta.eEover of our civilian /overn!ent.
(((
$t was also fittin/l" declared that the President5 who
is a civilian official5 shall be the co!!anderEinEchief
of all the ar!ed forces of the Philippines.
((1
.% Does this !ean that civilian officials are superior
to !ilitar" officialsR
A% Civilian officials are superior to !ilitar" official
onl" when a law !a.es the! so.
((2
B. A(&e! -o(ces of t#e P#ilippines
3. Reasons =in t#e constitution> fo( t#e
e@istence of t#e a(&e! fo(ces
9(: As protector of the people and the State
91: 'o secure the soverei/nt" of the State and the
inte/rit" of the national territor".
((6
92: 'he" !a" be called to prevent or suppress
lawless violence5 invasion or rebellion.
((8
96: All ;e!bers of the ar!ed forces shall ta.e an
oath or affir!ation to uphold and defend the
Constitution.
((>
2. Co&position
'he Ar!ed -orces of the Philippines shall be
co!posed of a citi0en ar!ed force which shall
under/o !ilitar" trainin/ and serve as !a" be
provided b" law. 9Article SV$5 Section 6:
G. On Politics
'he ar!ed forces shall be insulated fro! partisan
politics. Do !e!ber of the !ilitar" shall en/a/e
directl" or indirectl" in an" partisan political activit"5
e7cept to vote. 9Article SV$5 Section 8:
.% $s the provision an assertion of the political
role of the !ilitar"R
A% Do. 'he phrase Ap(otecto( of t#e peopleB
was not !eant to be an assertion of the
political role of the !ilitar". 'he intent of the
11#
Cru), Philippine Political "aw, p. +/ (1$$% ed*.
111
Cru), Philippine Political "aw, p. +/ (1$$% ed*.
112
Article 00, !ection 12.
11&
114
Article 00, !ection &.
11%
Article 00, !ection 12. See 0,P v. Eamora.
11+
Article 80, !eciton %.
phrase Aprotector of the peopleB was rather to
!a.e it as corrective to !ilitar" abuses
e7perienced durin/ !artial rule.
((+
.% Does this !ean that the !ilitar" has no
!ilitar" roleR
A% )ernas" 'he !ilitar" e7ercise of political
power can be 3ustified as a last resortNwhen
civilian authorit" has lost its le/iti!ac".
((*
(!his is dangerous./
A . Ba( .uestion 91CC2:
.% $s the PDP covered b" the sa!e !andate under
Article $$5 Section 2R
A% Do. 'his provision is specificall" addressed to
the A-P and not to the PDP5 because the latter is
separate and distinct fro! the for!er. 9,ecord of
the Constitutional Co!!ission5 Volu!e V5 p. 1)>G
;analo v. Sisto0a5 2(1 SC,A 12):
VI. Defense of State
Section A. 'he pri!e dut" of the
/overn!ent is to serve and protect
the people. 'he Govern!ent !a" call
upon the people to defend the state
and5 in the fulfill!ent thereof5 all
citi0ens !a" be re<uired5 under
conditions provided b" law5 to render
personal !ilitar" or civil service.
VII. Peace an! O(!e(
Section B. 'he !aintenance of
peace and order5 the protection of life5
libert" and propert"5 and the
pro!otion of /eneral welfare are
essential for the en3o"!ent b" all the
people of the blessin/s of de!ocrac".
Section 8 is not a selfEe7ecutin/ provision. $t is
!erel" a /uideline for le/islation. 9Milosba"an v.
;orato:
Ri*#t to ea( a(&s. 'he ri/ht to bear ar!s is a
statutor"5 not a constitutional ri/ht. 'he license to
carr" a firear! is neither a propert" nor a propert"
ri/ht. Deither does it create a vested ri/ht. Even if it
were a propert" ri/ht5 it cannot be considered
absolute as to be placed be"ond the reach of
police power. 'he !aintenance of peace and order5
and the protection of the people a/ainst violence
are constitutional duties of the State5 and the ri/ht
to bear ar!s is to be construed in connection and
11/
,ernas Commentar-, p ++ (2##& ed*.
112
,ernas Commentar-, p ++ (2##& ed*.
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in har!on" with these constitutional duties.
9Chave0 v. ,o!ulo5 1CC6:
VIII. Sepa(ation of C#u(c# an! State
Section :. 'he separation of Church
and State shall be inviolable.
A. Rationale
"Strong #ences make good neighbors.$ 'he idea is to
delineate boundaries between the two institutions and
thus avoid encroach!ents b" one a/ainst the other
because of a !isunderstandin/ of the li!its of their
respective e7clusive 3urisdictions.
(()
B. W#o is P(o#iite! f(o& Inte(fe(in*
Doct(ine cuts ot# wa)s. $t is not onl" the State that is
prohibited fro! interferin/ in purel" ecclesiastical
affairsG the Church is li.ewise barred fro! !eddlin/ in
purel" secular !atters.
(1C
9Cru0:
C. Sepa(ation of C#u(c# an! State is Reinfo(ce! )%
(. -reedo! of ,eli/ion Clause 9Article $$$5 Section
8:
1. ,eli/ious sect cannot be re/istered as a
political part" 9Article $SEC5 Section 198::
2. Do sectoral representatives fro! the reli/ious
sector. 9Article V$5 Section 8 91::
6. Prohibition a/ainst appropriation a/ainst
sectarian benefit. 9Article V$5 1)91::.
D. E@ceptions
(. Churches5 parsona/es5 etc. actuall"5 directl"
and e7clusivel" used for reli/ious purposes
shall be e7e!pt fro! ta7ation. 9Article V$5
Section 1*92::.
1. hen priest5 preacher5 !inister or di/nitar" is
assi/ned to the ar!ed forces5 or an" penal
institution or /overn!ent orphana/e or
leprosariu!5 public !one" !a" be paid to
the!. 9Article V$5 Section 1)91::
2. Jptional reli/ious instruction for public
ele!entar" and hi/h school students. 9Article
S$V5 Section 292::.
6. -ilipino ownership re<uire!ent for education
institutions5 e7cept those established b"
reli/ious /roups and !ission boards. 9Article
S$V5 Section 691::.
STATE POLICIES
II. In!epen!ent -o(ei*n Polic)
11$
Cru), Philippine Political "aw, p. +% (1$$% ed*.
12#
Cru), Philippine Political "aw, p. +% (1$$% ed*.
Section 8. 'he State shall pursue an
independent forei/n polic". $n its
relations with other states the
para!ount consideration shall be
national soverei/nt"5 territorial
inte/rit"5 national interest5 and the
ri/ht to selfEdeter!ination.
'he word ArelationsB covers the whole /a!ut of
treaties and international a/ree!ents and other
.inds of intercourse.
(1(
I. -(ee!o& f(o& Nuclea( Weapons
Section 7. 'he Philippines consistent
with the national interest5 adopts and
pursues a polic" of freedo! fro!
nuclear weapons in its territor".
A. Scope of Polic)
'he polic" includes the prohibition not onl" of the
possession5 control5 and !anufacture of nuclear
weapons but also nuclear ar!s tests.
B. E@ception to t#e Polic)
E7ception to this polic" !a" be !ade b" the
political depart!ent but it !ust be 3ustified b" the
de!ands of the national interest.
(11
'he polic" does not prohibit the peaceful use of
nuclear ener/".
(12
C. I&plication of t#e Polic) fo( t#e P(esence of
A&e(ican T(oops
An" new a/ree!ent on bases or the presence of
the troops5 if ever there is one5 !ust e!bod" the
basic polic" of freedo! fro! nuclear weapons.
;oreover5 it would be well within the power of
/overn!ent to de!and ocular inspection and
re!oval of nuclear ar!s.
(16
II. 4ust an! D)na&ic Social O(!e(
Section 6. 'he State shall pro!ote a
3ust and d"na!ic social order that will
ensure the prosperit" and
independence of the nation and free
the people fro! povert" throu/h
policies that provide ade<uate social
services5 pro!ote full e!plo"!ent5 a
121
,ernas Commentar-, p /2 (2##& ed*.
122
,ernas Primer at 1% (2##+ ed.*
12&
124
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raisin/ standard of livin/5 and an
i!proved <ualit" of life for all.
III. Social 4ustice
Section 3J. 'he State shall pro!ote
social 3ustice in all phases of national
develop!ent
A. Definition of Social 4ustice
Social &ustice is neither co!!unis!5 nor
despotis!5 nor ato!is!5 nor anarch"5 but the
humani1ation of the las an! the e2uali1ation
of the social an! economic forces %' the State
so that 5ustice in its rational an! o%5ectivel'
secular conception ma' at least %e
appro$imate!& 9Calalan/ v. illia!s:
Social 3ustice si!pl" !eans the e<uali0ation of
econo!ic5 political5 and social opportunities with
special e!phasis on the dut" of the state to tilt the
balance of social forces b" favorin/ the
disadvanta/ed in life.
(18
IIII. Respect fo( 0u&an Di*nit)
Section 33. 'he State values the
di/nit" of ever" hu!an person and
/uarantees full respect for hu!an
ri/hts.
'he concreti0ation of this provision is found
principall" in the Bill of ,i/hts and in the hu!an
ri/hts provision of Article S$$$.
(1>
-acts% Petitioners <uestioned the constitutionalit"
of PD (*>)5 which created the PAGCJ, and
authori0ed it to operate /a!blin/ casinos5 on the
/round that it violated Sections ((5 (1 and (2 of
Article $$ of the Constitution.
0el!% 'hese provisions are !erel" state!ents of
policies which are not selfEe7ecutin/. A law has to
be passed to i!ple!ent the!. 9Basco v. PAGCJ,5
()+ DC,A 81:
(1+
IIV. -a&il)K Rea(in* t#e Cout#
Section 32. 'he State reco/ni0es the
sanctit" of fa!il" life and shall protect
and stren/then the fa!il" as a basic
12%
,ernas Primer at 1+ (2##+ ed.*
12+
,ernas Commentar-, p 2& (2##& ed*.
12/
1acinto 1imene), Political "aw Compendium, 4 (2##+ ed.*
autono!ous social institution. $t shall
e<uall" protect the life of the !other
and the life of t#e uno(n f(o&
conception. 'he natural and pri!ar"
ri/ht and dut" of parents in rearin/ of
the "outh for civic efficienc" and the
develop!ent of !oral character shall
receive the support of the
/overn!ent.
Section 3G. 'he State reco/ni0es
the vital role of the "outh in nationE
buildin/ and shall pro!ote and
protect their ph"sical !oral5 spiritual5
intellectual5 and social wellEbein/. $t
shall inculcate in the "outh patriotis!
and nationalis!5 and encoura/e their
involve!ent in public and civic affairs.
A. -a&il)
-a!il"B !eans a stable heterose7ual relationship.
'he fa!il" is not a creature of the State.
(1*
B. Effect of t#e Decla(ation of -a&il) Autono&)
$t accepts the principle that the fa!il" is anterior to
the State and not a creature of the State. $t protects
the fa!il" fro! instru!entali0ation b" the State.
(1)
C. Pu(pose of Asse(tion of P(otection of t#e $no(n
'he purpose of the assertion that the protection
be/ins fro! the ti!e of conception is to p(e"ent
t#e State fo(& a!optin* t#e !oct(ine in Roe v&
Wa!e which liberali0ed abortion laws up to the
si7th !onth of pre/nanc" b" allowin/ abortion an"
ti!e durin/ the first si7 !onths of pre/nanc"
provided it can be done without dan/er to the
!other.
D. Le*al Meanin* of t#e P(otection /ua(antee! fo(
t#e $no(n.
(. 'his is not an assertion that the unborn is
a le/al person.
1. 'his is not an assertion that the life of the
unborn is placed e7actl" on the level of the life
of the !other. 9hen necessar" to save the
life of the !other5 the life of the unborn !a" be
sacrificedG but not when the purpose is !erel"
to save the !other fro! e!otional sufferin/5
for which other re!edies !ust be sou/ht5 or to
spare the child fro! a life of povert"5 which can
be attended to b" welfare institutions.:
(2C
E. E!ucation
122
,ernas Commentar-, p 24 (2##& ed*.
12$
1&#
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SCHOOL OF LAW
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$n the !atter of education5 the pri!ar" and natural
ri/ht belon/s to the parents. 'he State has a
secondar" and supportive role.
-o(ei*n Lan*ua*e. 'he State cannot prohibit the
teachin/ of forei/n lan/ua/e to children before
the" reach a certain a/e. Such restriction does
violence both to the letter and the spirit of the
Constitution. 9;e"er v. Debras.a:
Pulic Sc#ool. 'he State cannot re<uire children
to attend onl' public schools before the" reach a
certain a/e. 'he child is not a !ere creature of the
State. 'hose who nurture hi! and direct his destin"
have the ri/ht to reco/ni0e and prepare hi!.
9Pierce v. Societ" of Sisters:
Reli*ious $p(in*in*. 'he State cannot re<uire
children to continue schoolin/ be"ond a certain
a/e in the honest and sincere clai! of parents that
such schoolin/ would be har!ful to their reli/ious
upbrin/in/. Jnl" those interests of the State Aof the
hi/hest order and those not otherwise served can
overbalanceB the pri!ar" interest of parents in the
reli/ious upbrin/in/ of their children. 9isconsin v.
Toder:
Pa(ens Pat(iae. #owever5 as parens patriae5 the
State has the authorit" and dut" to step in where
parents fail to or are unable to cope with their
duties to their children.
IV. Wo&en
Section 3A. 'he State reco/ni0es the
role of wo!en in nationEbuildin/5 and
shall ensure the funda!ental e<ualit"
before the law of wo!en and !en.
'he provision is so worded as not to auto!aticall"
dislocate the Civil Code and the civil law
3urisprudence on the sub3ect. hat it does is to
/ive i!petus to the re!oval5 throu/h statutes5 of
e7istin/ ine<ualities. 'he /eneral idea is for the law
to i/nore se7 where se7 is not a relevant factor in
deter!inin/ ri/hts and duties. Dor is the provision
!eant to i/nore custo!s and traditions.
(2(
$n +hilippine !elegraph and !elephone Co. .
079C, '((*, the Supre!e Court held that the
petitioner@s polic" of not acceptin/ or considerin/
as dis<ualified fro! wor. an" wo!an wor.er who
contracts !arria/e 5 runs afoul of the test of5 and
the ri/ht a/ainst discri!ination5 which is
/uaranteed all wo!en wor.ers under the
Constitution. hile a re<uire!ent that a wo!an
e!plo"ee !ust re!ain un!arried !a" be 3ustified
as a Abona fide <ualificationB where the particular
1&1
re<uire!ents of the 3ob would de!and the sa!e5
discri!ination a/ainst !arried wo!en cannot be
adopted b" the e!plo"er as a /eneral principle.
IVI. 0ealt#
Section 3B. 'he State shall protect
and pro!ote the ri/ht to health of the
people and instill health
consciousness a!on/ the!.
'he provisions which directl" or indirectl" pertain to
the dut" of the State to protect and pro!ote the
people@s ri/ht to health and wellEbein/ are not selfE
e7ecutor". 'he" await i!ple!entation b" Con/ress.
(21
IVII. Balance! an! 0ealt#ful Ecolo*)
Section 3:. 'he State shall protect and
advance the ri/ht of the people to a
balanced and healthful ecolo/" in
accord with the rh"th! and har!on" of
nature.
Section (> provides for enforceable ri/hts. #ence5
appeal to it has been reco/ni0ed as conferrin/
Astandin/B on !inors to challen/e lo//in/ policies
of the /overn!ent. 9Jposa v. -actoran:
hile the (i*#t to a alance! an! #ealt#ful
ecolo*) is to be found under the Declaration of
Principles and State Policies and not under the Bill
of ,i/hts5 it does not follow that it is less i!portant
than an" of the civil and political ri/hts enu!erated
in the latter. Such a ri/ht belon/s to a different
cate/or" of ri/hts for it concerns nothin/ less than
sel#Bpreseration and sel#Bperpetuation. 'hese
basic ri/hts need not even be written in the
Constitution for the" are assu!ed to e7ist fro! the
inception of hu!an.ind. 9Jposa v. -actoran5())2:
Jn this basis too5 the SC upheld the e!power!ent
of the La/una La.e Develop!ent Authorit" 9LLDA:
to protect the inhabitants of the La/una La.e Area
fro! the deleterious effects of pollutants co!in/
fro! /arba/e du!pin/ and the dischar/e of
wastes in the area as a/ainst the local autono!"
clai! of local /overn!ents in the area. 9LLDA v.
CA5 ())8:
IVIII. E!ucation' Science an! Tec#nolo*)
Section 38. 'he State shall /ive
priorit" to education5 science and
technolo/"5 arts5 culture and sports to
foster patriotis!5 nationalis!5
accelerate social pro/ress5 and
1&2
Tondo Medical Center Employees v. CA. @.=. :o.
1+/&24, 1ul- 1/, 2##/.
1(
SCHOOL OF LAW
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pro!ote total hu!an liberation and
develop!ent.
(See Article CI<, Section E/
'his does not !ean that the /overn!ent is not free
to balance the de!ands of education a/ainst other
co!petin/ and ur/ent de!ands. 9Guin/ona v.
Cara/ue:
$n +hilippine Merchant Marine School Inc. . CA,
the Court said that the re<uire!ent that a school
!ust first obtain /overn!ent authori0ation before
operatin/ is based on the State polic" that
educational pro/ra!s and%or operations shall be of
/ood <ualit" and5 therefore5 shall at least satisf"
!ini!u! standards with respect to curricula5
teachin/ staff5 ph"sical plant and facilities and
ad!inistrative and !ana/e!ent viabilit".
hile it is true that the Court has upheld the
constitutional ri/ht of ever" citi0en to select a
profession or course of stud" sub3ect to fair5
reasonable and e<uitable ad!ission and acade!ic
re<uire!ents5 the e7ercise of this ri/ht !a" be
re/ulated pursuant to the police power of the State
to safe/uard health5 !orals5 peace5 e!ucation5
order5 safet" and /eneral welfare.
'hus5 persons who desire to en/a/e in the learned
professions re<uirin/ scientific or technical
.nowled/e !a" be re<uired to ta.e an e7a!ination
as a prere<uisite to en/a/in/ in their chosen
careers. 'his re/ulation assu!es particular
pertinence in the field of !edicine5 in order to
protect the public fro! the potentiall" deadl" effects
of inco!petence and i/norance. 9P,C v. De
Gu0!an5 1CC6:
III. Lao(
Section 37. 'he State affir!s labor
as a pri!ar" social econo!ic force. $t
shall protect the ri/hts of wor.ers and
pro!ote their welfare.
AA pri!ar" social econo!ic forceB !eans that the
hu!an factor has pri!ac" over nonEhu!an factors
of production.
Protection to labor does not indicate pro!otion of
e!plo"!ent alone. 4nder the welfare and social
3ustice provisions of the Constitution5 the pro!otion
of full e!plo"!ent5 while desirable5 cannot ta.e a
bac.seat to the /overn!ent@s constitutional dut" to
provide !echanis!s for the protection of our
wor.force5 local or overseas. 9&;; Pro!otion and
;ana/e!ent v. CA5 1>C SC,A 2():
hat concerns the Constitution !ore para!ountl"
is e!plo"!ent be above all5 decent5 3ust and
hu!ane. $t is bad enou/h that the countr" has to
send its sons and dau/hters to stran/e lands5
because it cannot satisf" their e!plo"!ent needs
at ho!e. 4nder these circu!stances5 the
Govern!ent is dut" bound to provide the!
ade<uate protection5 personall" and econo!icall"5
while awa" fro! ho!e. 9Philippine Association of
Service E7porters v. Drilon5 (>2 SC,A 2*>:
II. SelfHReliant an! In!epen!ent Econo&)
Section 36. 'he State shall develop
a selfEreliant and independent
national econo!" effectivel"
controlled b" -ilipinos.
'his is a #ui!e for interpretin/ provisions on
national econo!" and patri!on". An" doubt !ust
be resolved in favor of selfEreliance and
independence and in favor of -ilipinos.
A petroche!ical industr" is not an ordinar"
invest!ent opportunit"5 it is essential to national
interest. 9'he approval of the transfer of the plant
fro! Bataan to Batan/as and authori0ation of the
chan/e of feedstoc. fro! naptha onl" to naptha
and%or LPG do not prove to be advanta/eous to
the /overn!ent. 'his is a repudiation of the
in!epen!ent polic" of the /overn!ent to run its
own affairs the wa" it dee!s best for national
interest.: 9Garcia v. BJ$:
'he 'J a/ree!ent does not violate Section () of
Article $$5 nor Sections (C and (1 of Article S$$5
because said sections should be read and
understood in relation to Sections ( and 25 Article
S$$5 which re<uires the pursuit of a trade polic" that
Aserves the /eneral welfare and utili0es all for!s
and arran/e!ents of e7chan/e on the basis of
e<ualit" and reciprocit".B 9'anada V. An/ara:
III. P(i"ate Secto( an! P(i"ate Ente(p(ise
Section 2J. 'he State reco/ni0es the
indispensable role of the private
sector5 encoura/es private enterprise5
and provides incentives to needed
invest!ents.
Section 1C is an ac.nowled/!ent of the
i!portance of private initiative in buildin/ the
nation. #owever5 it is not a call for official
abdication of dut" to citi0enr". 9;arine ,adio
Co!!unications Association v. ,e"es:
Althou/h the Constitution enshrines free enterprise
as a polic"5 it nevertheless reserves to the
Govern!ent the power to intervene whenever
necessar" for the pro!otion of the /eneral welfare5
as reflected in Sections > and () of Article S$$.
11
SCHOOL OF LAW
ARIS S. MANGUERA
IIII. Co&p(e#ensi"e Ru(al De"elop&ent
Section 23. 'he State shall pro!ote
co!prehensive rural develop!ent
and a/rarian pro/ra!.
(See Article CIII, Sections FB'G/
Co!prehensive rural develop!ent includes not
onl" a/rarian refor!. $t also enco!passes a broad
spectru! of social5 econo!ic5 hu!an5 cultural5
political and even industrial develop!ent.
IIIII. In!i*enous Cultu(al Co&&unities
Section 22. 'he State reco/ni0es
and pro!otes the ri/hts of indi/enous
cultural co!!unities within the
fra!ewor. of national unit" and
develop!ent.
(See Article <I Section 5(E/> Article CII, Section 5>
Article CI<, Section '*/
IIIV. In!epen!ent PeopleLs O(*aniFationsK
Voluntee(is&
Section 2G. 'he State shall
encoura/e nonE/overn!ental5
co!!unit"Ebases5 or sectoral
or/ani0ations that pro!ote the
welfare of the nation.
(See Article CIII, Sections '5B'H/
'he provision reco/ni0es the principle that
volunteeris! and participation of nonE/overn!ental
or/ani0ations in national develop!ent should be
encoura/ed.
(22
IIV. Co&&unication an! Info(&ation
Section 2A. 'he State reco/ni0es the
vital role of co!!unication and
infor!ation in nationEbuildin/.
(See Article C<I, Sections 'GB''> Article C<III,
Section E4/
'he D'C is 3ustified to re<uire PLD' to enter
into an interconnection a/ree!ent with a
cellular !obile telephone s"ste!. 'he order
was issued in reco/nition of the vital role of
co!!unications in nationEbuildin/ and to
ensure that all users of the public
teleco!!unications service have access to all
other users of service within the Philippines.
9PLD' v. D'C:
IIVI. Local Autono&)
1&&
,ernas Commentar-, p $+(2##& ed*.
Section 2B. 'he State shall ensure
the autono!" of local /overn!ents.
(See Article C/
Local autono!" under the ()*+ Constitution si!pl"
!eans Adecentrali0ationB and does not !a.e the
local /overn!ents soverei/n within the State or an
i!periu! in i!perio. 9Basco v. PAGCJ,:
Decentrali0ation of ad!inistration is !erel" a
dele/ation of ad!inistrative powers to the local
/overn!ent unit in order to broaden the base of
/overn!ental powers. Decentrali0ation of power is
abdication b" the national /overn!ent of
/overn!ental powers.
Even as we reco/ni0e that the Constitution
/uarantees autono!" to local /overn!ent units5
the e7ercise of local autono!" re!ains sub3ect to
the power of control b" Con/ress and the power of
/eneral supervision b" the President. 9&ud/e
Dadole v. Co!!ission on Audit5 1CC1:
IIVII. EMual Access to Oppo(tunities
Section 2:. 'he State shall
/uarantee e<ual access to
opportunities for public service5 and
prohibit political d"nasties as !a" be
defined b" law.
(See Article <II, Section '4> Article CIII, Sections 'B
E/
Pu(pose. 'he thrust of the provision is to i!pose
on the sate the obli/ation of /uaranteein/ e<ual
access to public office.
(26
'here is no constitutional ri/ht to run for or hold
public office. hat is reco/ni0ed is !erel" a
privile/e sub3ect to li!itations i!posed b" law.
Section 1> of the Constitution neither bestows such
ri/ht nor elevates the privile/e to the level of an
enforceable ri/ht. 9Pa!aton/ v. CJ;ELEC:
IIVIII. Pulic Se("ice
Section 28. 'he State shall !aintain
honest" and inte/rit" in public service
and ta.e positive and effective
!easures a/ainst /raft and
corruption.
(See Article ICB:> Article CI, Sections FB'5/
IIIV. -ull Pulic Disclosu(e
9()*) and 1CCC Bar Question:
1&4
,ernas Commentar-, p $$ (2##& ed*.
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SCHOOL OF LAW
ARIS S. MANGUERA
Section 27. Sub3ect to reasonable
conditions prescribed b" law5 the
State adopts and i!ple!ents a polic"
of full public disclosure of all its
transactions involvin/ public interest.
(Article III, Section *> Article <I Sections 'E and EG>
Article <II, Section EG> Article CI, Section '*> Article CII,
Section E'/
$t is well established in 3urisprudence that neither
the ri/ht to infor!ation nor the polic" of full public
disclosure is absolute5 there bein/ !atters which5
albeit of public concern or public interest5 are
reco/ni0ed as privile/ed in nature. 9A.ba"an v.
A<uino5 1CC*:
777
9())> Bar Question:
A law was passe! !i"i!in* t#e P#ilippines into
t#(ee (e*ions DLuFon' Visa)as an! Min!anaoE
eac# constitutin* an in!epen!ent state e@cept
on &atte(s of fo(ei*n (elations' national
!efense an! national ta@ation' w#ic# a(e "este!
in t#e Cent(al /o"e(n&ent. Is t#e law "ali!,
'he law dividin/ the Philippines into three re/ions
each constitutin/ an independent state and vestin/
in a central /overn!ent !atters of forei/n
relations5 national defense and national ta7ation is
unconstitutional.
(. $t violates A(ticle I5 which /uarantees the
inte/rit" of the national territor" of the
Philippines because it divided the
Philippines into three states.
1. $t violates Section 3' A(ticle II of the
Constitution which provides for the
establish!ent of de!ocratic and republic
states b" replacin/ it with three states
or/ani0ed as a confederation.
2. $t violates Section 22' A(ticle II of the
Constitution5 which5 while reco/ni0in/ and
pro!otin/ the ri/hts of indi/enous cultural
co!!unities5 provides for national unit"
and develop!ent.
6. $t violates Section 3B' A(ticle I of the
Constitution5 which5 provides for
autono!ous re/ions in ;usli! ;indanao
and in the cordilleras within the fra!ewor.
of national soverei/nt" as well as
territorial inte/rit" of the ,epublic of the
Philippines.
8. $t violates the so"e(ei*nt) of the ,epublic
of the Philippines.
16
SCHOOL OF LAW
ARIS S. MANGUERA
LE/ISLATIVE DEPARTMENT
O$TLINE O- ARTICLE VI
I& .e#islative Poer (I'/
II& Poers of Con#ress
III& Con#ress (II EB'G/
IV& Privile#es of Mem%ers (I ''/
V& Dut' to Disclose- Dis2ualifications
an! Prohi%itions (II 'EB'F/
VI& Internal 6overnment of Con#ress
(II '5B'H/
VII& Electoral ,ri%unal- CA (II'*B'(/
VIII& Recor!s an! )oo(s of Accounts (I
EG/
I/& In2uiriesA Oversi#ht function (II E'B
EE/
/& Emer#enc' Poers (I E4/
/I& )illsA .e#islative Process (I
EF,EH,E*/
/II& Poer of the PurseA+iscal Poers
(II E),E(,E5/
/III& Other Prohi%ite! Measures (II4GB
4'/
/IV& Initiative an! Referen!um (I 4E/
I. LE/ISLATIVE POWER
Definition of .e#islative Poer
Where Veste!
Classification of .e#islative Poer
Scope of .e#islative poer
.imitations on .e#islative Poer
Non=!ele#a%ilit' of .e#islative poer
Rationale of the Doctrine of Non=!ele#a%ilit'
Vali! !ele#ation of le#islative poers
Dele#ation of rule=ma(in# poer
Re2uisites for a vali! !ele#ation of rule=ma(in#
poer
Sufficient Stan!ar!s
E$amples of Invali! of Dele#ation
Section 3. 'he Le/islative power
shall be vested in the Con/ress of the
Philippines which shall consist of a
Senate and a #ouse of
,epresentatives5 e7cept to the e7tent
reserved to the people b" the
provision on initiative and
referendu!.
A. Definition of Le*islati"e Powe(
Le/islative power is the authorit" to !a.e laws and
to alter or repeal the!.
B. W#e(e Veste!
Le/islative power is vested in Con/ress e7cept to
the e7tent reserved to the people b" the provision
on initiative and referendu!.
C. Classification of le*islati"e powe(
(1* O(i*inal le/islative powerE possessed b" the
soverei/n people.
(2* De(i"ati"e le/islative powerE that which has
been dele/ated b" the soverei/n people to the
le/islative bodies. 9Mind of power vested in
Con/ress:
(&* ConstituentE 'he power to a!end or revise
the constitution
(4* O(!ina()E Power to pass ordinar" laws.
Le*islati"e powe( e@e(cise! ) t#e people. 'he
people5 throu/h the a!endator" process5 e7ercise
constituent power5 and throu/h initiative and
referendu!5 ordinar" le/islative power.
D. Scope of Le*islati"e powe(.
Con/ress !a" le/islate on an" sub3ect !atter.
9Vera v. Avelino: $n other words5 the le/islative
power of Con/ress is plena().
E. Li&itations on le*islati"e powe(%
(. Substantive li!itations
(28
1. Procedural li!itations
(2>
3. Sustanti"e li&itations%
a& E$press .imitations
i& Bill of ,i/hts
(2+
ii& Jn Appropriations
(2*
iii& Jn 'a7ation
(2)
1&%
=efer to the sub5ect matter of legislation. 'hese are limitations on
the content of laws.
1&+
Formal limitations refer to the procedural reFuirements to be
complied with b- Congress in the passage of the bills. (!inco, Phil.
Political "aw*
1&/
,ill of =ights
o :o law shall be passed abridging
freedom of speech, of e.pression etc (art. & G4*
o :o law shall be made respecting an
establishment of religion (art. & G%*
o :o law impairing the obligation of
contracts shall be passed. (art & G1#*
o :o e. post facto law or bill of
attainder shall be enacted. (art. & G22*
1&2
;n Appropriations
o Congress cannot increase
appropriations b- the President (art. + G2%*
o (art. + 2$(2*
1&$
;n 'a.ation
18
SCHOOL OF LAW
ARIS S. MANGUERA
iv& Jn Constitutional Appellate
3urisdiction of SC
(6C
v& Do law /rantin/ a title of ro"alt" or
nobilit" shall be enacted 9art. > Q2(:
%& Implie! limitations
i& Con/ress cannot le/islate
irrepealable laws
ii& Con/ress cannot dele/ate le/islative
powers
iii& DonEencroach!ent on powers of
other depart!ents
2. P(oce!u(al li&itations%
a. Jnl" one sub3ect
b. 'hree readin/s on separate da"s
c. Printed copies in its final for! 2 da"s before
passa/e of the bill. 9art > Q 1>:
-. NonH!ele*ailit) of Le*islati"e powe(
Doct(ine of NonH!ele*ation of le*islati"e
powe(s= 'he rule is delegata potestas non potest
delagariBwhat has been dele/ated cannot be
dele/ated. 'he doctrine rests on the ethical
principle that a dele/ated power constitutes not
onl" a ri/ht but dut" to be perfor!ed b" the
dele/ate b" the instru!entalit" of his own 3ud/!ent
and not throu/h the intervenin/ !ind of another.
/. Rationale of t#e Doct(ine of NonH!ele*ailit)%
9(: Based on the sepa(ation of powe(s.
9h" /o to the trouble of separatin/ the three
powers of /overn!ent if the" can strai/htawa"
re!er/e on their own notionR:
91: Based on !ue p(ocess of law. Such
precludes the transfer of re/ulator" functions
to private persons.
92: And5 based on the !a7i!5 A!e*elata
potestas non potest !ele*a(iB !eanin/ what
has been dele/ated alread" cannot be further
dele/ated.
0. Vali! !ele*ation of le*islati"e powe(s
General ,ule= Le/islative power cannot be
dele/ated
E7ceptions=
9(: Dele/ation of tariff power to the President
91: Dele/ation of e!er/enc" powers to the
President
92: Dele/ation to LG4@s
Dote=
o (art. + G22 and 2$(&**
o (art. 14 G4(&**
14#
:o law shall be passed increasing the appellate 5urisdiction of
the !C without its advice and concurrence (art. + G&#*
So!e co!!entators include 9a: dele/ation to
the people at lar/e and 9b: dele/ation to
ad!inistrative bodies to the e7ceptions.9See Cru05
Philippine Political Law p *+5 ())8 ed.: #owever5 $
sub!it this is not accurate.
$ sub!it that le/islative power is not dele/ated
to the people because in the first place the" are the
pri!ar" holder of the powerG the" onl" dele/ated
such power to the Con/ress throu/h the
Constitution. 9See +reamble and Article II Section
': Dote that Article V$ Section ( does not dele/ate
power to the people. $t reserves le/islative power
to the people. Eas!
hat is dele/ated to ad!inistrative bodies is
not le/islative power but ruleE!a.in/ power or law
e7ecution.
I. Dele*ation of (uleH&a9in* powe(s
hat is dele/ated to ad!inistrative bodies is not
le/islative power but ruleE!a.in/ power or law
e7ecution. Ad!inistrative a/encies !a" be allowed
either to=
-ill up the details on otherwise
co!plete statue or
Ascertain the facts necessar" to brin/
a Acontin/entB law or provision into actual
operation.
Powe( of Suo(!inate Le*islation. $t is the
authorit" of the ad!inistrative bod" tas.ed b" the
le/islature to i!ple!ent laws to pro!ul/ate rules
and re/ulations to properl" e7ecute and i!ple!ent
laws.
Contin*ent Le*islation
'he standb" authorit" /iven to the President to
increase the value added ta7 rate in the VA' Law5
,.A. )22+ was upheld as an e7a!ple of contin/ent
le/islation where the effectivit" of the law is !ade
to depend on the verification b" the e7ecutive of
the e7istence of certain conditions.
(6(
$n Gerochi v. DED,
(61
the power dele/ated to the
Ener/" ,e/ulator Board to fi7 and i!pose a
universal char/e on electricit" endEusers was
challen/ed as an undue dele/ation of the power to
ta7. 'he Court said that5 since the purpose of the
law was not revenue /eneration but ener/"
re/ulation5 the power involved was !ore police
power than the power to ta7. ;oreover the Court
added that the power to ta7 can be used for
re/ulation. As to the validit" of the dele/ation to an
e7ecutive a/enc"5 the Court was satisfied that the
dele/atin/ law was co!plete in itself and the
a!ount to be char/ed was !ade certain b" the
para!eters set b" the law itself.
141
Abakada Guru Party List Officers v. Eecutive Secretary! @.=.
1+2#%+, !eptember 1, 2##%. =econsidered ;ctober 12, 2##%.
142
@.=. :o. 1%$/$+, 1ul- 1/, 2##/
1>
SCHOOL OF LAW
ARIS S. MANGUERA
4. ReMuisites fo( a "ali! !ele*ation of (uleH&a9in*
powe( o( e@ecution% 91CC8 Bar Question:
9(: 'he dele/atin/ law !ust be co&plete in itself
F it !ust set therein the polic" to be carried out
or i!ple!ented b" the dele/ate.
91: 'he dele/atin/ law !ust fi7 a sufficient
stan!a(!E the li!its of which are sufficientl"
deter!inate or deter!inable5 to which the
dele/ate !ust confor! in the perfor!ance of
his functions.
I&po(tance of Polic). ithout a statutor"
declaration of polic"5 the dele/ate would5 in effect5
!a.e or for!ulate such polic"5 which is the
essence of ever" law.
I&po(tance of Stan!a(!. ithout standard5 there
would be no !eans to deter!ine with reasonable
certaint" whether the dele/ate has acted within or
be"ond the scope of his authorit". #ence5 he could
thereb" arro/ate upon hi!self the power5 not onl"
to !a.e law5 but also to un!a.e it5 b" adoptin/
!easures inconsistent with the end sou/ht to be
attained b" the Act of Con/ress. 9Pelae0 v. Auditor
General:
5. Stan!a(!s
(. Deed not be e7plicit
1. ;a" be found in various parts of the statute
2. ;a" be e!bodied in other statutes of the
sa!e statute
3. A le/islative standard nee! not e e@plicit or
for!ulated in precise declarator" lan/ua/e. $t can
be drawn fro! the declared polic" of the law and
fro! the totalit" of the dele/atin/ statute. 9Js!ena
v. Jrbos: $t can be i!plied fro! the polic" and
purpose of the law 9A/ustin v. Edu:
2. A le/islative standard !a" e foun! in "a(ious
pa(ts of t#e statute. 9'ablarin v. Guttiere0:
G. A le/islative standard need not be found in the
law challen/ed and &a) e e&o!ie! in ot#e(
statues on t#e sa&e su+ect. 9Chion/ba"an v
Jrbos:
.= Petitioners <uestioned the /rant of the
powers to !a"ors to issue per!its for public
asse!blies in the Public Asse!bl" Act on
the /round that it constituted an undue
dele/ation of le/islative power. 'here is
however a reference to Ai!!inent and /rave
dan/er of a substantive evil= in Section >9c:.
Decide.
A= 'he law provides a precise and sufficient
standard5 the clear and present dan/er test
in Section >9a:. 'he reference to i!!inent
and /rave dan/er of a substantive evil in
Section >9c: substantiall" !eans the sa!e.
9Ba"an v. Er!ita:
A. E@a&ples of sufficient stan!a(!s
o ADecessar" or advisable in the public interestB as
a standard. Public interest in this case is sufficient
standard pertainin/ to the issuance or cancellation
of certificates or per!its. And the ter! Apublic
interest@ is not without a settled !eanin/. 9People vs.
,osenthal:
o ADecessar" in the interest of law and
orderB as a standard. An e7ception to the /eneral
rule5 sanctioned b" i!!e!orial practice5 per!its the
central le/islative bod" to dele/ate le/islative
powers to local authorities. 9,ubi vs. Provincial
Board of ;indoro:
o A'o pro!ote si!plicit"5 econo!" and
efficienc"B as a standard. 9Cervantes vs. Auditor
General:
o AJf a !oral5 educational5 or a!usin/ and
har!less characterB as a standard. 9;utual -il! Co.
vs. $ndustrial Co!!ission of Jhio:
o A'o !aintain !onetar" stabilit" pro!ote
a risin/ level of production5 e!plo"!ent and real
inco!eB as a standard. 9People vs. &ollife:
o AAde<uate and efficient instructionB as
standard. 9Philippine Association of Colle/es and
4niversities vs. Sec. of Education.
o A&ustice and e<uit" and substantial !erits of the
caseB as a standard. 'he discretionar" power thus
conferred is 3udicial in character and does not
infrin/e upon the principle of separation of powers
the prohibition a/ainst the dele/ation of le/islative
function 9$nternational #ardwood and Veneer Co. vs.
Pan/il -ederation of Labor:
o A-air and e<uitable e!plo"!ent
practicesB as a standard. 'he power of the PJEA in
re<uirin/ the !odel contract is not unli!ited as there
is a sufficient standard /uidin/ the dele/ate in the
e7ercise of the said authorit". 9Eastern Shippin/
Lines $nc. vs. PJEA:
o AAs far as practicableB5 Adecline of crude
oil prices in the world !ar.etB and Astabilit" of the
peso e7chan/e rate to the 4S dollarB as standards.
'he dictionar" !eanin/s of these words are well
settled and cannot confuse !en of reasonable
intelli/ence. 9#owever5 b" considerin/ another factor
to hasten full dere/ulation5 the E7ecutive
Depart!ent rewrote the standards set forth in the
statute. 'he E7ecutive is bereft of an" ri/ht to alter
either b" subtraction or addition the standards set in
the statute.: 9'atad vs. Sec of Ener/":
L. E@a&ples of in"ali! !ele*ation
o here there is no standard that the officials
!ust observe in deter!inin/ to who! to distribute
the confiscated carabaos and carabeef5 there is thus
an invalid dele/ation of le/islative power. 9Tnot v.
$AC:
o here a provision provides that the penalt"
would be a fine or (CC pesos J, i!prison!ent in
the discretion of the court without prescribin/ the
!ini!u! and !a7i!u! periods of i!prison!ent5 a
penalt" i!posed based thereon is unconstitutional. $t
is not for the courts to fi7 the ter! of i!prison!ent
where no points of reference have been provided b"
the le/islature. 9People v. Dacu"cu":
1+
SCHOOL OF LAW
ARIS S. MANGUERA
o here the statute leaves to the sole discretion
of the GovernorEGeneral to sa" what was and what
was not Aan" causeB for enforcin/ it5 the sa!e is an
invalid dele/ation of power. 'he GovernorEGeneral
cannot b" procla!ation5 deter!ine what act shall
constitute a cri!e or not. 'hat is essentiall" a
le/islative tas.. 94S vs. An/ 'an/:
o here a statute re<uires ever" public utilit" Ato
furnish annuall" a detailed report of finances and
operations in such for! and containin/ such !atter
as the Board !a"5 fro! ti!e to ti!e5 b" order5
prescribeB5 it see!s that the le/islature si!pl"
authori0ed the Board to re<uire what infor!ation the
Board wants. Such constitutes an unconstitutional
dele/ation of le/islative power. 9Co!pana General
de 'abacos de -ilipinas vs. Board of Public 4tilit"
Co!!issioners:
o here the le/islature has not !ade the
operation 9e7ecution: of a statute contin/ent upon
specified facts or conditions to be ascertained b" the
provincial board but in realit" leaves the entire
!atter for the various provincial boards to
deter!ine5 such constitute an unconstitutional
dele/ation of le/islative power. A law !a" not be
suspended as to certain individuals onl"5 leavin/ the
law to be en3o"ed b" others. 9People vs. Vera:
o 'he authorit" to C,EA'E !unicipal corporations
is essentiall" le/islative in nature.
II. POWERS O- CON/RESS
A. In#e(ent Powe(s
B. E@p(ess Powe(s
A. IN0ERENT POWERS
9(: Police power
91: Power of e!inent do!ain
92: Power of ta7ation
96:$!plied Powers 9Conte!pt Power:
(62
B. EIPRESS POWERS
9(: Le/islative Power 9art > sec(:
9a: Jrdinar"E power to pass ordinar" laws
9b: Constituent
(66
E power to a!end and or
revise the Constitution
91: Power of the Purse
3AB
9art. >Q18:
92: Power of 'a7ation 9art. > Q1*92:5 art. (6 Q692:5
art >5 Q1)96::
96: $nvesti/ator" Power 9art. > Q1(:
98: Jversi/ht function 9art. > Q11:
9>: Power to declare the e7istence of state of war
9art. > Q129(::
9+: Power to act as Board of Canvassers in election
of President
(6>
9art + Q6:
14&
Page 12 of 2##2 ?P ,ar ;ps =eviewer.
144
Propose amendment to or revision of the Constitution (art 1/
G1*Call for a constitutional convention (art 1/ G&*
14%
:o mone- shall be paid out of the 'reasur- e.cept in pursuance
of an appropriation made b- law. (art + G2$(1** 'he form, content,
and manner of preparation of bud/et shall be prescribed b" law.
9art > Q18:
9*: Power to call a special election for President
and ViceEPresident. 9art. + Q(C:
9): Power to 3ud/e President@s ph"sical fitness to
dischar/e the functions of the Presidenc" 9art.
+Q((:
9(C: Power to revo.e or e7tend suspension of the
privile/e of the writ of habeas corpus or
declaration of !artial law. 9art. + Q(*:
9((: Power to concur in Presidential a!nesties.
Concurrence of !a3orit" of all the !e!bers of
Con/ress. 9art.+ Q():
9(1: Power to concur in treaties or international
a/ree!ents. Concurrence of at least 1%2 of all
the !e!bers of the Senate.9art.+ Q1(:
9(2: Power to confir! certain
appoint!ents%no!inations !ade b" the
President 9art.+ Q)5 art.+Q(>:
9(6: Power of $!peach!ent 9art.((Q1:
9(8: Power relative to natural resources
(6+
9art. (1
Q1:
9(>: Power of internal or/ani0ation
Election of officers
Pro!ul/ate internal rules
Disciplinar" powers 9art.> Q(>:
Dote= ;e!bers of Con/ress have i!!unit" fro!
arrest and parlia!entar" i!!unit".
(6*
9art >
QQ((O(1:
III. Con*(ess
Composition of Con#ress
)icameralism v& @nicameralism
Composition of Senate
Bualification of Senators
SenatorsC ,erm of Office A Sta##erin# of ,erms
Composition of HR
Bualification of Mem%ers of HR
Domicile
Propert' Bualification
,erm of Office of Representatives
Part'=.ist S'stem
.e#islative Districts
Election
Salaries
A. Co&position of Con*(ess
'he Con/ress of the Philippines which shall consist
of a Senate and a #ouse of ,epresentatives. 9art >
Q(:
B. Bica&e(alis& ". $nica&e(alis&
14+
'his function is non7legislative. (Pimentel v. 1oint Committee on
Congress. 1une 22, 2##4*
14/
Antonio ,. :achura, ;utline<=eviewer in Political "aw (2##+
ed.*
142
Privilege from attest is not given to Congress as a bod-, but rather
one that is granted particularl- to each individual member of it.
(Coffin v. Coffin, 4 4ass 1*
1*
SCHOOL OF LAW
ARIS S. MANGUERA
'he Con/ress of the Philippines is a ica&e(al
o!) co!posed of a Senate and #ouse of
,epresentatives5 the first bein/ considered as the
upper house and the second the lower house.
A!vanta#es of @nicameralism.
(. Si!plicit" of or/ani0ation
resultin/ in econo!" and efficienc"
1. -acilit" in pinpointin/
responsibilit" for le/islation
2. Avoidance of duplication.
A!vanta#es of )icameralism&
(. Allows for a bod" with a national
perspective to chec. the parochial
tendenc" of representatives elected b"
district.
1. Allows for !ore careful stud" of le/islation
2. ;a.es the le/islature less susceptible to
control b" e7ecutive
6. Serves as trainin/ /round for national
leaders.
(6)
C. Co&position of Senate
Section 2. 'he Senate shall be
co!posed of twent"Efour senators
who shall be elected at lar/e b" the
<ualified voters of the Philippines5 as
!a" be provided b" law.
Electe! at la(*e' (eason. B" providin/ for a
!e!bership elected at lar/e b" the electorate5 this
rule intends to !a.e the Senate a trainin/ /round
for national leaders and possibl" a sprin/board for
the Presidenc". 'he feelin/ is that the senator5
havin/ national rather than onl" a district
constituenc"5 will have a broader outloo. of the
proble!s of the countr" instead of bein/ restricted
b" parochial viewpoints and narrow interests. ith
such a perspective5 the Senate is li.el" to be !ore
circu!spect and broad !inded than the #ouse of
,epresentatives.
(8C
D. .ualifications of a Senato(
Section G. Do person shall be a
senator unless he is a naturalEborn
citi0en of the Philippines5 and5 on the
da" of the election5 is at least thirt"E
five "ears of a/e5 able to read and
write5 a re/istered voter5 and a
resident of the Philippines for not less
than two "ears i!!ediatel" precedin/
the da" of election.
.ualifications of a senato(
14$
,ernas, Primer p 224, 2##+ ed.
1%#
Cru), Phlippine Political "aw.
9(: DaturalEborn citi0en of the Philippines
91: At least 28 "ears of a/e on the da" of the
election
92: Able to read and write
96: ,e/istered voter
98: ,esident of the Philippines for not less than
1 "ears i!!ediatel" precedin/ the da" of
election.
AJn the da" of the electionB !eans on the da" the
votes are cast. 9Bernas Pri!er:
E. Senato(sL Te(& of Office
!erm
Commencement o# !erm
7imitation
1##ect o# <oluntary 9enunciation
Staggering o# !erms
9eason #or Staggering
Section A. 'he ter! of office of the
Senators shall be si7 "ears and shall
co!!ence5 unless otherwise
provided b" law5 at noon on the
thirtieth da" of &une ne7t followin/
their election.
Do Senator shall serve for !ore than
two consecutive ter!s. Voluntar"
renunciation of the office for an"
len/th of ti!e shall not be considered
as an interruption in the continuit" of
his service for the full ter! for which
he was elected.
3. Te(&. 'he ter! of office of the Senators shall be
> "ears.
2. Co&&ence&ent of te(&. 'he ter! of office of
the Senators shall co!!ence on (1=CC noon of
&une 2C ne7t followin/ their election. 9unless
otherwise provided b" law:
G. Li&itation. A Senator !a" not serve for !ore
than two consecutive ter!s. #owever5 the" !a"
serve for !ore than two ter!s provided that the
ter!s are not consecutive.
A. Effect of Volunta() Renunciation. Voluntar"
renunciation of office for an" len/th of ti!e shall
not be considered as an interruption in the
continuit" of his service for the full ter! for which
he was elected. 9art. > Q 6:
B. Sta**e(in* of Te(&s. 'he Senate shall not at
an" ti!e be co!pletel" dissolved. JneEhalf of the
!e!bership is retained as the other half is
replaced or reelected ever" three "ears.
:. Reason fo( Sta**e(in*. 'he continuit" of the
life of the Senate is intended to encoura/e the
!aintenance of Senate policies as well as
/uarantee that there will be e7perienced !e!bers
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who can help and train newco!ers in the dischar/e
of their duties.
(8(
-. Co&position of 0ouse of Rep(esentati"es
Section B. 9(: 'he #ouse of
,epresentatives shall be co!posed
of not !ore than two hundred and
fift" !e!bers5 unless otherwise fi7ed
b" law5 who shall be elected fro!
le/islative districts apportioned
a!on/ the provinces5 cities5 and the
;etropolitan ;anila area in
accordance with the nu!ber of their
respective inhabitants5 and on the
basis of a unifor! and pro/ressive
ratio5 and those who5 as provided b"
law5 shall be elected throu/h a part"E
list s"ste! of re/istered national5
re/ional5 and sectoral parties or
or/ani0ations.
Co&position. 'he co!position of the #ouse of
,epresentatives shall be co!posed of not !ore
than 18C !e!bers unless otherwise fi7ed b" law.
,epresentatives shall be elected fro! le/islative
districts and throu/h part"Elist s"ste!.
a: District representatives
b: Part"Elist representatives
c: Sectoral representatives
9these e7isted onl" until ())*:
/. .ualification of Rep(esentati"es
Section :. Do person shall be a
!e!ber of the #ouse of
,epresentatives unless he is a
natural born citi0en of the Philippines
and5 on the da" of the election5 is at
least twent"Efive "ears of a/e5 able to
read and write5 and e7cept the part"E
list representatives5 a re/istered voter
in the district in which he shall be
elected5 and a resident thereof for a
period of not less than one "ear
i!!ediatel" precedin/ the da" of the
election.
.ualifications of Dist(ict Rep(esentati"es%
9(: DaturalEborn citi0en of the Philippines
91: At least 18 "ears of a/e on the da" of the
election
96: A re/istered voter in the district in which he
shall be elected
98: A resident of the district in which he shall be
elected for a period not less than ( "ear
1%1
Cru), Philippine Political "aw.
i!!ediatel" precedin/ the da" of the
election.
0. Do&icile
Do&icile
,esidence as a <ualification !eans Ado!icileB.
Dor!all" a person@s do!icile is his do!icile of
ori/in.
$f a person never loses his or her do!icile5 the one
"ear re<uire!ent of Section > is not of relevance
because he or she is dee!ed never to have left the
place. 9,o!ualde0E;arcos v. CJ;ELEC:
A person !a" lose her do!icile b" voluntar"
abandon!ent for a new one or b" !arria/e to a
husband 9who under the Civil Code dictates the
wife@s do!icile:.
C#an*e of !o&icile
'o successfull" effect a chan/e of do!icile5 there
!ust be=
o Ph'sical PresenceE,esidence or
bodil" presence in the new localit" 9'he
chan/e of residence !ust be voluntar":
o Animus manen!i E$ntention to re!ain
in the new localit" 9'he purpose to re!ain in
or at the do!icile of choice !ust be for an
indefinite period of ti!e:
o Animus non reverten!iE$ntention to
abandon old do!icile
A lease contract does not ade<uatel" support a
chan/e of do!icile. 'he lease does not constitute a
clear ani!us !anendi. 9Do!ino v. CJ;ELEC:
#owever a lease contract coupled with affidavit of
the owner where a person lives5 his !arria/e
certificate5 birth certificate of his dau/hter and
various letter !a" prove that a person has
chan/ed his residence. 9Pere0 v. CJ;ELEC:
I. P(ope(t) .ualification
Propert" <ualifications are contrar" to the social
3ustice provision of the Constitution. Such will also
be addin/ <ualifications provided b" the
Constitution.
4. Te(& of Office of Rep(esentati"es
Section 8. 'he !e!bers of the
#ouse of ,epresentatives shall be
elected for a ter! of three "ears
which shall be/in5 unless otherwise
provided b" law5 at noon on the
thirtieth da" of &une ne7t followin/
their election.
Do !e!ber of the #ouse
,epresentatives shall serve for !ore
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than three consecutive ter!s.
Voluntar" renunciation of the office for
an" len/th of ti!e shall not be
considered as an interruption in the
continuit" of his service for the full
ter! for which he was elected.
Te(& ". Tenu(e. 'er! refers to the period durin/
which an official is entitled to hold office. 'enure
refers to the period durin/ which the official actuall"
holds the office.
'he ter! of office of ,epresentatives shall be 2
"ears. 'he ter! of office of ,epresentatives shall
co!!ence on (1=CCnoon of &une 2C ne7t followin/
their election. 9unless otherwise provided b" law:
A ,epresentative !a" not serve for !ore than 2
consecutie ter!s. #owever5 he !a" serve for
!ore than 2 ter!s provided that the ter!s are not
consecutive. 9())> Bar Question:
W#) t#(ee )ea(s, Jne purpose in reducin/ the
ter! for three "ears is to s"nchroni0e elections5
which in the case of the Senate are held at threeE
"ear intervals 9to elect oneEhalf of the bod": and in
the case of the President and ViceEPresident ever"
si7 "ears.
(81
Volunta() (enunciation of office for an" len/th of
ti!e shall not be considered as an interruption in
the continuit" of his service for the full ter! for
which he was elected.
Aan!on&ent of Dimaporo. 'he case of
:imaporo . Mitra which held that Afilin/ of CJC for
a different position is a voluntar" renunciationB has
been abandoned because of the -air Elections Act.
-a(inas case. 'he rulin/ case now is -arinas .
12ecutie Secretary which held that Afilin/ of CJC
is not constitutive of voluntar" renunciation for
elected officials.B
5. Pa(t) List S)ste&
+artyBlist system
+artyBlist 9epresentaties
6uidelines
+arties or organi=ations dis%uali#ied
Juali#ications o# a partyBlist nominee
Section 8.
91: 'he part"Elist representatives shall
constitute twent" per centu! of the
total nu!ber of representatives
includin/ those under the part"Elist.
-or three consecutive ter!s after the
ratification of this Constitution5 oneE
half of the seats allocated to part"Elist
1%2
Cru), Philippine Political law.
representatives shall be filled5 as !a"
be provided b" law5 b" selection or
election fro! the labor5 peasant5
urban poor5 indi/enous cultural
co!!unities5 wo!en5 "outh5 and
such other sectors as !a" be
provided b" law5 e7cept the reli/ious
sector.
3. Pa(t)Hlist S)ste&. 9,A +)6(: 'he part"Elist
s"ste! is a !echanis! of proportional
representation in the election of representatives of
the #ouse of ,epresentatives fro! national5
re/ional5 and sectoral parties or or/ani0ations or
coalitions thereof re/istered with the Co!!ission
on Elections.
Reason fo( pa(t)Hlist s)ste&. $t is hoped that the
s"ste! will de!ocrati0e political power b"
encoura/in/ the /rowth of a !ultiEpart" s"ste!.
2. Pa(t)Hlist (ep(esentati"es
Ceilin*. A'he part"Elist representatives shall
constitute 1CU of the total nu!ber of
representatives.B Section 891: of Article V$ is not
!andator". $t !erel" provides a ceilin/ for part"Elist
seats in Con/ress. 9Veterans -ederation Part" v.
CJ;ELEC:
'he 1U threshold re<uire!ent and the 2 seatEli!it
provided in ,A +)6( are valid. Con/ress was
vested with broad power to define and prescribe
the !echanics of the part"Elist s"ste! of
representation. Con/ress wanted to ensure that
onl" those parties5 or/ani0ations and coalitions
havin/ sufficient nu!ber of constituents deservin/
of representation are actuall" represented in
Con/ress. 9Veterans -ederation Part" v.
CJ;ELEC:
Co&putation
'he Court reiterated that Bthe prevailing formula for the
computation of additional seats for part-7list winners is
the formula stated in the landmar6 case of "eterans.C
CIBAC v C!"L"C, @.=. :o. 1/21#& (2##/*
#o. of votes of
concerned part-
HHHHHHHHHHHHH
:o. of votes
of first part-

$
#o. of
additional seats
allocated to t%e
first party
&
Additional
!eats for
concerned
part-
G. /ui!elines on w#at o(*aniFations &a) appl)
in t#e pa(t)Hlist s)ste&=
2(
SCHOOL OF LAW
ARIS S. MANGUERA
9(: 'he parties or or/ani0ations !ust represent
the !ar/inali0ed and underrepresented in
Section 8 of ,A +)6(G
91: Political parties who wish to participate !ust
co!pl" with this polic"G
92: 'he reli/ious sector !a" not be representedG
96: 'he part" or or/ani0ation !ust not be
dis<ualified under Section > of ,A +)6(G
98: 'he part" or or/ani0ation !ust not be an
ad3unct of or a pro3ect or/ani0ed or an entit"
funded or assisted b" the /overn!entG
9>: $ts no!inees !ust li.ewise co!pl" with the
re<uire!ents of the lawG
9+: 'he no!inee !ust li.ewise be able to
contribute to the for!ulation and enact!ent of
le/islation that will benefit the nation. 9An/
Ba/on/ Ba"ani v. CJ;ELEC5 &une 1>5 1CC(:
A. Pa(ties o( o(*aniFations !isMualifie!
'he CJ;ELEC !a" !otu propio or upon verified
co!plaint of an" interested part"5 re!ove or cancel
after due notice and hearin/ the re/istration of an"
national5 re/ional or sectoral part"5 or/ani0ation or
coalition on an" of the followin/ /rounds=
(. t is a reli/ious sect or deno!ination5
or/ani0ation or association or/ani0ed for
reli/ious purposesG
1. $t advocates violence or unlawful
!eans to see. its /oalG
2. $t is a forei/n part" or or/ani0ationG
6. $t is receivin/ support fro! an"
forei/n /overn!ent5 forei/n political part"5
foundation5 or/ani0ation5 whether directl" or
throu/h an" of its officers or !e!bers or
indirectl" throu/h third parties for partisan
election purposesG
8. $t violates or fails to co!pl" with laws5
rules or re/ulations relatin/ to elections.
>. $t declares untruthful state!ents in its
petitionG
+. $t has ceased to e7ist for at least one
9(: "earG
*. $t fails to participate in the last two 91:
precedin/ elections or fails to obtain at least
two per centu! 91U: of the votes cast under
the part"Elist s"ste! in the two 91: precedin/
elections for the constituenc" in which it has
re/istered.
B. .ualifications of a pa(t)Hlist no&inee in RA
86A3%
9(: DaturalEborn citi0en of the PhilippinesG
91: ,e/istered VoterG
92: ,esident of the Philippines for a period of not
less than ( "ear i!!ediatel" precedin/ the
da" of election
98: A bona fide !e!ber of the part" or or/ani0ation
which he see.s to represent for at least )C
da"s precedin/ the da" of election
9>: At least 18 "ears of a/e. 9An/ Ba/on/ Ba"ani v.
CJ;ELEC:
Political Pa(ties. Political parties !a" participate
in the part"Elist s"ste! 9as lon/ as the" co!pl" with
the /uidelines in Section 8 of ,A +)6(.: 9An/
Ba/on/ Ba"ani v. CJ;ELEC:
Section (C of ,A +)6( provides that the votes cast
for a part" which is not entitled to be voted for the
part"Elist s"ste! should not be counted. 'he votes
the" obtained should be deducted fro! the
canvass of the total nu!ber of votes cast for the
part"Elist s"ste!. 9An/ Ba/on/ Ba"ani v.
CJ;ELEC:
Reli*ious secto(s ". Reli*ious lea!e(s. 'here is
a prohibition of reli/ious sectors. #owever5 there is
no prohibition fro! bein/ elected or selected as
sectoral representatives.
L. Le*islati"e Dist(icts
Apportionment
9eason #or the 9ule
9eapportionment
6errymandering
Section 8
92: Each le/islative district shall
co!prise5 as far aspracticable5
conti/uous5 co!pact and ad3acent
territor". Each cit" with a population
of at least two hundred fift" thousand5
or each province5 shall have at least
one representative.
96: ithin three "ears followin/ the
return of ever" census5 the Con/ress
shall !a.e a reapportion!ent of
le/islative districts based on the
standards provided in this section.
3. Appo(tion&ent
Le/islative districts are apportioned a!on/ the
provinces5 cities5 and the ;etropolitan ;anila area.
Le/islative districts are apportioned in accordance
with the nu!ber of their respect inhabitants and on
the basis of a unifor! and pro/ressive ratio. 9art. >
Q 8:
Each cit" with a population of at least 18C5CCC shall
have at least one representative.
Each province shall have at least one
representative.
'he <uestion of the validit" of an apportion!ent
law is a 3usticiable <uestion. 9;acias v. Co!elec:
2. Reason fo( t#e (ule. 'he underl"in/ principle
behind the rule for apportion!ent 9that
21
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ARIS S. MANGUERA
representative districts are apportioned a!on/
provinces5 cities5 and !unicipalities in accordance
with the number o# their respectie inhabitants, and
on the basis o# a uni#orm and progressie ration.$/
is the concept of eMualit) of (ep(esentation
which is a basic principle of republicanis!. Jne
!an@s vote should carr" as !uch wei/ht as the
vote of ever" other !an.
Section 8 provides that the #ouse shall be
co!posed of not !ore than 18C !e!bers unless
otherwise provided b" law. 'hus5 Con/ress itself
!a" b" law increase the co!position of the #,.
9'obias v. Abalos:
hen one of the !unicipalities of a con/ressional
district is converted to a cit" lar/e enou/h to entitle
it to one le/islative district5 the incidental effect is
the splittin/ of district into two. 'he incidental
arisin/ of a new district in this !anner need not be
preceded b" a census. 9'obias v. Abalos:
G. Reappo(tion&ent
,eapportion!ent can be !ade thru a special law.
9;ariano v. CJ;ELEC:
Correction of i!balance as a result of the increase
in nu!ber of le/islative districts !ust await the
enact!ent of reapportion!ent law. 9;onte3o v.
CJ;ELEC:
A. /e(()&an!e(in*
Gerr"!anderin/ is the for!ation of one le/islative
district out of separate territories for the purpose of
favorin/ a candidate or a part".
Gerr"!anderin/ is not allowed. 'he Constitution
provides that each district shall co!prise5 as far as
practicable5 conti/uous5 co!pact and ad3acent
territor".
M. Election
(. ,e/ular Election
1. Special Election
Section 7. 4nless otherwise provided
b" law5 the re/ular election of the
Senators and the ;e!bers of the
#ouse of ,epresentatives shall be
held on the second ;onda" of ;a".
Re*ula( election
A person holdin/ office in the #ouse !ust "ield his
or her seat to the person declared b" the
CJ;ELEC to be the winner. 'he Spea.er shall
ad!inister the oath to the winner. 9Codilla v. De
Venecia:
DisMualifie! ;winne(?
'he Court has also clarified the rule on who should
assu!e the position should the candidate who
received the hi/hest nu!ber of votes is
dis<ualified. 'he second in ran. does not ta.e his
place. 'he reason is si!ple= A$t is of no !o!ent
that there is onl" a !ar/in of +>* votes between
protestant and protestee. hether the !ar/in is
ten or ten thousand5 it still re!ains that protestant
did not receive the !andate of the !a3orit" durin/
the elections. 'hus5 to proclai! hi! as the dul"
elected representative in the stead of protestee
would be anathe!a to the !ost basic precepts of
republicanis! and de!ocrac" as enshrined within
our Constitution.B
(82
Section 6. $n case of vacanc" in the
Senate or in the #ouse of
,epresentatives5 a special election
!a" be called to fill such vacanc" in
the !anner prescribed b" law5 but the
Senator or ;e!ber of the #ouse of
,epresentatives thus elected shall
serve onl" for the une7pired ter!.
Special election
A special election to fill in a vacanc" is not
!andator".
$n a special election to fill a vacanc"5 the rule is that
a statute that e7pressl" provides that an election to
fill a vacanc" shall be held at the ne7t /eneral
elections5 fi7es the date at which the special
election is to be held and operates as the call for
that election. Conse<uentl"5 an election held at the
ti!e thus prescribed is not invalidated b" the fact
that the bod" char/ed b" law with the dut" of
callin/ the election failed to do so. 'his is because
the ri/ht and dut" to hold the election e!anate
fro! the statue and not fro! an" call for election b"
so!e authorit" and the law thus char/es voters
with .nowled/e of the ti!e and place of the
election. 9'olentino v. CJ;ELEC:
Special Election DR.A. ::ABE
(. Do special election will be called if vacanc"
occurs=
a. at least ei/hteen 9(*: !onths before the
ne7t re/ular election for the !e!bers of
the SenateG
b. at least one 9(: "ear before the ne7t
re/ular election !e!bers of Con/ress
1. 'he particular #ouse of Con/ress where
vacanc" occurs !ust pass either a resolution if
Con/ress is in session or the Senate President
or the Spea.er !ust si/n a certification5 if
Con/ress is not in session5
a. declarin/ the e7istence of vacanc"G
b. callin/ for a special election to be held
within 68 to )C da"s fro! the date of the
resolution or certification.
2. 'he Senator or representative elected shall
serve onl" for the une7pired ter!.
1%&
Ocampo v. #$ET! @.=. :o. 1%24++. 1une 1%, 2##4.
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SCHOOL OF LAW
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N. Sala(ies
,hen increase may take e##ect
9eason #ro the delayed e##ect o# increased salary
1moluments
Allowances
Section 3J. 'he salaries of Senators
and ;e!bers of the #ouse of
,epresentatives shall be deter!ined
b" law. Do increase in said
co!pensation shall ta.e effect until
after the e7piration of the full ter! of
all the !e!bers of the Senate and
the #ouse of ,epresentatives
approvin/ such increase.
3. W#en inc(ease &a) ta9e effect. Do increase in
the salaries of Senators and ,epresentatives shall
ta.e effect until after the e7piration of the full ter!
of all the !e!bers of the Senate and #ouse of
,epresentatives.
2. Reason fo( t#e !ela)e! effect of inc(ease!
sala(). $ts purpose is to place a Ale/al bar to the
le/islators@ "ieldin/ to the natural te!ptation to
increase their salaries. 9P#$LCJDSA v. ;atha":
G. E&olu&ents. Bernas sub!its that5 b" appealin/
to the spirit of the prohibition5 the provision !a" be
read as an absolute ban on an" for! of direct or
indirect increase of salar" 9li.e e!olu!ents:.
A. Allowances. A !e!ber of the Con/ress !a"
receive office and necessar" travel allowances
since allowances ta.e effect i!!ediatel". Dor is
there a le/al li!it on the a!ount that !a" be
appropriated. 'he onl" li!it is !oral5 because5
accordin/ to Section 1C5 the boo.s of Con/ress are
audited b" the Co!!ission on Audit ?which shall
publish annuall" an ite!i0ed list of a!ounts paid
and e7penses incurred for each ;e!ber.
(86
IV. PRIVILE/ES O- MEMBERS
A. P(i"ile*e f(o& A((est
B. Pa(lia&enta() f(ee!o& of speec#
an! !eate
Section 33. A Senator or ;e!ber of
the #ouse of ,epresentatives shall5
in all offenses punishable b" not !ore
than si7 "ears i!prison!ent5 be
privile/ed fro! arrest while the
Con/ress is in session. Do !e!ber
shall be <uestioned nor be held liable
in an" other place for an" speech or
debate in the Con/ress or in an"
co!!ittee thereof.
1%4
,ernas Commentar-, p/##.
A. P(i"ile*e f(o& A((est DPa(lia&enta() I&&unit) of
A((estE
+riilege
+urpose
Scope
7imitations
+riilege is +ersonal
!rillanes Case
3. P(i"ile*e. A !e!ber of Con/ress is privile/ed
fro! arrest w#ile Con*(ess is in session in all
offenses 9cri!inal or civil: not punishable b" !ore
than > "ears i!prison!ent.
2. Pu(pose. Privile/e is intended to ensure
representation of the constituents of the !e!ber of
Con/ress b" preventin/ atte!pts to .eep hi! fro!
attendin/ sessions.
(88
G. Scope. Parlia!entar" i!!unit" onl" includes
the i!!unit" fro! arrest5 and not of bein/ filed suit.
A. Li&itations on Pa(lia&enta() I&&unit)
1. Cri!e has a !a7i!u! penalt" of not !ore
than > "earsG
2. Con/ress is in session5 whether re/ular or
specialG
&. Prosecution will continue independent of
arrestG
4. ill be sub3ect to arrest i!!ediatel" when
Con/ress ad3ourns.
W#ile in session. 'he privile/e is available Awhile
the Con/ress is in session5B whether re/ular or
special and whether or not the le/islator is actuall"
attendin/ a session. ASessionB as here used does
not refer to the da"EtoEda" !eetin/s of the
le/islature but to the entire period fro! its initial
convenin/ until its final ad3ourn!ent.
(8>
#ence the
privile/e is not available while Con/ress is in
recess.
W#) not a"ailale !u(in* (ecess. Since the
purpose of the privile/e is to protect the le/islator
a/ainst harass!ent which will .eep hi! awa" fro!
le/islative sessions5 there is no point in e7tendin/
the privile/e to the period when the Con/ress is not
in session.
B. P(i"ile*e is pe(sonal. Privile/e is personal to
each !e!ber of the le/islature5 and in order that
its benefits !a" be availed of5 it !ust be asserted
at the proper ti!e and placeG otherwise it will be
considered waived.
(8+
P(i"ile*e not *(ante! to Con*(ess ut to its
&e&e(s. Privile/e fro! arrest is not /iven to
1%%
1%+
1%/
!inco, Philippine Political "aw, p. 12/, 1#
th
ed.
26
SCHOOL OF LAW
ARIS S. MANGUERA
Con/ress as a bod"5 but rather one that is /ranted
particularl" to each individual !e!ber of it. 9Coffin
v. Coffin5 6 ;ass (:
(8*
Privile/e is reinforced b" Article (68 of the ,evised
Penal CodeE<iolation o# +arliamentary Immunity.
Note% 'he provision sa"s p(i"ile*e f(o& a((estG it
does not sa" privile/e fro! detention.
Q= Con/ress!an &alos3os was convicted for
rape and detained in prison5 as.s that he be
allowed to attend sessions of the #ouse.
A= ;e!bers of Con/ress are not e7e!pt
fro! detention for cri!e. 'he" !a" be
arrested5 even when the #ouse in session5
for cri!es punishable b" a penalt" of !ore
than si7 !onths.
Q= Con/ress!an S was convicted for a
cri!e with a punish!ent of less than >
"ears. #e as.s that he be allowed to attend
sessions of the #ouse contendin/ that the
punish!ent for the cri!e for which he was
convicted is less than > "ears.
A= $ sub!it that Con/ress!an S can be
detained even if the punish!ent i!posed is
less than > "ears. 'he provision onl" spea.s
of privile/e fro! arrest. $t does not spea. of
e7e!ption fro! servin/ sentence after
conviction. ;e!bers of Con/ress are not
e7e!pt fro! detention for cri!e.Eas!
Q= Can the Sandi/anba"an order the
preventive suspension of a ;e!ber of the
#ouse of ,epresentatives bein/ prosecuted
cri!inall" for violation of the AntiEGraft and
Corrupt Practices ActR
A= Tes. $n +aredes . Sandiganbayan5 the
Court held that the accused cannot validl"
ar/ue that onl" his peers in the #ouse of
,epresentatives can suspend hi! because
the courtEordered suspension is a preventive
!easure that is different and distinct fro!
the suspension ordered b" his peers for
disorderl" behavior which is a penalt".
:. T(illanes Case 9&une 1+5 1CC*:
$n a unani!ous decision penned b" &ustice Carpio
;orales5 the SC en banc 3un.ed Senator Antonio 'rillanes@
petition see.in/ that he be allowed to perfor! his duties as a
Senator while still under detention. SC barred 'rillanes fro!
attendin/ Senate hearin/s while has pendin/ cases5 affir!in/
the decision of ;a.ati &ud/e Jscar Pi!entel.
'he SC re!inded 'rillanes that Aelection to office does
not obliterate a cri!inal char/eB5 and that his electoral victor"
onl" si/nifies that when voters elected hi!5 the" were alread"
full" aware of his li!itations.
1%2
!inco, Philippine Political "aw, p. 12/, 1#
th
ed.
'he SC did not find !erit in 'rillanes@ position that his
case is different fro! for!er representative ,o!eo &alos3os5
who also sou/ht si!ilar privile/es before when he served as
Pa!boan/a del Dorte con/ress!an even while in detention.
Quotin/ parts of the decision on &alos3os5 SC said that
Aallowin/ accusedEappellant to attend con/ressional sessions
and co!!ittee !eetin/s five da"s or !ore a wee. will virtuall"
!a.e hi! a free !anK Such an aberrant situation not onl"
elevates accused appellant@s status to that of a special class5 it
would be a !oc.er" of the purposes of the correction s"ste!.B
'he SC also did not bu" 'rillanes@ ar/u!ent that he be
/iven the sa!e liberal treat!ent accorded to certain detention
prisoners char/ed with nonEbailable offenses5 li.e for!er
President &oseph Estrada and for!er Autono!ous ,e/ion in
;usli! ;indanao 9A,;;: /overnor Dur ;isuari5 sa"in/ these
e!er/enc" or te!porar" leaves are under the discretion of the
authorities or the courts handlin/ the!.
'he SC re!inded 'rillanes that he also benefited fro!
these Ate!porar" leavesB /iven b" the courts when he was
allowed to file his candidac" and attend his oathEta.in/ as a
senator before.
'he SC also believes that there is a Asli/ht ris.B that
'rillanes would escape once he is /iven the privile/es he is
as.in/5 citin/ the Peninsula ;anila incident last Dove!ber.
B. P(i"ile*e of Speec# an! Deate
9e%uirements
+urpose
Scope
+riilege 0ot Absolute
:& Isa#ani Cru1% 2 ReMui(e&ents fo( t#e
p(i"ile*e to e a"aile! of%
(. 'hat the re!ar.s !ust be !ade while the
le/islature or the le/islative co!!ittee is
functionin/5 that is in sessionG
(8)
(See &i!ene0 v.
Caban/ban/:
1. 'hat the" !ust be !ade in connection with the
dischar/e of official duties.
(>C
But waitN As re/ards ,e<uire!ent V( provided
b" Cru05 Bernas Pri!er provides= to co!e
under the privile/e5 it is not essential that the
Con/ress be in session when the utterance is
!ade. hat is essential is that the utterance
!ust constitute Ale/islative action.B
(>(
Libelous re!ar.s not in e7ercise of le/islative
function shall not be under privile/e of speech.
'o invo.e the privile/e of speech5 the !atter !ust
be oral and !ust be proven to be indeed
privile/ed.
2. Pu(pose. $t is intended to leave le/islator
uni!peded in the perfor!ance of his duties and
free for! harass!ent outside.
(>1
1%$
Cru), Philippine Political "aw p. 11+ (1$$% ed.*3 See 'imene( v.
Cabangbang.
1+#
Cru), Philippine Political "aw p. 11+ (1$$% ed.*.
1+1
,ernas Primer, p. 24% (2##+ ed.*
1+2
,ernas Primer, p. 24% (2##+*.
28
SCHOOL OF LAW
ARIS S. MANGUERA
Privile/e of speech and debate enables the
le/islator to e7press views bearin/ upon the public
interest without fear of accountabilit" outside the
halls of the le/islature for his inabilit" to support his
state!ents with the usual evidence re<uired in the
court of 3ustice. $n other words5 he is /iven !ore
leewa" than the ordinar" citi0en in the ventilation of
!atters that ou/ht to be divul/ed for the public
/ood.
(>2
G. Scope%
3:A
9(: 'he privile/e is a protection onl" a/ainst
foru!s other than the Con/ress itself.
9Js!ena v. Pendatun:
91: ASpeech or debateB includes utterances
!ade in the perfor!ance of official functions5
such as speeches delivered5 state!ents
!ade5 votes cast5 as well as bills introduced
and other acts done in the perfor!ance of
official duties. 9&i!ene0 v. Caban/ban/:
92: 'o co!e under the privile/e5 it is not
essential that the Con/ress be in session
when the utterance is !ade. hat is essential
is that the utterance !ust constitute
Ale*islati"e actionB5 that is5 it !ust be part of
the deliberative and co!!unicative process
b" which le/islators participate in co!!ittee or
con/ressional proceedin/s in the
consideration of proposed le/islation or of
other !atters which the Constitution has
placed within the 3urisdiction of Con/ress.
9Gravel v. 4S:
96: 'he privile/e e7tends to a/ents of
asse!bl"!en provided that the Aa/enc"B
consists precisel" in assistin/ the le/islator in
the perfor!ance of Ale/islative actionB 9Gravel
v. 4S:
A. P(i"ile*e not asolute. 'he rule provides that
the le/islator !a" not be <uestioned Ain an" other
place5B which !eans that he !a" be called to
account for his re!ar.s b" his own collea/ues in
the Con/ress itself and5 when warranted5 punished
for Adisorderl" behavior.B
(>8
V. D$TC TO DISCLOSEK PRO0IBITIONS
A& Dut' to Disclose
)& Prohi%itions
A. Dut) to !isclose
Section 32. All !e!bers of the
Senate and the #ouse of
,epresentative shall5 upon
assu!ption of office5 !a.e a full
disclosure of their financial and
1+&
1+4
,ernas Primer, p. 24% (2##+ ed.*
1+%
Cru), Philippine Political "aw3 See ;smena v. Pendatun.
business interests. 'he" shall notif"
the #ouse concerned of a potential
conflict of interest that !a" arise fro!
the filin/ of a proposed le/islation of
which the" are authors.
'his provision spea.s of dut" to disclose the
followin/=
9(: -inancial an! usiness inte(est upon
assumption o# o##ice
91: Potential conflict of inte(est that !a" arise
fro! filin/ of a proposed legislation o# which
they are authors.
B. P(o#iitions DDisMualifications an! In#iitionsE
+rohibitions
:is%uali#ications
+rohibitions on lawyerBlegislators
Con#lict o# interests
:is%uali#ications
Section 3G. Do Senator or ;e!ber
of the #ouse of ,epresentatives !a"
hold an" other office or e!plo"!ent
in the /overn!ent5 or an"
subdivision5 a/enc"5 or
instru!entalit" thereof5 includin/
/overn!entEowned or controlled
corporation or their subsidiaries5
durin/ his ter! without forfeitin/ his
seat. Deither shall he be appointed to
an" office which !a" have been
created or the e!olu!ents thereof
increased durin/ the ter! for which
he was elected.
Section 3A. Do Senator or ;e!ber
of the #ouse of ,epresentatives !a"
personall" appear as counsel before
an" court of 3ustice or before the
Electoral 'ribunals5 or <uasiE3udicial
and other ad!inistrative bodies.
Deither shall he5 directl" or indirectl"5
be interested financiall" in an"
contract with5 or in an" franchise or
special privile/e /ranted b" the
Govern!ent5 or an" subdivision5
a/enc" or instru!entalit" thereof5
includin/ an" /overn!entEowned or
controlled corporation5 or its
subsidiar"5 durin/ his ter! of office.
#e shall not intervene in an" !atter
before an" office of the Govern!ent
for his pecuniar" benefit or where he
!a" be called upon to act on account
of his office.
3. P(o#iitions%
2>
SCHOOL OF LAW
ARIS S. MANGUERA
:is%uali#ications
9(: To #ol! an) ot#e( office o( e&plo)&ent
in the /overn!ent5 or an" subdivision5
a/enc"5 or instru!entalit" thereof5
includin/ /overn!entEowned or controlled
corporation or their subsidiaries !u(in*
#is te(& without forfeitin/ his seat.
9$nco!patible office:
91: To e appointe! to an) office which
!a" have been created or the
e!olu!ents thereof increased durin/ the
ter! for which he was elected. 9-orbidden
office:
+rohibitions on lawyerBlegislators
92: To pe(sonall) appea( as counsel before
an" court of 3ustice or before the Electoral
'ribunals5 or <uasiE3udicial and other
ad!inistrative bodies.
Con#lict o# Interests
96: To e inte(este! financiall)5 directl" or
indirectl"5 in an" cont(act with5 or in an"
f(anc#ise or special p(i"ile*e /ranted b"
the Govern!ent5 or an" subdivision5
a/enc" or instru!entalit" thereof5
includin/ an" /overn!entEowned or
controlled corporation5 or its subsidiar"5
!u(in* #is te(& of office.
98: To inte("ene in an) &atte( before an"
office of the Govern!ent fo( #is
pecunia() enefit or inte("ene in an)
&atte( before an" office of the
Govern!ent where he !a" be called
upon to act on account of his office.
(H/ See Section 'G
2. :is%uali#ications
Incompatible 3##ice
Pu(pose. 'he purpose of prohibition of
inco!patible offices is to prevent hi! fro! owin/
lo"alt" to another branch of the /overn!ent5 to the
detri!ent of the independence of the le/islature
and the doctrine of separation of powers.
2 5in!s of Office un!e( A(ticle 3G
(: $nco!patible office 9(
st
sentence of article (2:
1: -orbidden office 91
nd
sentence of article (2:
P(o#iition not asolute. 'he prohibition a/ainst
the holdin/ of an inco!patible office is not
absoluteG what is not allowed is the si!ultaneous
holdin/ of that office and the seat in Con/ress.
(>>
#ence5 a !e!ber of Con/ress !a" resi/n in order
to accept an appoint!ent in the /overn!ent before
the e7piration of his ter!.
(>+
W#en office not inco&patile. Dot ever" other
office or e!plo"!ent is to be re/arded as
inco!patible with the le/islative position. -or5
1++
1+/
,ernas Primer, p.24+ (2##+*.
e7a!ple5 !e!bership in the Electroral 'ribunals is
per!itted b" the Constitution itself. ;oreover5 if it
can be shown that the second office is an
e7tension of the le/islative position or is in aid of
le/islative duties5 the holdin/ thereof will not result
in the loss of the le/islator@s seat in the
Con/ress.
(>*
-orbidden 3##ice.
Pu(pose. 'he purpose is to prevent traffic.in/ in
public office.
(>)
'he reasons for e7cludin/ persons
fro! office who have been concerned in creatin/
the! or increasin/ the e!olu!ents are to ta.e
awa" as far as possible5 an" i!proper bias in the
vote of the representative and to secure to the
constituents so!e sole!n pled/e of his
disinterestedness.
(+C
Scope of p(o#iition. 'he provision does not
appl" to elective offices5 which are filled b" the
voters the!selves.
'he appoint!ent of the !e!ber of the Con/ress to
the forbidden office is not allowed onl) durin/ the
ter! for which he was elected5 when such office
was created or its e!olu!ents were increased.
After such ter!5 and even if the le/islator is reE
elected5 the dis<ualification no lon/er applies and
he !a" therefore be appointed to the office.
(+(
G. +rohibition on lawyer legislators.
Pu(pose. 'he purpose is to prevent the le/islator
fro! e7ertin/ undue influence5 deliberatel" or not5
upon the bod" where he is appearin/.
(+1
Not a *enuine pa(t) to a case. A con/ress!an
!a" not bu" a no!inal account of shares in a
corporation which is part" to a suit before the SEC
and then appear in AinterventionB. 'hat which the
Constitution directl" prohibits !a" not be done b"
indirection. 9Pu"at v. De Gu0!an:
P(o#iition is pe(sonal. $t does not appl" to law
fir! where a law"erECon/ress!an !a" be a
!e!ber.
(+2
'he law"erEle/islator !a" still en/a/e
in the practice of his profession e7cept that when it
co!e to trials and hearin/s before the bodies
aboveE!entioned5 appearance !a" be !ade not
b" hi! but b" so!e !e!ber of his law office.
(+6
1+2
1+$
1/#
4r. 1ustice !tor- Fuoted in !inco, Philippine Political "aw, p. 1+&
(1$%4*.
1/1
1/2
1/&
,ernas Primer, p.24/ (2##+*.
1/4
Cru). Philippine Political "aw.
2+
SCHOOL OF LAW
ARIS S. MANGUERA
Plea!in*s. A con/ress!an cannot si/n pleadin/s
Has counsel for a clientI 9Ville/as case:
A. Con#lict o# Interests
-inancial Interest
Pu(pose. 'his is because of the influence the" can
easil" e7ercise in obtainin/ these concessions. 'he
idea is to prevent abuses fro! bein/ co!!itted b"
the !e!bers of Con/ress to the pre3udice of the
public welfare and particularl" of le/iti!ate
contractors with the /overn!ent who otherwise
!i/ht be placed at a disadvanta/eous position isB
KBis the le/islator.
Cont(act. 'he contracts referred to here are those
involvin/ Afinancial interest5B that is5 contracts fro!
which the le/islator e7pects to derive so!e profit at
the e7pense of the /overn!ent.
(+8

Pecunia() Benefit. 'he prohibited pecuniar"
benefit could be direct or indirect and this would
cover pecuniar" benefit for relatives. 9Bernas
Co!!entar"5 p. +(C5 (C
th
ed.:
VI. INTERNAL /OVERNMENT O- CON/RESS
Sessions
A!5ournment
Officers
Buorum
Internal Rules
Disciplinar' Poers
.e#islative *ournal an! Con#ressional Recor!
Enrolle! )ill Doctrine
A. Sessions
(. ,e/ular
1. Special
2. &oint Sessions
Section 3B. 'he Con/ress shall
convene once ever" "ear on the
fourth ;onda" of &ul" for its re/ular
session5 unless a different date is
fi7ed b" law5 and shall continue to be
in session for such nu!ber of da"s as
it !a" deter!ine until thirt" da"s
before the openin/ of its ne7t re/ular
session5 e7clusive of Saturda"s5
Sunda"s5 and le/al holida"s. 'he
President !a" call a special session
at an" ti!e.
Re*ula( session
1/%
Cru), Philippine Political "aw. "egislators cannot be members of
the board of corporations with contract with the government. !uch
would be at least indirect financial interest. (,ernas Commentar-, p.
/1#, 1#
th
ed.*
Con/ress shall convene once ever" "ear for its
re/ular session.
Con/ress shall convene on the 6
th
;onda" of &ul"
9unless a different date is fi7ed b" law: until 2C
da"s 9e7clusive of Saturda"s5 Sunda"s and le/al
holida"s: before the openin/ of the ne7t re/ular
session.
Special session
A special session is one called b" the President
while the le/islature is in recess.
Man!ato() (ecess. A !andator" recess is
prescribed for the thirt"Eda" period before the
openin/ of the ne7t re/ular session5 e7cludin/
Saturda"s5 Sunda"s and le/al holida"s. 'his is the
!ini!u! period of recess and !a" be len/thened
b" the Con/ress in its discretion. $t !a" however5
be called in special session at an" ti!e b" the
President.
'he President@s call is not necessar" in so!e
instances=
(. hen the Con/ress !eets to
canvass the presidential elections
1. 'o call a special election when both
the Presidenc" and ViceEPresidenc" are
vacated
2. hen it decides to e7ercise the
power of i!peach!ent where the respondent
is the President hi!self.
(+>
Q= ;a" the President li!it the sub3ects which
!a" be considered durin/ a special election
called b" hi!R
A= Do. 'he President is /iven the power to
call a session and to specif" sub3ects he
wants considered5 but it does not e!power
hi! to prohibit consideration of other
sub3ects. After all5 Con/ress5 if it so wishers5
!a" sta" in re/ular session al!ost all "ear
round.
(++
4oint Sessions
a. Votin/ Separatel"
i: Choosin/ the President 9art. + Q6:
ii: Deter!ine President@s disabilit" 9art. + Q((:
iii: Confir!in/ no!ination of the ViceEPresident
9art. + Q):
iv: Declarin/ the e7istence of a state of war 9art.
> Q12:
v: Proposin/ constitutional a!end!ents 9art. (1
Q(:
b. Votin/ &ointl"
'o revo.e or e7tend procla!ation suspendin/
the privile/e of the writ of habeas corps or
placin/ the Philippines under !artial law. 9art +
Q(*:
1/+
Cru), Philippine Political "aw,
1//
,ernas Commentar-, p./11, (2##& ed.*
2*
SCHOOL OF LAW
ARIS S. MANGUERA
Instances w#en Con*(ess "otes ot#e( t#an
&a+o(it).
a. 'o suspend or e7pel a !e!ber in
accordance with its rules and proceedin/s= 1%2
of all its !e!bers 9Sec. (>5 Art. V$:.
b. Teas and na"s entered in the &ournal= (%8
of the !e!bers present 9Sec. (>96:5 Art. V$:
c. Declare the e7istence of a state of war=
1%2 of both houses in 3oint session votin/
separatel" 9Sec. 125 Art. V$:
d. ,eEpassin/ of a bill after Presidential veto=
1%2 of the ;e!bers of the #ouse where it
ori/inated followed b" 1%2 of the ;e!bers of
the other #ouse.
e. Deter!inin/ President@s disabilit" after
sub!issions b" both the Cabinet and the
President= 1%2 of both #ouses votin/
separatel" 9Sec. ((5 Art. V$$:
B. A!+ou(n&ent
Section (>
98: Deither #ouse durin/ the session
of the Con/ress shall5 without the
consent of the other5 ad3ourn for !ore
than three da"s5 nor to an" other
place than that in which the two
#ouses shall be sittin/.
Either #ouse !a" ad3ourn even without the
consent of the other provided that it will not be
!ore than three da"s.
$f one #ouse should ad3ourn for !ore than three
da"s5 it will need the consent of the other.
Deither house can ad3ourn to an" other place than
that in which the two #ouses shall be sittin/ without
the consent of the other.
Reason. 'hese rules prevent each house fro!
holdin/ up the wor. of le/islation.
(+*
'his
coordinative rule is necessar" because the two
houses for! onl" one le/islative bod".
(+)
C. Office(s
Section 3:. 9(: 'he Senate shall
elect its President and the #ouse of
,epresentatives its Spea.er5 b" a
!a3orit" vote of all its respective
;e!bers.
Each #ouse shall choose such other
officers as it !a" dee! necessar".
Office(s of t#e Con*(ess=
9(: Senate President
1/2
!inco, Philippine Political "aw, p 1/# (1$%4*.
1/$
,ernas Commentar-, p./2&, (2##& ed.*
91: #ouse Spea.er
92: Such other officers as each #ouse !a" dee!
necessar".
$t is well within the power and 3urisdiction of the
Court to in<uire whether the Senate or its officials
co!!itted a violation of the Constitution or /ravel"
abused their discretion in the e7ercise of their
functions and prero/atives. 9Santia/o v. Guin/ona:
'he !ethod of choosin/ who will be the other
officers !ust be prescribed b" Senate itself. $n the
absence of constitutional and statutor" /uidelines
or specific rules5 this Court is devoid of an" basis
upon which to deter!ine the le/alit" of the acts of
the Senate relative thereto. Jn /rounds of respect
for the basic concept of separation of powers5
courts !a" not intervene in the internal affairs of
the le/islatureG it is not within the province of courts
to direct Con/ress how to do its wor.. 9Santia/o v.
Guin/ona:
D. .uo(u&
Section (>
91: A !a3orit" of each #ouse shall
constitute a <uoru! to do business5
but a s!aller nu!ber !a" ad3ourn
fro! da" to da" and !a" co!pel the
attendance of absent ;e!bers in
such !anner and under such
penalties5 as such #ouse !a"
provide.
.uo(u& to !o usiness. A !a3orit" of each
#ouse shall constitute a <uoru! to do business.
Quoru! is based on the proportion between those
ph"sicall" present and the total &e&e(s#ip of
the bod".
A s!aller nu!ber !a" ad3ourn fro! da" to da".
A s!aller nu!ber !a" co!pel the attendance of
absent !e!bers in such !anner and under such
penalties as the #ouse !a" provide.
'he !e!bers of the Con/ress cannot co!pel
absent !e!bers to attend sessions if the reason of
absence is a le/iti!ate one. 'he confine!ent of a
Con/ress!an char/ed with a nonEbailable offense
9!ore than > "ears: is certainl" authori0ed b" law
and has constitutional foundations. 9People v.
&alos3os:
'he <uestion of <uoru! cannot be raised
repeatedl"5 especiall" when a <uoru! is obviousl"
present5 for the purpose of dela"in/ the business of
the #ouse. 9Arro"o v. De Venecia5 &une 1>5 ())*:
E. Inte(nal Rules
2)
SCHOOL OF LAW
ARIS S. MANGUERA
+ower to determine rules
0ature o# the rules
9ole o# courts
Section (*
92: Each #ouse !a" deter!ine the
rules of its proceedin/s5 punish its
;e!bers for disorderl" behavior5 and
with the concurrence of twoEthirds of
all its ;e!bers5 suspend or e7pel a
;e!ber. A penalt" of suspension5
when i!posed5 shall not e7ceed si7t"
da"s.
3. Powe( to !ete(&ine inte(nal (ules. Each
#ouse !a" deter!ine the rules of its proceedin/s.
2. Natu(e of t#e Rules. 'he rules adopted b"
deliberative bodies 9such as the #ouse: are sub3ect
to revocation5 !odification5 or waiver b" the bod"
adoptin/ the!. 9Arro"o v. De Venecia:
'he power to !a.e rules is not one5 once
e7ercised is e7hausted. $t is a continuous power5
alwa"s sub3ect to be e7ercised b" the #ouse5 and
within the li!itations su//ested and absolutel"
be"ond the challen/e of an" other bod". 9Arro"o v.
De Venecia:
G. Role of Cou(ts. 'he Court !a" not intervene in
the i!ple!entation of the rules of either #ouse
e7cept if the rule affects private ri/hts. Jn !atters
affectin/ onl" internal operation of the le/islature5
the le/islature@s for!ulation and i!ple!entation of
its rules is be"ond the reach of the courts. hen5
however5 the le/islative rule affects private ri/hts5
the courts cannot alto/ether be e7cluded. 94S v.
S!ith:
-. Disciplina() powe(s Dsuspension1e@pulsionE
Basis fo( punis#&ent. Each #ouse !a" punish
its ;e!bers for disorderl" behavior.
P(e"enti"e Suspension ". Puniti"e Suspension.
A con/ress!an !a" be suspended as a preventive
!easure b" the Sandi/anba"an. 'he order of
suspension prescribed b" the AntiEGraft and
Corrupt Practices Act is distinct fro! the power of
con/ress to police its own ran.s under the
Constitution. 'he suspension conte!plated in the
constitutional provisions is a punitive !easure that
is i!posed upon deter!ination b" a #ouse upon
an errin/ !e!ber. 'he suspension spo.en in
AGCPA is not a penalt" but a preventive !easure.
'he doctrine of separation of powers b" itself !a"
not be dee!ed to have e7cluded !e!bers of
Con/ress fro! AGCPA. 'he law did not e7clude
fro! its covera/e the !e!bers of the Con/ress
and therefore the Sandi/anba"an !a" decree a
preventive suspension order. 9Santia/o v.
Sandi/anba"an: 91CC1 Bar Question:
21G ReMui(e&ent. Each #ouse !a" with the
concurrence of twoEthirds of all its ;e!bers5
suspend or e7pel a ;e!ber.
Pe(io! of suspension. A penalt" of suspension5
when i!posed5 shall not e7ceed si7t" da"s.
Not su+ect to +u!icial (e"iew. Disciplinar" action
ta.en b" Con/ress a/ainst a !e!ber is not sub3ect
to 3udicial review because each #ouse is the sole
3ud/e of what disorderl" behavior is. 9Js!ena v.
Pendatun:
/. Le*islati"e 4ou(nal an! Con*(essional Reco(!
9e%uirement
;ournal
+urpose o# ;ournal
,hat may be e2cluded
Matters to be entered to the ?ournal
;ournal . 12traneous 1idence
9ecord
Section (*
96: Each #ouse shall .eep a &ournal
of its proceedin/s5 and fro! ti!e to
ti!e publish the sa!e5 e7ceptin/
such parts as !a"5 in its 3ud/!ent5
affect national securit"G and the "eas
and na"s on an" <uestion shall5 at the
re<uest of oneEfifth of the ;e!bers
present5 be entered in the &ournal.
Each #ouse shall also .eep a ,ecord
of its Proceedin/s.
3. ReMui(e&ent. Each #ouse shall .eep a &ournal
of its proceedin/s5 and fro! ti!e to ti!e publish
the sa!e.
2. W#at is a +ou(nal, 'he 3ournal is usuall" an
abbreviated account of the dail" proceedin/s.
(*C
A
le/islative 3ournal is defined as Athe official record
of what is ?done and past@ in a le/islative Hbod"I. $t
is so called because the proceedin/s are entered
therein5 in chronolo/ical order as the" occur fro!
da" to da".
(*(
G. Pu(pose of t#e (eMui(e&ent t#at a +ou(nal e
9ept=
9(: 'o insure publicit" to the proceedin/s of the
le/islature5 and a correspondent responsibilit"
of the !e!bers of their respective
constituentsG and
91: 'o provide proof of what actuall" transpired in
the le/islature. 9-ield v. Clar.:
12#
121
!inco, Philippine Political "aw 1$1, (1$%4*.
6C
SCHOOL OF LAW
ARIS S. MANGUERA
A. W#at &a) e e@clu!e!. 'he Constitution
e7e!pts fro! publication parts which in the
3ud/!ent of the #ouse affect national securit".
B. Matte(s w#ic#' un!e( t#e Constitution' a(e to
e ente(e! in t#e +ou(nal%
(. Teas and na"s on
third and final readin/ of a bill.
1. Veto !essa/e of the
President
2. Teas and na"s on the
repassin/ of a bill vetoed b" the President
6. Teas and na"s on
an" <uestion at the re<uest of (%8 of !e!bers
present
:. 4ou(nal "s. E@t(aneous e"i!ence. 'he &ournal
is conclusive upon the Courts 94S v. Pons:
8. W#at is a Reco(!, 'he ,ecord contains a word
for word transcript of the deliberation of
Con/ress.
(*1
0. En(olle! ill !oct(ine
1nrolled 8ill
1nrolled 8ill :octrine
Lnderlying +rinciple
1nrolled 8ill . ;ournal 1ntry
1nrolled bill . matters re%uired to be entered in the
?ournals
9emedy #or Mistakes
3. En(olle! Bill. Jne which has been dul"
introduced5 finall" passed b" both houses5 si/ned
b" the proper officers of each5 approved b" the
HpresidentI. 9Blac. Law Dictionar":
2. En(olle! ill !oct(ine= 'he si/nin/ of a bill b"
the Spea.er of the #ouse and the Senate
President and the certification b" the secretaries of
both #ouses of Con/ress that such bill was passed
are conclusive of its due enact!ent. 9Arro"o v. De
Venecia:
here the conference co!!ittee report was
approved b" the Senate and the #, and the bill is
enrolled5 the SC !a" not in<uire be"ond the
certification and approval of the bill5 and the
enrolled bill is conclusive upon the 3udiciar" 9Phil.
&ud/es Association v. Prado:
G. $n!e(l)in* P(inciple of t#e Doct(ine. Court is
bound under the !oct(ine of sepa(ation of
powe(s b" the contents of a dul" authenticated
!easure of the le/islature. 9;abana/ v. Lope0
Vito5 Arro"o v. De Venecia:
A. En(olle! ill "s. 4ou(nal Ent()= 'he enrolled
bill is the official cop" of approved le/islation and
122
bears the certification of the presidin/ officers of
the le/islative bod". 'he respect due to a coEe<ual
depart!ent re<uires the courts to accept the
certification of the presidin/ officer as conclusive
assurance that the bill so certified is authentic.
9Casco Philippine Che!ical Co. v. Gi!ene0:
0owe"e(5 $f the presidin/ officer should repudiate
his si/nature in the Aenrolled billB5 the enrolled will
not prevail over the &ournal. 'his is because the
enrolled bill theor" is based !ainl" on the respect
due to a coEe<ual depart!ent. hen such coEe<ual
depart!ent itself repudiates the enrolled bill5 then
the 3ournal !ust be accepted as conclusive.
B. En(olle! ill ". Matte(s (eMui(e! to e ente(e!
in t#e +ou(nals. 'he Supre!e Court has e7plicitl"
left this !atter an open <uestion in ;orales v.
Subido.
(*2
:. Re&e!) fo( Mista9es. $f a !ista.e was !ade in
printin/ of the bill before it was certified b"
Con/ress and approved b" the President5 the
re!ed" is a!end!ent or corrective le/islation5 not
3udicial decree. 9Casco 9Phil: Che!ical Co.
Gi!ene0:
VII. Electo(al T(iunals' CA
Electoral ,ri%unal
CA
Constitution of E, an! CA
A. Electo(al T(iunal
1lectoral !ribunals
Composition
9ationale
Independence
Security o# !enure
+ower
;urisdiction o# 1!
;urisdiction o# C3M171C
;udicial 9eiew
Section 38. 'he Senate and the
#ouse of ,epresentatives shall each
have an Electoral 'ribunal which shall
be the sole 3ud/e of all contests
relatin/ to the election5 returns5 and
<ualifications of their respective
;e!bers. Each electoral tribunal
shall be co!posed of nine !e!bers5
three of who! shall be &ustices of the
Supre!e Court to be desi/nated b"
the Chief &ustice5 and the re!ainin/
si7 shall be !e!bers of the Senate or
12&
,ernas Primer, p. 2%1 (2##+ ed.*3 Cru) in his boo6 sa-sA B,ut
e.cept onl- where the matters are reFuired to be entered in the
5ournals, the contents of the enrolled bill shall prevail over those of
the 5ournal in case of conflict. (Page 12$ Philippine Political "aw
(1$$% ed*.
6(
SCHOOL OF LAW
ARIS S. MANGUERA
the #ouse of ,epresentatives5 as the
case !a" be5 who shall be chosen on
the basis of proportional
representation fro! the political
parties and the parties or
or/ani0ations re/istered under the
part"Elist s"ste! represented therein.
'he senior 3ustice in the Electoral
tribunal shall be its Chair!an.
3. Two Electo(al T(iunals. 'he Senate and the
#ouse of ,epresentatives shall each have an
Electoral 'ribunal
2. Co&position of ET
Each electoral tribunal shall be co!posed of )
!e!bers. 2 fro! the SC 9to be desi/nated b" the
C&: and > fro! the respective #ouse.
G. W#) c(eate an electo(al t(iunal in!epen!ent
f(o& Con*(ess. $t is believed that this s"ste!
tends to secure decisions rendered with a /reater
de/ree of i!partialit" and fairness to all parties. $t
also enables Con/ress to devote its full ti!e to the
perfor!ance of its proper function5 which is
le/islation5 rather than spend part of its ti!e actin/
as 3ud/e of election contests.
(*6
P(opo(tional Rep(esentation. 'he con/ress!en
who will co!pose the electoral tribunal shall be
chosen on the basis of proportional representation
fro! the political and part"Elist parties.
Reason fo( Mi@e! Me&e(s#ip. 'he presence of
3ustices of the Supre!e Court in the Electoral
'ribunal neutrali0es the effects of partisan
influences in its deliberations and invests its action
with that !easure of 3udicial te!per which is
/reatl" responsible for the respect and confidence
people have in courts.
(*8
C#ai(&an. 'he senior &ustice in the electoral
tribunal shall be its Chair!an.
SE' cannot le/all" function absent its entire
!e!bership of senators5 and no a!end!ent of its
rules can confer on the 2 re!ainin/ 3usticeE
!e!bers alone5 the power of valid ad3udication of
senatorial election contest. 9Abbas v. SE':
A. In!epen!ence. 'he Con/ress !a" not re/ulate
the actions of the electoral tribunals even in
procedural !atters. 'he tribunal is an independent
constitutional bod". 9An/ara v. Electoral
Co!!ission:
B. Secu(it) of Tenu(e. ;e!bers of E' have
securit" of tenure. Dislo"alt" to the part" is not a
124
!inco, Philippine Political "aw, p.1%2 (1$%4*.
12%
!inco, Philippine Political "aw, p.1%2 (1$%4*.
/round for ter!ination. 9Bondoc v. Pineda: 91CC1
Bar Question:
:. Powe(. 'he Electoral 'ribunal shall be the sole
3ud/e of all contests relatin/ to the election5
returns5 and <ualifications of their respective
!e!bers.
'he tribunal has the power to pro!ul/ate rules
relatin/ to !atters within its 3urisdiction5 includin/
period for filin/ election protests. 9La0atin v. #E':
Electoral 'ribunal has incidental power to
pro!ul/ate its rules and re/ulations for the proper
e7ercise of its function 9An/ara v. Electoral
Co!!ission:
8. 4u(is!iction of Electo(al T(iunal
'he Electoral 'ribunal shall be the sole 3ud/e of all
contests relatin/ to the election' (etu(ns' an!
Mualifications of their respective !e!bers.
'he 3urisdiction of #,E' is not li!ited to
constitutional <ualifications. 'he word
A<ualificationsB cannot be read to be <ualified b"
the ter! AconstitutionalB. here the law does not
distin/uish5 the courts should li.ewise not. 'he
filin/ of a certificate of candidac" is a statutor"
<ualification.9Guerrero v. CJ;ELEC:
here a person is contestin/ the procla!ation of a
candidate as senator5 it is SE' which has e7clusive
3urisdiction to act. 9,asul v. CJ;ELEC:
Contest afte( p(ocla&ation is the 3urisdiction of
#,E' 9La0atin v. CJ;ELEC:
hen there is an election contest 9when a
defeated candidate challen/e the <ualification and
clai!s the seat of a proclai!ed winner:5 the
Electoral 'ribunal is the sole 3ud/e.
Errors that !a" be verified onl" b" the openin/ of
ballot bo7es !ust be recoursed to the electoral
tribunal.
Jnce a winnin/ candidate has been proclai!ed5
ta.en his oath and assu!ed office as a !e!ber of
the #ouse5 CJ;ELEC@s 3urisdiction over election
contest relatin/ to his election5 returns and
<ualifications ends5 and the #,E'@s own
3urisdiction be/ins. 9A//abao v. CJ;ELEC:
Natu(e of election contests. An election is not li.e
an ordinar" action in court. Public interests rather
than purel" private ones are involved in its
deter!ination.
(*>
$t is therefore not per!issible that
such a contest be settled b" stipulation between
the parties5 nor can 3ud/!ent be ta.en b" defaultG
12+
!inco, Philippine Political "aw, p.1+1 (1$%4*.
61
SCHOOL OF LAW
ARIS S. MANGUERA
but the case !ust be decided after thorou/h
investi/ation of the evidence.
(*+
Asence of election contest. $n the absence of
an election contest5 however5 the electoral tribunals
are without 3urisdiction. 'hus5 the power of each
#ouse to defer oathEta.in/ of !e!bers until final
deter!ination of election contests filed a/ainst
the! has been retained b" each #ouse. 9An/ara v.
Electoral Co!!ission:
In"ali!it) of P(ocla&ation. An alle/ation of
invalidit" of a procla!ation is a !atter that is
addressed to the sound discretion of the Electoral
'ribunal. 9La0atin v. CJ;ELEC:
Motion to Wit#!(aw. 'he !otion to withdraw does
not divest the #,E' the 3urisdiction on the case.
9,obles v. #,E':
7. 4u(is!iction of COMELEC
PreEprocla!ation controversies include=
9(: $nco!plete returns 9o!ission of na!e or
votes:
91: ,eturns with !aterial defects
92: ,eturns which appeared to be ta!pered with5
falsified or prepared under duress or
containin/ discrepancies in the votes 9with
si/nificant effect on the result of election:
Ahere a petitioner has seasonabl" filed a !otion
for reconsideration of the order of the Second
Division suspendin/ his procla!ation and
dis<ualif"in/ hi!5 the CJ;ELEC was not divested
of its 3urisdiction to review the validit" of the order
of the Second Division. 'he order of the Second
division is unenforceable as it had not attained
finalit". $t cannot be used as the basis for the
assu!ption to office of respondent. 'he issue of
the validit" of the order of second division is still
within the e7clusive 3urisdiction of the CJ;ELEC
en banc. 9Codilla v. De Venecia:
$t is the CJ;ELEC which decides who the winner
is in an election. A person holdin/ office in the
#ouse !ust "ield his or her seat to the person
declared b" the CJ;ELEC to be the winner and
the Spea.er is dut" bound to ad!inister the oath
(**
.
'he Spea.er shall ad!inister the oath on the
winner.
$n election contests5 however5 the 3urisdiction of the
CJ;ELEC ends once a candidate has been
proclai!ed and has ta.en his oath of office as a
;e!ber of Con/ress. &urisdiction then passes to
the Electoral 'ribunal of either the #ouse or the
Senate.
(*)
12/
=einsch,, American "egislature, p 21+.
122
Codilla v. de "enecia! @.=. :o. 1%#+#%. December 1#, 2##2.
6. 4u!icial Re"iew
SC !a" intervene in the creation of the electoral
tribunal. SC !a" overturn the decisions of #,E'
when there is /ADL4. 9Lerias v. #,E':
&udicial review of decisions or final resolutions of
the electoral tribunals is possible onl" in the
e7ercise of the Court@s so called e7traEordinar"
3urisdiction upon a deter!ination that the tribunal@s
decision or resolution was rendered without or in
e7cess of 3urisdiction or with *(a"e ause of
!isc(etion constitutin/ !enial of !ue p(ocess.
9,obles v. #E':
Q= Are the decisions rendered b" the
Electoral 'ribunals in the contests of which
the" are the sole 3ud/e appealable to the
Supre!e CourtR
A= Do. 'he decisions rendered b" the
Electoral 'ribunals in the contests of which
the" are the sole 3ud/e are not appealable to
the Supre!e Court e@cept in cases of a
clea( s#owin* of a *(a"e ause of
!isc(etion.
B. Co&&ission on Appoint&ents
-unction o# CA
Composition
+roportional 9epresentation
-ractional Seats
<oting
Action on Appointments
Ad Interim Appointments not acted upon
9uling
Section 37. 'here shall be a
Co!!ission on Appoint!ents
consistin/ of the President of the
Senate5 as e7Eofficio Chair!an5
twelve Senators and twelve ;e!bers
of the #ouse of ,epresentatives5
elected b" each #ouse on the basis
of proportional representation fro!
the political parties and parties or
or/ani0ations re/istered under the
part"Elist s"ste! represented therein.
'he Chair!an of the Co!!ission
shall not vote5 e7cept in the case of a
tie. 'he Co!!ission shall act on all
appoint!ents sub!itted to it within
thirt" session da"s of the Con/ress
fro! the sub!ission. 'he
Co!!ission shall rule b" a !a3orit"
vote of all its ;e!bers.
3. -unction of CA. $t acts as a le/islative chec. on
the appointin/ authorit" of the President. -or the
12$
A%%abao v. Comelec! @.=. :o. 1+&/%+. 1anuar- 2+, 2##%3
"in&ons'C(ato v. Comelec! @= 1/21&1, April 2, 2##/.
62
SCHOOL OF LAW
ARIS S. MANGUERA
effectivit" of the appoint!ent of certain .e"
officials5 the consent of CA is needed.
2. Co&position 918 !e!bers:
9(: Senate President as chair!an
91: (1 senators
92: (1 !e!bers of #,
G. P(opo(tional Rep(esentation. 'he !e!bers of
the Co!!ission shall be elected b" each #ouse on
the basis of proportional representation fro! the
political part" and part" list.
'he sense of the Constitution is that the
!e!bership in the Co!!ission on Appoint!ent
!ust alwa"s reflect political ali/n!ents in
Con/ress and !ust therefore ad3ust to chan/es. $t
is understood that such chan/es in part" affiliation
!ust be per!anent and not !erel" te!porar"
alliances 9Da0a v. Sin/son:
Endorse!ent is not sufficient to /et a seat in CJA.
9Coseten/ v. ;itra:
A. -(actional Seats. -ractional seats cannot be
rounded off. 'he seats should be vacant.
9Coseten/ v. ;itra: A full co!ple!ent of (1
!e!bers fro! the Senate is not !andator"
9Guin/ona v. Gon0ales: #olders of .8 proportion
belon/in/ to distinct parties !a" not for! a unit"
for purposes of obtainin/ a seat in the
Co!!ission. 9Guin/ona v. Gon0ales:
B. Votin*. 'he Chair!an shall not vote e7cept in
the case of a tie.
:. Action on appoint&ents. 'he Co!!ission
shall act on all appoint!ents sub!itted to it within
GJ session !a)s of the Con/ress fro! the
sub!ission.
8. A! inte(i& appoint&ents not acte! upon. Ad
interi! appoint!ents not acted upon at the ti!e of
the ad3ourn!ent of the Con/ress5 even if the thirt"E
da" period has not "et e7pired5 are dee!ed b"E
passed under Article V$$5 Section (>.
7. Rulin*. 'he Co!!ission shall rule b" a !a3orit"
vote of all its ;e!bers.
C. Constitution of ET an! CA
3rgani=ation
9eason #or early organi=ation o# 1!s
9eason o# proision on CA
CA Meeting
Section 36. 'he Electoral 'ribunals
and the Co!!ission on
Appoint!ents shall be constituted
within thirt" da"s after the Senate and
the #ouse of ,epresentatives shall
have been or/ani0ed with the election
of the President and the Spea.er.
'he Co!!ission on Appoint!ents
shall !eet onl" while the Con/ress is
in session5 at the call of its Chair!an
or a !a3orit" of all its !e!bers5 to
dischar/e such powers and functions
as are herein conferred upon it.
3. O(*aniFation. 'he E' and CJA shall be
constituted within 2C da"s after the Senate and the
#ouse shall have been or/ani0ed with the election
of the President and the Spea.er.
2. Reason fo( Ea(l) o(*aniFation of ETs. $n the
case of Electoral 'ribunals5 the need for their earl"
or/ani0ation is obvious5 considerin/ the rash of
election contests alread" waitin/ to be filed after5
even before5 the procla!ation of the winners. 'his
is also the reason wh"5 unli.e the Co!!ission of
Appoint!ents5 the Electoral 'ribunals are
supposed to continue functionin/ even durin/ the
recess.
()C
G. Reason' p(o"ision on COA. 'he provision is
based on the need to enable the President to
e7ercise his appointin/ power with dispatch in
coordination with the Co!!ission on
Appoint!ents.
'he rule that the Co!!ission on Appoint!ents can
!eet onl" durin/ the session of the Con/ress is the
reason wh" ad interim appoint!ents are per!itted
under the Constitution. 'hese appoint!ents are
!ade durin/ the recess5 sub3ect to consideration
later b" the Co!!ission5 for confir!ation or
re3ection.
But where the Con/ress in is in session5 the
President !ust first clear his no!inations with the
Co!!ission on Appoint!ents5 which is wh" it !ust
be constituted as soon as possible. 4nless it is
or/ani0ed5 no appoint!ent can be !ade b" the
President in the !eanti!e.
()(

A. COA &eetin*
'he Co!!ission on Appoint!ents shall !eet onl"
while the Con/ress is in session to dischar/e its
powers and functions.
'he Co!!ission on Appoint!ents shall !eet at
the call of its Chair!an or a !a3orit" of all its
!e!bers
VIII. RECORDS AND BOO5S O- ACCO$NTS
Section 2J. 'he records and boo.s
of accounts of the Con/ress shall be
preserved and be open to the public
1$#
1$1
66
SCHOOL OF LAW
ARIS S. MANGUERA
in accordance with law5 and such
boo.s shall be audited b" the
Co!!ission on Audit which shall
publish annuall" an ite!i0ed list of
a!ounts paid to and e7penses
incurred for b" each ;e!ber.
Reco(!s an! oo9s of accounts
'he records and boo.s of accounts of the
Con/ress shall be preserved and be open to the
public in accordance with law.
'he records and boo.s of accounts of the
Con/ress shall be audited b" the Co!!ission on
Audit.
'he Co!!ission on Audit shall publish annuall" an
ite!i0ed list of a!ounts paid to and e7penses
incurred for b" each ;e!ber.
II. LE/ISLATIVE 0EARIN/S
DIN.$IRIES AND OVERSI/0T -$NCTIONSE
A. InMui(ies in Ai! of Le*islation
B. O"e(si*#t -unctions
'here are two provisions on le/islative hearin/5
Sections 1( and 11. Section 1( is about le/islative
investi/ations in aid of le/islation.
Section 23. Le*islati"e
In"esti*ation
Section 22. O"e(si*#t
-unction
W#o &a) appea(
An" person Depart!ent heads
W#o &a) e su&&one!
An"one e7cept the
President and SC
!e!bers 9Senate v.
Er!ita:
Do one. Each house !a"
onl" re<uest the
appearance of depart!ent
heads.
Su+ect Matte(
An" !attes for purpose of
le/islation
;atters related to the
depart!ent onl"
Oli*ato() fo(ce of appea(ance
;andator" Discretionar"
A. InMui(ies in Ai! of Le*islation
,ho has the power
0ature
7imitation o# +ower
9eason #or 7imitation
Scope o# Juestions
,ho may be summoned
+ower to +unish
9ights o# +ersons
Courts and Committee
+ower o# In%uiry . 12ecutie +riilege
0eri . Senate Committee
Section 23. 'he Senate or the #ouse
of ,epresentatives or an" of its
respective co!!ittees !a" conduct
in<uiries in aid of le/islation in
accordance with its dul" published
rules of procedure. 'he ri/hts of
persons appearin/ in or affected b"
such in<uiries shall be respected.
Powe( of InMui()
3. W#o #as t#e powe(
'he Senate or the #ouse of ,epresentatives or
an" of its respective co!!ittees !a" conduct
in<uiries in aid of le/islation.
2. Natu(e
'he power of in<uir" is an essential and
app(op(iate au@ilia() to the le/islative action.
9Arnault v. Da0areno: $t has been re!ar.ed that the
power of le/islative investi/ation !a" be i!plied
fro! the e7press power of le/islation and does not
itself have to be e7pressl" /ranted.
()1
G. Li&itations
36G
%
(. $t !ust be in aid of le/islation
()6
1. $t !ust be in accordance with its dul"
published rules of procedure
()8
2. 'he ri/hts of persons appearin/ in or
affected b" such in<uiries shall be respected.
6. Power of Con/ress to co!!it a
witness for conte!pt ter!inates when the
le/islative bod" ceases to e7ist upon its final
ad3ourn!ent.
()>
9Dote= (E2 are e7plicit li!itations while 6 is an
i!plicit li!itation.:
A. Reason fo( t#e li&itations
'he reason is in the past5 this power was !uch
abused b" so!e le/islators who used it for
ille/iti!ate ends to browbeat or inti!idate
witnesses usuall" for /randstandin/ purposes onl".
'here were also ti!es when the sub3ect of in<uir"
was purel" private in nature and therefore outside
the scope of the powers of Con/ress.
()+
B. Scope of Muestions
1$2
Cru), Philippine Political "aw, p. 1%% (1$$% ed*.
1$&
See Concurring ;pinion of 1ustice Corona in :eri v. !enate
Committee3 See also ,ernas Commentar-, p/&/ (2##& ed*.
1$4
'his reFuirement is an essential element for establishing
5urisdiction of the legislative bod-.
1$%
!ection 21 ma- be read as reFuiring that Congress must have
Bdul- published rules of procedureC for le%islative investi%ations.
iolation of these rules would be an offense against due process.
(,ernas Commentar- p. /4# (2##& ed*.
1$+
'his must be so inasmuch as the basis of the power to impose
such a penalt- is the right which the "egislature has to self7
preservation, and which right is enforceable during the e.istence of
the legislative bod-. (C1 Avancena in "ope) v De los =e-es*
1$/
68
SCHOOL OF LAW
ARIS S. MANGUERA
$t is not necessar" that ever" <uestion propounded
to a witness !ust be !aterial to a proposed
le/islation. 9Arnault v. Da0areno: 'his is because
the le/islative action is deter!ined b" the
infor!ation /athered as a whole. 9Arnault v.
Da0areno:
:. W#o &a) e su&&one! un!e( Section 23
Senate . 1rmita
()*
specified who !a" and who
!a" not be su!!oned to Section 1( hearin/s.
'hus5 under this rule5 even a Depart!ent #ead
who is an alter e/o of the President !a" be
su!!oned. 'hus5 too5 the Chair!an and
!e!bers of the Presidential Co!!ission on Good
Govern!ent 9PCGG: are not e7cept fro!
su!!ons in spite of the e7e!ption /iven to the!
b" President Cor" A<uino durin/ her e7ecutive
rule.
())
'he Court ruled that an)one' e@cept t#e
P(esi!ent an! 4ustices of t#e Sup(e&e Cou(t
&a) e su&&one!.
8. Powe( to punis#
Le*islati"e Conte&pt. 'he power of investi/ation
necessaril" includes the power to punish a
contu!acious witness for conte!pt. 9Arnault v.
Da0areno:
Acts punis#e! as le*islati"e conte&pt. 'he 4S
Supre!e Court in the case of Marshall . 6ordon
EGG
!entions=
(. Ph"sical obstruction of the le/islative bod" in
the dischar/e of its duties.
1. Ph"sical assault upon its !e!bers for action
ta.en or words spo.en in the bod"G
2. Jbstruction of its officers in the perfor!ance of
their official duties
6. Prevention of !e!bers fro! attendin/ so that
their duties !i/ht be perfor!ed
8. Contu&ac) in (efusin* to oe) o(!e(s to
p(o!uce !ocu&ents o( *i"e testi&on)
w#ic# was a (i*#t to co&pel.
1C(
Powe( to punis# fo( conte&pt an! local
le*islati"e o!ies. 'he power to punish !a" not
be clai!ed b" local le/islative bodies 9De/ros
Jriental Electric Cooperative v. San//unian/
Pan/lunsod:
Powe( to punis# is sui *ene(is. 'he e7ercise of
the le/islature of conte!pt power is a !atter of
preservation and independent of the 3udicial
branch. Such power is sui generis. 9Sabio v.
Gordon:
1$2
@.=. :o. 1+$///, April 2#, 2##+.
1$$
Sabio v. Gordon! @.=. :o. 1/4&12, ;ctober 1/, 2##+.
2##
24& ?! %21.
2#1
!inco, Philippine Political "aw, p 2#2 (1$%4ed*.
Q= hen !a" a witness in an investi/ation
be punished for conte!ptR
A= hen a contu!acious witness@ testi!on"
is re<uired in a !atter into which the
le/islature or an" of its co!!ittees has
3urisdiction to. 9$n short5 the investi/ation
!ust be in aid of le/islation.: 9Arnault v.
Da0areno:
Q= -or how lon/ !a" a private individual be
i!prisoned b" the le/islature for conte!ptR
A= -or &9= 4ntil final ad3ourn!ent of the
bod". -or Senate= Jffender could be
i!prisoned indefinitel" b" the bod" provided
that punish!ent did not beco!e so lon/ as
to violate due process. 9Arnault v. Da0areno:
7. Ri*#ts of pe(sons
PhilCo!Stat has no reasonable e7pectation of
privac" over !atters involvin/ their offices in a
corporation where the /overn!ent has interest.
9Sabio v. Gordon:
6. Cou(ts an! t#e Co&&ittee
A court cannot en3oin the appearance of a witness
in a le/islative investi/ation. 9Senate Blue ,ibbon
Co!!ittee v. &ud/e ;a3aducon:
Bernas= 'he /eneral rule of fairness5 9which is what
due process is about: could 3ustif" e7clusion of
persons fro! appearance before the Co!!ittee.
Q= Section ( of EJ 6>6 provides that Aall
heads of depart!ents of the E7ecutive
Branch shall secure the consent of the
President prior to appearin/ before #ouse
of Con/ress.B Does this contravene the
power of in<uir" vested in the Con/ressR
$s Section ( validR
A= Valid. 'he SC read Section ( of EJ
6>6 to !ean that depart!ent heads need
the consent of the president onl" in
Muestion #ou( conte!plated in Section
11 of Article V$. 9'he readin/ is dictated b"
the basic rule of construction that
issuances !ust be interpreted5as !uch as
possible5 in a wa" that will render it
constitutional.:
Section ( of EJ 6>6 cannot be applied to
appearances of depart!ent heads in
inMui(ies in ai! of le*islation. Con/ress
is not bound in such instances to respect
the refusal of the depart!ent head in such
in<uir"5 unless a "ali! clai& of p(i"ile*e
is subse<uentl" !ade5 either b" the
President or b" the E7ecutive Secretar".
9Senate v. Er!itaG EJ 6>6 case:
3J. Powe( of InMui() ". E@ecuti"e P(i"ile*e
Senate ". E(&ita% ACon/ress has undoubtedl" has
a ri/ht to infor!ation fro! the e7ecutive branch
6>
SCHOOL OF LAW
ARIS S. MANGUERA
whenever it is sou/ht in aid of le/islation. $f the
e7ecutive branch withholds such infor!ation on the
/round that it is privile/ed5 it &ust so asse(t it
an! state t#e (eason t#e(efo(e an! w#) it &ust
e (especte!.B 9&ustice Carpio ;orales in Senate
. 1rmita:
Ne(i ". Senate% ,as the claim o# e2ecutie
priilege properly inoked in this caseM Tes
accordin/ to the &ustice LeonardoEDe Castro@s
ponencia. -or the clai! to be properl" invo.ed5
there !ust be a for!al clai! b" the President
statin/ the Aprecise and certain reasonB for
preservin/ confidentialit". 'he /rounds relied upon
b" E7ecutive Secretar" Er!ita are specific enou/h5
since what is re<uired is onl" that an alle/ation be
!ade Awhether the infor!ation de!anded involves
!ilitar" or diplo!atic secrets5 closedEdoor Cabinet
!eetin/s5 etc.B 'he particular /round !ust onl" be
specified5 and the followin/ state!ent of /rounds
b" E7ecutive Secretar" Er!ita satisfies the
re<uire!ent= A'he conte7t in which e7ecutive
privile/e is bein/ invo.ed is that the infor!ation
sou/ht to be disclosed !i/ht i!pair our diplo!atic
as well as econo!ic relations with the People@s
,epublic of China.B
1C1
33. Ne(i ". Senate Co&&ittee
Bac9*(oun!%
'his case is about the Senate investi/ation of
ano!alies concernin/ the DBDEP'E pro3ect. Durin/
the hearin/s5 for!er DEDA head ,o!ulo Deri
refused to answer certain <uestions involvin/ his
conversations with President Arro"o on the /round
the" are covered b" e7ecutive privile/e. hen the
Senate cited hi! in conte!pt and ordered his arrest5
Deri filed a case a/ainst the Senate with the
Supre!e Court. 3n March E5, EGG), the Supreme
Court ruled in #aor o# 0eri and upheld the claim o#
e2ecutie priilege.
Issues%
9(: 777
91: Did the Senate Co!!ittees co!!it /rave
abuse of discretion in citin/ Deri in conte!pt and
orderin/ his arrestR
Rulin*%
9(: 777
91: Tes. 'he Supre!e Court said that the Senate
Co!!ittees co!!itted /rave abuse of discretion
in citin/ Deri in conte!pt. 'he followin/ were the
reasons /iven b" the Supre!e Court=
a. 'here was a
le/iti!ate clai! of e7ecutive privile/e.
b. Senate
Co!!ittees did not co!pl" with the
re<uire!ent laid down in Senate . 1rmita
that the invitations should contain the
Apossible needed statute which pro!pted the
need for the in<uir"B alon/ with Ausual
indication of the sub3ect of in<uir" and the
Muestions relative to and in furtherance
thereof.B
c. A readin/ of the
transcript of the Co!!ittees@ proceedin/
2#2
Primer on :eri v. !enate made b- Att-. Carlos 4edina.
reveals that onl" a !inorit" of the !e!ber of
the Senate Blue ,ibbon Co!!ittee was
present durin/ the deliberations 'hus5 there
is a cloud of doubt as to the validit" of the
conte!pt order
d. T#e Senate
Rules of P(oce!u(e in ai! of le*islation
we(e not !ul) pulis#e! in acco(!ance to
Section 23 of A(ticle VI.
e. 'he conte!pt
order is arbitrar" and precipitate because the
Senate did not first rule on the clai! of
e7ecutive privile/e and instead dis!issed
Deri@s e7planation as unsatisfactor". 'his is
despite the fact that Deri is not an unwillin/
witness.
#ence5 the Senate order citin/ Deri in conte!pt and
orderin/ his arrest was not valid.
B. O"e(si*#t -unction
+urpose o# Section EE
3ersight -unction
Appearance o# &eads o# :epartment
,hy +ermission o# +resident 0eeded
12emption #rom Summons
Appearance at the 9e%uest o# Congress
,ritten Juestions
Scope o# Interpellations
12ecutie Session
Congress may re#use the initiatie
Section 22. 'he #eads of
Depart!ents !a" upon their own
initiative5 with the consent of the
President5 or upon the re<uest of
either #ouse as the rules of each
#ouse shall provide5 appear before
and be heard b" such #ouse on an"
!atter pertainin/ to their
depart!ents. ritten <uestions shall
be sub!itted to the President of
Senate or the Spea.er of the #ouse
of ,epresentatives at least three da"s
before their scheduled appearance.
$nterpellations shall not be li!ited to
written <uestions5 but !a" cover
!atters related thereto. hen the
securit" of the State or the public
interest so re<uires and the President
so states in writin/5 the appearance
shall be conducted in e7ecutive
session.
3. Pu(pose of Section 22
'he provision for!ali0es the Aoversi/ht functionB of
Con/ress. Section 11 establishes the rule for the
e7ercise of what is called the Aoversi/ht functionB of
Con/ress. Such function is intended to enable
Con/ress to deter!ine how laws it has passed are
bein/ i!ple!ented.
2. O"e(si*#t function
6+
SCHOOL OF LAW
ARIS S. MANGUERA
ABroadl" defined5 con/ressional oversi/ht
e!braces all activities underta.en b" Con/ress to
enhance its understandin/ of and influence over
the i!ple!entation of le/islation it has enacted.B
1C2
'he acts done b" Con/ress in the e7ercise of its
oversi/ht powers !a" be divided into three
cate/ories5 to wit= scrutin"5 investi/ation5 and
supervision.
1C6
G. Appea(ance of 0ea!s of Depa(t&ents )
t#ei( own initiati"e
'he #eads of Depart!ents !a" upon their own
initiative5 wit# t#e consent of t#e P(esi!ent
appear before and be heard b" either #ouse on
an" !atter pertainin/ to their depart!ents.
A. W#) pe(&ission of t#e P(esi!ent nee!e!
$n deference to separation of powers5 and because
Depart!ent #eads are alter e/os of the President5
the" !a" not appear without the per!ission of the
President.
1C8

B. E@e&ption f(o& su&&ons applies onl) to
Depa(t&ent 0ea!s
$t should be noted5 that the e7e!ption fro!
su!!ons applies onl" to Depart!ent #eads and
not to ever"one who has Cabinet ran..
.% Does Section 22 p(o"i!e fo( a
;Muestion #ou(?,
A%
8ernas +rimer: Do. the A<uestion hourB is
proper to parlia!entar" s"ste! where there
is no separation between the le/islative and
e7ecutive depart!ent. Section 115 unli.e in
the A<uestion hourB under the ()+2
Constitution5 has !ade the appearance of
depart!ent heads voluntar".
But waitN 'he SC in Senate . 1rmita5
adoptin/ the characteri0ation of
constitutional co!!issioner #ilario Davide5
calls Section 11 as the p(o"ision on
;.uestion 0ou(?%"NSection EEO pertains to
the power to conduct a %uestion hour, the
ob?ectie o# which is to obtain in#ormation in
pursuit o# Congress oersight #unction.$
Reconcile% Althou/h the Court decision calls
this e7ercise a A<uestion hour5B it does so
2#&
4acalintal v. Commission on 9lections, 405 SCRA 614
(2003), at 705.
2#4
4acalintal v. Commission on 9lections, 4#% !C=A +14 (2##&*,
at &.
2#%
'his was e.plicitl- mentioned in the deliberations of the 1$&%
Constitutional Convention where some Delegates had doubts about
the propriet- or constitutionalit- of Department Deads appearing in
Congress. !uch deference is not found, b- the CourtIs interpretation,
in !ection 21.
onl" b" analo/" with its counterpart in
parlia!entar" practice.
:. Appea(ance at t#e (eMuest of Con*(ess
'he #eads of Depart!ents !a" upon their own
initiative5 with the consent of the President5 or
upon t#e (eMuest of eit#e( 0ouse as the rules of
each #ouse shall provide5 appear before and be
heard b" such #ouse on an" !atter pertainin/ to
their depart!ents.
8. W(itten .uestions
ritten <uestions shall be sub!itted to the Senate
President or the #ouse Spea.er at least 2 da"s
before their scheduled appearance.
7. Scope of Inte(pellations
$nterpellations shall not be li!ited to written
<uestions5 but !a" cover !atters related thereto.
6. E@ecuti"e Session
'he appearance shall be conducted in e@ecuti"e
session when=
9(: 'he public interest so re<uires
91: 'he President so states in writin/.
3J. Con*(ess &a) (efuse t#e initiati"e
Because of separation of powers5 depart!ent
secretaries !a" not i!pose their appearance upon
either #ouse.
1C>
#ence5 the Con/ress !a" refuse
the initiative ta.en b" the depart!ent secretar".
1C+
I. E&e(*enc) Powe(s
A. Decla(ation of t#e e@istence of a state of
wa(
B. Dele*ation of e&e(*enc) powe(
A. Wa( powe(
(. Power to declare e7istence of a state
of war
1. ,ewordin/ of the provision
Section 2G. 9(: 'he Con/ress5 b" a
vote of twoEthirds of both #ouses in
3oint session asse!bled5 votin/
separatel"5 shall have the sole power
to declare the e7istence of a state of
war.
3. Powe( to !ecla(e e@istence of a state of
wa(
2J7
'he Con/ress5 b" a vote of 1%2 of ot# #ouses in
+oint session asse!bled5 "otin* sepa(atel)5 shall
2#+
,ernas Primer at 2+& (2##+ ed.*
2#/
2#2
>ar is defined as Barmed hostilities between the two states. (00
=9C;=D 1+$*
6*
SCHOOL OF LAW
ARIS S. MANGUERA
have the sole power to declare the e7istence of a
state of war.
2. Rewo(!in* of t#e p(o"ision
-ro! ()28 Constitution@s power to declare war
1C)
to
power to declare the e7istence of a state of war
under ()*+.
8ernas: 'he difference between the two
phraseolo/ies is not substantial but !erel" in
e!phasis. 'he two phrase were interchan/eable5
but the second phrase e!phasi0es !ore the fact
that the Philippines5 accordin/ to Article $$5 Section
15 renounces a//ressive war as an instru!ent of
national polic".
1(C

Q= ;a" a countr" en/a/e in war in the
absence of declaration of warR
A= Tes. 'he actual power to make war is
lod/ed in the E7ecutive. 'he e7ecutive when
necessar" !a" !a.e war even in the
absence of a declaration of war.
1((
B. Dele*ation of e&e(*enc) powe(s
(. ,e<uisites for Dele/ation
1. Duration of dele/ation
2. Powers that !a" be dele/ated
6. ithdrawal of powers
Section 2G
91: $n ti!es of war or other national
e!er/enc"5 the Con/ress !a" b" law
authori0e the President5 for a li!ited
period and sub3ect to such restrictions
as it !a" prescribe5 to e7ercise
powers necessar" and proper to carr"
out a declared national polic". 4nless
sooner withdrawn b" resolution of the
Con/ress5 such power shall cease
upon the ne7t ad3ourn!ent thereof.
3. ReMuisites fo( t#e !ele*ation% 9())+ Bar Q:
9(: 'here !ust be a war
1(1
or other national
e!er/enc"
91: Law authori0in/ the president for a li!ited
period and sub3ect to such restrictions as
Con/ress !a" prescribe
92: Power to be e7ercised !ust be necessar" and
proper to carr" out a declared national polic".
2. Du(ation of t#e !ele*ation=
9(: 4ntil withdrawn b" resolution of Con/ress
91: 4ntil the ne7t ad3ourn!ent of Con/ress
G. Powe(s t#at &a) e !ele*ate!
2#$
>ording of the 1$&% Constitution.
21#
,ernas Commentar-, p /4% (2##& ed*.
211
,ernas Primer at 2+4 (2##+ ed.*
212
>ar is defined as Barmed hostilities between the two states. (00
=9C;=D 1+$*
Con/ress !a" authori0e the President5 to e7ercise
powers necessar" and proper to carr" out a
declared national polic" Dote that the nature of
dele/able power is not specified. It is submitted
that the President !a" be /iven e!er/enc"
le*islati"e powe(s if Con/ress so desires.
1(2
A. Wit#!(awal of powe(s
Con/ress !a" do it b" a !ere resolution.
1(6
And
such resolution does not need presidential
approval.
1(8
II. BILLS1 LE/ISLATIVE PROCESS
Ori#ination Clause
One %ill=one su%5ect rule
Passa#e of a %ill
Presi!ential Approval- Veto or InactionD .e#islative
Reconsi!eration
Item Veto
Doctrine of inappropriate provisions
E$ecutive Impoun!ment
.e#islative Veto
A. O(i*ination Clause
12clusie 3rigination Clause
8ills that must e2clusiely originate #rom &9
3rigination #rom the &ouse, Meaning
9eason #or e2clusie origination
Senate may propose amendments
Scope o# Senates power to introduce amendments
Section 2A. All appropriation5
revenue or tariff bills5 bills authori0in/
increase of the public debt5 bills of
local application and private bills shall
ori/inate e7clusivel" in the #ouse of
,epresentatives5 but the Senate !a"
propose or concur with a!end!ents.
3. O(i*in of &one) ills' p(i"ate ills an! ills of
local application
All appropriation
1(>
5 revenue
1(+
or tariff bills
1(*
5 bills
authori0in/ increase of the public debt
1()
5 bills of
21&
,ernas Primer at 2+% (2##+ ed.*
214
See concurring opinion of 1ustice Padilla in =odrigue) v. @ella,
4$ ;ff. @a). 4+%, 4/2.
21%
,ernas Primer at 2+% (2##+ ed.*
21+
An appropriation bill is one whose purpose is to set aside a sum of
mone- for public use. ;nl- appropriation bills in the strict sense of
the word are comprehended b- the provision3 bills for other purposes
which incidentall- set aside mone- for that purpose are not included.
21/
A revenue bull is one that levies ta.es and raises funds for the
government. Cru), Philippine Political "aw, p. 144 (1$$% ed*.
212
A tariff bill specifies the rates of duties to be imposed on imported
articles. Cru), Philippine Political "aw, p. 144 (1$$% ed*.
21$
A bill increasing public debt is illustrated b- one floating bonds
for public subscription redeemable after a certain period. Cru),
Philippine Political "aw, p. 144 (1$$% ed*.
6)
SCHOOL OF LAW
ARIS S. MANGUERA
local application
11C
and private bills
11(
shall ori/inate
e7clusivel" in the #ouse of ,epresentatives5 but
the Senate !a" propose or concur with
a!end!ents.
2. Bills t#at &ust e@clusi"el) o(i*inate f(o& t#e
0R%
9(: Appropriation bills
91: ,evenue bills
92: 'ariff bills
96: Bills authori0in/ increase of the public debt
98: Bills of local application
9>: Private bills
G. O(i*ination f(o& t#e 0ouse
'he e7clusivit" of the prero/ative of the #ouse of
,epresentatives !eans si!pl" that the #ouse
alone can initiate the passa/e of revenue bill5 such
that5 if the #ouse does not initiate one5 no revenue
law will be passed. 9'olentino v. Secretar" of
-inance:
A. Reason fo( e@clusi"e o(i*ination
'he district representatives are closer to the pulse
of the people than senators are and are therefore
in a better position to deter!ine both the e7tent of
the le/al burden the" are capable of bearin/ and
the benefits that the" need.
111
$t is !ore nu!erous
in !e!bership and therefore also !ore
representative of the people.
112
B. Senate &a) p(opose a&en!&ents
'he addition of the word Ae7clusivel"B in the
Constitution is not intended to li!it the power of the
Senate to propose a!end!ents to revenue bills.
9'olentino v. Sec. of -inance:
:. Scope of t#e SenateLs powe( to int(o!uce
a&en!&ents
Jnce the #ouse has approved a revenue bill and
passed it on to the Senate5 the Senate can
co!pletel" overhaul it5 b" a!end!ent of parts or
b" a&en!&ent ) sustitution5 and co&e out
wit# one co&pletel) !iffe(ent f(o& w#at t#e
0ouse app(o"e!. 'e7tuall"5 it is the AbillB which
!ust e7clusivel" ori/inate fro! the #ouseG but the
AlawB itself which is the product of the total
bica!eral le/islative process ori/inates not 3ust
fro! the #ouse but fro! both Senate and #ouse.
9'olentino v. Secretar" of -inance:
22#
,ills of local application are those which is limited to specific
localities, such for instance as the creation of a town. ,ernas
Commentar-, p /42 (2##& ed*.
221
Private bills are those which affect private persons, such for
instance as a bill granting citi)enship to a specific foreigner. ,ernas
Commentar-, p /42 (2##& ed*. Private bills are illustrated b- a bill
granting honorar- citi)enship to a distinguished foreigner. Cru),
Philippine Political "aw, p. 1%% (1$$% ed*.
222
. ,ernas Commentar-, p /42 (2##& ed*.
22&
Cru), Philippine Political "aw, p. 14% (1$$% ed*.
(:iscussion o# Section E5 can be #ound a#ter Section
E((4//
B. One illHone su+ect (ule
Mandatory 0ature o# the 9ule
+urpose o# the 9ule
7iberal Interpretation o# the 9ule
6ermane
0ot 6ermane
Section 2:. 9(: Ever" bill passed b"
the Con/ress shall e!brace onl" one
sub3ect shall be e7pressed in the title
thereof.
3. Man!ato() natu(e of t#e (ule
Ever" bill passed b" the Con/ress shall e!brace
onl" one sub3ect. 'he sub3ect shall be e7pressed in
the title of the bill. 'his rule is &an!ato().
'he re<uire!ent is satisfied when=
9(: All parts of the law relate to the
sub3ect e7pressed in the title
91: $t is not necessar" that the title be a
co!plete inde7 of the content 9P#$LCJDSA v.
Gi!ene0:
2. Pu(pose of t#e Rule%
9(: 'o prevent hod/eEpod/e or lo/Erollin/
le/islation
91: 'o prevent surprise or fraud upon the le/islature
92: 'o fairl" appraise the people. 9Central Capi0 v.
,a!ire0:
G. Lie(al inte(p(etation of t#e (ule
'he rule should be /iven a practical rather than a
strict construction. $t should be sufficient
co!pliance with such re<uire!ent if the title
e7presses the /eneral sub3ect and all the
provisions of the statute are /er!ane to that
/eneral sub3ect. 9Su!ulon/ v. CJ;ELEC:
A. /e(&ane
A partial e7e!ption fro! the increase of ta7 i!posed is
not a deviation fro! the /eneral sub3ect of the law.
9$nsular Lu!ber Co. v. C'A:
A ta7 !a" be /er!ane and reasonabl" necessar" for the
acco!plish!ent of the /eneral ob3ect of the decree for
re/ulation. 9'io v. V,B:
A repealin/ clause does not have to be e7pressl"
included in the title of the law. 9Phil. &ud/es Assoc. v.
Prado:
'he creation of a new le/islative district is /er!ane to
Athe conversion of a !unicipalit" to an urbani0ed cit".B
9'obias v. Abalos:
8C
SCHOOL OF LAW
ARIS S. MANGUERA
'he reor/ani0ation of the re!ainin/ ad!inistrative
re/ions is /er!ane to the /eneral sub3ect of Aestablishin/
the A,;;B. 9Chion/ba"an v. Jrbos:
'he e@pansion in the 3urisdiction of the Sandi/anba"an
does not have to be e7pressl" stated in the title of the law
9An Act -urther Definin* the &urisdiction of the
Sandi/anba"an: because such is the necessar"
conse<uence of the a!end!ent. 9Lacson v. E7ecutive
Secretar":
A provision that states that Ano election officer shall hold
office for !ore than four "earsB is relevant to the title AAn
Act Providin/ for a General ,e/istration of voters5
Adoptin/ a S"ste! of Continuin/ ,e/istration5
Prescribin/ Procedures 'hereof and Authori0in/ the
Appropriation of -unds 'hereforB as it see.s to ensure the
inte/rit" of the re/istration process b" providin/
/uidelines for the CJ;ELEC to follow in the
reassi/n!ent of election officers. 9De Gu0!an v.
CJ;ELEC:
'he aolition of 1 !unicipalities is but a lo/ical
conse<uence of its &e(*e( to c(eate a cit".
B. Not /e(&ane
P(o#iition of places of a!use!ent should be included
in the title of the law which onl" provides for the
(e*ulation of places of a!use!ent. 9De la Cru0 v. Paras:
C. Passa*e of a ill
9ules
+rocedure
9eason #or three readings
Section 2:
91: Do bill passed b" either #ouse
shall beco!e a law unless it has
passed three readin/s on separate
da"s5 and printed copies whereof in
its final for! have been distributed to
its ;e!bers three da"s before its
passa/e5 e7cept when the President
certifies to the necessit" of its
i!!ediate enact!ent to !eet a
public cala!it" or e!er/enc". 4pon
the last readin/ of a bill5 no
a!end!ent thereto shall be allowed5
and the vote thereon shall be ta.en
i!!ediatel" thereafter5 and the "eas
and the na"s entered in the &ournal.
3. Rules
9(: Do bill passed b" either #ouse shall beco!e a
law unless it has passed three readin/s on
separate da"s.
91: Printed copies of the bill in its final for! should
be distributed to the ;e!bers 2 da"s before
its passa/e 9e7cept when the President
certifies to the necessit" of its i!!ediate
enact!ent to !eet a public cala!it" or
e!er/enc":.
92: 4pon the last readin/ of a bill5 no a!end!ent
thereto shall be allowed.
96: 'he vote on the bill shall be ta.en i!!ediatel"
after the last readin/ of a bill.
98: 'he "eas and the na"s shall be entered in the
&ournal.
E@ception. 'he certification of the President
dispenses with the readin/ on separate da"s and
the printin/ of the bill in the final for! before its
final approval. 9'olentino v. Secretar" of -incance:
Ope(ati"e. All decrees which are not inconsistent
with the Constitution re!ain operative until the" are
a!ended or repealed. 9Guin/ona v. Cara/ue:
2. P(oce!u(e%
22A
(. A bill is int(o!uce! b" an"
!e!ber of the #ouse of ,epresentatives or
Senate e7cept for so!e !easures that !ust
ori/inate onl" in the for!er cha!ber.
1. 'he fi(st (ea!in* involves
onl" a readin/ of the nu!ber and title of the
!easure and its (efe((al b" the Senate
President or the Spea.er to the proper
co!!ittee for stud".
2. 'he bill !a" be 9ille! in
the co!!ittee or it !a" be (eco&&en!e! fo(
app(o"al5 with or without a!end!ents5
so!eti!es after public hearin/s are first held
thereon. 9$f there are other bills of the sa!e
nature or purpose5 the" !a" all be
consolidated into one bill under co!!on
authorship or as a co!!ittee bill.:
6. Jnce reported out5 the bill
shall be calendared for secon! (ea!in*. $t is
at this sta/e that the bill is read in its entiret"5
scrutini0ed5 debated upon and a!ended when
desired. 'he second readin/ is the !ost
i!portant sta/e in the passa/e of the bill.
8. 'he bill as approved in
second readin/ is printed in its final for! and
copies thereof are distributed at least three
da"s before the third readin/. Jn t#i(!
(ea!in*5 the !e!bers !erel" re/ister their
votes and e7plain the! if the" are allowed b"
the rules. Do further debate is allowed.
>. Jnce the bill passes third
readin/5 it is sent to t#e ot#e( c#a&e(5
where it will also under/o the three readin/s.
+. $f also approved b" the
second #ouse5 it will then be su&itte! to t#e
P(esi!ent for his consideration.
*. 'he ill is en(olle! when
printed as finall" approved b" the Con/ress5
thereafter authenticated with the si/natures of
the Senate President5 the Spea.er5 and the
Secretaries of their respective cha!bers5 and
approved b" the President.
G. Reason fo( t#(ee (ea!in*s
224
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ARIS S. MANGUERA
'o address the tendenc" of le/islators5 9on the last
da" of the le/islative "ear when le/islators were
ea/er to /o ho!e:5 to rush bills throu/h and insert
!atters which would not otherwise stand scrutin" in
leisurel" debate.
118
.% $f the version approved b" the Senate
is different fro! that approved b" the
#ouse of ,epresentatives5 how are the
differences reconciledR
A% $n a bica!eral s"ste! bills are
independentl" processed b" both #ouses
of Con/ress. $t is not unusual that the final
version approved b" one #ouse differs
fro! what has been approved b" the
other. 'he Aconference co!!ittee5B
consistin/ of !e!bers no!inated fro!
both #ouses5 is an e7traEconstitutional
creation of Con/ress whose function is to
propose to Con/ress wa"s of reconcilin/
conflictin/ provisions found in the Senate
version and in the #ouse version of a bill.
D. P(esi!ential App(o"al' Veto o( InactionK
Le*islati"e Reconsi!e(ation
!hree Methods
+residential Approal
+residential <eto
7egislatie Approal o# the bill
+residential Inaction
Section 28. 9(:Ever" bill passed b"
the Con/ress shall5 before it beco!es
a law5 be presented to the President.
$f he approves the sa!e5 he shall
si/n itG otherwise5 he shall veto it and
return the sa!e with his ob3ections to
the #ouse where it ori/inated5 which
shall enter the ob3ections at lar/e in
its &ournal5 and proceed to consider
it. $f5 after such reconsideration5 twoE
thirds of all the ;e!bers of such
#ouse shall a/ree to pass the bill5 it
shall be sent5 to/ether with the
ob3ections to the other #ouse b"
which it shall li.ewise be
reconsidered5 and if approved b" twoE
thirds of all the ;e!bers of that
#ouse5 it shall beco!e a law. $n all
such cases5 the votes of each #ouse
shall be deter!ined b" "eas or na"s5
and the na!es of the ;e!bers votin/
for or a/ainst shall be entered in its
&ournal. 'he President shall
co!!unicate his veto of an" bill to
the #ouse where it ori/inated within
thirt" da"s after the date of receipt
22%
See ,ernas Commentar-, p /+# (2##& ed*.
thereofG otherwise5 it shall beco!e a
law as if he had si/ned it.
3. T#(ee &et#o!s ) w#ic# a ill &a) eco&e a
law% 9()** Bar Question:
(. hen the President si/ns
itG
1. hen the President
vetoes it but the veto is overridden b" twoE
thirds vote of all the !e!bers of each #ouseG
2. hen the President does
not act upon the !easure within 2C da"s after
it shall have been presented to hi!.
2. P(esi!ential app(o"al
9(: Passed bill is presented to the President
91: President si/ns the bill if he approves the sa!e
92: 'he bill beco!es a law.
G. P(esi!ential "eto
91: President vetoes the bill if he does not approve
of it.
92: #e returns the passed bill with his ob3ections to
the #ouse where it ori/inated. 9Veto ;esas/e:
/ene(al (ule= $f the president
disapproves the bill approved b"
Con/ress5 he should veto the entire
bill. #e is not allowed to veto
separate ite!s of a bill.
E@ceptions=
9(: President !a" veto an ite! in
cases of appropriation5
revenue and tariff bills.
91: President !a" veto
inappropriate provisions or
riders.
A. Le*islati"e (econsi!e(ation of t#e ill 9())2
Bar Question:
9(: 'he #ouse where the bill ori/inated enters the
ob3ections of the President at lar/e in its &ournal.
91: Said #ouse reconsiders the bill.
92: 1%2 of all the ;e!bers of such #ouse a/ree to
pass the bill.
96: 'he bill to/ether with the ob3ections is sent to
the other #ouse b" which it is also reconsidered.
98: 'he other #ouse approves the bill b" 1%2 of all
the !e!bers of that #ouse.
9>: 'he bill beco!es a law.
$n all such cases5 the votes of each #ouse shall be
deter!ined b" "eas or na"s.
'he na!es of the ;e!bers votin/ for or a/ainst
shall be entered in its &ournal.
.% hen does the Constitution re<uire that
the "eas and na"s of the ;e!bers be ta.en
ever" ti!e a #ouse has to voteR
A%
(. 4pon the last and third readin/s of a bill
9art. > sec1>91::
81
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ARIS S. MANGUERA
1. At the re<uest of (%8 of the !e!bers
present 9art > sec (>96::
2. $n repassin/ a bill over the veto of the
President 9art > sec 1+9(::
B. P(esi!ential Inaction
91: President does not approve nor co!!unicate
his veto to the #ouse where the bill ori/inated
within 2C da"s.
92: 'he bill beco!es a law.
82
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ARIS S. MANGUERA
E. Ite& "eto
Section 28
91: 'he President shall have the
power to veto an" particular ite! or
ite!s in an appropriation5 revenue5 or
tariff bill5 but the veto shall not affect
the ite! or ite!s to which he does
not ob3ect.
A/ain5 the /ene(al (ule is= $f the president
disapproves the bill approved b" Con/ress5 he
should veto the entire bill. #e is not allowed to veto
separate ite!s of a bill.
E@ceptions=
9(: President !a" veto an ite& in cases of
appropriation5 revenue and tariff bills.
91: President !a" veto inapp(op(iate
p(o"isions or riders.
Ite&. An ite! is an indivisible Hsu!I of !one"
dedicated to a stated purpose.
11>
9$te! W Purpose5
A!ount:
$n a ta7 !easure5 an ite! refers to the sub3ect of
the ta7 and the ta7 rate. $t does not refer to the
entire section i!posin/ a particular .ind of ta7.
9C$, v. C'A:
'he president !a" not veto the &et#o! or &anne(
of usin/ an appropriated a!ount. 9Ben/0on v.
Drillon:
-. Doct(ine of inapp(op(iate p(o"isions
:octrine
9eason #or the :octrine
Inappropriate +roisions
Appropriate +roisions
3. Doct(ine
A provision that is constitutionall" inappropriate for
an appropriation bill !a" be sin/led out for veto
even if it is not an appropriation or revenue Aite!B.
9Gon0ales v. ;acarai/:
2. Reason fo( t#e Doct(ine
'he intent behind the doctrine is to prevent the
le/islature fro! forcin/ the /overn!ent to veto an
entire appropriation law thereb" paral"0in/
/overn!ent.
G. Inapp(op(iate P(o"isions
Repeal of laws. ,epeal of laws should not be
done in appropriation act but in a separate law
9P#$LCJDSA v. Enri<ue0: 9use this doctrine
care#ully/
'he re<uire!ent of con/ressional approval for the
release of funds for the !oderni0ation of the A-P
!ust be incorporated in a separate bill. Bein/ an
22+
,ernas Primer, p. 2/+ (2##+ ed.*
inappropriate provision5 it was properl" vetoed.
9P#$LCJDSA v. Enri<ue0:
'he proviso on Apower of au/!entation fro!
savin/sB can b" no !eans be considered a specific
appropriation of !one". 9Gon0ales v. ;acarai/:
A. App(op(iate P(o"isions
'he special provision providin/ that Athe !a7i!u!
a!ount of the appropriation for the DP# to be
contracted for the !aintenance of national roads
and brid/es should not e7ceed 2CUB is /er!ane to
the appropriation for road !aintenance. $t specifies
how the ite! shall be spent. $t cannot be vetoed
separatel" fro! the ite!. 9P#$LCJDSA v.
Enri<ue0:
'he special provision that all purchases of
!edicines b" the A-P should co!pl" with Generics
Act is a !ere advertence to an e7istin/ law. $t is
directl" related to the appropriation and cannot be
vetoed separatel" fro! the ite!. 9P#$LCJDSA v.
Enri<ue0:
/. E@ecuti"e I&poun!&ent=
,efusal of the President to spend funds alread"
allocated b" Con/ress for a specific purpose. 9See
P#$LCJDSA v. Enri<ue0:
0. Le*islati"e "eto
A Con/ressional veto is a !eans whereb" the
le/islature can bloc. or !odif" ad!inistrative
action ta.en under a statute. $t is a for! of
le/islative control in the i!ple!entation of
particular e7ecutive actions.
III. -ISCAL POWERS1 POWER O- T0E P$RSE
,a$ation
A& Nature
)& .imitations
C& Dele#ation of poer to ta$
D& E$empte! from ta$ation
Spen!in# Poer
A& Spen!in# Poer
)& Appropriation
C& Non=esta%lishment provision
D& Special +un!
E& Appropriation
Powe( of t#e Pu(se. Con/ress is the /uardian of
the public treasur". $t wields the tre!endous power
of the purse. 'he power of the purse co!prehends
both the power to /enerate !one" for the
/overn!ent b" ta7ation and the power to spend
it.
11+
22/
,ernas Commentar-, p /2% (2##& ed*.
86
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ARIS S. MANGUERA
,A/A,ION
Section 27. 9(: 'he rule of ta7ation
shall be unifor! and e<uitable. 'he
Con/ress shall evolve a pro/ressive
s"ste! of ta7ation.
A. Natu(e
:e#inition
Scope
+urposes
!a2
+ublic +urpose
3. Definition
'a7ation refers to the inherent power of the state to
de!and enforced contributions for public purposes.
2. Scope
'a7ation is so pervasive that it reaches even the
citi0en abroad and his inco!e earned fro! source
outside the State.
/ene(al Li&it= -or a public purposeG Due process
and e<ual protection clauses 9Sison v. Ancheta:
Specific Li&it= 4nifor! and e<uitable 9Section 1*:
9See 1)91::
E@e(cise of t#e powe(= Pri!aril" vested in the
national le/islature.
G. Pu(poses=
9(: 'o raise revenue
91: $nstru!ent of national econo!ic and social
polic"
92: 'ool for re/ulation
96: 'he power to .eep alive
11*
A. Ta@
'a7es are enforced proportional contributions fro!
persons and propert" levied b" the law !a.in/
bod" of the state b" virtue of its soverei/nt" for the
support of the /overn!ent and all public needs.
&ustice #ol!es said= A'a7es are what we pa" for
civili0ed societ".B
B. Pulic Pu(pose
$t is funda!ental in de!ocratic /overn!ents that
ta7es !a" be levied for public purpose onl".
ithout this ele!ent5 a ta7 violates the due
process clause and is invalid.
11)
$n +lanters
+roducts, Inc. (++I/ . -ertiphil Corp.
12C
the Court
had occasion to review the validit" of LJ$ (6>85 a
!artial rule product5 which i!posed a ten peso
capital contribution for the sale of each ba/ of
fertili0er Auntil ade<uate capital is raised to !a.e
PP$ viable.B PP$ was private corporation. Clearl"5
222
,ernas Primer at 2/2 (2##+ ed.*
22$
!inco, Philippine Political "aw, p %/$ (1$%4ed*.
2&#
@.=. :o. 1++##+, 4arch 14, 2##2.
therefore5 the i!position was for private benefit and
not for a public purpose.
B. Li&itations on Powe( of Ta@ation
(. ,ule of ta7ation shall be unifo(& and eMuitale.
Con/ress shall evolve a p(o*(essi"e s"ste!
of ta7ation.
1. Charitable institutions5 etc. and all lands5 buildin/
and i!prove!ents actuall"5 directl" and
e7clusivel" used for reli/ious5 charitable or
educational purposes shall be e7e!pt fro!
ta7ation. 9art. > Q1*92::
2. All revenues and assets of nonEstoc.5 nonEprofit
educational institutions used actuall"5 directl"
and e7clusivel" for educational purposes shall
be e7e!pt fro! ta7es and duties. 9art. (6
Q692::
6. Law /rantin/ ta7 e7e!ption shall be passed onl"
with the concurrence of the !a3orit" of all the
!e!bers of Con/ress. 9art. > Q1)96:
$NI-ORM
$nifo(&it). 4nifor!it" si/nifies /eo/raphical
unifor!it". A ta7 is unifor! when it operates with
the sa!e force and effect in ever" place where the
sub3ect is found.
$nifo(&it) in ta@ation ". EMualit) in ta@ation.
4nifor!it" in ta7ation !eans that persons or thin/s
belon/in/ to the sa!e class shall be ta7ed at the
sa!e rate. $t is distin/uished fro! e<ualit" in
ta7ation in that the latter re<uires the ta7 i!posed
to be deter!ined on the basis of the value of the
propert".
12(
'an v. del ,osario=
4nifor!it" !eans=
9(: the standards that are used therefor
are substantial and not arbitrar"G
91: the cate/ori0ation is /er!ane to
achieve the le/islative purposeG
92: the law applies5 all thin/s bein/
e<ual5 to both present and future conditionsG
and
96: the classification applies e<uall" well
to all those belon/in/ to the sa!e class.
'here is a difference between the ho!eless people
and the !iddle class. 'he two social classes are
differentl" situated in life. 9'olentino v. Sec. of
-inance:
E.$ITABLE
'he present constitution adds that the rule of
ta7ation shall also be e<uitable5 which !eans that
2&1
Cru), Philippine Political "aw, p. 1+2 (1$$% ed*.
88
SCHOOL OF LAW
ARIS S. MANGUERA
the ta7 burden !ust be i!posed accordin/ to the
ta7pa"er@s capacit" to pa".
121
P(o*(essi"e s)ste& of ta@ation. 'he Con/ress
shall evolve a pro/ressive s"ste! of ta7ation. 'a7
s"ste! is pro/ressive when the rate increases as
the ta7 base increases.
122
Reason fo( p(o*(essi"e s)ste&. 'he e7plicit
!ention of pro/ressive ta7ation in the Constitution
reflects the wish of the Co!!ission that the
le/islature should use the power of ta7ation as an
instru!ent for a !ore e<uitable distribution of
wealth.
Di(ecti"e not a +u!iciall) enfo(ceale (i*#t. 'he
directive to evolve a pro/ressive s"ste! of ta7ation
is addressed to Con/ress and not a 3udiciall"
enforceable ri/ht. 9'olentino v. Sec. of -inance:
In!i(ect ta@es. 'he Constitution does not prohibit
the i!position of indirect ta7es5 which are
re/ressive. 'he provision si!pl" !eans that direct
ta7es are to be preferred and indirect ta7es should
be !ini!i0ed as !uch as possible. $t does not
re<uire Con/ress to avoid entirel" indirect ta7es.
Jtherwise5 sales ta7es5 which are the oldest for!
of indirect ta7es5 will be prohibited. 'he !andate to
Con/ress is not to prescribe but to evolve a
pro/ressive s"ste! of ta7ation. 9'olentino v. Sec. of
-inance:
C. Dele*ation of powe( to ta@
Conditions
!ari##s and Customs Code
7imitation imposed regarding the -le2ible !ari## Clause
Section 1*
91: 'he Con/ress !a" b" law5
authori0e the President to fi7 within
specified li!its5 and sub3ect to such
li!itations and restrictions at it !a"
i!pose5 tariff rates5 i!port and e7port
<uotas5 tonna/e and wharfa/e dues5
and other duties or i!posts within the
fra!ewor. of the national
develop!ent pro/ra! of the
Govern!ent.
3. Con!itions in t#e !ele*ation of t#e powe( to
ta@%
9(: Dele/ation !ust be !ade b" law
91: 'he power /ranted is to fi7 tariff rates5 i!port
and e7port <uotas5 tonna/e and wharfa/e dues5
and other duties and i!post.
2&2
2&&
,ernas Commentar-, p //$ (2##& ed*.
92: 'he said power is to be e7ercised within
specified li!its and sub3ect to such li!itations and
restrictions as the Con/ress !a" i!pose.
96: 'he authori0ation of such power !ust be within
the fra!ewor. of the national develop!ent
pro/ra! of the Govern!ent.
2. Ta(iff an! Custo&s Co!e' -le@ile Ta(iff
Clause
'he President is /iven b" the 'ariff and Custo!s
Code a!ple powers to ad3ust tariff rates.
-le@ile Ta(iff Clause
'he President !a" fi7 tariff rates5 i!port and e7port
<uotas5 etc. under 'CC=
(: 'o increase5 reduce or re!ove e7istin/
protective rates of i!port dut" 9includin/ an"
necessar" chan/e in classification:
the e7istin/ rates !a" be increased or
decreased to an" level on one or several
sta/es but in no case shall be hi/her than a
!a7i!u! of (CCU as valore!
1: 'o establish i!port <uota or to ban i!ports of
an" co!!odit"5 as !a" be necessar"
2: 'o i!pose an additional dut" on all i!ports not
e7ceedin/ (CU ad valore! whenever necessar"
G. Li&itation I&pose! Re*a(!in* t#e -le@ile
Ta(iff Clause
(: Conduct b" the 'ariff
Co!!ission of an investi/ation in a public
hearin/
'he Co!!issioner shall also hear the
views and reco!!endations of an"
/overn!ent office5 a/enc" or
instru!entalit" concerned
'he DEDA thereafter shall sub!its its
reco!!endation to the President
1: 'he power of the President
to increase or decrease the rates of i!port
dut" within the above!entioned li!its fi7ed in
the Code shall include the !odification in the
for! of dut".
$n such a case the correspondin/ ad
valore! or specific e<uivalents of the dut"
with respect to the i!ports fro! the
principal co!petin/ countr" for the !ost
recent representative period shall be used
as bases. 9Sec 6C( 'CC:
D. E@e&pte! f(o& ta@ation
12empted #rom ta2ation
Aind o# ta2 e2emption
"12clusiely$, Meaning
1lements in determining a charitable institution
9eason #or 9e%uirement o# Absolute Ma?ority
Section 1*
92: Charitable institutions5 churches
and parsona/es or convents
8>
SCHOOL OF LAW
ARIS S. MANGUERA
appurtenant thereto5 !os<ues5 nonE
profit ce!eteries and all lands5
buildin/s5 and i!prove!ent actuall"5
directl"5 and e7clusivel" used for
reli/ious5 charitable5 or educational
purposes shall be e7e!pt fro!
ta7ation.
3. E@e&pte!%
9(: Charitable institutions
91: Churches
92: Parsona/es or convents appurtenant to
churches
96: ;os<ues
98: DonEprofit ce!eteries
9>: All lands5 buildin/s5 and i!prove!ent actuall'-
!irectl' an! e$clusivel' used for reli/ious5
charitable5 or educational purpose shall be e7e!pt
fro! ta7ation.
2. 5in! of ta@ e@e&ption un!e( 27DGE
'he e7e!ption created b" Section 1* is onl" for
ta7es assessed as propert" ta7es and not e7cise
ta7. 9C$, v. CA:
G. ;E@clusi"el)?
'he phrase Ae7clusivel" used for educational
purposesB e7tends to facilities which are incidental
to and reasonabl" necessar" for the
acco!plish!ent of the !ain purpose. 9Abra Valle"
Colle/e v. A<uino:
PCGG has no power to /rant ta7 e7e!ptions
9Chave0 v. PCGG:
A. Ele&ents to e consi!e(e! in !ete(&inin*
w#et#e( an ente(p(ise is a c#a(itale
institution1entit)%
9(: Statute creatin/ the enterprise
91: $ts corporate purposes
92: $ts constitution and b"Elaws
96: ;ethod of ad!inistration
98: Dature of actual wor. perfor!ed
9>: Character of services rendered
9+: $ndefiniteness of the beneficiaries
9*: 4se and occupation of the properties 9Lun/
Center v. QC:
Section 1*
96: Do law /rantin/ an" ta7
e7e!ption shall be passed without
the concurrence of a !a3orit" of all
the ;e!bers of the Con/ress.
B. Reason fo( asolute &a+o(it)
Bills ordinaril" passed with support of onl" a si!ple
!a3orit"5 or a !a3orit" of those present and votin/.
'he above provision re<uires an absolute !a3orit"
of the entire !e!bership of the Con/ress because
a ta7 e7e!ption represents a withholdin/ of the
power to ta7 and conse<uent loss of revenue to the
/overn!ent.
POWER O+ APPROPRIA,IONA SPENDIN6 POWER
A. Spen!in* Powe(
'. Spending +ower
E. 9eason
4. "8y 7aw$
Section 26. 9(: Do !one" shall be
paid out of the 'reasur" e7cept in
pursuance of an appropriation !ade
b" law.
3. Spen!in* Powe(
'he spendin/ power of Con/ress is stated in
Section 1)9(:= ADo !one" shall be paid out of the
'reasur" e7cept in pursuance of an appropriation
!ade b" law.B 9()**5 ())1 Bar Question:
2. Reason
Behind the provision stands the principle that the
people@s treasure that the people@s treasure !a" be
sent onl" with their consent. 'hat consent is to be
e7pressed either in the Constitution itself or in valid
acts of the le/islature as the direct representative
of the people.
126
G. ;B) law?
'he provision does not sa" Aappropriation b"
Con/ressB but rather Ab" lawB5 a ter! which covers
both statutes and the Constitution.
128
B. App(op(iation
Appropriation
Classi#ication
C:-
3. App(op(iation
An appropriation !easure !a" be defined as a
statute the pri!ar" and specific purpose of which is
to authori0e the release of public funds fro! the
treasur".
12>
A law creatin/ an office and providin/
funds therefore is not an appropriation law since
the !ain purpose is not to appropriate funds but to
create the office.
12+
2. Classification of App(op(iation Measu(es%
96: /ene(alE 'he /eneral appropriations
law passed annuall" is intended to provide for
the financial operations of the entire
/overn!ent durin/ one fiscal period.
2&4
See !inco, Philippine Political "aw, p 2#2 (1$%4ed*.
2&%
2&+
Cru), Philippine Political "aw, p. 1%2 (1$$% ed*.
2&/
Cru), Philippine Political "aw, p. 1%$ (1$$% ed*.
8+
SCHOOL OF LAW
ARIS S. MANGUERA
98: SpecialH desi/ned for a specific
purpose such as the creation of a fund for the
relief of t"phoon victi!s.
CD-
A law creatin/ CD- was upheld b" the SC sa"in/
that the Con/ress itself has specified the uses of
the fund and that the power /iven to Con/ress!en
and ViceEPresident was !erel" reco!!endator" to
the President who could approve or disapprove the
reco!!endation. 9P#$LCJDSA v. Enri<ue0:
C. Li&itations on App(op(iations
12traBConstitutional 7imitations
Constitutional 7imitations
:& E$tra=Constitutional .imitations
I&plie! Li&itations
(. Appropriation !ust be devoted to a public
purpose
1. 'he su! authori0ed !ust be deter!inate or at
least deter!inable.
12*
;& Constitutional .imitations
Specific Li&itations on t#e powe( of
app(op(iation
12)
HSec 165 Sec 189>:I
(. Appropriation bills should ori/inate in the #ouse
of ,epresentatives. 9art. > sec 16:
1. Discretionar" funds appropriated for particular
officials shall be disbursed onl" for public
purposes to be supported b" appropriate
vouchers and sub3ect to such /uidelines as
!a" be prescribed b" law. 9art. > sec 189>:
Constitutional li&itations on special
app(op(iation &easu(es HSec 1896:5 Sec 1)91:I
(. ;ust specif" the public purpose for which the
su! is intended. 9art > sec 18 96::
1. ;ust be supported b" funds actuall" available as
certified to b" Dational 'reasurer5 or to be
raised b" a correspondin/ revenue proposal
included therein. 9art > sec 1896::
2. Prohibition a/ainst appropriations for sectarian
benefit. 9art > sec 1)91::
16C
Constitutional (ules on *ene(al app(op(iations
law HSec 18 9(:91:92:98:9+:5 Sec 1)91:I
(. Con/ress !a" not increase the appropriations
reco!!ended b" the President. 9art > sec
189(::
1. 'he for!5 content5 and !anner of preparation for
the bud/et shall be prescribed b" law. 9art >
sec 189(::
2. ,ule on riders. 9art > sec 1891::
2&2
Cru), Philippine Political "aw, p. 1+# (1$$% ed*.
2&$
Cru), Philippine Political "aw, p. 1+# (1$$% ed*.
24#
See Cru), Philippine Political "aw, p. 1+4 (1$$% ed*.
6. Procedure for approvin/ appropriations for
Con/ress. 9art > sec 1892::
8. Prohibition a/ainst transfer of appropriations. 9art
> sec 1898::
>. ,ule on auto!atic reappropriation. 9art > sec
189+::
+. Prohibition a/ainst appropriations for sectarian
benefit. 9art > sec 1)91::
D. NonHestalis#&ent p(o"ision
Section 1)
91: Do public !one" or propert" shall
be appropriated5 applied5 paid5 or
e!plo"ed5 directl" or indirectl"5 for the
use5 benefit5 or support of an" sect5
church5 deno!ination5 sectarian
institution5 or s"ste! of reli/ion5 or of
an" priest5 preacher5 !inister5 or other
reli/ious teacher or di/nitar" as such5
e7cept when such priest5 preacher5
!inister5 or di/nitar" is assi/ned to
the ar!ed forces5 or to an" penal
institution5 or /overn!ent orphana/e
or leprosariu!.
Do public !one" or propert" shall be appropriated5
applied5 paid5 or e!plo"ed5 directl" or indirectl"5 for
the use5 benefit5 or support of an" sect5 church5
deno!ination5 sectarian institution5 or s"ste! of
reli/ion5 or of an" priest5 preacher5 !inister5 or
other reli/ious teacher or di/nitar" as such.
Public !one" !a" be paid to a priest5 preacher5
!inister5 or di/nitar" if he is assi/ned to the ar!ed
forces5 or to an" penal institution5 or /overn!ent
orphana/e or leprosariu!.
/ene(al o( specific app(op(iation. hether the
appropriation be /eneral or specific5 it !ust
confor! to the prohibition a/ainst the use of public
funds or propert" for sectarian purposes.
16(
Pu(pose of t#e p(o"ision. 'his provision !ust be
read with Article $$$5 Section 8 on reli/ious freedo!
and Article $$5 Section > on the separation of
Church and State. $ts purpose is to further bolster
this principle and e!phasi0e the neutralit" of the
State in ecclesiastical !atters.
E. Special -un!
Section 1)
92: All !one" collected on an" ta7
levied for a special purpose shall be
treated as a special fund and paid out
for such purpose onl". $f the purpose
for which a special fund was created
has been fulfilled or abandoned5 the
241
Cru), Philippine Political "aw, p. 1+4 (1$$% ed.*
8*
SCHOOL OF LAW
ARIS S. MANGUERA
balance5 if an"5 shall be transferred to
the /eneral funds of the Govern!ent.
Ta@ le"ie! fo( a special pu(pose. All !one"
collected on an" ta7 levied for a special purpose
shall be treated as a special fund.
-o( suc# pu(pose onl). All !one" collected on
an" ta7 levied for a special purpose shall be paid
out for such purpose onl".
Balance to t#e *ene(al fun!s. $f the purpose for
which a special fund was created has been fulfilled
or abandoned5 the balance5 if an"5 shall be
transferred to the /eneral funds of the
Govern!ent.
-. /ene(al App(op(iation
8udget and Appropriation
9ule on 9iders
Special Appropriations 8ill
0o !rans#er o# Appropriations
:iscretionary -unds
Automatic 9eBenactment
3. Bu!*et an! App(op(iation
Section 2B. 9(: 'he Con/ress !a"
not increase the appropriations
reco!!ended b" the President for
the operation of the Govern!ent as
specified in the bud/et. 'he for!5
content5 and !anner of preparation of
the bud/et shall be prescribed b" law.
Bu!*et. 'he bud/et is onl" a proposal5 a set of
reco!!endations on the appropriations to be
!ade for the operations of the /overn!ent. $t is
used as a basis for the enact!ent of the /eneral
appropriations law.
161
T#e u!*et as a (est(iction on app(op(iations.
'he Con/ress !a" not increase the appropriations
reco!!ended b" the President for the operation of
the Govern!ent as specified in the bud/et.
Reason. 'he reason for the above provision is the
theor" that the President .nows !ore about the
needed appropriations than the le/islature.
162
Bein/
responsible for the proper ad!inistration of the
e7ecutive depart!ent5 the President is ordinaril"
the part" best <ualified to .now the !a7i!u!
a!ount that the operation of his depart!ent
re<uires.
166
242
24&
244
!inco, Philippine Political "aw, p 21+ (1$%4ed*.
P(epa(ation of Bu!*et. 'he for!5 content5 and
!anner of preparation of the bud/et shall be
prescribed b" law.
2. Rule on (i!e(s
Section 18
91: Do provision or enact!ent shall
be e!braced in the /eneral
appropriations bill unless it relates
specificall" to so!e particular
appropriation therein. An" such
provision or enact!ent shall be
li!ited in its operation to the
appropriation to which it relates.
91CC( Bar Question:
Ever" provision or enact!ent in the /eneral
appropriations bill !ust relate specificall" to so!e
particular appropriation therein.
Ever" such provision or enact!ent shall be li!ited
in its operation to the appropriation to which it
relates
Pu(pose. 'o prevent riders or irrelevant provisions
that are included in the /eneral appropriations bill
to ensure their approval.
168
P(oce!u(e in app(o"in* app(op(iations fo( t#e
Con*(ess
92: 'he procedure in approvin/
appropriations for the Con/ress shall
strictl" follow the procedure for
approvin/ appropriations for other
depart!ents and a/encies.
Sa&e P(oce!u(e. 'he procedure in approvin/
appropriations for the Con/ress shall strictl" follow
the procedure for approvin/ appropriations for
other depart!ents and a/encies.
Reason. 'o prevent the adoption of appropriations
sub rosa b" the Con/ress.
G. Special App(op(iations ill
96: A special appropriations bill shall
specif" the purpose for which it is
intended5 and shall be supported b"
funds actuall" available as certified b"
the Dational 'reasurer5 or to be raised
b" a correspondin/ revenue proposal
therein.
A special appropriations bill shall=
9(: Specif" the purpose for which it is intendedG
91: Be supported b" funds actuall" available as
certified b" the Dational 'reasurerG or
24%
8)
SCHOOL OF LAW
ARIS S. MANGUERA
92: Be supported b" funds to be raised b" a
correspondin/ revenue proposal therein.
A. No t(ansfe( of app(op(iations
98: Do law shall be passed
authori0in/ an" transfer of
appropriationsG however5 the
President5 the President of the
Senate5 the Spea.er of the #ouse of
,epresentatives5 the Chief &ustice of
the Supre!e Court5 and the heads of
Constitutional Co!!issions !a"5 b"
law5 be authori0ed to au/!ent an"
ite! in the /eneral appropriations law
for their respective offices fro!
savin/s in other ite!s of their
respective appropriations.
9())* Bar Question:
P(o#iition of t(ansfe(. Do law shall be passed
authori0in/ an" transfer of appropriations.
Reason. 'his provision prohibits one depart!ent
fro! transferrin/ so!e of its funds to another
depart!ent and thereb" !a.e it beholden to the
for!er to the detri!ent of the doctrine of
separation of powers. Such transfers are also
uns"ste!atic5 besides in effect disre/ardin/ the will
of the le/islature that enacted the appropriation
!easure.
16>
Au*&entation of ite& f(o& sa"in*s. 'he
President5 the Senate President5 the #ouse
Spea.er5 the Chief &ustice5 and the heads of
Constitutional Co!!ission !a"5 b" law5 be
authori0ed to au/!ent an" ite! in the /eneral
appropriations law for their respective offices fro!
savin/s in other ite!s of their respective
appropriations. $n this case5 there is no dan/er to
the doctrine of separation of powers because the
transfer is !ade within a depart!ent and not fro!
one depart!ent to another.
16+
E@clusi"e list. 'he list of those who !a" be
authori0ed to transfer funds under this provision is
e7clusive. #owever5 !e!bers of the Con/ress !a"
deter!ine the necessit" of reali/n!ent of the
savin/s. 9P#$LCJDSA v. Enri<ue0:
B. Disc(etiona() fun!s
9>: Discretionar" funds appropriated
for particular officials shall be
disbursed onl" for public purposes to
be supported b" appropriate
vouchers and sub3ect to such
24+
24/
/uidelines as !a" be prescribed b"
law.
Pulic Pu(pose. Discretionar" funds appropriated
for particular officials shall be disbursed onl" for
public purposes to be supported b" appropriate
vouchers and sub3ect to such /uidelines as !a" be
prescribed b" law.
Reason. 'his was thou/ht necessar" in view of the
!an" abuses co!!itted in the past in the use of
discretionar" funds. $n !an" cases5 these funds
were spent for personal purposes5 to the pre3udice
and often even without the .nowled/e of the
public.
16*
:. Auto&atic Reenact&ent
9())* Bar Question:
9+: $f5 b" the end of an" fiscal "ear5
the Con/ress shall have failed to
pass the /eneral appropriations bill
for the ensuin/ fiscal "ear5 the
/eneral appropriations law for
precedin/ fiscal "ear shall be dee!ed
reenacted and shall re!ain in force
and effect until the /eneral
appropriations bill is passed b" the
Con/ress.
Reason. 'his is to address a situation where
Con/ress fails to enact a new /eneral
appropriations act for the inco!in/ fiscal "ear.
IIII. OT0ER PRO0IBITED MEAS$RES
Appellate *uris!iction of Supreme Court
,itle of Ro'alt' an! No%ilit'
A. Appellate 4u(is!iction of Sup(e&e Cou(t
Section GJ. Do law shall be passed
increasin/ the appellate 3urisdiction of
the Supre!e Court as provided in this
Constitution without its advice and
concurrence.
Li&itation on powe( of Con*(ess. Do law shall
be passed increasin/ the appellate 3urisdiction of
the Supre!e Court as provided in this Constitution
without its advice and concurrence.
SCLs A!"ice an! Concu((ence Nee!e!. 'he
Con/ress !a" increase the appellate 3urisdiction of
the SC but onl" with its advice and concurrence.
242
Cru), Philippine Political "aw, p. 1+# (1$$% ed.*
>C
SCHOOL OF LAW
ARIS S. MANGUERA
Reason. 'o prevent further additions to the present
tre!endous case load of the Supre!e Court which
includes the bac.lo/ of the past decades.
16)
B. Titles of Ro)alt) an! Noilit)
Section G3. Do law /rantin/ a title of
ro"alt" or nobilit" shall be enacted.
Reason. 'o preserve the republican and
de!ocratic nature of our societ" b" prohibitin/ the
creation of privile/ed classes with special
per<uisites not available to the rest of the citi0enr".
IIV. INITIATIVE AND RE-EREND$M
Initiatie and 9e#erendum
initiatie
9e#erendum
Section G2. 'he Con/ress shall as
earl" as possible5 provide for a
s"ste! of initiative and referendu!5
and the e7ceptions therefro!5
whereb" the people can directl"
propose and enact laws or approve or
re3ect an" act or law or part thereof
passed b" the Con/ress or local
le/islative bod" after the re/istration
of a petition therefor si/ned b" at
least ten per centu! of the total
nu!ber of re/istered voters5 of which
ever" le/islative district !ust be
represented b" at least three per
centu! of the re/istered voters
thereof.
3. Initiati"e an! (efe(en!u&
'he Con/ress shall as earl" as possible5 provide
for a s"ste! of initiative and referendu!5 and the
e7ceptions therefro!.
Petition. A petition !ust be si/ned b" at least (CU
of the total nu!ber of re/istered voters5 of which
ever" le/islative district !ust be represented b" at
least 2U of the re/istered voters thereof. 'he
petition !ust then be re/istered.
RA :8GB. 'he current i!ple!entin/ law is ,A
>+285 an Act Providin/ for S"ste! of $nitiative and
,eferendu!.
2. Initiati"e.
'he power of the people to propose a&en!&ents
to the Constitution or to propose and enact
le/islation.
T#(ee s)ste&s of Initiati"e%
24$
Cru), Philippine Political "aw, p. 14+ (1$$% ed.*
1. $nitiative on the Constitution
which refers to a petition proposin/
a!end!ents to the ConstitutionG
2. $nitiative on statutes which
refers to a petition proposin/ to enact a
national le/islation.
&. $nitiative on local le/islation
which refers to a petition proposin/ to enact a
re/ional5 provincial5 cit"5 !unicipal or baran/a"
law5 resolution or ordinance.
Local Initiati"e. Dot less than 15CCC re/istered
voters in case of autono!ous re/ions5 (5CCC in
case of provinces and cities5 (CC in case of
!unicipalities5 and 8C in case of baran/a"s5 !a"
file a petition with the ,e/ional Asse!bl" or local
le/islative bod"5 respectivel"5 proposin/ the
adoption5 enact!ent5 repeal5 or a!end!ent5 of an"
law5 ordinance or resolution. 9Sec. (2 ,A >+28:
Li&itations on local initiati"e%
(. 'he power of local initiative shall not be
e7ercised !ore than once a "earG
1. $nitiative shall e7tend onl" to sub3ects or
!atters which are within the le/al !atters
which are within the le/al powers of the local
le/islative bodies to enactG
2. $f an" ti!e before the initiative is held5 the local
le/islative bod" shall adopt in toto the
proposition presented5 the initiative shall be
cancelled. #owever5 those a/ainst such action
!a" if the" so desire5 appl" for intitiative.
.% Petitioners filed a petition with CJ;ELEC
to hold a plebiscite on their petition for an
initiative to a!end the Constitution b"
adoptin/ a unica!eralEparlia!entar" for! of
/overn!ent and b" providin/ for transitor"
provisions.
A= An initiative to chan/e the Constitution
applies onl" to an a!end!ent and not
revision. ,evision broadl" i!plies a chan/e
that alters basic principle in the Constitution
li.e alterin/ the principle of separation of
powers or the s"ste! of chec.s and
balance. 'he initiative of the petitioners is a
revision and not !erel" an a!end!ent.
9La!bino v. CJ;ELEC:
G. Refe(en!u&
Power of the electorate to approve or re3ect
le/islation throu/h an election called for the
purpose.
Two Classes of Refe(en!u&
(. ,eferendu! on statutes which refers to a
petition to approve or re3ect an act or la5 or part
thereof5 passed b" Con/ressG
1. ,eferendu! on local laws which refers to a
petition to approve or re3ect a law5 resolution or
>(
SCHOOL OF LAW
ARIS S. MANGUERA
ordinance enacted b" re/ional asse!blies and
local le/islative bodies. 9Sec. 19c: ,A >+28:
P(o#iite! Measu(es. 'he followin/ cannot be
sub3ect of an initiative or referendu!=
(. Petition e!bracin/ !ore than one sub3ect
shall be sub!itted to the electorate.
1. Statutes involvin/ e!er/enc" !easures5 the
enact!ent of which is specificall" vested in
Con/ress b" the Constitution5 cannot be
sub3ect to referendu! until ninet"9)C: da"s
after their effectivit". 9Sec. (C ,A >+28:
.% $s the People Power reco/ni0ed in the
ConstitutionR 9()*+5 1CCC and 1CC2 Bar
E7a!inations:
A% APeople powerB is reco/ni0ed in the
Constitution5 Article $$$5 Section 6 of the ()*+
Constitution /uarantees the ri/ht of the people
peaceable to asse!ble and petition the
/overn!ent for redress of /rievances. Article V$5
Section 21 of the ()*+ Constitution re<uires
Con/ress to pass a law allowin/ the people to
directl" propose or re3ect an" act or law or part of it
passed b" con/ress or a local le/islative bod".
Article S$$$5 Section (> of the ()*+ Constitution
provides that the ri/ht of the people and their
or/ani0ations to participate in all levels of social5
political5 and econo!ic decisionE!a.in/ shall not
be abrid/ed and that the State shall5 b" law5
facilitate the establish!ent of ade<uate
consultation !echanis!s. Article SV$$5 Section 1 of
the ()*+ Constitution provides that sub3ect to the
enact!ent of an i!ple!entin/ law5 the people !a"
directl" propose a!end!ents to the Constitution
throu/h initiative.
>1
SCHOOL OF LAW
ARIS S. MANGUERA
EIEC$TIVE DEPARTMENT
I& E$ecutive Poer (I '/
II& ,he Presi!ent (I EB'4/
III& ,he Vice=Presi!ent
IV& Poers of the Presi!ent
V& Poer of Appointment (I 'FB'H/
VI& Poer of Control (I '*/
VII& Militar' Poers (I ')/
VIII& Poer of E$ecutive Clemenc' (I
'(/
I/& )orroin# Poer (I EG/
/& +orei#n Affairs Poer (I E'/
/I& )u!#etar' Poer (I EE/
/II& Informin# Poer (I E4/
/III& Other Poers
I. EIEC$TIVE POWER
E$ecutive Poer- 3Definition4
Scope
Where Veste!
Ceremonial +unctions
E$ecutive Immunit'
E$ecutive Privile#e
Ca%inet
Section 3. 'he E7ecutive power shall
be vested in the President of the
Philippines
A. E@ecuti"e Powe( DDefinitionE
'he e7ecutive power is the power to enforce and
ad!inister the laws.
18C
9DEA v. CA5 1CC1:
B. E@ecuti"e Powe(' Scope
2%#
1ustice 0rene Cortes in the case of Marcos v. Man%lapus )*+,+-
opinesA B.t /ould be inaccurate0 to state t(at 1eecutive po/er2 is
t(e po/er to enforce la/s! for t(e President is (ead of State as /ell
as (ead of %overnment and /(atever po/er in(ere in suc( positions
pertain to t(e office unless t(e Constitution itself /it((olds it.C
4.'., in his attempt to provide a comprehensive interpretation of
e.ecutive power providesA
BEecutive po/er refers to t(e po/er of t(e President3
)a- to eecute and administer la/s )b- po/er enumerated in t(e
Constitution )c- t(ose po/ers t(at in(ere to t(e President as (ead of
state and (ead of %overnment! and )d- residual po/ers.C
4Eecutive po/er refers to t(e totality of t(e President2s po/er.5
According to !inco, BEecutive po/er refers to t(e le%al and
political functions of t(e President involvin% t(e eercise of
discretion. (Philippine Political "aw, p.242 (1$%4 ed.*
(. 'he scope of power is set forth in the
Constitution specificall" in Article V$$.
1. #owever5 E7ecutive power is !ore
than the su! of specific powers enu!erated in
the Constitution. $t includes (esi!ual
powe(s
2B3
not specificall" !entioned in the
Constitution. 9;arcos v. ;an/lapus 9()*):
'he prosecution of cri!es appertains to
the E7ecutive Depart!ent5 whose
responsibilit" is to see the laws are
faithfull" e7ecuted. 9ebb v. De Leon:
181
2. B4' the President cannot dispose of
State propert" unless authori0ed b" law.
182
6. Enforce!ent and ad!inistration of
election laws is the authorit" of the
CJ;ELEC.
186
C. E@ecuti"e Powe(' W#e(e Veste!
'he E7ecutive power shall be vested in the
P(esi!ent of the Philippines.
D. Ce(e&onial -unctions D0ea! of StateE
$n a presidential s"ste!5 the presidenc" includes
!an" other functions than 3ust bein/ e7ecutive.
'he president is the Hs"!bolic andI cere!onial
head of the /overn!ent of the HPhilippinesI.
188
E. E@ecuti"e I&&unit) f(o& suit

Rules on Immunit' !urin# tenure
'. 'he President is i!!une
fro! suit durin/ his tenure.
18>
2%1
=esidual Powers are those which are implicit in and correlative to
the paramount dut- residing in that office to safeguard and protect
general welfare.
2%2
See 1acinto 1imene), Political "aw Compendium p.&#+ (2##% ed.*
2%&
See "aurel v. @arcia (=oponggi Case*
2%4
Cru), Philippine Political "aw, p. &#2 (1$$% ed*.
2%%
See ,ernas Commentar-, p 2## (2##& ed*.
2%+
'he incumbent President is immune from suit or from being
brought to court during the period of their incumbenc- and tenure.
(0n re !aturnino ,ermude),1$2+*
B'he President during his tenure of office or actual incumbenc-, ma-
not be sued in A:J civil or criminal case. 0t will degrade the dignit-
of the high office of the President, the Dead of !tate, if he can be
dragged into court litigations while serving as such.C (David v.
K9rmitaL*
Article 00, !ection 1/ (1
st
!entence* of the 1$/& Constitution
providesA B'he President shall be immune from suit during his
tenure.C 'he immunit- granted b- the 1
st
sentence while the President
was in office was absolute. 'he intent was to give the President
absolute immunit- even for wrongdoing committed during his
tenure. (,ernas, Philippine Political "aw, 1$24* Although the new
Constitution has not reproduced the e.plicit guarantee of presidential
>2
SCHOOL OF LAW
ARIS S. MANGUERA
E. #e !a" be filed
i!peach!ent co!plaint durin/ his tenure.
9Article S$:
4. 'he President !a" not be
prevented fro! institutin/ suit 9Soliven v.
;a.asiar:
F. 'here is nothin/ in our laws
that would prevent the President fro! waivin/
the privile/e. 'he President !a" shed the
protection afforded b" the privile/e. 9Soliven v.
;a.asiar:
5. #eads of depart!ents
cannot invo.e the presidents@ i!!unit" 9Gloria
v. CA:
Rules on Immunit' after tenure
H. Jnce out of office5 even
before the end of the si7 "ear ter!5 i!!unit"
for nonEofficial acts is lost. Such was the case
of &oseph Estrada. 9See Bernas Co!!entar"5
p *C6 91CC2 ed.: $t could not be used to shield
a nonEsittin/ President fro! prosecution for
alle/ed cri!inal acts done while sittin/ in
office. 9Estrada v. DisiertoG See ,o!ualde0 v.
Sandi/anba"an:
Note% $n David v. Arro"o5 the Court held that it is
i!proper to i!plead President Arro"o as
respondent. #owever5 it is well to note that in
Ru%rico v& Arro'o- ;in. ,es.5 G, Do5 (*CC865
Jctober 2(5 1CC+5 the Supre!e Court ordered the
respondents5 includin/ President Arro"o5 to !a.e a
return of the writ= APou, respondents +resident
Macapagal Arroyo..are hereby re%uired to make
a return o# the writ be#ore the Court o# Appeals.$
Reasons fo( t#e P(i"ile*e%
(. Sepa(ation of powe(s. 'he separation of
powers principle is viewed as de!andin/ the
e7ecutive@s independence fro! the 3udiciar"5 so
that the President should not be sub3ect to the
3udiciar"@s whi!.
18+
1. Pulic con"enience. B" reason of public
convenience5 the /rant is to assure the e7ercise of
presidential duties and functions free fro! an"
hindrance or distraction5 considerin/ that the Chief
E7ecutive is a 3ob that5 aside fro! re<uirin/ all of
the officeEholder@s ti!e5 also de!ands undivided
attention (Solien . Makasiar:
-. E@ecuti"e P(i"ile*e
:e#inition
&ow Inoked
,ho may inoke
+riilege 0ot Absolute
!ypes o# 12ecutie +riilege (0eri . Senate/
<ariety o# 12ecutie +riilege (Senate . 1rmita/
immunit- from suit under the 1$/& Constitution, presidential
immunit- during tenure remains as part of the law.
(See ,ernas Commentar-, p 2#4 (2##& ed.*
2%/
See Almonte v. asFue)
Ainds o# 12ecutie +riilege (0eri . Senate/
1lements o# +residential Communications +riilege
+residential Communications are +resumptiely
+riileged
12ecutie +riilege . +ublic Interest
+ower o# In%uiry . 12ecutie +riilege
Case :igest o# 0eri . Senate
3E Definition
Briefl" and in si!plest ter!s5 it is the power of the
President to withhold certain t"pes of infor!ation
fro! the public5 fro! the courts5 and fro!
Con/ress.
2E 0ow in"o9e!
Invo(e! in relation to specific cate#ories of
information. E7ecutive privile/e is properl"
invo.ed in relation to specific cate/ories of
infor!ation and not to cate/ories of persons.
9hile e7ecutive privile/e is a constitutional
concept5 a clai& thereof !a" be valid or not
dependin/ on the /round invo.ed to 3ustif" it and
the conte7t in which it is !ade. Doticeabl" absent
is an" reco/nition that e7ecutive officials are
e7e!pt fro! the dut" to disclose infor!ation b" the
!ere fact of bein/ e7ecutive officials. 9Senate v.
Er!ita:
GE W#o can in"o9e
$n li/ht of this hi/hl" e7ceptional nature of the
privile/e5 the Court finds it essential to li!it to the
P(esi!ent the power to invo.e the privile/e. She
!a" of course authori0e the E@ecuti"e Sec(eta()
to invo.e the privile/e on her behalf5 in which case
the E7ecutive Secretar" !ust state that the
authorit" is LB" order of the President5L which
!eans that he personall" consulted with her. 'he
privile/e bein/ an e7traordinar" power5 it !ust be
wielded onl" b" the hi/hest official in the e7ecutive
hierarch". $n other words5 the President !a" not
authori0e her subordinates to e7ercise such power.
9Senate v. Er!ita: 9$t follows5 therefore5 that when an
official is bein/ su!!oned b" Con/ress on a !atter
which5 in his own 3ud/!ent5 !i/ht be covered b"
e7ecutive privile/e5 he !ust be afforded (easonale ti&e
to info(& t#e P(esi!ent o( t#e E@ecuti"e Sec(eta() of
the possible need for invo.in/ the privile/e. 'his is
necessar" in order to provide the President or the
E7ecutive Secretar" with fair opportunit" to consider
whether the !atter indeed calls for a clai! of e7ecutive
privile/e. $f5 after the lapse of that reasonable ti!e5
neither the President nor the E7ecutive Secretar" invo.es
the privile/e5 Con/ress is no lon/er bound to respect the
failure of the official to appear before Con/ress and !a"
then opt to avail of the necessar" le/al !eans to co!pel
his appearance.: 9Senate v. Er!ita:
AE P(i"ile*e Not Asolute
Clai! of e7ecutive privile/e is sub3ect to alancin*
a*ainst ot#e( inte(est. $n other words5
confidentialit" in e7ecutive privile/e is not
absolutel" protected b" the Constitution. Deither
>6
SCHOOL OF LAW
ARIS S. MANGUERA
the doctrine of separation of powers5 nor the need
for confidentialit" of hi/hElevel co!!unications5
without !ore5 can sustain an absolute5 un<ualified
Presidential privile/e of i!!unit" fro! 3udicial
process under all circu!stances. 9Deri v. Senate:
A clai! of e7ecutive privile/e does not /uard
a/ainst a possible disclosure of a cri!e or
wron/doin/ 9Deri v. Senate:
BE T)pes of E@ecuti"e P(i"ile*e
2B7
(. State secrets 9re/ardin/ !ilitar"5 diplo!atic and
other securit" !atters:
1. $dentit" of /overn!ent infor!ers
2. $nfor!ation related to pendin/ investi/ations
6. Presidential co!!unications
8. Deliberative process
:E Va(iet) of E@ecuti"e P(i"ile*e acco(!in* to
T(ie DT(ie cite! in Senate ". E(&itaE
(.State Secrets Privile/e. that the infor!ation is
of such nature that its disclosure would subvert
crucial !ilitar" or diplo!atic ob3ectivesG
91:$nfor!er@s privile/e. Privile/e of the
Govern!ent not to disclose the identit" of
persons who furnish infor!ation of violations of
law to officers char/ed with the enforce!ent of
that law.
92: General Privile/e. -or internal deliberations.
Said to attach to intra/overn!ental docu!ents
reflectin/ advisor" opinions5 reco!!nendations
and deliberations co!prisin/ part of a process b"
which /overn!ental decisions and policies
for!ulated.
8E Two 5in!s of P(i"ile*e un!e( In re" Seale!
Case 3Neri v& Senate4
(. Presidential Co!!unications Privile/e
1. Deliberative Process Privile/e
P(esi!ential
Co&&unications
P(i"ile*e
Delie(ati"e
P(ocess P(i"ile*e
Pertains to
co!!unications5
docu!ents or other
!aterials that reflect
presidential decision
!a.in/ and
deliberations that the
President believes
should re!ain
confidential
$ncludes advisor"
opinions5
reco!!endations
and deliberations
co!prisin/ part of a
process b" which
/overn!ental
decisions and
policies are
for!ulated
Applies to decision
!a.in/ of the President
Applies to decision
!a.in/ of e7ecutive
officials
,ooted in the
constitutional principle
of separation of powers
and the President@s
,ooted on co!!on
law privile/es
2%2
Primer on :eri v. !enate made b- Att-. Carlos 4edina.
uni<ue constitutional
role
Applies to docu!ents in
their entiret" and covers
final and post decisional
!aterials as well as preE
deliberative ones
7E Ele&ents of p(esi!ential co&&unications
p(i"ile*e 3Neri v& Senate4
(: 'he protected co!!unication !ust relate to a
A<uintessential and nonEdele/able presidential
power.B
1: 'he co!!unication !ust be authored or
Asolicited and receivedB b" a close advisor of the
President or the President hi!self. 'he 3udicial test
is that an advisor !ust be in Aoperational pro7i!it"B
with the President.
2: 'he presidential co!!unications privile/e
re!ains a <ualified privile/e that !a" be overco!e
b" a showin/ of ade<uate need5 such that the
infor!ation sou/ht Ali.el" contains i!portant
evidenceB and b" the unavailabilit" of the
infor!ation elsewhere b" an appropriate
investi/atin/ authorit".
6E P(esi!ential Co&&unications a(e
P(esu&pti"el) P(i"ile*e!
'he presu!ption is based on the President@s
/enerali0ed interest in confidentialit". 'he privile/e
is necessar" to /uarantee the candor of
presidential advisors and to p(o"i!e t#e P(esi!ent
an! t#ose w#o assist #i& with freedo! to
e7plore alternatives in the process of shapin/
policies and !a.in/ decisions and to do so in a
wa" !an" would be unwillin/ to e7press e7cept
privatel".
T#e p(esu&ption can e o"e(co&e onl) )
&e(e s#owin* of pulic nee! ) t#e (anc#
see9in* access to con"e(sations. 'he courts are
en3oined to resolve the co!petin/ interests of the
political branches of the /overn!ent Ain the
!anner that preserves the essential functions of
each Branch.B
777777777777777777777777777777777777777777777
3JE E@ecuti"e P(i"ile*e an! t#e Pulic
'he Court held that this 3urisdiction reco/ni0es the
co!!on law holdin/ that there is a A/overn!ental
privile/e a/ainst public disclosure with respect to
state secrets re/ardin/ !ilitar"5 diplo!atic and
other national securit" !atters and cabinet closed
door !eetin/s.B 9Chave0 v. PCGG:
33E Powe( of InMui() ". E@ecuti"e P(i"ile*e
ReMui(e&ent in in"o9in* t#e p(i"ile*e% fo(&al
clai& of p(i"ile*e. ACon/ress has undoubtedl"
has a ri/ht to infor!ation fro! the e7ecutive
branch whenever it is sou/ht in aid of le/islation. $f
>8
SCHOOL OF LAW
ARIS S. MANGUERA
the e7ecutive branch withholds such infor!ation on
the /round that it is privile/ed5 it &ust so asse(t it
an! state t#e (eason t#e(efo(e an! w#) it &ust
e (especte!.B 9&ustice Carpio ;orales in Senate
. 1rmita:
A for!al and proper clai! of e7ecutive privile/e
re<uires a specific !esi*nation an! !esc(iption
of t#e !ocu&ents wit#in its scope as well as
p(ecise an! ce(tain (easons fo( p(ese("in* t#ei(
confi!entialit). ithout this specificit"5 it is
i!possible for a court to anal"0e the clai! short of
disclosure of the ver" thin/ sou/ht to be protected.
4pon the other hand5 Con/ress !ust not re<uire
the e7ecutive to state the reasons for the clai! with
such particularit" as to co!pel disclosure of the
infor!ation which the privile/e is !eant to protect.
9Senate v. Er!ita:
32E Ne(i ". Senate Co&&ittee
Bac9*(oun!%
'his case is about the Senate investi/ation of
ano!alies concernin/ the DBDEP'E pro3ect. Durin/
the hearin/s5 for!er DEDA head ,o!ulo Deri
refused to answer certain <uestions involvin/ his
conversations with President Arro"o on the /round
the" are covered b" e7ecutive privile/e. hen the
Senate cited hi! in conte!pt and ordered his arrest5
Deri filed a case a/ainst the Senate with the
Supre!e Court. 3n March E5, EGG), the Supreme
Court ruled in #aor o# 0eri and upheld the claim o#
e2ecutie priilege.
Issues%
9(: . Are the co!!unications sou/ht to be elicited b"
the three <uestions covered b" e7ecutive privile/eR
91: Did the Senate Co!!ittees co!!it /rave abuse
of discretion in citin/ Deri in conte!pt and orderin/
his arrestR
Rulin*%
9(: 'he SC said that the co!!unications sou/ht to
be elicited b" the three <uestions are covered b" the
presidential co!!unications privile/e5 which is one
t"pe of e7ecutive privile/e.
4sin/ the ele!ents of presidential communications
priilege5 the SC is convinced that the co!!unications
elicited b" the three 92: <uestions are covered b" the
p(esi!ential co&&unications p(i"ile*e.
+irst5 the co!!unications relate to a A<uintessential
and nonEdele/able powerB of the President5 i.e. the
power to enter into an e7ecutive a/ree!ent with other
countries. 'his authorit" of the President to enter into
e2ecutie agreements without the concurrence of the
Le/islature has traditionall" been reco/ni0ed in
Philippine 3urisprudence.
Secon!- the co!!unications are AreceivedB b" a close
advisor of the President. 4nder the Aoperational
pro7i!it"B test5 petitioner can be considered a close
advisor5 bein/ a !e!ber of President Arro"o@s cabinet.
,hir!5 there is no ade<uate showin/ of a co!pellin/
need that would 3ustif" the li!itation of the privile/e and
of the una"ailailit) of the infor!ation elsewhere b"
an appropriate investi/atin/ authorit". 'he record is
bereft of an" cate/orical e7planation fro! respondent
Co!!ittees to show a co!pellin/ or critical need for
the answers to the three 92: <uestions in the enact!ent
of a law.
91: Tes. 'he Supre!e Court said that the Senate
Co!!ittees co!!itted /rave abuse of discretion in
citin/ Deri in conte!pt. 'he followin/ reason a!on/
others was /iven b" the Supre!e Court=
a. T#e(e was a
le*iti&ate clai& of e@ecuti"e p(i"ile*e.
-or the clai! to be properl" invo.ed5 there !ust be
a for!al clai! b" the President statin/ the Aprecise
and certain reasonB for preservin/ confidentialit".
'he /rounds relied upon b" E7ecutive Secretar"
Er!ita are specific enou/h5 since what is re<uired is
onl" that an alle/ation be !ade Awhether the
infor!ation de!anded involves !ilitar" or diplo!atic
secrets5 closedEdoor Cabinet !eetin/s5 etc.B 'he
particular /round !ust onl" be specified5 and the
followin/ state!ent of /rounds b" E7ecutive
Secretar" Er!ita satisfies the re<uire!ent= A'he
conte7t in which e7ecutive privile/e is bein/ invo.ed
is that the infor!ation sou/ht to be disclosed !i/ht
i!pair our diplo!atic as well as econo!ic relations
with the People@s ,epublic of China.B
Co&&ents on Neri v& Senate
Att' Me!ina: 'he rulin/ e7pands the area of
infor!ation that is not accessible to the public.
E7ecutive privile/e can now be invo.ed in
co!!unications between his close advisors. 9See
the second ele!ent in the presidential
communications priilege/
)ernas: 'he proble! with the doctrine is5 an"ti!e
the President sa"s A!hats coered$5 that@s it.
Dobod" can as. an"!ore <uestions.
ASM" $ thin. when the President sa"s5 A$t@s
covered5B the Court can still !a.e an in<uir" under
the Grave Abuse Clause. 'his in<uir" can be done
in an e7ecutive session.
/. Cainet
12traBconstitutional creation
Composition
+rohibitions
<iceB+resident
12Bo##icio Capacity
+rohibited 1mployment
+rohibited Compensation
3. E@t(aHconstitutional c(eation
Althou/h the Constitution !entions the Cabinet a
nu!ber of ti!es5 the Cabinet itself as an institution
is e7traEconstitutionall" created.
18)
2. Co&position
$t is essentiall" consist of the heads of depart!ents
who throu/h usa/e have for!ed a bod" of
presidential adviser who !eet re/ularl" with the
President.
1>C
G. P(o#iitions 9()*+5 ())> Bar Question:
9Applies to Members o# Cabinet, their deputies or
assistants./
2%$
,ernas Commentar-, p 2#2 (2##& ed*.3 See art./ secs. &, 11 and
1&.
2+#
,ernas Commentar-, p 2#2 (2##& ed*.
>>
SCHOOL OF LAW
ARIS S. MANGUERA
(. 4nless otherwise provided in
the Constitution5 shall not hold an" other
e!plo"!ent durin/ their tenure.
1. Shall not directl" or indirectl"
practice an" other profession5 participate in
an" business5 or be financiall" interested in
an" contract with5 or in an" franchise or special
privile/e /ranted b" the /overn!ent or an"
subdivision5 a/enc"5 or instru!entalit" thereof5
corporations or their subsidiaries durin/ their
tenure.
2. Strictl" avoid conflict of
interest in the conduct of their office durin/
their tenure. 9Section (2:
A. ViceHP(esi!ent
Dote that the VP !a" be appointed to the Cabinet5
without need of confir!ation b" the Co!!ission on
Appoint!entsG and the Secretar" of &ustice is an
e2 o##icio !e!ber of the &udicial and Bar Council.
B. E@Hofficio
2:3
capacit) 91CC1 Bar Question:
'he prohibition !ust not be construed as appl"in/
to posts occupied b" the E7ecutive officials without
additional co!pensation in an e2Bo##icio capacit"
as provided b" law and as re<uired b" the pri!ar"
functions of the said official@s office. 'he reason is
that the posts do not co!prise Aan" other officeB
within the conte!plation of the constitutional
prohibition5 but properl" an i!position of additional
duties and functions on said officials.
'o illustrate5 the Secretar" of 'ransportation and
Co!!unications is the e2 o##icio Chir!an of the
Board of Philippine Ports Authorit". 'he e2 o##icio
position bein/ actuall" and in le/al conte!plation
part of the principal office5 it follows that the official
concerned has no ri/ht to receive additional
co!pensation for his services in said position. 'he
reason is that these services are alread" paid for
and covered b" the co!pensation attached to the
principal office. 9Dational A!nest" Co!!ission v.
CJA5 1CC6:
:. P(o#iite! E&plo)&ent
Since the Chief Presidential Le/al Counsel has the
dut" of /ivin/ independent and i!partial le/al
advice on the actions of the heads of various
e7ecutive depart!ents and a/encies and to review
investi/ations involvin/ other presidential
appointees5 he !a" not occup" a position in an" of
the offices whose perfor!ance he !ust review. $t
would involve occup"in/ inco!patible positions.
'hus he cannot be Chair!an at the sa!e ti!e of
the PCGG since the PCGG answers to the
President.
1>1
2+1
An e.7oficio position is one which an official holds but is
germane to the nature of the original position. 0t is b- virtue of the
original position that he holds the latter, therefore such is
constitutional.
8. P(o#iite! Co&pensation
hen an 4ndersecretar" sits for a Secretar" in a
function fro! which the Secretar" !a" not receive
additional co!pensation5 the prohibition on the
Secretar" also applies t the 4ndersecretar".
1>2
II. T#e P(esi!ent
Who is heE
Bualifications
Election
,erm of Office
Oath of Office
Privile#es
Prohi%itionsAInhi%itions
Vacanc' Situations
Rules of Succession
,emporar' Disa%ilit'
Serious Illness
Removal from Office
A. W#o is t#e P(esi!ent
'he President is the #ead of State and the Chief
E7ecutive.
1>6
9#e is the e2ecutie/ #e is the
repositor" of all e7ecutive power.
1>8

B. .ualifications
Juali#ications
9eason #or Juali#ications
Juali#ications are e2clusie
0atural 8orn
9egistered <oter
Age
9egistered Juali#ication
Section 2. Do person !a" be elected
President unless he is a naturalEborn
citi0en of the Philippines5 a re/istered
voter5 able to read and write5 at least
fort" "ears of a/e on the da" of the
election5 and a resident of the
Philippines for at least ten "ears
i!!ediatel" precedin/ such election.
3. .ualifications
(. Datural born citi0en of the Phils.
1. ,e/istered voter
2. Able to read write
6. At least 6C "ears of a/e o the da" of
the election
2+2
Public .nterest Group v Elma! @. =. :o. 1&2$+%, 1une &#,
2##+.
2+&
6itonio v. COA! @.=. :o. 14/&$2, 4arch 12, 2##4.
2+4
,ernas Primer at 22$ (2##+ ed.*
2+%
!inco, Philippine Political "aw, p.24# (1$%4 ed.*
>+
SCHOOL OF LAW
ARIS S. MANGUERA
8. A resident of the Philippines for at
least (C "ears i!!ediatel" precedin/ the
election.
2. Reason fo( .ualifications
Qualifications are prescribed for public office to
ensure the proper perfor!ance of powers and
duties.
1>>
G. .ualifications a(e e@clusi"e
'he above <ualifications are e7clusive and !a" not
be reduced or increased b" Con/ress. 'he
applicable rule of interpretation is e2pression unius
est e2clusio alterius.
1>+
A. Natu(al Bo(n
Jne who is a citi0en of the Philippines fro! birth
without havin/ to perfor! an" act to ac<uire or
perfect his Philippine citi0enship. 9Article $V5
Section 1:
An ille/iti!ate child of an A!erican !other and a
-ilipino father is a natural born -ilipino citi0en if
paternit" is clearl" proved. #ence such person
would be <ualified to run for President. 'his was
the case of -ernando Poe5 &r. 9'ecson v. CJ;ELEC:
B. Re*iste(e! Vote(
Possession of the <ualifications for suffra/e as
enu!erated in Article V5 Section (.
:. A*e
'he a/e <ualification !ust be possessed Aon the
da" of the election for PresidentB that is5 on the da"
set b" law on which the votes are cast.
1>*
8. Resi!ence .ualification
'he ob3ect bein/ to ensure close touch b" the
President with the countr" of which he is to be the
hi/hest official and fa!iliarit" with its conditions
and proble!s5 the better for hi! to dischar/e his
duties effectivel".
1>)
C. Election
9egular 1lection
Special 1lection
Congress as Canassing 8oard
,ho will be +roclaimed
+residential 1lectoral !ribunal
Section A. 'he President and the ViceE
President shall be elected b" direct vote of the
people for a ter! of si7 "ears which shall be/in
at noon on the thirtieth da" of &une ne7t
followin/ the da" of the election and shall end
2++
Cru), Philippine Political "aw, p. 1/4 (1$$% ed*.
2+/
2+2
,ernas Commentar-, p 2#$ (2##& ed*.
2+$
Cru), Philippine Political "aw, p. 1/% (1$$% ed*.
at noon of the sa!e date si7 "ears thereafter.
'he President shall not be eli/ible for an"
reelection. Do person who has succeeded as
President and has served as such for !ore
than four "ears shall be <ualified for election to
the sa!e office at an" ti!e.
Do ViceEPresident shall serve for !ore than two
successive ter!s. Voluntar" renunciation of the office
for an" len/th of ti!e shall not be considered as an
interruption in the continuit" of the service for the full
ter! for which he was elected.
4nless otherwise provided b" law5 the re/ular
election for President and ViceEPresident shall
be held on the second ;onda" of ;a".
'he returns of ever" election for President and
ViceEPresident5 dul" certified b" the board of
canvassers of each province or cit"5 shall be
trans!itted to the Con/ress5 directed to the
President of the Senate. 4pon receipt of the
certificates of canvass5 the President of the
Senate shall5 not later than thirt" da"s after the
da" of the election5 open all the certificates in
the presence of the Senate and the #ouse of
,epresentatives in 3oint public session5 and the
Con/ress5 upon deter!ination of the
authenticit" and due e7ecution thereof in the
!anner provided b" law5 canvass the votes.
'he person havin/ the hi/hest nu!ber of votes
shall be proclai!ed elected5 but in case two or
!ore shall have an e<ual and hi/hest nu!ber
of votes5 one of the! shall forthwith be chosen
b" the vote of a !a3orit" of all the ;e!bers of
both #ouses of the Con/ress5 votin/
separatel".
'he Con/ress shall pro!ul/ate its rules for the
canvassin/ of the certificates.
'he Supre!e Court5 sittin/ en banc5 shall be
the sole 3ud/e of all contests relatin/ to the
election5 returns5 and <ualifications of the
President or ViceEPresident5 and !a"
pro!ul/ate its rules for the purpose.
3. Re*ula( Election
'he President 9and ViceEPresident: shall be
elected b" !i(ect "ote of the people. 4nless
otherwise provided b" law5 the re/ular election for
President 9and ViceEPresident: shall be held on the
secon! Mon!a) of Ma).
2. Special Election 9:iscussed under Section 'G/
G. Con*(ess as Can"assin* Boa(!
'he returns of ever" election for President and
ViceEPresident5 dul" certified b" the board of
canvassers of each province or cit"5 shall be
trans!itted to the Con/ress5 directed to the
President of the Senate. 4pon receipt of the
certificates of canvass5 the President of the Senate
shall5 not later than thirt" da"s after the da" of the
election5 open all the certificates in the presence of
the Senate and the #ouse of ,epresentatives in
>*
SCHOOL OF LAW
ARIS S. MANGUERA
+oint pulic session5 and t#e Con*(ess' upon
!ete(&ination of t#e aut#enticit) an! !ue
e@ecution t#e(eof in t#e &anne( p(o"i!e! )
law' canvass t#e "otes. 'he Con/ress shall
pro!ul/ate its rules for the canvassin/ of the
certificates.
Is t#e function of Con*(ess &e(el)
&iniste(ial,
8ernas: 'he function of Con/ress is not !erel"
!inisterial. $t has authorit" to e7a!ine the
certificates of canvass for authenticit" and due
e7ecution. -or this purpose5 Con/ress !ust pass
a law /overnin/ their canvassin/ of votes.
1+C
Cru=: As the canvass is re/arded !erel" as a
!inisterial function5 the Con/ress shall not have
the power to in<uire into or decide <uestions of
alle/ed irre/ularities in the conduct of the
election contest. Dor!all"5 as lon/ as the
election returns are dul" certified and appear to
be authentic5 the Con/ress shall have no dut"
but to canvass the sa!e and to proclai! as
elected the person receivin/ the hi/hest nu!ber
of votes.
1+(
;ustice Carpio Morales: 'his dut" has been
characteri0ed as bein/ !inisterial and
e7ecutive.
E*E
Vali!it) of 4oint Con*(essional Co&&ittee.
Con/ress !a" validl" dele/ate the initial
deter!ination of the authenticit" and due
e7ecution of the certificates of canvass to a &oint
Con/ressional Co!!ittee so lon/ as the
decisions and final report of the said Co!!ittee
shall be sub3ect to the approval of the 3oint
session of Both #ouses of Con/ress votin/
separatel". 9Lope0 v. Senate5 1CC6:
COMELEC. 'here is no constitutional or
statutor" basis for CJ;ELEC to underta.e a
separate and AunofficialB tabulation of result
whether !anuall" or electronicall". $f Co!elec is
proscribed fro! conductin/ an official canvass of
the votes cast for the President and ViceE
President5 the Co!elec is5 with !ore reason5
prohibited fro! !a.in/ an AunofficialB canvass of
said votes. 9Brilantes v. Co!elec5 1CC6:
'he procla!ation of presidential and viceE
presidential winners is a function of Con/ress
and not of Co!elec 9;acalintal v. CJ;ELEC:
Con/ress !a" continue the canvass even after
the final ad3ourn!ent of its session. 'he final
ad3ourn!ent of Con/ress does not ter!inate an
2/#
,ernas Primer at 2$& (2##+ ed.*
2/1
Cru), Philippine Political "aw, p. 1/+ (1$$% ed*.
2/2
!eparate ;pinion of 1ustice Carpio 4orales in Pimentel v. 'oint
Committee (1une 22, 2##4* citing Lope& v. $oas, 1/ !C=A /%+,
/+$ (1$++*
unfinished presidential canvass. Ad3ourn!ent
ter!inates le/islation but not the nonHle*islati"e
functions of Con*(ess suc# as can"assin* of
"otes. 9Pi!entel v. &oint Co!!ittee of
Con/ress5 1CC6:
A. W#o will e p(oclai&e!
'he person havin/ the hi/hest nu!ber of votes
shall be proclai!ed elected5 but in case two or
!ore shall have an e<ual and hi/hest nu!ber of
votes5 one of the! shall forthwith be chosen b" the
vote of a !a3orit" of all the ;e!bers of both
#ouses of the Con/ress5 votin/ separatel".
B. P(esi!ential Electo(al T(iunal
'he Supre!e Court5 sittin/ en banc5 shall be
the sole +u!*e of all contests relatin/ to the
election, returns, and %uali#ications of the
President or ViceEPresident5 and !a"
pro!ul/ate its rules for the purpose.
Q= Can Susan ,oces5 widow of -ernando Poe.
&r5 intervene and%or substitute for hi!5 assu!in/
ar/uendo that the protest could survive his
deathR
A= Do. 'he funda!ental rule applicable in a
presidential election protest is ,ule (6 of the
PE' ,ules. $t provides that onl" the 1
nd
and 2
rd
placer !a" contest the election. 'he ,ule
effectivel" e7cludes the widow of a losin/
candidate.
1+2
9-ernando Poe v. Arro"o:
'he validit"5 authenticit" and correctness of the
SJVs and CJCs are under the 'ribunal@s
3urisdiction. 'he constitutional function as well as
the power and the dut" to be the sole 3ud/e of all
contests relatin/ to election5 returns and
<ualification of President and ViceEPresident is
e7pressl" vested in the PE' in Section 6 Article
V$$ of the Constitution. $ncluded therein is the
dut" to correct !anifest errors in the SJVs and
CJCs. 9Le/arda v. De Castro5 1CC8:
Q= After -idel ,a!os was declared President5
defeated candidate ;iria! Defensor Santia/o
filed an election protest with the SC.
Subse<uentl"5 while the case is pendin/5 she ran
for the office of Senator and5 havin/ been
declared elected5 assu!ed office as Senator.
hat happens to her election protestR
A= #er protest is dee!ed abandoned with her
election and assu!ption of office as Senator.
9Defensor Santia/o v. ,a!os:
D. Te(& of Office
2/&
7ernando Poe! 8r. v. Arroyo! P.9.'. CA!9 :o. ##2.
4arch 2$, 2##%.
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SCHOOL OF LAW
ARIS S. MANGUERA
: )ea(s. 'he President 9and the ViceEPresident:
shall be elected b" direct vote of the people for a
ter! of si7 "ears.
Noon of 4une GJ.'er! hall be/in at noon on the
thirtieth da" of &une ne7t followin/ the da" of the
election and shall end at noon of the sa!e date si7
"ears thereafter.
No (eHelection. 'he President shall not be eli/ible
for an" reelection. Do person who has succeeded
as President and has served as such for !ore than
four "ears shall be <ualified for election to the
sa!e office at an" ti!e.
Reason fo( p(o#iition on an) (eelection fo(
P(esi!enc). $t was thou/ht that the eli!ination of
the prospect of reelection would !a.e for a !ore
independent President capable of !a.in/ correct
even unpopular decisions.
1+6
#e is e7pected to
devote his attention durin/ his lone ter! to the
proper dischar/e of his office instead of usin/ its
per<uisites to ensure his re!ainin/ therein for
another ter!.
1+8
E. Oat# of Office
Section B. Before the" enter on the
e7ecution of their office5 the President5
the ViceEPresident5 or the Actin/
President shall ta.e the followin/ oath
or affir!ation=
AI do solemnly swear (or a##irm/ that I
will #aith#ully and conscientiously #ul#ill
my duties as +resident (or <iceB
+resident or Acting +resident/ o# the
+hilippines, presere and de#end its
Constitution, e2ecute its laws, do
?ustice to eery man, and consecrate
mysel# to the serice o# the 0ation. So
help me 6od.B
9$n case of affir!ation5 last sentence
will be o!itted.:
Oat#. 'he oath is not a source of substantive
power but is !erel" intended to deepen the sense
of responsibilit" of the President and ensure a
!ore conscientious dischar/e of his office.
1+>
-. P(i"ile*es
(. Jfficial ,esidence
1. Salar"
2. $!!unit" fro! suit
Section :. 'he President shall have
an official residence. 'he salaries of
2/4
2/%
Cru), Philippine Political "aw, p. 1// (1$$% ed*.
2/+
the President and ViceEPresident shall
be deter!ined b" law and shall not be
decreased durin/ their tenure. Do
increase in said co!pensation shall
ta.e effect until after the e7piration of
the ter! of the incu!bent durin/
which such increase was approved.
'he" shall not receive durin/ their
tenure an" other e!olu!ent fro! the
Govern!ent or an" other source.
3. Official Resi!ence
'he President shall have an official residence.
2. Sala()
'he salaries of the President and ViceEPresident
shall be deter!ined b" law and shall not be
decreased durin/ their tenure.
'he initial salar" of the President is 2CC5CC per
"ear. 9Article SV$$$ Section (+:
No inc(ease !u(in* t#ei( term. Do increase in
said co!pensation shall ta.e effect until after the
e7piration of the ter! of the incu!bent durin/
which such increase was approved.
No a!!itional e&olu&ent !u(in* t#ei( tenure&
'he" shall not receive durin/ their tenure an" other
e!olu!ent fro! the Govern!ent or an" other
source.
G. I&&unit) f(o& Suit
9:iscussed under Section ' NI(1/O/
/. P(o#iitions1In#iitions
Section 3G. 'he President5 ViceEPresident5 the
;e!bers of the Cabinet5 and their deputies or
assistants shall not5 unless otherwise provided in this
Constitution5 hold an" other office or e!plo"!ent
durin/ their tenure. 'he" shall not5 durin/ said tenure5
directl" or indirectl"5 practice an" other profession5
participate in an" business5 or be financiall" interested
in an" contract with5 or in an" franchise5 or special
privile/e /ranted b" the Govern!ent or an" subdivision5
a/enc"5 or instru!entalit" thereof5 includin/
/overn!entEowned or controlled corporations or their
subsidiaries. 'he" shall strictl" avoid conflict of interest
in the conduct of their office.
'he spouse and relatives b" consan/uinit" or affinit"
within the fourth civil de/ree of the President shall not
durin/ his tenure be appointed as ;e!bers of the
Constitutional Co!!issions5 or the Jffice of the
J!buds!an5 or a Secretaries5 4ndersecretaries5
chair!en or heads of bureaus or offices5 includin/
/overn!entEowned or controlled corporations and their
subsidiaries.
P(o#iitions%
(. Shall not receive increase
co!pensation durin/ the ter! of the
incu!bent durin/ which such increase was
approved. 9sec >:
+C
SCHOOL OF LAW
ARIS S. MANGUERA
1. Shall not receive an" other
e!olu!ents fro! the /overn!ent or an" other
source durin/ their tenure. 9sec >:
2. 4nless otherwise provided in
tenure.
their tenure.
>. ;a" not appoint spouse or
relatives b" consan/uinit" or affinit" within the
fourth civil de/ree as ;e!ber of Constitutional
Co!!issions or the Jffice of the J!buds!an5
or as Secretaries5 4nder Secretaries5
chair!en or heads of bureaus or offices5
corporations and their subsidiaries.
0ote: 0os. 'BH aboe applies to the +resident. 'B5
applies to the <iceB+resident. 4B5 applies to
Members o# Cabinet, their deputies or assistants.
P(o#iition a*ainst inc(ease of co&pensation
!u(in* tenu(e. 'he prohibition a/ainst the chan/e
of their salar" either b" reduction or increase
durin/ their ter! is !eant to prevent the le/islature
fro! Awea.enin/ the fortitude b" appealin/ to their
avarice or corruptin/ their inte/rit" b" operatin/ on
their necessities.
1++
E&olu&ents. 'he e!olu!ents which the" !a"
not receive durin/ their tenure fro! the
/overn!ent or an" other source 9that is5 private:
refers to an" co!pensation received for services
rendered or for! possession of an office. 'his
!eans that the President cannot accept other
e!plo"!ent elsewhere5 whether in the /overn!ent
or in the private sector5 and !ust confine hi!self to
the duties of his office.
1+*
Reason fo( In#iitions un!e( Section 3G. 'he
inhibitions are in line with the principle that a public
office is a public trust and should not be abused for
personal advanta/e. Jfficers !ention under
Section (2 9e7cept the VP who !a" be appointed
to the Cabinet: are inhibited fro! holdin/ an" other
office or e!plo"!ent in the /overn!ent durin/
their tenure. 'his will discontinue the lucrative
practice of Cabinet !e!bers occup"in/ seats in
the boards of directors of affluent corporations
owned or controlled b" the /overn!ent fro! which
2//
2/2
the" derived substantial inco!e in addition to their
re/ular salaries. 'he second para/raph of Section
(2 is intended as a /uarantee a/ainst nepotis!.
1+)
0. Vacanc)
Section 8. 'he PresidentEelect and the ViceEPresidentE
elect shall assu!e office at the be/innin/ of their
ter!s.
$f the PresidentEelect fails to <ualif"5 the ViceEPresidentE
elect shall act as President until the PresidentEelect
shall have <ualified.
$f a President shall not have been chosen5 the ViceE
PresidentEelect shall act as President until a President
shall have been chosen and <ualified.
$f at the be/innin/ of the ter! of the President5 the
PresidentEelect shall have died or shall have beco!e
per!anentl" disabled5 the ViceEPresidentEelect shall
beco!e President.
here no President and ViceEPresident shall have
been chosen or shall have <ualified5 or where both
shall have died or beco!e per!anentl" disabled5 the
President of the Senate or5 in case of his inabilit"5 the
Spea.er of the #ouse of ,epresentatives shall act as
President until a President or a ViceEPresident shall
have been chosen and <ualified.
'he Con/ress shall5 b" law5 provide for the !anner in
which one who is to act as President shall be selected
until a President or a ViceEPresident shall have
<ualified5 in case of death5 per!anent disabilit"5 or
inabilit" of the officials !entioned in the ne7t precedin/
para/raph.
Section 7. $n case of death5 per!anent disabilit"5
re!oval fro! office5 or resi/nation of the President5 the
ViceEPresident shall beco!e the President to serve the
une7pired ter!. $n case of death5 per!anent disabilit"5
re!oval fro! office5 or resi/nation of both the
President and ViceEPresident5 the President of the
Senate or5 in case of his inabilit"5 the Spea.er of the
#ouse of ,epresentatives5 shall then act as President
until the President or ViceEPresident shall have been
elected and <ualified.
'he Con/ress shall5 b" law5 provide who shall serve as
President in case of death5 per!anent disabilit"5 or
resi/nation of the Actin/ President. #e shall serve until
the President or the ViceEPresident shall have been
elected and <ualified5 and be sub3ect to the sa!e
restrictions of powers and dis<ualifications as the
Actin/ President.
Section 3J. 'he Con/ress shall5 at ten o@cloc. in the
!ornin/ of the third da" after the vacanc" in the offices
of the President and ViceEPresident occurs5 convene in
accordance with its rules without need of a call and
within seven da"s enact a law callin/ for a special
election to elect a President and a ViceEPresident to be
held not earlier than fort"Efive da"s nor later than si7t"
da"s fro! the ti!e of such call. 'he bill callin/ such
special election shall be dee!ed certified under
para/raph 15 Section 1>5 Article V$ of this Constitution
and shall beco!e law upon its approval on third
readin/ b" the Con/ress. Appropriations for the special
election shall be char/ed a/ainst an" current
appropriations and shall be e7e!pt fro! the
2/$
+(
SCHOOL OF LAW
ARIS S. MANGUERA
re<uire!ents of para/raph 65 Section 185 Article V$ of
this Constitution. 'he convenin/ of the Con/ress
cannot be suspended nor the special election
postponed. Do special election shall be called if the
vacanc" occurs within ei/hteen !onths before the date
of the ne7t presidential election.
Vacanc) Situations%
(. Vacanc" that occurs at the start of the
ter! 9Sec +:
1. Vacanc" that occurs in !idEter! 9Sec
*:
2. Vacanc" in both the presidenc" and
viceEpresidenc". 9Section (C:
Vacanc) Situations un!e( Section 8%
(!he acancy situations here occur a#ter the o##ice
has been initially #illed./
(. hen a President has been chosen but
fails to <ualif" at the be/innin/ of his ter!
1. hen no President has "et been chosen
at the ti!e he is supposed to assu!e office.
2. hen the PresidentEelect dies or is
per!anentl" incapacitated before the
be/innin/ of his ter!
6. hen both the President and ViceE
President have not "et been chosen or have
failed to <ualif"
8. hen both shall have died or beco!e
per!anentl" incapacitated at the start of the
ter!.
>. hen the Senate President and the
Spea.er of the #ouse shall have died or shall
have beco!e per!anentl" incapacitated5 or
are unable to assu!e office.
Vacanc) Situation un!e( Section 7
9<acancy that occurs in midBterm/
(. hen the incu!bent President dies or is
per!anentl" disabled5 is re!oved or resi/ns.
1. hen both the President and the ViceE
President die5 or are per!anentl" disabled5 are
re!oved5 or resi/n.
2. hen the Actin/ President dies5 or is
per!anentl" incapacitated5 is re!oved or
resi/ns.
I. Rules of Succession
Section 8
Reason fo( Vacanc) Succession
(. hen a President has
been chosen but fails to
<ualif" at the be/innin/ of his
ter!
1. hen no President has "et
been chosen at the ti!e he is
supposed to assu!e office.
'he ViceEPresident
beco!es actin/ President
until a President <ualifies
2. hen the PresidentEelect
dies or is per!anentl"
incapacitated before the
be/innin/ of his ter!
ViceEPresident elect
beco!es President
6. hen both the President
and ViceEPresident have not
"et been chosen or have
failed to <ualif"
8. hen both shall have died
or beco!e per!anentl"
incapacitated at the start of
the ter!.
'he Senate President or
the Spea.erE in that orderE
acts as President until a
President or ViceE
President <ualifies.
>. hen the Senate
President and the Spea.er of
the #ouse shall have died or
shall have beco!e
per!anentl" incapacitated5 or
are unable to assu!e office.
Con/ress will decide b"
law who will act as
President until a President
or ViceEPresident shall
have been elected and
<ualified.
Section 7
Reason fo( Vacanc) Succession
(. hen the incu!bent
President dies or is
per!anentl" disabled5 is
re!oved or resi/ns.
'he vacanc" created is
thus per!anent. 'he ViceE
President beco!es
President.
1. hen both the President
and the ViceEPresident die5 or
are per!anentl" disabled5 are
re!oved5 or resi/n.
'he Senate President or
the Spea.erEin that orderE
shall act as President until
a President of ViceE
President shall have been
<ualified.
2. hen the Actin/ President
dies5 or is per!anentl"
incapacitated5 is re!oved or
resi/ns.
Con/ress will deter!ine
b" law who will act as
President until a new
President or ViceE
President shall have
<ualified.
Resi*nation. $n 1strada . MacapagalBArroyo5 the
SC throu/h &ustice Puno 9&ain opinion: declared
that the resi/nation of President Estrada could not
be doubted as confir!ed b" his leavin/
;alacanan/. 'he SC declared that the ele!ents of
a valid resi/nation are 9(: intent to resi/nG and 91:
act of relin<uish!ent. Both were present when
President Estrada left the Palace. &ustice Puno
anchored his opinion !ainl" on the letter of
Estrada and on the diar" of ES Ed/ardo An/ara.
Pe(&anent Disailit). $n 1strada . MacapagalB
Arroyo5 &ustice Bellosillo anchored his concurrence
on per!anent disabilit". #e opined that per!anent
disabilit" as conte!plated b" the Constitution does
not refer onl" to ph"sical or !ental incapacit"5 but
!ust li.ewise cover other #orms o# incapacities o# a
permanent nature, e./. functional !isa%ilit'&
#e views Estrada@s disabilit" in 9a: ob3ective and
9b: sub3ective perspectives.
3b?ectie Approach. Aithout people5 an effectivel"
functionin/ cabinet5 the !ilitar" and the police5 with
no reco/nition fro! Con/ress and the international
co!!unit"5 HEstradaI had absolutel" no support
fro! and control of the bureaucrac" fro! within
and fro! without. $n fact he had no !ore
functionin/ /overn!ent to spea. of. $t is in this
+1
SCHOOL OF LAW
ARIS S. MANGUERA
conte7t that HEstradaI was dee!ed absolutel"
unable to e7ercise or dischar/e the powers5 duties
and prero/atives of the Presidenc".
Sub?ectie Approach. HEstrada@sI conte!poraneous
acts and state!ents durin/ and after the critical
episode are elo<uent proofs of his i!pliedEbut
nevertheless une<uivocalEac.nowled/!ent of the
per!anence of his disabilit".
Co&&ent on Est(a!a ". Macapa*alHA((o)o
8ernas: $n su!5 2 3ustices 9Puno5 Vitu/ and Pardo:
accepted so!e for! of resi/nationG 1 3sutices
9;endo0a and Bellosillo: saw per!anent disabilit"G
2 3ustices 9Mapuna5 Tners Santia/o and SandovalE
Gutierre0: accepted the presidenc" of Arro"o as an
irreversible fact. 8 3ustices 9Quisu!bin/5 ;elo5
Buena5 De Leon and /on0a/aE,e"es: si/ned the
decision without e7pressin/ an" opinion. Davide
and Pan/aniban abstained. $n the li/ht of all this5 it
is not clea( w#at !oct(ine was estalis#e! )
t#e !ecision.
1*C
hen the Senate President or Spea.er beco!es
Actin/ President5 he does not lose the Senate
presidenc" or the spea.ership.
1*(
Section 3J
Call not nee!e!. 'he Con/ress shall5 at ten
o@cloc. in the !ornin/ of the third da" after the
vacanc" in the offices of the President and ViceE
President occurs5 convene in accordance with its
rules without need of a call and within seven da"s
enact a law callin/ for a special election to elect a
President and a ViceEPresident to be held not
earlier than fort"Efive da"s nor later than si7t" da"s
fro! the ti!e of such call.
Bill !ee&e! ce(tifie!. 'he bill callin/ such special
election shall be dee!ed certified under para/raph
15 Section 1>5 Article V( of this Constitution and
shall beco!e law upon its approval on third
readin/ b" the Con/ress.
App(op(iations. Appropriations for the special
election shall be char/ed a/ainst an" current
appropriations and shall be e7e!pt fro! the
re<uire!ents of para/raph 65 Section 185 Article V(
of this Constitution.
No suspension o( postpone&ent. 'he convenin/
of the Con/ress cannot be suspended nor the
special election postponed.
No special elections. Do special election shall be
called if the vacanc" occurs within ei/hteen !onths
before the date of the ne7t presidential election.
4. Te&po(a() Disailit)
22#
,ernas Commentar-, p 22/ (2##& ed*.
221
,ernas Primer at 2$2 (2##+ ed.*
Section 33. henever the President trans!its to the
President of the Senate and the Spea.er of the #ouse
of ,epresentatives his written declaration that he is
unable to dischar/e the powers and duties of his office5
and until he trans!its to the! a written declaration to
the contrar"5 such powers and duties shall be
dischar/ed b" the ViceEPresident as Actin/ President.
henever a !a3orit" of all the ;e!bers of the Cabinet
trans!it to the President of the Senate and to the
Spea.er of the #ouse of ,epresentatives their written
declaration that the President is unable to dischar/e
the powers and duties of his office5 the ViceEPresident
shall i!!ediatel" assu!e the powers and duties of the
office as Actin/ President.
'hereafter5 when the President trans!its to the
President of the Senate and to the Spea.er of the
#ouse of ,epresentatives his written declaration that
no inabilit" e7ists5 he shall reassu!e the powers and
duties of his office. ;eanwhile5 should a !a3orit" of all
the ;e!bers of the Cabinet trans!it within five da"s to
the President of the Senate and to the Spea.er of the
#ouse of ,epresentatives their written declaration that
the President is unable to dischar/e the powers and
duties of his office5 the Con/ress shall decide the
issue. -or that purpose5 the Con/ress shall convene5 if
it is not in session5 within fort"Eei/ht hours5 in
accordance with its rules and without need of call.
$f the Con/ress5 within ten da"s after receipt of the last
written declaration5 or5 if not in session5 within twelve
da"s after it is re<uired to asse!ble5 deter!ines b" a
twoEthirds vote of both #ouses5 votin/ separatel"5 that
the President is unable to dischar/e the powers and
duties of his office5 the ViceE President shall act as
PresidentG otherwise5 the President shall continue
e7ercisin/ the powers and duties of his office.
5. Se(ious Illness
Section (1. $n case of serious illness of the President5
the public shall be infor!ed of the state of his health.
'he !e!bers of the Cabinet in char/e of national
securit" and forei/n relations and the Chief of Staff of
the Ar!ed -orces of the Philippines5 shall not be
denied access to the President durin/ such illness.
Section (1 envisions not 3ust illness which
incapacitates but also an" serious illness which can
be a !atter of national concern.
1*1
Reason fo( info(&in* t#e pulic. 'o /uarantee
the people@s ri/ht to .now about the state of
President@s health5 contrar" to secretive practice in
totalitarian re/i!es.
1*2
W#o #as t#e !ut) to info(&, 'he section does
not specif" the officer on who! the dut" devolves.
$t is understood that the Jffice of the President
would be responsible for !a.in/ the disclosure.
222
,ernas Primer at &## (2##+ ed.*
22&
,ernas Commentar-, p 2&2 (2##& ed*.
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SCHOOL OF LAW
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Reason of t#e access. 'o allow the President to
!a.e the i!portant decisions in those areas of
/overn!ent.
1*6
L. Re&o"al f(o& Office
Wa)s of (e&o"al f(o& office%
(. B" $!peach!ent
1. B" People Power
2. B" Millin/ the President 9e./.
Assassination:
1*8
(:umber 2 is e.tra constitutional and :umber & is illegal. Masm*.
(,ut for purposes of e.aminations, answer number 1 onl-*
(Impeachment will be discussed under Article CI/
III. T#e ViceH P(esi!ent
Who is the Vice=Presi!ent
Bualifications- Election- ,erm of Office
Oath of Office
Prohi%itionsAInhi%itions
Vacanc'
Removal from Office
Appointment to Ca%inet
A. W#o is t#e ViceHP(esi!ent
#is function is to be on hand to act as President
when needed or to succeed to the presidenc" in
case of a per!anent vacanc" in the office. 'he
President !a" also appoint hi! as a ;e!ber of
the Cabinet. Such appoint!ent does not need the
consent of the Co!!ission on Appoint!ents.
1*>
B. .ualifications' Election' Te(& of Office
Section G. 'here shall be a ViceEPresident who
shall have the sa!e <ualifications and ter! of
office and be elected with and in the sa!e
!anner as the President. 777
Do ViceEPresident shall serve for !ore than two
successive ter!s. Voluntar" renunciation of the
office for an" len/th of ti!e shall not be considered
as an interruption in the continuit" of the service for
the full ter! for which he was elected. 9Section 6:
C. Oat# of Office
Sa!e as the President. See Section 8.
D. P(o#iitions an! In#iitions
224
,ernas Commentar-, p 2&2 (2##& ed*.
22%
:umber 2 is e.tra constitutional and :umber & is illegal. 7asm
22+
,ernas Primer at 2$1 (2##+ ed.*
(. Shall not receive increase
co!pensation durin/ the ter! of the
incu!bent durin/ which such increase was
approved. 9sec >:
1. Shall not receive an" other
e!olu!ents fro! the /overn!ent or an" other
source durin/ their tenure. 9sec >:
2. 4nless otherwise provided in
tenure.
their tenure. 9Section (2:
E. Vacanc) in t#e ViceHP(esi!enc)
Section 6. henever there is a vacanc" in the Jffice
of the ViceEPresident durin/ the ter! for which he was
elected5 the President shall no!inate a ViceEPresident
fro! a!on/ the ;e!bers of the Senate and the #ouse
of ,epresentatives who shall assu!e office upon
confir!ation b" a !a3orit" vote of all the ;e!bers of
both #ouses of the Con/ress5 votin/ separatel".
-. Re&o"al f(o& Office
#e !a" be re!oved fro! office in the sa!e
!anner as the President. 9Section 2:
-. Appoint&ent to Cainet
'he ViceEPresident !a" be appointed as a
;e!ber of the Cabinet. Such appoint!ent re<uires
no confir!ation. 9Section 2:
&ustice Cru0 sub!its that the ViceEPresident !a"
not receive additional co!pensation as !e!ber of
Cabinet because of the absolute prohibition in
Section 2 of Article V$$.
1*+
IV. POWERS O- T0E PRESIDENT
Constitutional Powe(s of t#e P(esi!ent
(. E7ecutive Power
1. Power of Appoint!ent
2. Power of Control
6. ;ilitar" Powers
8. Pardonin/ Power
>. Borrowin/ Power
22/
+6
SCHOOL OF LAW
ARIS S. MANGUERA
+. Diplo!atic Power
*. Bud/etar" Power
). $nfor!in/ Power
(C. Jther Powers
a. Call Con/ress to a Special Session
9art >5 sec (8:
b. Power to approve or veto bills 9art >
sec 1+:
c. 'o consent to deputation of
/overn!ent personnel b" the Co!!ission
on Elections 9art ()EC sec 196::
d. 'o discipline such deputies 9art ()EC
sec 19*::
e. E!er/enc" powers b" dele/ation
fro! Con/ress 9art > sec 1291::
f. 'ariff Powers b" dele/ation fro!
Con/ress 9art > sec 1*91::
/. General Supervision over local
/overn!ents and autono!ous re/ional
/overn!ents 9art (C:
V. Powe( of Appoint&ent
Definition of Appointment
Nature of Poer of Appointment
Classification of Appointment
<in!s of Presi!ential Appointment
Scope of Appointin# Poer
Appointments nee!in# Confirmation of CA
Officials Who are to %e Appointe! %' the Presi!ent
Steps in the Appointin# Process
Appointment of Officers .oer in Ran(
.imitations on the Presi!entCs Appointin# poer
Poer of Removal
Section 3:. 'he President shall no!inate and5 with the
consent of the Co!!ission on Appoint!ents5 appoint
the heads of the e7ecutive depart!ents5 a!bassadors5
other public !inisters and consuls5 or officers of the
ar!ed forces fro! the ran. of colonel or naval captain5
and other officers whose appoint!ents are vested in
hi! in this Constitution. #e shall also appoint all other
officers of the Govern!ent whose appoint!ents are
not otherwise provided for b" law5 and those who! he
!a" be authori0ed b" law to appoint. 'he Con/ress
!a"5 b" law5 vest the appoint!ent of other officers
lower in ran. in the President alone5 in the courts5 or in
the heads of depart!ents5 a/encies5 co!!issions5 or
boards.
'he President shall have the power to !a.e
appoint!ents durin/ the recess of the Con/ress5
whether voluntar" or co!pulsor"5 but such
appoint!ents shall be effective onl" until disapproval
b" the Co!!ission on Appoint!ents or until the ne7t
ad3ourn!ent of the Con/ress.
A. Definition of Appoint&ent
Definition of Appoint&ent. Appoint!ent is the
selection5 b" the authorit" vested with the power5 of
an individual who is to e7ercise the functions of a
/iven office.
1**

222
$t is distin/uished fro! !esi#nation in that the
latter si!pl" !eans the i!position of additional
duties5 usuall" b" law5 on a person alread" in the
public service.
$t is also different fro! the commission in that the
latter is the written evidence of the appoint!ent.
B. Natu(e of Powe( of Appoint&ent
(. E7ecutive in Dature
1. DonEdele/abilit"
2. Decessit" of Discretion
3. E@ecuti"e in Natu(e
Appointin/ power is e7ecutive in nature.
9Govern!ent v. Sprin/er: $ndeed5 the fillin/ up of
an office created b" law is the i!ple!entation or
e7ecution of law.
1*)
Althou/h5 intrinsicall" e7ecutive and therefore
pertainin/ !ainl" to the President5 the appointin/
power !a" be e7ercised b" the le/islature and b"
the 3udiciar"5 as well as the Constitutional
Co!!issions5 over their own respective personnel
9See art > sec (> 9last sentence:5 Article V$$$ etc.:
I&plication. Since appoint!ent to office is an
e7ecutive function5 the clear i!plication is that the
le/islature !a" not usurp such function.
'he le/islature !a" create an office and prescribe
the <ualifications of the person who !a" hold the
office5 but it !a" neither specif" who shall be
appointed to such office nor actuall" appoint hi!.
1)C
2. NonH!ele*ailit).
+acts= 'he ;inister of 'ouris! desi/nate petitioner as
/eneral !ana/er of the Philippine 'ouris! Authorit".
hen a new Secretar" of 'ouris! was appointed5 the
President desi/nated Hhi!I as a /eneral !ana/er of
the P'A on the /round that the desi/nation of petitioner
was invalid since it is not !ade b" the President as
provided for in PD 8>6. Petitioner clai!ed that his
re!oval was without 3ust cause.
Hel!= 'he appoint!ent or desi/nation of petitioner b"
the ;inister of 'ouris! is invalid. $t involves the
e7ercise of discretion5 which cannot be dele/ated.
Even if it be assu!ed that the power could be
e7ercised b" the ;inister of 'ouris!5 it could be
recalled b" the President5 for the desi/nation was
provisional.
1)(
9Bina!ira v. Garrucho:
G. Necessit) of Disc(etion
Discretion is an indispensable part in the e7ercise
of power of appoint!ent. Con/ress !a" not5
therefore5 enact a statute which would deprive the
President of the full use of his discretion in the
no!ination and appoint!ent of persons to an"
public office. 'hus it has been held that a statute
unlawfull" li!its e7ecutive discretion in
appoint!ents when it provides for the drawin/ of
lots as a !eans to deter!ine the districts to which
22$
,ernas Commentar-, p 2&$ (2##& ed*.
2$#
,ernas Primer at &#% (2##+ ed.*
2$1
1acinto 1imene), Political "aw Compendium, p.&1& (2##+ ed.*
+8
SCHOOL OF LAW
ARIS S. MANGUERA
3ud/es of first instance should be assi/ned b" the
Chief E7ecutive.
1)1
Con/ress !a" not li!it the
President@s choice to one because it will be an
encroach!ent on the Prero/ative of the
President.
1)2
Appoint!ent is essentiall" a discretionar" power
and !ust be perfor!ed b" the officer in which it is
vested accordin/ to his best li/hts5 the onl"
condition bein/ that the appointee5 if issued a
per!anent appoint!ent5 should possess the
!ini!u! <ualification re<uire!ents5 includin/ the
Civil Service eli/ibilit" prescribed b" law for the
position. 'his discretion also includes the
deter!ination of the nature or character of the
appoint!ent5 i.e.5 whether the appoint!ent is
te!porar" or per!anent.
1)6
'he power to appoint includes the power to decide
who a!on/ various choices is best <ualified
provided that the person chosen has the
<ualification provided b" law.
1)8
Even the ne7tEinE
ran. rule of the Civil Service Code cannot be read
as bindin/ the appointin/ authorit" to choose the
first in the order of ran. when two or !ore possess
the re<uisite <ualifications.
1)>
Q= 'he ,evised Ad!inistrative Code of ()*+
provides5 AAll proincial and city prosecutors
and their assistants shall be appointed by the
+resident upon the recommendation o# the
Secretary.$ $s the absence of reco!!endation
of the Secretar" of &ustice to the President
fatal to the appoint!ent of a prosecutorR
A= Appoint!ent calls for discretion on the part
of the appointin/ authorit". 'he power to
appoint prosecutors is /iven to the President.
'he Secretar" of &ustice is under the control of
the President. #ence5 the law !ust be read
si!pl" as allowin/ the Secretar" of &ustice to
advice the President. 9Ber!ude0 v. Secretar"5
())):
C. Classification of Appoint&ent 9())6 Bar Question:
(. Per!anent
1. 'e!porar"
2. ,e/ular
6. Ad $nteri!
3. Pe(&anent 91CC2 Bar Question:
Per!anent appoint!ents are those e7tended to
persons possessin/ eli/ibilit" and are thus
2$2
!inco, Philippine Political "aw, p 2/2 (1$%4ed*.
2$&
Flores v. Drilon, 22& !C=A %+2.
2$4
Antonio ,. :achura, ;utline<=eviewer in Political "aw 2/4
(2##+ ed.*
2$%
,ernas Primer at &#% (2##+ ed.*
2$+
,ernas Commentar-, p 24# (2##& ed*.
protected b" the constitutional /uarantee of
securit" of tenure.
1)+
2. Te&po(a() 91CC2 Bar Question:
'e!porar" appoint!ents are /iven to persons
without such eli/ibilit"5 revocable at will and without
the necessit" of 3ust cause or a valid
investi/ation
1)*
G !ade on the understandin/ that
the appointin/ power has not "et decided on a
per!anent appointee and that the te!porar"
appointee !a" be replaced at an" ti!e a
per!anent choice is !ade.
Not su+ect to CA confi(&ation. A te!porar"
appoint!ent and a desi/nation are not sub3ect
to confir!ation b" the Co!!ission on
Appoint!ents. Such confir!ation5 if /iven
erroneousl"5 will not !a.e the incu!bent a
per!anent appointee. 9Valencia v. Peralta:
G. Re*ula(
A re/ular appoint!ent is one !ade b" the
President while Con/ress is in sessionG ta.es effect
onl" after confir!ation b" the Co!!ission on
Appoint!ents5 and once approved5 continues until
the end of the ter! of the appointee.
A. A! Inte(i& 9())(5 ())6 Bar Question:
An ad interi! appoint!ent is one !ade b" the
President while Con/ress is not in sessionG ta.es
effect i!!ediatel"5 but ceases to be valid if
disapproved b" the Co!!ission on Appoint!ents
or upon the ne7t ad3ourn!ent of Con/ress. $n the
latter case5 the ad interi! appoint!ent is dee!ed
Ab"EpassedB throu/h inaction.
'he ad interi! appoint!ent is intended to prevent
interruptions in vital /overn!ent services that
would otherwise result for! prolon/ed vacancies in
/overn!ent offices.
A! inte(i& appoint&ent is a pe(&anent
appoint&ent. $t is a per!anent
appoint!ent because it ta.es effect
i!!ediatel" and can no lon/er be withdrawn
b" the President once the appointee
<ualified into office. 'he fact that it is sub3ect
to confir!ation b" the Co!!ission on
Appoint!ents does not alter its per!anent
character. 9;atiba/ v. Benipa"o5 1CC1:
A! inte(i& appointe!' #ow te(&inate!.
(. Disapproval of the appoint!ent b"
the Co!!ission on Appoint!entsG
1. Ad3ourn!ent b" Con/ress without the
CA actin/ on the appoint!ent.
'here is no dispute that when the
Co!!ission on Appoint!ents
disapproves an ad interi! appoint!ent5
2$/
Cru), Philippine Political "aw, p. 1$# (1$$% ed*.
2$2
Cru), Philippine Political "aw, p. 1$# (1$$% ed*.
+>
SCHOOL OF LAW
ARIS S. MANGUERA
the appointee can no lon/er be e7tended
a new appoint!ent5 inas!uch as the
approval is a final decision of the
Co!!ission in the e7ercise of its
chec.in/ power on the appointin/
authorit" of the President. Such
disapproval is final and bindin/ on both
the appointee and appointin/ power.
But when an ad interi! appoint!ent is b"E
passed because of lac. of ti!e or failure
of the Co!!ission on Appoint!ents to
or/ani0e5 there is no final decision b" the
Co!!ission to /ive or withhold its
consent to the appoint!ent. Absent such
decision5 the President is free to renew
the ad interim appoint!ent. 9;atiba/ v.
Benipa"o:
Q= hat happens if a special session is called
and that session continues until the da" before
the start of the re/ular sessionR Do
appoint!ents /iven prior to the start of the
special session lapse upon the end of the
special session or !a" the" continue into the
re/ular sessionR
A= 6ueara . Inocente a/ain sa"s that there
!ust be a Aconstructive recessB between the
sessions and thus appoint!ents not acted
upon durin/ the special session lapse before
the start of the re/ular session.
1))
Diffe(ence etween an a! inte(i& appoint&ent
an! an appoint&ent in an actin* capacit).
(. 'he for!er refers onl" to positions which need
confir!ation b" the CA while the latter is also
/iven to those which do not need confir!ation.
1. 'he for!er !a" be /iven onl" when Con/ress
is not in session whereas the latter !a" be
/iven even when Con/ress is in session.
Actin* Capacit). 'he essence of an appoint!ent
in an actin/ capacit" is its te!porar" nature. $n
case of a vacanc" in an office occupied b" an alter
e/o of the President5 such as the Jffice of
Depart!ent Secretar"5 the President !ust
necessaril" appoint the alter e/o of her choice as
Actin/ Secretar" before the per!anent appointee
of her choice could assu!e office.
Con/ress5 throu/h law5 cannot i!pose on the
President the obli/ation to appoint auto!aticall"
the undersecretar" as her te!porar" alter e/o. AAn
alter ego5 whether te!porar" or per!anent5 holds
a position of /reat trust and confidence. Con/ress5
in the /uise of prescribin/ <ualifications to an
office5 cannot i!pose on the President who her
alter ego should be.BActin/ appoint!ents are a
wa" of te!poraril" fillin/ i!portant offices5 but if
abused5 the" can also be a wa" of circu!ventin/
the need for confir!ation b" the Co!!ission on
Appoint!ents.
2$$

#owever5 we find no abuse in the present case.
'he absence of abuse is apparent fro! President
Arro"o@s issuance of ad interi! appoint!ents to
respondents i!!ediatel" upon the recess of
Con/ress5 wa" before the lapse of one "ear.
9Pi!entel v. Er!ita5 1CC8:
D. 5in!s of P(esi!ential Appoint&ent
(. Appoint!ents !ade b" an Actin/ President
9Section (6:
1. Appoint!ents !ade b" the President within
two !onths before the ne7t presidential
elections and up to the end of his ter!.
9Section (8:
2. ,e/ular Appoint!ents 9Section (>:
6. ,ecess or Ad interi! Appoint!ents 9Section
(2:
E. Scope of t#e Powe( to Appoint
Officials to e Appointe! ) t#e P(esi!ent
(. 'hose officials whose appoint!ents are vested
in hi! b" the Constitution. (See Section 'H, '
st
sentence/
#eads of e7ecutive depart!ents
A!bassadors5 other public !inisters
and consuls
Jfficers of the ar!ed forces fro!
ran. of colonel or naval captain
Article V$$$5 Section ) provides that
the President appoints !e!ber of the
SC and 3ud/es of lower courts
'he President also appoints
!e!bers of &BC5 chair!en and
!e!bers of the constitutional
co!!issions 9art )5B5 Sec (91:G C5
Section (91::5 the J!buds!an and
his deputies 9art ((5 sec ):.
Appoint!ent of Sectoral
,epresentatives 9art (* sec +:
9QuintosEDeles v. Co!!ission on
Appoint!ents:
1. 'hose who! he !a" be authori0ed b" law
(Section 'H, E
nd
sentence/
2. An" other officers of the /overn!ent whose
appoint!ents are not otherwise provided b"
law 9Constitution or statutes:. (Section 'H, E
nd
sentence/
Si*nificance of enu&e(ation in Section 3:' 3
st
sentence. 'he enu!eration !eans that Con/ress
!a" not /ive to an" other officer the power to
appoint the above enu!erated officers.
2CC
-. Appoint&ents nee!in* t#e Confi(&ation of CA
CA Con#irmation
12clusie 7ist
&##
,ernas Primer at &#+ (2##+ ed.*
++
SCHOOL OF LAW
ARIS S. MANGUERA
3. W#at appoint&ents nee! confi(&ation ) t#e
Co&&ission on Appoint&ents, 9())) Bar Q:
'hose enu!erated in the (
st
sentence of Section
(>=
(. #eads of e7ecutive depart!ents
1. A!bassadors5 other public !inisters and
consuls
2. Jfficers of the ar!ed forces fro! ran. of
colonel or naval captain
6. 'hose other officers whose appoint!ents
are vested in hi! in the Constitution.
(Sa(&iento ". Mison/ (0ote: Although the
power to appoint ;ustices, ?udges,
3mbudsman and his deputies is ested in
the +resident, such appointments !o not
nee! con#irmation by the Commission on
Appointments/
W#) f(o& (an9 of colonel. 'he provision
hopefull" will have the effect of stren/thenin/
civilian supre!ac" over the !ilitar"
2C(
'o so!e
e7tent5 the decision of the Co!!ission was
influenced b" the observation that coups are
/enerall" led b" colonels.
2C1
Milita() office(s. 'he clause Aofficers of the
ar!ed forces fro! the ran. of colonel or naval
captainB refers to !ilitar" officers alone.
#ence5 pro!otion and appoint!ent of officers
of Philippine Coast Guard which is under the
DJ'C 9and not under the A-P:5 do not need
the confir!ation of Co!!ission on
Appoint!ents. 9Soriano v. Lista5 1CC2: Also5
pro!otion of senior officers of the PDP is not
sub3ect to confir!ation of CA. PDP are not
!e!bers of the A-P. 9;analo v. Sisto0a5
())):
C#ai(&an of C0R. 'he appoint!ent of the
Chair!an of the Co!!ission on #u!an
,i/hts is not provided for in the Constitution or
in the law. 'hus5 there is no necessit" for such
appoint!ent to be passed upon b" the
Co!!ission on Appoint!ents. 9Bautista v.
Salon/a:
2. E@clusi"e list
'he Con/ress cannot b" law re<uire the
confir!ation of appoint!ents of /overn!ent
officials other than those enu!erated in the first
sentence of Section (> of Article V$$. 9Calderon v.
Carale:
/. Steps in t#e Appointin* P(ocess Dw#e(e COA
confi(&ation is nee!e!E
(. Do!ination b" the President
1. Confir!ation of the Co!!ission on Appoint!ents
&#1
&#2
00 =9C;=D &$47&$%.
2. $ssuance of the Co!!ission
Acceptance. An appoint!ent is dee!ed co!plete
onl" upon its acceptance. Pendin/ such
acceptance5 the appoint!ent !a" still be
withdrawn. 9Lacson v. ,o!ero:
Appoint!ent to a public office cannot be forced
upon an" citi0en e7cept for purposes of defense of
the State under Article $$ Section 6.
0. Appoint&ent of Office(s Lowe( in Ran9
Section (> 92
rd
sentence of first para/raph:
'he Con/ress !a"5 b" law5 vest the appoint!ent of
other officers lower in ran. in the P(esi!ent alone5 in
the courts5 or in the heads of depart!ents5 a/encies5
co!!issions5 or boards.
Si*nificance of t#e p#(ase ;t#e P(esi!ent
alone?. Alone !eans to the e7clusion of the courts5
the heads of depart!ents5 a/encies5 co!!issions
or boards.
2C2
Appointin/ authorit" !a" also be /iven to other
officials. 'hus Section (> sa"s= A'he Con/ress
!a"5 b" law5 vest the appoint!ent of other officers
lower in ran. in the President alone5 in the courts5
or in the heads of depart!ents5 a/encies5
co!!issions5 or boards.B $n 9u#ino 1ndriga
4GF
interpreted this to !ean that5 when the authorit" is
/iven to colle/ial bodies5 it is to the chair!an that
the authorit" is /iven. But he can appoint onl"
officers Alower in ran.5B and not officers e<ual in
ran. to hi!. 'hus a Chair!an !a" not appoint a
fellow !e!ber of a Board.
I. Li&itations on t#e P(esi!entLs Appointin* Powe(
Section 3A. Appoint!ents e7tended b" an Actin/
President shall re!ain effective5 unless revo.ed b" the
elected President within ninet" da"s fro! his
assu!ption or reassu!ption of office.
Section 3B. 'wo !onths i!!ediatel" before the ne7t
presidential elections and up to the end of his ter!5 a
President or Actin/ President shall not !a.e
appoint!ents5 e7cept te!porar" appoint!ents to
e7ecutive positions when continued vacancies therein
will pre3udice public service or endan/er public safet".
Special Li&itations
'. 3Anti=Nepotism Provision4 'he President
!a" not appoint his spouse and relatives b"
consan/uinit" or affinit" within the fourth civil
de/ree as ;e!bers of the Constitutional
Co!!ission5 as J!buds!an5 or as
Secretaries5 4ndersecretaries5 chair!en or
&#&
,ernas Commentar-, p 24/ (2##& ed*.3 'he earlier view of Fr.
,ernas confirmed b- !armiento v. 4ison, was that the retention of
the phrase BPresident aloneC was an oversight.
&#4
G.R. No. 139554, July 21, 2006.
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SCHOOL OF LAW
ARIS S. MANGUERA
heads of Bureaus or offices5 includin/
/overn!ent ownedEorEcontrolled corporations.
DSection :?4
E. Appoint!ents e7tended b" an actin/ President
shall re!ain effective unless revo.ed b" the
elected President within )C da"s for! his
assu!ption of office. 3Section :94
4. 3Mi!ni#ht Appointments4'wo !onths
i!!ediatel" before the ne7t presidential
elections and up to the end of his ter!5 a
President or actin/ President shall not !a.e
appoint!ents e7cept for te!porar"
appoint!ents to e7ecutive positions when
continued vacancies therein will pre3udice
public service or endan/er public safet".
DSection :F4
F. 'he President shall have the power to !a.e
appoint!ents durin/ the recess of the
Con/ress5 whether voluntar" or co!pulsor"5
but such appoint!ents shall be effective onl"
until disapproval b" the CA or until the ne7t
ad3ourn!ent of Con/ress. 3Section :G par& ;4
Rule =Section 3B> applies in t#e
appoint&ents in t#e 4u!icia(). 'wo
!onths i!!ediatel" before the ne7t
presidential elections and up to the end of
his ter!5 a President or Actin/ President
shall not !a.e appoint!ents5 e7cept
te!porar" appoint!ents to e7ecutive
positions when continued vacancies therein
will pre3udice public service or endan/er
public safet". Since the e7ception applies
onl" to e7ecutive positions5 the prohibition
covers appoint!ents to the 3udiciar".
2C8
Durin/ this period H1 !onths i!!ediatel"
before the ne7t presidential electionsKI5 the
President is neither re<uired to !a.e
appoint!ents to the courts nor allowed to do
so.
Section 69(: and ) of Article V$$$ si!pl"
!ean that the President is re<uired b" law to
fill up vacancies in the courts within the
sa!e ti!e fra!es provided therein unless
prohibited b" Section (8 of Article V$$.
hile the filin/ up of vacancies in the
3udiciar" is undoubtedl" in the public
interest5 there is no showin/ in this case of
an" co!pellin/ reason to 3ustif" the !a.in/
of the appoint!ents durin/ the period of the
ban. 9$n ,e Appoint!ent of ;ateo
Valen0uela5 ())*:
P(o"ision applies onl) to p(esi!ential
appoint&ents. 'he provision applies onl" to
presidential appoint!ents. 'here is no law
that prohibits local e7ecutive officials fro!
!a.in/ appoint!ents durin/ the last da"s of
their tenure. 9De ,a!a v. CA:
&#%
.n re3 Appointment of "alen&uela! A4 $27#%#1 !C, :ovember $,
1$$2.
Ot#e( Li&itations%
(. 'he presidential power of appoint!ent !a"
also be li!ited b" Con/ress throu/h its power
to prescribe <ualifications for public office.
1. 'he 3udiciar" !a" annul an appoint!ent !ade
b" the President if the appointee is not
<ualified or has not been validl" confir!ed.
2C>
4. Powe( of Re&o"al
'he President possesses the power of re!oval b"
i!plication fro! other powers e7pressl" vested in
hi!.
(. $t is i!plied fro! his power to appoint
1. Bein/ e7ecutive in nature5 it is i!plied
fro! the constitutional provision vestin/
the e7ecutive power in the President.
2. $t !a" be i!plied fro! his function to ta.e
care that laws be properl" e7ecutedG for
without it5 his orders for law enforce!ent
!i/ht not be effectivel" carried out.
4. 'he power !a" be i!plied fro the
President@s control over the ad!inistrative
depart!ents5 bureaus5 and offices of the
/overn!ent. ithout the power to
re!ove5 it would not be alwa"s possible
for the President to e7ercise his power of
control.
2C+
As a /eneral rule5 the power of re!oval !a" be
i!plied fro! the power of appoint!ent.
2C*
#owever5
the President cannot re!ove officials appointed b"
hi! where the Constitution prescribes certain
!ethods for separation of such officers fro! public
service5 e./.5 Chair!en and Co!!issioners of
Constitutional Co!!issions who can be re!oved
onl" b" i!peach!ent5 or 3ud/es who are sub3ect to
the disciplinar" authorit" of the Supre!e Court. $n
the cases where the power of re!oval is lod/ed in
the President5 the sa!e !a" be e7ercised onl" for
cause as !a" be provided b" law5 and in
accordance with the prescribed ad!inistrative
procedure.
Me&e(s of t#e ca(ee( se("ice. ;e!bers of the
career service of the Civil Service who are
appointed b" the President !a" be directl"
disciplined b" hi!. 9Villalu0 v. Paldivar: provided
that the sa!e is for cause and in accordance with
the procedure prescribed b" law.
&#+
Cru), Philippine Political "aw, p. 1$% (1$$% ed*.
&#/
!inco, Philippine Political "aw, p 2/% (1$%4ed*.3 6ut See An/E
An/co v. Castillo5 A!he power o# control is not the source o# the
12ecuties disciplinary power oer the person o# his
subordinates. 9ather, his disciplinary power #lows #rom his
power to appoint.B Bernas Pri!er at 2(2 91CC> ed:.
&#2
Cru), Philippine Political "aw, p. 1$+ (1$$% ed*.
+)
SCHOOL OF LAW
ARIS S. MANGUERA
Me&e(s of t#e Cainet. ;e!bers of the Cabinet
and such officers whose continuit" in office
depends upon the President !a" be replaced at
an" ti!e. 97egally speaking, their separation is
e##ected not by remoal but by e2piration o#
term.
4G(
/ 9See Ala3ar v. CA:
VI. Powe( of Cont(ol
Control
Control v& Supervision
,he Presi!ent an! Poer of Control
Alter e#o PrincipleD Doctrine of Bualifie! Political
A#enc'
Supervision over .6@s
,he ,a(e=Care Clause
Section 38. 'he President shall have control of all the
e7ecutive depart!ents5 bureaus5 and offices. #e shall
ensure that the laws be faithfull" e7ecuted.
A. Cont(ol
Control is the power of an officer to alter or !odif"
or nullif" or set aside what a subordinate officer
had done in the perfor!ance of his duties and to
substitute the 3ud/!ent of the for!er for that of the
latter.
2(C
$t includes the authorit" to order the doin/ of an act
b" a subordinate or to undo such act or to assu!e
a power directl" vested in hi! b" law.
2((
'he power
of control necessaril" includes the power of
supervision.
2(1
B. Cont(ol ". Supe("ision
Control is a stron/er power than !ere
supervision.
2(2
Supe("ision. Supervision !eans overseein/ or
the power or authorit" of an officer to see that
subordinate officer perfor!s their duties. $f the
latter fail or ne/lect to fulfill the!5 then the for!er
!a" ta.e such action or steps as prescribed b" law
to !a.e the! perfor! these duties.
2(6
8ernas +rimer: Power of Supervision is the power
of a superior officer to Aensure that the laws are
faithfull" e7ecutedB b" inferiors. 'he power of
supervision does not include the power of controlG
&#$
Cru), Philippine Political "aw, p. 1$/ (1$$% ed*.
&1#
4ondano v. !ilvosa
&11
Cru), Philippine Political "aw, p. 1$2 (1$$% ed*.
&12
,ernas Primer at &1& (2##+ ed.*
&1&
Cru), Philippine Political "aw, p. 1$2 (1$$% ed*.
&14
4ondano v. !ilvosa
but the power of control necessaril" includes the
power of supervision.
2(8
Control Supervision
An officer in control
la"s down the rules in
the doin/ of an act.
Supervision does not
cover the authorit" to
la" down the rules.
Supervisor or
superintendent !erel"
sees to it that the rules
are followed.
$f rules are not
followed5 he !a"5 in
his discretion5 order
the act undone5 reE
done b" his
subordinate or he
!a" decide to do it
hi!self.
$f the rules are not
observed5 he !a" order
the wor. done or reE
done but onl" to
confor! to the
prescribed rules. #e
!a" not prescribe his
own !anner for the
doin/ of the act. #e has
no 3ud/!ent on this
!atter e7cept to see to
it that the rules are
followed. 9Drilon v. Li!:
C. T#e P(esi!ent an! Powe( of Cont(ol
+ower o# Control o# the +resident
Scope
Section '* is sel#Be2ecuting
0ot a Source o# :isciplinary +owers
3. Powe( of Cont(ol of t#e P(esi!ent
HPower of ControlI has been /iven to the President
over all e7ecutive officers fro! Cabinet !e!bers to
the lowliest cler.. 'his is an ele!ent of the
presidential s"ste! where the President is Athe
E7ecutive of the /overn!ent.B
2(>
'he power of control vested in the President b" the
Constitution !a.es for a stron/l" centrali0ed
ad!inistrative s"ste!. $t reinforces further his
position as the e7ecutive of the /overn!ent5
enablin/ hi! to co!pl" !ore effectivel" with his
constitutional dut" to enforce laws. 'he power to
prepare the bud/et of the /overn!ent stren/thens
the President@s position as ad!inistrative head.
2(+
2. Scope
a. 'he President shall have control of all the
e7ecutive depart!ents5 bureaus5 and offices.
9Section (+:
. 'he President has control over officers of
GJCCs. 9DA;A,CJ v. Arca: 98ernas: It is
submitted that such power oer goernmentB
owned corporation comes not #rom the
&1%
&1+
,ernas Primer at &1# (2##+ ed.*
&1/
!inco, Philippine Political "aw, p 24& (1$%4ed*.
*C
SCHOOL OF LAW
ARIS S. MANGUERA
Constitution but #rom statute. &ence, it may also
be taken away by statute./
c. Cont(ol o"e( w#at, 'he power of control is
e7ercisable b" the President o"e( t#e acts of his
subordinates and not necessaril" over the
subordinate hi!self. 9An/Ean/co v. Castillo: $t
can be said that the while the E7ecutive has
control over the A3ud/!entB or AdiscretionB of his
subordinates5 it is the le/islature which has
control over their Aperson.B
2(*
!. 'heoreticall"5 the President has full control of
all the !e!bers of the Cabinet. #e !a" appoint
the! as he sees fit5 shuffle the! at pleasure5
and replace the! in his discretion without an"
le/al inhibition whatever.
2()
e. 'he President !a" e7ercise powers conferred
b" law upon Cabinet !e!bers or other
subordinate e7ecutive officers. 9Cit" of $li/an v.
Director of Lands: Even where the law provides
that the decision of the Director of Lands on
<uestions of fact shall be conclusive when
affir!ed b" the Sec of DED,5 the sa!e !a"5 on
appeal to the President5 be reviewed and
reversed b" the E7ecutive Secretar". 9LacsonE
;a/allanes v. Pano:
f. $t has been held5 !oreover5 that the e7press
/rant of the power of control to the President
3ustifies an e7ecutive action to carr" out the
reor/ani0ation of an e7ecutive office under a
broad authorit" of law.
21C
A reor/ani0ation can
involve the reduction of personnel5 consolidation
of offices5 or even abolition of positions b"
reason of econo!" or redundanc" of functions.
hile the power to abolish an office is /enerall"
lod/ed with the le/islature5 the authorit" of the
President to reor/ani0e the e7ecutive branch5
which !a" include such abolition5 is per!issible
under present laws.
21(
G. Section 38 is a selfHe@ecutin* p(o"ision
'he President derives power of control directl"
fro! the Constitution and not fro! an"
i!ple!entin/ le/islation. Such a law is in fact
unnecessar" and will even be invalid if it li!its the
e7ercise of his power or withdraws it alto/ether
fro! the President.
211
&12
&1$
Cru), Philippine Political "aw, p. 1$$ (1$$% ed*.
&2#
Anak Mindanao v. Eecutive Sec! @.=. :o. 1++#%2 , August 2$,
2##/3 Tondo Medical Center Employees v. CA. @.=. :o. 1+/&24,
1ul- 1/, 2##/3
&21
Malaria E!loy""# $. E%"&uti$" S"&r"tary, @.=. :o.
1+##$&, 1ul- &1, 2##/.
&22
Cru), Philippine Political "aw, p. 1$$ (1$$% ed*.
A. Powe( of Cont(ol is not t#e sou(ce of t#e
E@ecuti"eLs !isciplina() powe(
'he power of control is not the source of the
E7ecutive@s disciplinar" power over the person of
his subordinates. ,ather5 his disciplinar" power
flows fro! his power to appoint. 9An/EAn/co v.
Castillo:
212
D. Alte( E*o P(incipleK Doct(ine of .ualifie! Political
A*enc)
:octrine
,hen :octrine not Applicable
9eason #or the :octrine
+ower o# Control e2ercised by :epartment &eads
+ower o# Control e2ercised by 1S
Abakada Case
3. Doct(ine
'he doctrine reco/ni0es the establish!ent of a
sin/le e7ecutive. 'he doctrine postulates that5 AAll
e7ecutive and ad!inistrative or/ani0ations are
ad3uncts of the E7ecutive Depart!ent5 the heads of
the various e7ecutive depart!ents are assistants
and a/ents of the Chief E7ecutive5 and5 9e7cept in
cases where the Chief E7ecutive is re<uired b" the
Constitution or law to act in person or the
e7i/encies of the situation de!and that he act
personall"5: the !ultifarious e7ecutive and
ad!inistrative functions of the Chief E7ecutive are
perfor!ed b" and throu/h the e7ecutive
depart!ents5 and the acts of the secretaries of
such !epartments- performe! an! promul#ate!
in the re#ular course of %usiness- are- unless
!isapprove! or repro%ate! %' the Chief
E$ecutive presumptivel'- the acts of the Chief
E$ecutive7 (<illena . Sec. o# Interior/
Put si!pl"5 when a depart!ent secretar" !a.es a
decision in the course of perfor!in/ his or her
official duties5 the decision5 whether honorable or
dis/raceful5 is presu!ptivel" the decision of the
President5 unless he <uic.l" and clearl" disowns
it.
216
2. W#en Doct(ine not Applicale
Qualified political a/enc" does DJ' appl" if the
President is re<uired to act in person b" law or b"
the Constitution. E7a!ple= 'he power to /rant
pardons !ust be e7ercised personall" b" the
President.
G. Reason fo( t#e Doct(ine
Since the e7ecutive is a bus" !an5 he is not
e7pected to e7ercise the totalit" of his power of
control all the ti!e. #e is not e7pected to e7ercise
&2&
&24
Fr. ,ernas in his 0nFuirer column, BA @olden ;pportunit- for
@4AC.
httpA<<opinion.inFuirer.net<inFuireropinion<columns<viewHarticle.phpN
articleHidO1#/24%
*(
SCHOOL OF LAW
ARIS S. MANGUERA
all his powers in person. #e is e7pected to
dele/ate so!e of the! to !en of his confidence5
particularl" to !e!bers of his Cabinet. 'hus5 out of
this p(actical necessit) has risen what has co!e
to be referred to as Adoctrine of <ualified political
a/enc".B
218
A. Powe( of Cont(ol e@e(cise! ) Depa(t&ent
0ea!s in t#e P(esi!entLs Be#alf
'he President@s power of control !eans his power
to reverse the 3ud/!ent of an inferior officer. $t
!a" also be e7ercised in his behalf b" Depart!ent
#eads. 'hus the Secretar" of &ustice !a" reverse
the 3ud/!ent of a prosecutor and direct hi! to
withdraw an infor!ation alread" filed. Such action
is not directl" reviewable b" a court. Jne who
disa/rees5 however5 !a" should appeal to the
Jffice of the President in order to e7haust
ad!inistrative re!edies prior to brin/ it to court.
21>
B. Powe( of Cont(ol e@e(cise! ) t#e ES
'he E7ecutive Secretar" when actin/ Ab" authorit"
of the PresidentB !a" reverse the decision of
another depart!ent secretar". 9LacsonE;a/allanes
v. Pano:
21+
:. Aa9a!a Case
Petitioners ar/ue that the EVA' law is
unconstitutional5 as it constitutes abandon!ent b"
Con/ress of its e7clusive authorit" to fi7 the rate of
ta7es and nullififed the President@s power of control
b" !andatin/ the fi7in/ of the ta7 rate b" the
President upon the reco!!endation of the
Secretar" of -inance. 'he SC ruled that the
Secretar" of -inance can act as a/ent of the
Le/islative Depart!ent to deter!ine and declare
the event upon which its e7pressed will is to ta.e
effect. #is personalit" in such instance is in realit"
but a pro3ection of that of Con/ress. 'hus5 bein/
the a/ent of Con/ress and not of the President5 the
President cannot alter or !odif" or nullif"5 or set
aside the findin/s of the Secretar" of -inance and
to substitute the 3ud/!ent of the for!er to the
latter.
21*
9Aba.ada Guro v. ES5 1CC8:
E. Powe( of Supe("ision o"e( L/$s
'he power of the President over local /overn!ents
is onl" one of /eneral supervision.
21)
9See Article S5
Sections 6 and (>:
&2%
,ernas Commentar-, p 2%/ (2##& ed*.
&2+
Orosa v. $oa! @= 14#4/, 1ul- 14, 2##+3 9E:$ v. 9E:$
Employees! @.=. :o. 14$/24. August 1$, 2##&
&2/
!ee the case of :eri v. !enate Committee on the authorit- of 9!
to invo6e 9.ecutive 0mmunit-. 7asm
&22
!an ,eda College of "aw, 2##2 Centrali)ed ,ar ;perations,
Political "aw =eviewer, p. 2$.
&2$
'he President can onl" interfere in the affairs and
activities of a local /overn!ent unit if he finds that
the latter had acted contrar" to law. 9&ud/e Dadole
v. CJA:
A law 9,A +(>C Sec (*+: which authori0es the
Secretar" of &ustice to review the constitutionalit"
of le/alit" of a ta7 ordinanceNand if warranted5 to
revo.e it on either or both /roundsNis valid5 and
does not confer the power of control over local
/overn!ent units in the Secretar" of &ustice5 as
even if the latter can set aside a ta7 ordinance5 he
cannot substitute his own 3ud/!ent for that of the
local /overn!ent unit. 9Drilon v. Li!:
-. -ait#ful E@ecution ClauseK Ta9e Ca(e Clause
'he power to ta.e care that the laws be faithfull"
e7ecuted !a.es the President a do!inant fi/ure in
the ad!inistration of the /overn!ent.
22C
'he President shall ensure that the laws be
faithfull" e7ecuted. 9Section (+ 1
nd
sentence: 'he
law he is supposed to enforce includes the
Constitution5 statutes5 3udicial decisions5
ad!inistrative rules and re/ulations and !unicipal
ordinances5 as well as treaties entered into b"
/overn!ent.
22(
'his power of the President is not li!ited to the
enforce!ent of acts of Con/ress accordin/ to their
e7press ter!s. 'he President@s power includes Athe
ri/hts and obli/ations /rowin/ out of the
Constitution itself5 international relations5 and all
the protection i!plied b" the nature of the
/overn!ent under the Constitution.
221
'he reverse side of the power to e7ecute the law is
the duty to carr" it out. 'he President cannot refuse
to carr" out a law for the si!ple reason that in his
3ud/!ent it will not be beneficial to the people.
222
As the Supre!e Court pointed out5 Aafter all we still
live under a rule of law.B
$t has been su//ested that the President is not
under obli/ation to enforce a law which in his belief
is unconstitutional because it would create no
ri/hts and confer no duties bein/ totall" null and
void. 'he better view is that it is not for hi! to
deter!ine the validit" of a law since this is a
<uestion e7clusivel" addressed to the 3udiciar".
#ence5 until and unless a law is declared
unconstitutional5 the President has a dut" to
e7ecute it re/ardless of his doubts on its validit". A
contrar" opinion would allow hi! not onl" to ne/ate
&&#
Cru), Philippine Political "aw, p. 2#& (1$$% ed*.
&&1
&&2
0n =e :eagle, 1&% ?! 1 (12$#*. ,ernas Commentar-, p 2+&
(2##& ed*.
&&&
,ernas Commentar-, p 2+& (2##& ed*
*1
SCHOOL OF LAW
ARIS S. MANGUERA
the will of le/islature but also to encroach upon the
prero/atives of the 3udiciar".
226
VII. Milita() Powe(1E&e(*enc) Powe(s
,he Militar' Poer
.imitations on Militar' Poer
Comman!er=in=Chief ClauseA Callin# Out Poer
Suspension of the Privile#e
Martial .a
Section 37. 'he President shall be the Co!!anderEinE
Chief of all ar!ed forces of the Philippines and
whenever it beco!es necessar"5 he !a" call out such
ar!ed forces to prevent or suppress lawless violence5
invasion or rebellion. $n case of invasion or rebellion5
when the public safet" re<uires it5 he !a"5 for a period
not e7ceedin/ si7t" da"s5 suspend the privile/e of the
writ of habeas corpus or place the Philippines or an"
part thereof under !artial law. ithin fort"Eei/ht hours
fro! the procla!ation of !artial law or the suspension
of the privile/e of the writ of habeas corpus5 the
President shall sub!it a report in person or in writin/ to
the Con/ress. 'he Con/ress5 votin/ 3ointl"5 b" a vote of
at least a !a3orit" of all its ;e!bers in re/ular or
special session5 !a" revo.e such procla!ation or
suspension5 which revocation shall not be set aside b"
the President. 4pon the initiative of the President5 the
Con/ress !a"5 in the sa!e !anner5 e7tend such
procla!ation or suspension for a period to be
deter!ined b" the Con/ress5 if the invasion or rebellion
shall persist and public safet" re<uires it.
'he Con/ress5 if not in session5 shall5 within twent"E
four hours followin/ such procla!ation or suspension5
convene in accordance with its rules without need of a
call.
'he Supre!e Court !a" review5 in an appropriate
proceedin/ filed b" an" citi0en5 the sufficienc" of the
factual basis of the procla!ation of !artial law or the
suspension of the privile/e of the writ or the e7tension
thereof5 and !ust pro!ul/ate its decision thereon
within thirt" da"s fro! its filin/.
A state of !artial law does not suspend the operation
of the Constitution5 nor supplant the functionin/ of the
civil courts or le/islative asse!blies5 nor authori0e the
confer!ent of 3urisdiction on !ilitar" courts and
a/encies over where civil courts are able to function5
nor auto!aticall" suspend the privile/e of the writ.
'he suspension of the privile/e of the writ shall appl"
onl" to persons 3udiciall" char/ed for rebellion or
offenses inherent in or directl" connected with invasion.
Durin/ the suspension of the privile/e of the writ5 an"
person thus arrested or detained shall be 3udiciall"
char/ed within three da"s5 otherwise he shall be
released.
A. T#e Milita() Powe( 9()*+ Bar Question:
Section (* bolsters the principle announced in
Article $$5 Section 2 that Acivilian authorit" is at all
ti!es5 supre!e over the !ilitar".B B" !a.in/ the
President the co!!anderEinEchief of all the ar!ed
forces5 the Constitution lessens the dan/er of a
&&4
!ilitar" ta.eEover of the /overn!ent in violation of
its republican nature.
228
Section (* /rants the President5 as Co!!anderE
inEChief5 a se<uence of /raduated powers. -ro!
the !ost to the least beni/n5 these are= the callin/
out power5 the power to suspend the privile/e of
the writ of habeas corpus5 and the power to declare
!artial law. 9Sanla.as v. E7ecutive Secretar":
'he poer of the sor! !a.es the President the
!ost i!portant fi/ure in the countr" in ti!es of war
or other si!ilar e!er/enc".
22>
$t is because the
sword !ust be wielded with coura/e and resolution
that the President is /iven vast powers in the
!a.in/ and carr"in/ out of !ilitar" decisions.
22+
'he !ilitar" power enables the President to=
(. Co!!and all the ar!ed forces of the
PhilippinesG
1. Suspend the privile/e of the writ of
habeas corpus
2. Declare !artial law
B. Li&itations on Milita() Powe(
GG7
9()*+5 1CCC Bar
Question:
(. #e !a" call out the ar!ed forces to prevent or
suppress lawless iolence, inasion or rebellion
onl".
1. 'he /rounds for the suspension of the
privile/e of the writ of habeas corpus and the
procla!ation of !artial law are now li!ited onl" to
inasion or rebellion.
2. 'he duration of such suspension or
procla!ation shall not e7ceed si2ty days5 followin/
which it shall be auto!aticall" lifted.
6. ithin #ortyBeight hours after such suspension
or procla!ation5 the President shall personall" or in
writin/ report his action to the Con/ress. $f not in
session5 Con/ress !ust convene within 16 hours.
8. 'he Con/ress !a" then5 b" ma?ority otes o#
all its members oting ?ointly, revo.e his action. 'he
revocation !a" not set aside b" the President.
>. B" the sa!e vote and in the sa!e !anner5 the
Con/ress !a"5 upon initiative of the President5
e7tend his suspension or procla!ation for a period
to be deter!ined b" the Con/ress if the invasion or
rebellion shall continue and the public safet"
re<uires e7tension.
+. 'he action of the President and the Con/ress
shall be sub3ect to review b" the Supre!e Court
which shall have the authorit" to deter!ine the
sufficienc" of the factual basis of such action. 'his
!atter is no lon/er considered a political <uestion
and !a" be raised in an appropriate proceedin/ b"
any citi0en. ;oreover5 the Supre!e Court !ust
&&%
Cru), Philippine Political "aw, p. 2#4 (1$$% ed*.
&&+
Cru), Philippine Political "aw, p. 2#% (1$$% ed*.
&&/
Cru), Philippine Political "aw, p. 2#% (1$$% ed*.
&&2
*2
SCHOOL OF LAW
ARIS S. MANGUERA
decide the challen/e within thirty days fro! the
ti!e it is filed.
*. ;artial law does not auto!aticall" suspend the
privile/e of the writ of habeas corpus or the
operation of the Constitution. 'he civil courts and
the le/islative bodies shall re!ain open. ;ilitar"
courts and a/encies are not conferred 3urisdiction
over civilians where the civil courts are functionin/.
). 'he suspension of the privile/e of the writ of
habeas corpus shall appl" onl" to persons facin/
char/es of rebellion or o##enses inherent in or
directly connected with inasion.
(C. An" person arrested for such offenses !ust be
3udiciall" char/ed therewith within three days.
Jtherwise shall be released.
C. Co&&an!e(HinHC#ief ClauseK Callin* Out Powe(
+ower oer the military
Ciilian Supremacy
CallingBout +ower
'he President shall be the Co!!anderEinEChief of all
ar!ed forces of the Philippines and w#ene"e( it
eco&es necessa()5 he !a" call out such ar!ed forces
to prevent or suppress lawless violence5 invasion or
rebellion. 9Section (*5 (
st
sentence:
3. Powe( o"e( t#e Milita().
'he President has absolute authorit" over all
!e!bers of the ar!ed forces. 9Gudani v. Sen/a5
1CC>: #e has control and direction over the!. As
Co!!anderEinEchief5 he is authori0ed to direct the
!ove!ents of the naval and the !ilitar" forces
placed b" law at his co!!and5 and to e!plo" the!
in !anner he !a" dee! !ost effectual to harass
and con<uer and subdue the ene!".
22)
Since the President is co!!anderEinEchief of the
Ar!ed -orces she can de!and obedience fro!
!ilitar" officers. ;ilitar" officers who disobe" or
i/nore her co!!and can be sub3ected to court
!artial proceedin/. 'hus5 for instance5 the
President as Co!!ander in Chief !a" prevent a
!e!ber of the ar!ed forces fro! testif"in/ before
a le/islative in<uir". A !ilitar" officer who disobe"s
the President@s directive !a" be !ade to answer
before a court !artial. Since5 however5 Con/ress
has the power to conduct le/islative hearin/s5
Con/ress !a" !a.e use of re!edies under the
law to co!pel attendance. An" !ilitar" official
who! Con/ress su!!ons to testif" before it !a"
be co!pelled to do so b" the President. $f the
President is not so inclined5 the President !a" be
co!!anded b" 3udicial order to co!pel the
attendance of the !ilitar" officer. -inal 3udicial
orders have the force of the law of the land which
the President has the dut" to faithfull" e7ecute.
26C
&&$
,ernas Commentar-, p 2++ (2##& ed* citing Fleming v. Page.
&4#
Gudani v. Sen%a! @.=. :o. 1/#1+%, April 1%. 2##+.
2. Ci"ilian Sup(e&ac) DBe(nasian "iewE
Is the Presi!ent a mem%er of the arme!
forcesE
Dic#oto&) of "iews%
Sinco" 'he President is not onl" a civil official.
As co!!anderEinEchief of all ar!ed forces5 the
President is also a !ilitar" officer. 'his dual role
/iven b" the Constitution to the President is
intended to insure that the civilian controls the
!ilitar".
26(
)ernas" 'he wei/ht of authorit" favors the
position that the President is not a !e!ber of
the ar!ed forces but re!ains a civilian.
'he President@s duties as Co!!anderEinEChief
represent onl" a part of the or/anic duties
i!posed upon hi!. All his other functions are
clearl" civil in nature.
#e is elected as the hi/hest civilian officer
#is co!pensation is received for his
services rendered as President of the
nation5 not for the individual part of his
dutiesG no portion of its is paid fro! su!s
appropriated for the !ilitar" or naval forces.
#e is not sub3ect to court !artial or other
!ilitar" discipline
'he Constitution does not re<uire that the
President !ust be possessed of !ilitar"
trainin/ and talents.
'his position in fact5 is the onl" one co!patible
with Article $$5 Section 25 which sa"sB ACivilian
authorit" is at all ti!es5 supre!e over the
!ilitar".B 'he net effect thus of Article $$5 Section2
when read with Article V$$5 Section (* is that a
ciilian +resident holds supreme military
authority and is the ceremonial, legal, and
administratie head o# the armed #orces.
261
G. Callin* Out Powe( un!e( Section 37 91CC> Bar
Question:
Most 8enign power o# Section ')
Lse o# Calling 3ut +ower <ests 0o Constitutional
or Statutory +owers
:eclaration o# State o# 9ebellion
:eclaration o# State o# 0ational 1mergency
Calling out +ower and ;udicial 9eiew
a. Most Beni*n powe( of Section 37. 'he
di!inution of an" constitutional ri/hts throu/h the
suspension of the privile/e of the writ or the
declaration of !artial law is dee!ed as Astron/
!edicineB to be used sparin/l" and onl" as a last
resort5 and for as lon/ as onl" trul" necessar".
'hus5 the invocation of the Acallin/ outB power
stands as a balanced !eans of enablin/ a
hei/htened alertness in dealin/ with the ar!ed
threat5 but without havin/ to suspend an"
&41
!inco, Philippine Political "aw, p 2+1 (1$%4ed*.
&42
,ernas Commentar-, p 2+% (2##& ed*.
*6
SCHOOL OF LAW
ARIS S. MANGUERA
constitutional or statutor" ri/hts or cause the
creation of an" new obli/ations.
. Vests no new constitutional o( statuto()
powe(s. -or the utili0ation of the Acallin/ outB
power alone cannot vest unto the President an"
new constitutional or statutor" powers5 such as the
enact!ent of new laws. At !ost5 it can onl" renew
e!phasis on the dut" of the President to e7ecute
alread" e7istin/ laws without e7tendin/ a
correspondin/ !andate to proceed e7traE
constitutionall" or e7traEle/all". $ndeed5 the Acallin/
outB power does not authori0e the President or the
!e!bers of the Ar!ed -orces to brea. the law.
c. Decla(ation of State of Reellion. Declaration
of the state of rebellion is within the callin/Eout
power of the President. hen the President
declares a state of e!er/enc" or a state of
rebellion her action is !erel" a description of the
situation as she sees it but it does not /ive her new
powers. 'he declaration cannot di!inish or violate
constitutionall" protected ri/hts. 9Sanla.as v.
E7ecutive Secretar"5 G.,. Do. (8)C*85 -ebruar"
25 1CC6.:
!. Decla(ation of a ;state of national
e&e(*enc)?. 'he President can validl" declare a
state of national e!er/enc" even in the absence of
con/ressional enact!ent. 9David v. Er!ita: 91CC>
Bar Question:
PP 3J38 case
-acts= Jn -ebruar" 165 1CC>5 President Arro"o
issued Presidential Procla!ation (C(+ declarin/ a
state of national e!er/enc". 'he Solicitor General
enu!erated the followin/ events that lead to the
issuance of PP(C(+=
(. Escape of ;a/dalo /roup and their
audacious threat of the ;a/dalo DEda"
1. 'he defecations in the ;ilitar"5 particularl" in
the Phil. ;arines
2. ,eprovin/ state!ents of the co!!unist
leaders
6. ;inutes of the $ntelli/ence ,eport and
Securit" Group of the Philippine Ar!"
showin/ the /rowin/ alliance between the
DPA and the !ilitar".
Di! P/MA *(a"el) ause #e( !isc(etion in
callin# out t#e A-P,
DJ. Section (* /rants the President the calling
out power. 'he onl" criterion for the e7ercise is
that Awhenever it beco!es necessar"B5 the
President !a" call the ar!ed forces Ato prevent or
suppress lawless violence5 invasion or rebellionB
'hese conditions are present in this case.
Considerin/ the circu!stances then prevailin/
PG;A found it necessar" to issue PP(C(+. Jwin/
to her Jffice@s vast intelli/ence networ.5 she is in
the best position to deter!ine the actual condition
in her countr". PP:H:I is constitutional insofar
as it constitutes a call %' P6MA on the A+P to
prevent or suppress laless violence&
e. P(esi!entLs action in callin* out t#e a(&e!
fo(ces' an! +u!icial (e"iew. $t !a" be /athered
fro! the broad /rant of power that the actual use to
which the President puts the ar!ed forces5 is
unli.e the suspension of the privile/e of writ of
habeas corpus5 not sub3ect to 3udicial review.
262
But' waitN hile the Court considered the
President@s Acallin/EoutB power as a discretionar"
power solel" vested in his wisdo! and that it
cannot be called upon to overrule the President@s
wisdo! or substitute its own5 it stressed that Athis
does not prevent an e7a!ination of whether such
power was e7ercised within per!issible
constitutional li!its or whether it was e7ercised in a
!anner constitutin/ /rave abuse of discretion. 9$BP
v. Pa!ora: &udicial in<uir" can go no #urther than to
satisf" the Court not that the President@s decision is
correct, but that Athe President did not act
arbitrarily.B 'hus5 the standard is not correctness5
but arbitrariness. $t is incu!bent upon the petitioner
to show that the President@s decision is totall"
bereft of factual basisB and that if he fails5 b" wa" of
proof5 to support his assertion5 then Athis Court
cannot underta.e an independent investi/ation
be"ond the pleadin/s. 9I)P v& Jamora cite! in
Davi! v& Arro'o:
D. Suspension of t#e P(i"ile*e
,rit o# &abeas Corpus
+riilege o# the ,rit o# &abeas Corpus
Suspension o# the +riilege, Meaning
6eneral 7imitations on the power to Suspend
!o whom Applicable
1##ect on Applicable +ersons
6rounds
:uration
-our ,ays to 7i#t the Suspension
:uty o# the +resident
9ole o# Congress
9ole o# the Supreme Court
3. W(it of 0C
T#e w(it. 'he writ of habeas corpus is a writ
directed to the person detainin/ another5
co!!andin/ hi! to produce the bod" of the
prisoner at a desi/nated ti!e and place5 with the
da" and cause of his caption and detention5 to do5
to sub!it to5 and receive whatever the court or
3ud/e awardin/ the writ shall consider in his behalf.
9Bouvier@s Law Dictionar": 9#ence5 an essential
re<uisite for the availabilit" of the writ is actual
deprivation of personal libert": (Simply put, a writ
o# habeas corpus is a rit of li%ert'/
&4&
,ernas Commentar-, p 2++ (2##& ed*
*8
SCHOOL OF LAW
ARIS S. MANGUERA
Pu(pose. 'he /reat ob3ect of which is the liberation
of those who !a" be in prison without sufficient
cause.
266
To w#at 0aeas Co(pus e@ten!s. E7cept as
otherwise provided b" law5 the writ of habeas
corpus shall e7tend to all cases of ille/al
confine!ent or detention b" which an" person is
deprived of his libert"5 or b" which the ri/htful
custod" of an" person is withheld fro! the person
entitled thereto. 9,ule (C15 Section ( or ,ules of
CJurtt:
2. P(i"ile*e of t#e w(it of 0C
P(i"ile*e. $t is the ri/ht to have an i!!ediate
deter!ination of the le/alit" of the deprivation of
ph"sical libert".
G. Suspension of t#e p(i"ile*e.
$n case of invasion or rebellion5 when the public
safet" re<uires it5 Ht#e P(esi!entI !a"5 for a period
not e7ceedin/ si7t" da"s5 suspend the privile/e of
the writ of habeas corpus.
Suspension of t#e P(i"ile*e' Meanin*.
Suspension of the privile/e does not suspend the
writ itself5 but onl" it@s priilege. 'his !eans that
when the court receives an application for the writ5
and it finds the petition in proper for!5 it will issue
the writ as a !atter of course5 i.e.5 the court will
issue an order co!!andin/ the production before
the court of the person alle/edl" detained5 at a ti!e
and place stated in the order5 and re<uirin/ the true
cause of his detention to be shown to the court. $f
the return to the writ shows that the person in
custod" was apprehended and detained in areas
where the privile/e of the writ has been suspended
or for cri!es !entioned in the e7ecutive
procla!ation5 the court will suspend further
proceedin/s in the action.
268
9())+ Bar Question:
-acts% Clai!in/ the" were ille/all" arrested without
an" warrant of arrest5 petitioners sued several
officers of the A-P for da!a/es. 'he officers of the
A-P ar/ued that the action was barred since the
suspension of the privile/e of the writ of habeas
corpus precluded 3udicial in<uir" into the le/alit" of
their detention.
0el!% 'he contention of A-P officers has not !erit.
'he suspension of the privile/e of the writ of habeas
corpus does not render valid an otherwise ille/al
arrest or detention. W#at is suspen!e! is &e(el)
t#e (i*#t of in!i"i!ual to see9 (elease f(o&
!etention t#(ou*# t#e w(it of ha%eas corpus.
4FH
9Aberca v. Ver5 (>C SC,A 8)C:
&44
4oran, =ules of Court, ol. 00, 4$$.
&4%
Cru), Philippine Political "aw, p. 21# (1$$% ed*.
&4+
1acinto 1imene), Political "aw Compendium, &22 (2##+ ed.*
A. /ene(al Li&itations on t#e powe( to suspen!
t#e p(i"ile*e
(. 'i!e li!it of >C da"s
1. ,eview and possible revocation b" Con/ress
2. ,eview and possible nullification b" SC
26+
B. To w#o& Applicale
'he suspension of the privile/e of the writ shall
appl" onl" to persons 3udiciall" char/ed for
rebellion or offenses inherent in or directl"
connected with invasion.
:. Effect on Applicale Pe(sons
Durin/ the suspension of the privile/e of the writ5
an" person thus arrested or detained shall be
3udiciall" char/ed within three da"s5 otherwise he
shall be released. 9Article V$ Section (*:
'he suspension of the privile/e of the writ does not
i!pair the ri/ht to bail. 9Article $$$ Section (2:
8. D/(oun!sE -actual Bases fo( Suspen!in* t#e
P(i"ile*e 9())+ Bar Question:
(. $n case of invasion or rebellion
1. hen the public safet" re<uires it
7. Du(ation.
Dot to e7ceed si7t" da"s5 followin/ which it shall be
lifted5 unless e7tended b" Con/ress.
6. -ou( Wa)s to Lift t#e Suspension
(. Liftin/ b" the President hi!self
1. ,evocation b" Con/ress
2. Dullification b" the Supre!e Court
6. B" operation of law after >C da"s
3J. Dut) of t#e P(esi!ent
ithin fort"Eei/ht hours fro! the procla!ation of
!artial law or the suspension of the privile/e of the
writ of habeas corpus5 the President shall su&it a
(epo(t in pe(son o( in w(itin* to t#e Con*(ess.
33. Role of Con*(ess
a. Con/ress convenes
b. Con/ress !a" either revo(e or 9with President@s
initiative: e$ten!
Con*(ess con"enes. 'he Con/ress5 if not in
session5 shall5 within twent"Efour hours followin/
such procla!ation or suspension5 convene in
accordance with its rules without need of a call.
Con*(ess &a) (e"o9e. 'he Con/ress5 votin/
3ointl"5 b" a vote of at least a !a3orit" of all its
&4/
,ernas Primer at &12 (2##+ ed.*
*>
SCHOOL OF LAW
ARIS S. MANGUERA
;e!bers in re/ular or special session5 !a" revo.e
such procla!ation or suspension5 which revocation
shall not be set aside b" the President.
Con*(ess &a) e@ten!. 4pon the initiative of the
President5 the Con/ress !a"5 in the sa!e !anner5
e7tend such procla!ation or suspension for a
period to be deter!ined b" the Con/ress5 if the
invasion or rebellion shall persist and public safet"
re<uires it.
32. Role of Sup(e&e Cou(t
'he Supre!e Court !a" (e"iew' in an appropriate
proceedin/ filed b" an" citi0en5 the sufficienc) of
t#e factual asis of the procla!ation of !artial law
or the suspension of the privile/e of the writ or the
e7tension thereof5 and !ust pro!ul/ate its
decision thereon within thirt" da"s fro! its filin/.
E. Ma(tial Law
Martial 7aw, :e#inition (Lnder the '()* Constitution/
Martial 7aw, 0ature
+roclamation o# Martial 7aw
6eneral 7imits on the +ower to +roclaim.
1##ects o# +roclamation o# Martial 7aw
6rounds
:uration
-our ,ays to 7i#t the Suspension
:uty o# the +resident
9ole o# Congress
9ole o# the Supreme Court (3pen Court :octrine/
3. Ma(tial Law' Definition.
;artial law in its strict sense refers to that law
which has application when civil authorit" calls
upon the !ilitar" ar! to aid it in its civil function.
;ilitar" ar! does not supersede civil authorit".
;artial law in the Philippines is i!posed b" the
E7ecutive as specificall" authori0ed and within the
li!its set b" the Constitution.
26*
2. Ma(tial Law' Natu(e
a. Essentiall" police power
b. Scope of ;artial Law= -le7ible Concept
;artial law is essentiall) police powe(. 'his is
borne out of the constitutional te7t which sets down
Apublic safet"B as the ob3ect of the e7ercise of
!artial law. Public safet" is the concern of police
power.
hat is peculiar5 however5 about !artial law as
police power is that5 whereas police power is
nor!all" a function of the le/islature e7ecuted b"
the civilian e7ecutive ar!5 under !artial law5 police
&42
,ernas Commentar-, p 2/# (2##& ed*.
power is e7ercised b" the e7ecutive with the aid of
the !ilitar".
;artial law is a fle7ible concept. ;artial law
depends on two factual bases= 9(: the e7istence of
invasion or rebellionG and 91: the re<uire!ents of
public safet".
Necessit' creates the conditions for !artial law
and at the sa!e ti!e limits the scope of martial
la. Certainl"5 the necessities created b" a state of
invasion would be different fro! those created b"
rebellion. Decessaril"5 therefore the de/ree and
.ind of vi/orous e7ecutive action needed to !eet
the var"in/ .inds and de/rees of e!er/enc" could
not be identical under all conditions. (!he common
denominator o# all e2ercise by an e2ecutie o##icer
o# the discretion and ?udgment normally e2ercised
by a legislatie or ?udicial body./
G. P(ocla&ation of Ma(tial Law
$n case of invasion or rebellion5 when the public
safet" re<uires it5 Ht#e P(esi!entI !a"5 for a period
not e7ceedin/ si7t" da"s5 suspend the privile/e of
the writ of habeas corpus or place the Philippines
or an" part thereof under !artial law.
.% $s PP (C(+ actuall" a declaration of ;artial
lawR
A% Do. $t is !erel" an e7ercise of PG;A@s
callin/Eout power for the ar!ed forces to assist
her in preventin/ or suppressin/ lawless
violence. $t cannot be used to 3ustif" act that
onl" under a valid of declaration of ;artial Law
can be done. 9David v. HEr!itaI:
A. /ene(al Li&itations on t#e powe( to p(oclai&
(. 'i!e li!it of >C da"s
1. ,eview and possible revocation b" Con/ress
2. ,eview and possible nullification b" SC
26)
B. Effects of P(ocla&ation of Ma(tial Law
A State of &a(tial law !oes not=
(. Suspend the operation of the Constitution
1. Supplant the functionin/ of the civil courts or
le/islative asse!blies
2. Authori0e the confer!ent of 3urisdiction on
!ilitar" courts and a/encies over where civil
courts are able to function
6. Auto!aticall" suspend the privile/e of the writ.
9Section (*:
Open Cou(t Doct(ine. Civilians cannot be
tried b" !ilitar" courts if the civil courts are
open and functionin/. 9Jla/uer v. ;ilitar"
Co!!ission:
&4$
*+
SCHOOL OF LAW
ARIS S. MANGUERA
T#e P(esi!ent can= (!his is based on L+ and 8eda
EGG) 8ar 9eiewers> 8ut see e2cerpt #rom 8ernas
Commentary/
(. Le/islate
1. Jrder the arrest of people who obstruct the
war effort.
8ernas Commentary: 'he state!ent that !artial law does
not Asupplant the functionin/ of Kle/islative asse!bliesB
!eans that ordinar" le/islation continues to belon/ to the
le/islative bodies even durin/ !artial law. Does this
mean that the martial la a!ministrator is ithout
poer to le#islateE
A: $n actual theater of war5 the !artial law ad!inistrator@s
word is law5 within the li!its of the Bill of ,i/hts. But
outside the theater of war5 the operative law is ordinar"
law.
:. /(oun!sK -actual Bases fo( t#e P(ocla&ation
(. $n case of invasion or rebellion
1. hen the public safet" re<uires it
8. Du(ation
Dot to e7ceed si7t" da"s5 followin/ which it shall be
lifted5 unless e7tended b" Con/ress.
7. -ou( Wa)s to Lift t#e P(ocla&ation
(. Liftin/ b" the President hi!self
1. ,evocation b" Con/ress
2. Dullification b" the Supre!e Court
6. B" operation of law after >C da"s
6. Dut) of t#e P(esi!ent
ithin fort"Eei/ht hours fro! the procla!ation of
!artial law or the suspension of the privile/e of the
writ of habeas corpus5 the President shall su&it a
(epo(t in pe(son o( in w(itin* to t#e Con*(ess.
3J. Role of Con*(ess
a. Con/ress convenes
b. Con/ress !a" either revo(e or 9with President@s
initiative: e$ten!
Con*(ess con"enes. 'he Con/ress5 if not in
session5 shall5 within twent"Efour hours followin/
such procla!ation or suspension5 convene in
accordance with its rules without need of a call.
Con*(ess &a) (e"o9e. 'he Con/ress5 votin/
3ointl"5 b" a vote of at least a !a3orit" of all its
;e!bers in re/ular or special session5 !a" revo.e
such procla!ation or suspension5 which revocation
shall not be set aside b" the President.
Con*(ess &a) e@ten!. 4pon the initiative of the
President5 the Con/ress !a"5 in the sa!e !anner5
e7tend such procla!ation or suspension for a
period to be deter!ined b" the Con/ress5 if the
invasion or rebellion shall persist and public safet"
re<uires it.
33. Role of Sup(e&e Cou(t 91CC> Bar Question:
'he Supre!e Court !a" (e"iew' in an appropriate
proceedin/ filed b" an" citi0en5 the sufficienc) of
t#e factual asis of the procla!ation of !artial law
or the suspension of the privile/e of the writ or the
e7tension thereof5 and !ust pro!ul/ate its
decision thereon within thirt" da"s fro! its filin/.
VIII. Powe( of E@ecuti"e Cle&enc)
Poer of E$ecutive Clemenc'
Purpose for the 6rant of Poer
+orms of E$ecutive Clemenc'
Constitutional .imits on E$ecutive Clemenc'
Par!on
Amnest'
A!ministrative Penalties
Other forms of E$ecutive Clemenc'
Section 36. E7cept in cases of i!peach!ent5 or as
otherwise provided in this Constitution5 the President
!a" /rant reprieves5 co!!utations5 and pardons5 and
re!it fines and forfeitures5 after conviction b" final
3ud/!ent.
#e shall also have the power to /rant a!nest" with the
concurrence of a !a3orit" of all the ;e!bers of the
Con/ress.
A. Powe( of E@ecuti"e Cle&enc)
NonH!ele*ale. 'he power of e7ecutive cle!enc" is a
nonEdele/able power and !ust be e7ercised b" the
President personall".
28C
Cle!enc" is not a function of the 3udiciar"G it is an
e7ecutive function.
28(
'he e7ercise of the pardonin/
power is discretionar" in the President and !a" not be
controlled b" the le/islature or reversed b" the courts5
save onl" when it contravenes its li!itations.
281
B. Pu(pose fo( t#e /(ant of Powe( of E@ecuti"e
Cle&enc)
Ratio% #u!an fallibilit"
Pu(pose. 'hat Section () /ives to the President
the power of e7ecutive cle!enc" is a tacit
ad!ission that hu!an institutions are i!perfect
and that there are infir!ities in the ad!inistration of
3ustice. 'he power therefore e7ists as an
instru!ent for co((ectin* these infi(&ities and for
&iti*atin* whatever #a(s#ness !i/ht be
/enerated b" a too strict application of the law.
282
$n
&%#
,ernas Commentar-, p 2$& (2##& ed*.
&%1
,ernas Commentar-, p 2$2 (2##& ed*.
&%2
&%&

Cru), Philippine Political "aw,
p. 21% (1$$% ed*.
**
SCHOOL OF LAW
ARIS S. MANGUERA
recent "ears5 it has also been used as a bar/ainin/
chip in efforts to unif" various political forces.
C. -o(&s of E@ecuti"e Cle&enc) 9()** Bar Question:
3. Rep(ie"esE a postpone!ent of a sentence to
a date certain5 or a sta" in the e7ecution.
2. Co&&utationsE reduction or !iti/ation of the
penalt".
G. Pa(!onsE act of /race which e7e!pts the
individual on who! it is bestowed for! the
punish!ent which the law inflicts for the cri!e he
has co!!itted.
A. Re&ission of fines
B. -o(feitu(es
:. A&nest)E co!!onl" denotes the ?/eneral
pardon to rebels for their treason and other hi/h
political offenses@.
D. Li&its on E@ecuti"e Cle&enc)
Constitutional Li&its on E@ecuti"e Cle&enc)%
3. $t cannot be e7ercised in cases of
i&peac#&ent
2. ,eprieves5 co!!utations5 and pardons5 and
re!ission of fines and forfeitures can be /iven
onl" Aafter con"iction ) final +u!*&entG
G. A /rant of a!nest" !ust be with the
concurrence of a A!a3orit" of all the ;e!bers
of Con/ressB
A. Do pardon5 a!nest"5 parole5 or suspension of
sentence for "iolation of election laws5 rules5
and re/ulations shall be /ranted b" the
President without the favorable
reco!!endation of CJ;ELEC.
286
Ot#e( Li&itations%
(. A pardon cannot be e7tended to a person
convicted of le/islative conte!pt or civil
conte!pt.
1. Pardon cannot also be e7tended for the
purpose of absolvin/ the pardonee of civil
liabilit"5 includin/ 3udicial costs.
2. Pardon will not restore offices forfeited.
288
E. Pa(!on
:e#inition o# +ardon
Classi#ication o# +ardon
Scope o# +ardon
7imitations on 12ercise
,hen Completed
1##ect o# +ardon
+ardon . +arole
3. Pa(!on
a. hat is PardonR
b. Pardon as an act of /race
c. hat does pardon i!pl"R
&%4
&%%
a. Act of /race which e7e!pts the individual on
who! it is bestowed for! the punish!ent which
the law inflicts for the cri!e he has co!!itted.
. Because pardon is an act of /race5 no le/al
power can co!pel the e7ecutive to /ive it. $t is an
act of pure /enerosit" of the e7ecutive and it is his
to /ive or to withdraw before it is co!pleted.
28>
Con/ress has no authorit" to li!it the effects of the
President@s pardon5 or to e7clude fro! its scope
an" class of offenders. Courts !a" not in<uire in to
the wisdo! or reasonableness of an" pardon
/ranted b" the President.
28+
c. Pardon i!plies /uilt. A pardon loo.s to the
future.
2. Classification of Pa(!on
1. Plena()E E7tin/uishes all the penalties
i!posed upon the offender5 includin/
accessor" disabilities.
2. Pa(tialEDoes not e7tin/uish all the
penalties.
&. AsoluteE Jne e7tended without an"
strin/s attached.
4. Con!itionalE Jne under which the convict
is re<uired to co!pl" with certain
re<uire!ents.
a. Pa(!onee &a) (e+ect con!itional
pa(!on. here the pardon is conditional5
the offender has the ri/ht to re3ect the
sa!e since he !a" feel that the condition
i!posed is !ore onerous than the penalt"
sou/ht to be re!itted
28*
b. Con!ition' lawful. $t is necessar" that
the condition should not be contrar" to
an" provision of law.
28)
c. Con!ition' coHe@tensi"e. 'he
condition of the pardon shall be coE
e7tensive with the penalt" re!itted.
#ence5 if the condition is violated after the
e7piration of the re!itted penalt"5 there
can no lon/er be violation of the
conditional pardon.
d. ,hen the condition is that the recipient
o# the pardon should not iolate any o# the
penal laws, who determines whether
penal laws hae been iolatedR Must the
recipient o# pardon undergo trial and be
conicted #or the new o##ensesM 'he rule
that is followed is that the acceptance of
the conditions of the pardon i!ports the
acceptance of the condition that the
President will also deter!ine whether the
condition has been violated. 9'orres v.
&%+
&%/
&%2
&%$
*)
SCHOOL OF LAW
ARIS S. MANGUERA
Gon0ales5 (81 SC,A 1+1 9()*+:: 9())+5
1CC8 Bar Question:
G. Scope of Pa(!on
2>C
$n /rantin/ the President the power of e7ecutive
cle!enc"5 the Constitution does not distin/uish
between cri!inal and ad!inistrative cases.
9Lla!as v. Jrbos:
Pardon is onl" /ranted after conviction of final
3ud/!ent.
A convict who has alread" served his prison ter!
!a" still be e7tended a pardon for the purpose of
relievin/ hi! of whatever accessor" liabilities have
attached to his offense.
2>(
A. Li&itations on E@e(cise of Pa(!on
Constitutional Li&itations
(. $t cannot be e7ercised in cases of
i&peac#&ent
1. ,eprieves5 co!!utations5 and pardons5
and re!ission of fines and forfeitures can
be /iven onl" Aafter con"iction ) final
+u!*&entG
2. Do pardon5 a!nest"5 parole5 or
suspension of sentence for "iolation of
election laws5 rules5 and re/ulations shall
be /ranted b" the President without the
favorable reco!!endation of
CJ;ELEC.
2>1
Ot#e( Li&itations%
(. A pardon cannot be e7tended to a person
convicted of le/islative conte!pt or civil
conte!pt.
1. Pardon cannot also be e7tended for the
purpose of absolvin/ the pardonee of civil
liabilit"5 includin/ 3udicial costs.
2. Pardon will not restore offices forfeited
2>2
or propert" or interests vested in others in
conse<uence of the conviction and
3ud/!ent.
2>6
B. W#en Act of Pa(!on Co&plete!
Con!itional" A pardon !ust be delivered to and
accepted b" the offender before it ta.es effect.
,eason= 'he reason for re<uirin/
acceptance of a pardon is the need for
protectin/ the welfare of its recipient.
'he condition !a" be less acceptable to
&+#
1acinto 1imene), Political "aw Compendium &2& (2##+ ed.*
&+1
&+2
&+&
&+4
hi! than the ori/inal punish!ent5 and
!a" in fact be !ore onerous.
2>8
A%solute" 8ernas sub!its that acceptance b" the
conde!ned is re<uired onl" when the offer of
cle!enc" is not without encu!brance.
2>>
9())8
Bar Question:
Note% A pardon obtained b" fraud upon the
pardonin/ power5 whether b" !isrepresentation or
b" suppression of the truth or b" an" other
i!position5 is absolutel" void.
2>+
:. Effects of Pa(!on
a. ,elieves cri!inal liabilit"
2>*
b. Does not absolve civil liabilities
c. Does not restore public offices alread" forfeited5
althou/h eli/ibilit" for the sa!e !a" be restored.
a. As to puniti"e conseMuences an! fines in
fa"o( of *o"e(n&ent. Pardon relieves a part"
fro! all punitive conse<uences of his cri!inal act.
Pardon will have the effect of re!ittin/ fines and
forfeitures which otherwise will inure to the
interests of the /overn!ent itself.
. As to ci"il liailities pe(tainin* to p(i"ate
liti*ants. Pardon will not relieve the pardonee of
the civil liabilit" and such other clai!s5 as !a"
pertain to private liti/ants.
c. As Re*a(!s Reinstate&ent%
i. Jne who is /iven pardon has no de!andable
ri/ht to reinstate!ent. #e !a" however be
reappointed. 9;onsanto v. -actoran5 ()*):
93nce reinstated, he may be gien his #ormer
rank. See Sabello . :ept. o# 1ducation, '()(,
8ernas +rimer at 4EE:
ii. #owever5 if a pardon is /iven because he was
ac<uitted on the /round that he did not co!!it
the cri!e5 then reinstate!ent and bac.wa/es
would be due. 9Garcia v. CJA5 ())2:
$n order that a pardon !a" be utili0ed as a defense
in subse<uent 3udicial proceedin/s5 it is necessar"
that it !ust be pleaded.
2>)
8. Pa(!on ". Pa(ole
Parole involves onl" a release of the convict fro!
i!prison!ent but not a restoration of his libert".
'he parolee is still in the custod" of the law
althou/h no lon/er under confine!ent5 unli.e the
pardonee whose sentence is condoned5 sub3ect
&+%
&++
,ernas Commentar-, p 2$% (2##& ed*.
&+/
&+2
!inco, Philippine Political "aw, p 22+ (1$%4ed*.
&+$
)C
SCHOOL OF LAW
ARIS S. MANGUERA
onl" to reinstate!ent in case of violation of the
condition that !a" have been attached to the
pardon.
2+C
-. A&nest)
:e#inition
0ature
!ime o# Application
1##ect o# Application
1##ects o# 6rant o# Amnesty
9e%uirements
+ardon . Amnesty
!a2 Amnesty
3. Definition of A&nest)
Grant of /eneral pardon to a class of political
offenders either after conviction or even before the
char/es are filed. $t is the for! of e7ecutive
cle!enc" which under the Constitution !a" be
/ranted b" the e7ecutive onl" with the concurrence
of the le/islature.
2+(
2. Natu(e
$t is essentiall" an e7ecutive act and not a
le/islative act.
2+1
9'hou/h concurrence of Con/ress
is needed:
9Accordin/ to Sinco citin/ Brown v. al.er5 (>( 4S
8)(5 Con/ress is not prohibited fro! passin/ acts
of /eneral a!nest" to be e7tended to persons
before conviction.:
2+2
G. Ti&e of Application
G8A
9())8 Bar Question:
A!nest" !a" be /ranted before or after the
institution of cri!inal prosecution and so!eti!es
even after conviction. 9People v. Casido5 1>*
SC,A 2>C:
A. Effect of Application
B" appl"in/ for a!nest"5 the accused !ust be
dee!ed to have ad!itted the accusation a/ainst
hi!. 9People v. Sali/5 (22 SC,A 8):
B. Effects of t#e /(ant of A&nest)
Cri!inal liabilit" is totall" e7tin/uished b" a!nest"G
the penalt" and all its effects are thus e7tin/uished.
9See Article *) of ,PC:
&/#
&/1
,ernas Commentar-, p 2$/ (2##& ed*.
&/2
&/&
!inco, Philippine Political "aw, p 22% (1$%4ed*.
&/4
1acinto 1imene), Political "aw Compendium &2% (2##+ ed.*
$t has also been held that when a detained convict
clai!s to be covered b" a /eneral a!nest"5 his
proper re!ed" is not habeas corpus petition.
$nstead5 he should sub!it his case to the proper
a!nest" board.
2+8
:. ReMuisites 9())2 Bar Question:
(. Concurrence of a !a3orit" of all the !e!bers of
Con/ress 9Section ():
1. 'here !ust be a previous ad!ission of /uilt.
9Vera v. People:
8. Pa(!on ". A&nest)
Pa(!on A&nest)
Addressed to JD$DA,T
offenses
Addressed to PJL$'$CAL
offenses
Granted to $DD$V$D4ALS Granted to a CLASS of
persons
Conditional pardon !ust
be accepted
Deed not be Accepted
Do need for con/ressional
concurrence
,e<uires con/ressional
concurrence
Private act of the
President
A public act5 sub3ect to
3udicial notice
Pardon loo.s forward.
Jnl" penalties are
e7tin/uished.
Civil inde!nit" is not
e7tin/uished.
A!nest" loo.s bac.ward
E7tin/uishes the offense
itself
2+>
Jnl" /ranted after
conviction of final
3ud/!ent
;a"be /ranted before or
after conviction
8. Ta@ A&nest)
a. Le/al Dature
b. Deeds Concurrence of Con/ress
a. Le*al Natu(e. 'a7 a!nest" is a /eneral pardon
or intentional overloo.in/ of its authorit" to i!pose
penalties on persons otherwise /uilt" of evasion or
violation of revenue or ta7 law5 Hand as suchI
parta.es of an absolute for/iveness or waiver b"
the Govern!ent of its ri/ht to collect what
otherwise would be due it. 9,epublic v. $AC5
())(:
2++
. Nee!s Concu((ence of Con*(ess. 8ernas
sub!its that the President cannot /rant ta7
a!nest" without the concurrence of Con/ress.
2+*
/. Ot#e( -o(&s of E@ecuti"e Cle&enc)
&/%
,ernas Commentar-, p $#1 (2##& ed*.
&/+
See ,ernas Commentar-, p 2$$ (2##& ed*.
&//
&/2
)(
SCHOOL OF LAW
ARIS S. MANGUERA
Grant of reprieves5 co!!utations and re!ission of
fines and forfeitures are e7plicit in the Constitution.
3. Rep(ie"e
A reprieve is a postpone!ent of a sentence to a
date certain5 or a sta" in the e7ecution.
2. Co&&utation
Co!!utation is a re!ission of a part of the
punish!entG a substitution of a less penalt" for the
one ori/inall" i!posed. Co!!utation does not
have to be in an" for!. 'hus5 the fact that a convict
was released after si7 "ears and placed under
house arrest5 which is not a penalt"5 alread" leads
to the conclusion that the penalt" have been
shortened. 9Drilon v. CA:
Co!!utation is a pardon in for! but not in
substance5 because it does not affect his /uiltG it
!erel" reduces the penalt" for reasons of public
interest rather than for the sole benefit of the
offender. $n short5 while a pardon reaches Aboth
punish!ent prescribed for the offense and /uilt of
the offender5B a co!!utation !erel" reduces the
punish!ent.
2+)
G. Re&ission
,e!ission of fines and forfeitures !erel" prevents
the collection of fines or the confiscation of forfeited
propert"G it cannot have the effect of returnin/
propert" which has been vested in third parties or
!one" alread" in the public treasur".
2*C
'he power of the Chief E7ecutive to re!it fines and
forfeitures !a" not be li!ited b" an" act of
Con/ress.
2*(
But a statute !a" validl" authori0e
other officers5 such as depart!ent heads or bureau
chiefs5 to re!it ad!inistrative fines and
forfeitures.
2*1
II. Bo((owin* Powe(
Poer to contract or #uarantee forei#n loans
Dut' of the Monetar' )oar!
Section 2J. 'he President !a" contract or /uarantee
forei/n loans on behalf of the ,epublic of the
Philippines with the prior concurrence of the ;onetar"
Board5 and sub3ect to such li!itations as !a" be
provided b" law. 'he ;onetar" Board shall5 within thirt"
da"s fro! the end of ever" <uarter of the calendar
"ear5 sub!it to the Con/ress a co!plete report of its
decision on applications for loans to be contracted or
/uaranteed b" the Govern!ent or /overn!entEowned
&/$
&2#
,ernas Commentar-, p $#1 (2##& ed*.
&21
!inco, Philippine Political "aw, p 22% (1$%4ed*.
&22
and controlled corporations which would have the
effect of increasin/ the forei/n debt5 and containin/
other !atters as !a" be provided b" law.
A. Powe( to cont(act o( *ua(antee fo(ei*n loans
9e%uirements
9eason #or Concurrence
,hy the Monetary 8oard
Spouses Constantino . Cuisia
3. ReMui(e&ents 9())6 Bar Question:
'he President !a" contract or /uarantee forei/n
loans on behalf of the ,epublic of the Philippines=
1. ith the prior concurrence of the
;onetar" Board5 and
2. Sub3ect to such li!itations as !a" be
provided b" law
2. Reason fo( Concu((ence
A President !a" be te!pted to contract or
/uarantee loans to subsidi0e his pro/ra! of
/overn!ent and leave it to succeedin/
ad!inistration to pa". Also5 it will enable forei/n
lendin/ institutions to i!pose conditions on loans
that !i/ht i!pair our econo!ic and even political
independence.
2*2
G. W#) t#e Moneta() Boa(!.
Because the ;onetar" Board has e7pertise and
consistenc" to perfor! the !andate since such
e7pertise or consistenc" !a" be absent a!on/ the
;e!bers of Con/ress.
2*6
A. Spouses Constantino ". Cuisia D2JJBE
Q= 'he financin* p(o*(a& for forei/n loans
instituted b" the President e7tin/uished portions of
the countr"@s preEe7istin/ loans throu/h either debt
bu"bac. or bondEconversion. 'he bu"Ebac.
approach essentiall" preEter!inated portions of
public debts while the bond conversion sche!e
e7tin/uished public debts throu/h the obtention of
a new loan b" virtue of a soverei/n bond issuance5
the proceeds of which in turn were used for
ter!inatin/ the ori/inal loan. Petitioners contend
that bu"bac. or bond conversion are not
authori0ed b" Article V$$5 Section 1C.
A= 'he lan/ua/e of the Constitution is si!ple and
clear as it is broad. $t allows the President to
contract and /uarantee forei/n loans. $t !a.es no
prohibition on the issuance of certain .inds of loans
or distinctions as to which .inds of debt instru!ents
are !ore onerous than others. 'his Court !a" not
ascribe to the Constitution the !eanin/s and
restrictions that would undul" burden the powers of
the President. T#e plain' clea( an! una&i*uous
lan*ua*e of t#e Constitution s#oul! e
&2&
&24
,ernas Primer at &2% (2##+ ed.*
)1
SCHOOL OF LAW
ARIS S. MANGUERA
const(ue! in a sense t#at will allow t#e full
e@e(cise of t#e powe( p(o"i!e! t#e(ein. $t would
be the worst .ind of 3udicial le/islation if the courts
were to construe and chan/e the !eanin/ of the
or/anic act.
2*8

B. Dut) of t#e Moneta() Boa(!
:uty o# M8
9eason #or 9eporting
3. Dut)
'he ;onetar" Board shall5 within thirt" da"s fro!
the end of ever" <uarter of the calendar "ear5
su&it to t#e Con*(ess a co&plete (epo(t of its
decision on applications for loans to be contracted
or /uaranteed b" the Govern!ent or /overn!entE
owned and controlled corporations which would
have the effect of increasin/ the forei/n debt5 and
containin/ other !atters as !a" be provided b"
law.
2. Reason fo( Repo(tin*
$n order to allow Con/ress to act on whatever
le/islation !a" be needed to protect public
interest.
2*>
I. -o(ei*n Affai(s Powe(1Diplo&atic Powe(
,he Presi!ent an! +orei#n Affairs Poer
+orei#n Relations Poers of the Presi!ent
Source of Poer
Concurrence %' the Senate
,reaties v& E$ecutive A#reements
Poer to Deport
*u!icial Revie
A. T#e P(esi!ent an! -o(ei*n Affai(s Powe(s
As head of State5 the President is supposed to the
spo.es!an of the nation on e7ternal affairs.
2*+
'he
conduct of e7ternal affairs is e7ecutive
alto/ether.
2**
#e is the sole or/an authori0ed Ato
spea. or listenB for the nation in the broad field of
e7ternal affairs.
2*)
B. -o(ei*n Relations Powe(s of t#e P(esi!ent
(. 'he power to ne/otiate treaties and
international a/ree!entsG
1. 'he power to appoint a!bassadors and other
public !inisters5 and consulsG
&2%
!pouses Constantino v. Cuisia! @.=. 1#+#+4, ;ctober 1&, 2##%3
See ,ernas Primer at &2+ (2##+ ed.*
&2+
&2/
Cru), Philippine Political "aw, p. &2& (1$$% ed*.
&22
Cru), Philippine Political "aw, p. &2& (1$$% ed*.
&2$
!inco, Philippine Political "aw, p 2$2 (1$%4ed*.
2. 'he power to receive a!bassadors and other
public !inisters accredited to the PhilippinesG
6. 'he power to contract and /uarantee forei/n
loans on behalf of the ,epublicG
8. 'he power to deport aliens.
2)C
>. 'he power to decide that a diplo!atic officer
who has beco!e persona non grata be
recalled.
2)(
+. 'he power to reco/ni0e /overn!ents and
withdraw reco/nition
2)1
C. Sou(ce of Powe(
'he e7tensive authorit" of the President in forei/n
relations in a /overn!ent patterned after that of the
4S proceeds fro! two /eneral sources=
(. 'he Constitution
1. 'he status of soverei/nt" and
independence of a state.
$n other words5 the President derives his powers
over the forei/n affairs of the countr" not onl" fro!
specific provisions of the Constitution but also fro!
custo!s and positive rules followed b"
independent states in accordance with international
law and practice.
2)2
D. Concu((ence of Senate
,hen Concurrence o# Senate 0eeded
,hen Concurrence o# Senate 0ot 0eeded
Scope o# +ower to Concur
!reaty
Section 23. Do treat" or international a/ree!ent shall
be valid and effective unless concurred in b" at least
twoEthirds of all the ;e!bers of the Senate.
3. W#en Concu((ence of Senate Nee!e!
Concurrence of at leas 1%2 of all the !e!bers of
Senate is need for the validit" and effectivit" of=
(. 'reaties of whatever .ind5 whether
bilateral or !ultilateral.
2)6
1. $nternational A/ree!ents 9that which are
per!anent and ori/inal:
2. W#en Concu((ence of Senate Not Nee!e!
91CC2 Bar Question:
Less for!al t"pes of international a/ree!entsG
A/ree!ents which are te!porar" or are !ere
i!ple!entations of treaties or statutes do not need
concurrence.
2)8
&$#
,ernas Primer at &2+ (2##+ ed.*
&$1
,ernas Commentar-, p $1# (2##& ed*.
&$2
,ernas Commentar-, p $1# (2##& ed*3 !inco, Philippine Political
"aw, p &#+ (1$%4ed*.
&$&
&$4
:ote that a treat- which has become customar- law ma- become
part of Philippine law b- incorporation through Article 2 !ection.
7asm
&$%
)2
SCHOOL OF LAW
ARIS S. MANGUERA
G. Scope of Powe( to Concu(
'he power to ratif" is vested in the President
sub3ect to the concurrence of Senate. 'he role of
the Senate5 however5 is li!ited onl" to /ivin/ or
withholdin/ its consent or concurrence5 to the
ratification. #ence5 it is within the authorit" of the
President to refuse to sub!it a treat" to the
Senate. Althou/h the refusal of a state to ratif" a
treat" which has been si/ned in his behalf is a
serious step that should not be ta.en li/htl"5 such
decision is within the co!petence of the President
alone5 which cannot be encroached b" the Court
via a writ of !anda!us. 9Pi!entel v. E7ecutive
Secretar"5 1CC8:
'he power of the Senate to /ive its concurrence
carries with it the ri/ht to introduce a!end!ents to
a treat".
2)>
I# the +resident does not agree to any
amendments or reserations added to a treaty by
the Senate, his only recourse is to drop the treaty
entirely. 8ut i# he agrees to the changes, he may
persuade the other nation to accept and adopt the
modi#ications.
A. T(eat)
:e#inition
!wo 6eneral Steps
1##ects o# !reaties
!ermination o# !reaties
a. Definition. 'reat" is an international a/ree!ent
concluded between States in written for! and
/overned b" international law5 whether e!bodied
in a sin/le instru!ent or in two or !ore related
instru!ents and whatever desi/nation. 9()>)
Vienna Convention on the Law of 'reaties:
. Two /ene(al Steps
(. De/otiationE #ere the President alone has
authorit"
1. 'reat" Approval
2)+
c. Effect of T(eaties
(. Contract between states as parties
2. $t is a law for the people of each state to
observe 9!unicipal law:
2)*
E. T(eaties ". E@ecuti"e A*(ee&ents
(. $nternational a/ree!ents which involve
political issues or chan/es of national polic"
and those involvin/ international arran/e!ents
of a per!anent character ta.e the for! or a
treat"G while international a/ree!ents involvin/
ad3ust!ent of details carr"in/ out well
established national policies and traditions and
&$+
. !inco, Philippine Political "aw, p 2$$ (1$%4ed*.
&$/
!inco, Philippine Political "aw, p 2$$ (1$%4ed*.
&$2
!inco, Philippine Political "aw, p &## (1$%4ed*.
involvin/ arran/e!ents of a !ore or less
te!porar" nature ta.e the for! of e7ecutive
a/ree!ents
1. $n treaties5 for!al docu!ents re<uire
ratification5 while e7ecutive a/ree!ents
beco!e bindin/ throu/h e7ecutive action.
9Co!!issioner of Custo!s v. Eastern Sea
'radin/ 2 SC,A 28(:
-. Powe( to Depo(t
'he power to deport aliens is lod/ed in the
President. $t is sub3ect to the re/ulations prescribed
in Section >) of the Ad!inistrative Code or to such
future le/islation as !a" be pro!ul/ated. 9$n re
;cClloch Dic.5 2* Phil. 6(:
'he ad3udication of facts upon which the
deportation is predicated also devolves on the
Chief E7ecutive whose decisions is final and
e7ecutor". 9'an 'on/ v. Deportation Board5 )> Phil
)265 )2> 9()88::
/. 4u!icial Re"iew
'reaties and other international a/ree!ents
concluded b" the President are also sub3ect to
chec. b" the Supre!e Court5 which has the power
to declare the! unconstitutional. 9Art. V$$$5 Section
6:
II. Bu!*eta() Powe(
)u!#etar' Poer
,he )u!#et
6overnment )u!#etar' Process
Con#ress Ma' Not Increase Appropriations
Section 22. 'he President shall sub!it to the
Con/ress within thirt" da"s fro! the openin/ of ever"
re/ular session5 as the basis of the /eneral
appropriations bill5 a bud/et of e7penditures and
sources of financin/5 includin/ receipts fro! e7istin/
and proposed revenue !easures.
A. Bu!*eta() Powe(
'his power is properl" entrusted to the e7ecutive
depart!ent5 as it is the President who5 as chief
ad!inistrator and enforcer of laws5 is in best
position to deter!ine the needs of the /overn!ent
and propose the correspondin/ appropriations
therefor on the basis of e7istin/ or e7pected
sources of revenue.
2))
B. T#e Bu!*et
'he u!*et of (eceipts an! e@pen!itu(es
prepared b" the President is the basis for the
&$$
)6
SCHOOL OF LAW
ARIS S. MANGUERA
/eneral appropriation bill passed b" the
Con/ress.
6CC
'he phrase Asources of financin/B has reference to
sources other than ta7ation.
6C(
C. /o"e(n&ent Bu!*eta() P(ocess
'he co!plete /overn!ent bud/etar" process has
been /raphicall" described as consistin/ of four
!a3or phases=
(. Bud/et Preparation
1. Le/islative Authori0ation
2. Bud/et E7ecution
6. Bud/et Accountabilit"
6C1
D. Con*(ess Ma) Not Inc(ease App(op(iations
'he Con/ress !a" not increase the appropriations
reco!!ended b" the President for the operation of
the Govern!ent as specified in the bud/et. 9Article
V$ Section 189(::
III. Info(&in* Powe(s
Not Man!ator'
State of the Nation A!!ress
Section 2G. 'he President shall address the Con/ress
at the openin/ of its re/ular session. #e !a" also
appear before it at an" other ti!e.
A. Not Man!ato()
Althou/h couched in !andator" lan/ua/e5 the first
sentence of this provision does not as a rule
i!pose a co!pellable dut" on the President.
6C2
B. State of t#e Nation A!!(ess
'he President usuall" dischar/es the infor!in/
power throu/h the stateEofEtheEnation address5
which is delivered at the openin/ of the re/ular
session of the le/islature.
6C6
4##
,ernas Primer at &2$ (2##+ ed.*
4#1
,ernas Commentar-, p $12 (2##& ed*.
4#2
@uingona v. Carague, 1$+ !C=A 221 (1$$1*3 ,ernas
Commentar-, p $12 (2##& ed*.
4#&
4#4
)8
SCHOOL OF LAW
ARIS S. MANGUERA
4$DICIAL DEPARTMENT
I& *@DICIA. DEPAR,MEN,
II& *@DICIA. POWER9Section (:
III& *@RISDIC,ION 9Section 1:
IV& ,HE S@PREME CO@R,9Sections 65 +E(1:
V& POWERS O+ ,HE S@PREME CO@R,
9Sections 85>5 ((5 (>:
VI& *@DICIA. REVIEW
VII& DECIDIN6 A CASE 9Sections 65(2E(8:
VIII& O,HER CO@R,S
I. 4u!icial Depa(t&ent
Composition
Common Provisions
In!epen!ence of *u!iciar'
A. Co&position
'he Supre!e Court and all lower courts !a.e up the
3udicial depart!ent of our /overn!ent.
6C8
B. Co&&on P(o"isions
(. $ndependence of
&udiciar" 9See Section 2:
1. Con/ressional
Jversi/ht 9Section 1:
2. Separation of
Powers 9Section (1:
6. General ,ules
9Section (6:
8. Period to Decide
Case 9Section (8:
C. In!epen!ence of 4u!icia() 91CCC Bar Question:
'o !aintain the independence of the 3udiciar"5 the
followin/ safe*ua(!s have been e!bodied in the
Constitution=
6C>
(. 'he Supre!e Court is a constitutional
bod". $t cannot be abolished nor !a" its
!e!bership or the !anner of its !eetin/ be
chan/ed b" !ere le/islation. 9art * Q1:
1. 'he !e!bers of the Supre!e Court !a"
not be re!oved e7cept b" i!peach!ent. 9art.
) Q1:
2. 'he SC !a" not be deprived of its
!ini!u! ori/inal and appellate 3urisdiction as
prescribed in Article S5 Section 8. 9art. * Q1:
4#%
Cru), Philippine Political "aw, p. 2&1 (1$$% ed*.
4#+
6. 'he appellate 3urisdiction of the Supre!e
Court !a" not be increased b" law without its
advice or concurrence. 9art. > Q2C:
8. Appointees to the 3udiciar" are now
no!inated b" the &udicial and Bar Council and
no lon/er sub3ect to confir!ation b"
Co!!ission on Appoint!ents. 9art. * Q):
>. 'he Supre!e Court now has
ad!inistrative supervision over all lower courts
and their personnel. 9art. * Q>:
+. 'he Supre!e Court has e7clusive power
to discipline 3ud/es of lower courts. 9art * Q((:
*. 'he !e!bers of the Supre!e Court and
all lower courts have securit" of tenure5 which
cannot be under!ined b" a law reor/ani0in/
the 3udiciar". 9art. * Q((:
). 'he" shall not be desi/nated to an"
a/enc" perfor!in/ <uasiE3udicial or
ad!inistrative functions. 9art. * Q(1:
(C. 'he salaries of 3ud/es !a" not be
reduced durin/ their continuance in office. 9art.
* Q(C:
((. 'he 3udiciar" shall en3o" fiscal autono!"
9art *Q2:
(1. Jnl" the Supre!e Court !a" order the
te!porar" detail of 3ud/es 9art * Q892::
(2. 'he Supre!e Court can appoint all
officials and e!plo"ees of the 3udiciar". 9art. *
Q89>::
Section G. 'he &udiciar" shall en3o" fiscal autono!".
Appropriations for the &udiciar" !a" not be reduced b"
the le/islature below the a!ount appropriated for the
previous "ear and5 after approval5 shall be
auto!aticall" and re/ularl" released.
9())) Bar Question:
-iscal autono&) !eans freedo! fro! outside
control.As envisioned in the Constitution5 fiscal
autono!" en3o"ed b" the &udiciar"Kconte!plates
a /uarantee of full fle$i%ilit' to allocate an!
utili1e their resources with the wisdo! and
dispatch that their needs5 re<uire.
-iscal autono!" reco/ni0es the power and
authorit" to (a/ ley, assess and collect #ees5 9b: fi7
rates of co!pensation not e7ceedin/ the hi/hest
rates authori0ed b" law for co!pensation5 and 9c:
pa" plans of the /overn!ent and allocate or
disburse such su!s as !a" be provided b" law or
prescribed b" the! in the course of the dischar/e
of their functions.
'he i!position of restrictions and constraints on
the !anner the HSupre!e CourtI allocate and
utili0e the funds appropriated for their operations is
anathe!a to fiscal autono!" and violative of the
e7press !andate of the Constitution and of the
independence and separation of powers. 9Ben/0on
v. Drilon:
)>
SCHOOL OF LAW
ARIS S. MANGUERA
Reason. -iscal autono!" is /ranted to the
Supre!e Court to stren/then its autono!".
6C+
'he
provision is intended to re!ove courts fro! the
!erc" and caprice5 not to sa" vindictiveness5 of the
le/islature when it considers the /eneral
appropriations bill.
6C*
II. 4u!icial Powe(
Where Veste!
Definition
Scope
Intrinsic .imit on *u!icial Poer
6rave A%use of Discretion
Role of .e#islature in *u!icial Process
Section 3. 'he 3udicial power shall be vested in one
Supre!e Court and in such lower courts as !a" be
established b" law.
&udicial power includes the dut" of the courts of 3ustice to
settle actual controversies involvin/ ri/hts which are le/all"
de!andable and enforceable5 and to deter!ine whether or
not there has been a /rave abuse of discretion a!ountin/ to
lac. or e7cess of 3urisdiction on the part of an" branch or
instru!entalit" of the Govern!ent.
A. 4u!icial Powe( W#e(e Veste! 9()*) Bar Question:
&udicial power shall be vested in one Supre!e
Court and in such lower courts as !a" be
established b" law. 9Section ( par. (:
B. Definition of 4u!icial Powe( 9())6 Bar Question:
T(a!itional Concept% &udicial power includes the
dut" of the courts of 3ustice to settle actual
controversies involvin/ ri/hts which are le/all"
de!andable and enforceable. 9Section (5 1
nd
sentence:
B(oa!ene! Concept% Dut" to deter!ine whether
Hor notI there has been a /rave abuse of discretion
a!ountin/ to lac. or e7cess of 3urisdiction on the
part" of an" branch or instru!entalit" of the
Govern!ent. 9Section (5 1
nd
sentence:
C. Scope of 4u!icial Powe( 9()*) Bar Question:
&udicial power is the !easure of the allowable
scope of 3udicial action.
6C)
'he use of the word
AincludesB in Section ( connotes that the provision
is not intended to be an e7haustive list of what
3udicial power is.
6(C
An accused who has been convicted b" final
3ud/!ent still possesses collateral ri/hts and these
4#/
,ernas Primer at &&+ (2##+ ed.*
4#2
Cru), Philippine Political "aw, p. 2&/ (1$$% ed*.
4#$
41#
,ernas Commentar-, p $1$ (2##& ed*.
ri/hts can be clai!ed in the appropriate courts He./.
death convict who beco!es insane after his final
conviction cannot be e7ecuted while in a state of
insanit"I 'he suspension of death sentence is an
e7ercise of 3udicial power. $t is not usurpation of the
presidential power of reprieve thou/h the effect is
the sa!eE the te!porar" suspension of the
e7ecution of the death convict.B 9Eche/ara" v. Sec.
of &ustice5 ())):
D. Li&it on 4u!icial Powe(
9(: Courts !a" not assu!e to perfor!
nonE3udicial functions.
91: $t is not the function of the 3udiciar" to
/ive advisor" opinion
92: &udicial power !ust so!eti!es "ield
to separation of powers5 political <uestions and
enrolled bill rule.
3. B" the principle of separation of powers5 courts
&a) neit#e( atte&pt to assu&e no( e
co&pelle! to pe(fo(& nonH+u!icial functions.
6((
'hus5 a court !a" not be re<uired to act as a board
of arbitrators 9;anila Electric Co. v. Pasa"
'ransportation 9()21:. Dor !a" it be char/ed with
ad!inistrative functions e7cept when reasonabl"
incidental to the fulfill!ent of official duties.
9Doble3as v. 'ehan.ee: Deither is it@s the function of
the 3udiciar" to /ive advisor" opinions.
2. A!"iso() Opinions.
An a!"iso() opinion is an opinion issued b" a
court that does not have the effect of resolvin/ a
specific le/al case5 but !erel" advises on the
constitutionalit" or interpretation of a law.
'he nature of 3udicial power is also the foundation
of the principle that it is not the function of the
3udiciar" to /ive advisor" opinion.
6(1
$f the courts
will concern itself with the !a.in/ of advisor"
opinions5 there will be loss of 3udicial presti/e.
'here !a" be less than full respect for court
decisions.
Decla(ato() 4u!*&ent ". A!"iso()
Opinions.
Decla(ato()
4u!*&ent
A!"iso()
Opinions
$nvolves real parties
with real conflictin/
interests
,esponse to a le/al
issue posed in the
abstract in advance of
an" actual case in
which it !a" be
presented
&ud/!ent is a final
one forever bindin/
on the parties.
Binds no one
A 3udicial act Dot a 3udicial act
6(2
411
,ernas Commentar-, p $1+ (2##& ed*.
412
41&
)+
SCHOOL OF LAW
ARIS S. MANGUERA
G. 'he ?broadened concept@ of 3udicial power is not
!eant to do awa" with the political <uestions
doctrine itself. 'he concept !ust so!eti!es "ield
to sepa(ation of powe(s5 to the doctrine on
Apolitical MuestionsB or to the Aen(olle! illB
rule.
6(6
E. /(a"e Ause Clause
A'o deter!ine whether or not there has been a /rave abuse of
discretion a!ountin/ to lac. or e7cess of 3urisdiction on the
part of an" branch or instru!entalit" of the Govern!entB
Dot ever" abuse of discretion can be the occasion
for the Court to co!e in b" virtue of the second
sentence of Section (. $t !ust be A/rave abuse of
discretion a!ountin/ to lac. or e7cess of
3urisdiction.B
6(8
'here is /rave abuse of discretion=
9(: when an act done contrar" to the
Constitution5 the law5 or 3urisprudence5 or
91: it is e7ecuted whi!sicall"5
capriciousl"5 arbitraril" out of !alice5 ill will
or personal bias. 9$nfotech v. CJ;ELEC5
1CC6:
A/ain5 the ?broadened concept@ of 3udicial power is
not !eant to do awa" with the political <uestions
to separation of powers5 to the doctrine on Apolitical
<uestionsB or to the Aenrolled billB rule.
6(>
9())8 Bar
Question:
,ule >8 e!bodies the Grave Abuse Clause.
6(+

-. Role of Le*islatu(e in 4u!icial P(ocess
Althou/h 3udicial power is vested in the 3udiciar"5
the proper e7ercise of such power re<uires prior
le/islative action=
(. Definin/ such enforceable and
de!andable ri/htsG and
1. Deter!inin/ the court with 3urisdiction to
hear and decide controversies or disputes
arisin/ fro! le/al ri/hts.
6(*
Courts cannot e7ercise 3udicial power when there is
no applicable law. 'he Court has no authorit" to
entertain an action for 3udicial declaration of
citi0enship because there was no law authori0in/
such proceedin/. 9Channie 'an v. ,epublic5 (C+
Phil >21 9()>C:: An award of honors to a student
b" a board of teachers !a" not be reversed b" a
414
See ,ernas Commentar-, p $1$7$2# (2##& ed*.
41%
,ernas Commentar-, p $2# (2##& ed*.
41+
41/
Annotation to the >rit of Amparo.
412
,ernas Primer at &&% (2##+ ed.*
court where the awards are /overned b" no
applicable law. 9Santia/o &r. v. Bautista: Dor !a"
courts reverse the award of a board of 3ud/es in an
oratorical contest. 9-elipe v. Leuterio5 )( Phil 6*1
9()81::.
6()
III. 4u(is!iction
Definition
Scope
Role of Con#ress
Section 2. 'he Con/ress shall have the power to define5
prescribe5 and apportion the 3urisdiction of the various courts
but !a" not deprive the Supre!e Court of its 3urisdiction
over cases enu!erated in Section 8 hereof.
Do law shall be passed reor/ani0in/ the &udiciar" when it
underE!ines the securit" of tenure of its ;e!bers.
A. Definition
&urisdiction is the power and authorit" of the court
to hear5 tr" and decide a case. 9De La Cru0 v. CA5
1CC>:
B. Scope
$t is not onl" the ('/ powe( to !ete(&ine5 but the
(E/ powe( to enfo(ce its !ete(&ination.
'he (4/ powe( to cont(ol t#e e@ecution of its
decision is an essential aspect of 3urisdiction
9Eche/ara" . Sec. of &ustice5 2C( SC,A )>:
C. Role of Con*(ess
Powe(. 'he Con/ress shall have the power to
define5 prescribe5 and apportion the 3urisdiction of
the various courts. 9Section 1:
Li&itations%
3. Con/ress !a" not deprive the Supre!e
Court of its 3urisdiction over cases
enu!erated in Section 8. 9 art. * Q1:
2. Do law shall be passed reor/ani0in/ the
&udiciar" when it underE!ines the securit"
of tenure of its ;e!bers. 9 art. * Q1:
G. 'he appellate 3urisdiction of the Supre!e
Court !a" not be increased b" law e7cept
upon its advice and concurrence. 9art. > Q
2C:
X &urisdiction in Section 1 refers to 3urisdiction over
cases H3urisdiction over the sub3ect !atterI.
61C
IV. T#e Sup(e&e Cou(t
Composition
Bualifications
*u!icial an! )ar Council
Appointment
41$
,ernas Primer at &&% (2##+ ed.*
42#
Cru), Philippine Political "aw, p. 2&&& (1$$% ed*.
)*
SCHOOL OF LAW
ARIS S. MANGUERA
Salaries
,enure
Removal
Prohi%ition
A. Co&position
Section A. 9(: 'he Supre!e Court shall be co!posed of
a Chief &ustice and fourteen Associate &ustices. $t !a" sit
en banc or in its discretion5 in division of three5 five5 or
seven ;e!bers. An" vacanc" shall be filled within ninet"
da"s fro! the occurrence thereof.
Co&position of t#e Sup(e&e Cou(t% -ifteen 93B:.
( Chief &ustice and (6 Associate &ustices.
B" so fi7in/ the nu!ber of !e!bers of the
Supre!e Court at HfifteenI5 it see!s lo/ical to infer
that no statute !a" validl" increase or decrease
it.
61(
Colle*iate Cou(t. 'he pri!ar" purpose of a
colle/iate court is precisel" to provide for the !ost
e7haustive deliberation before a conclusion is
reached.
611
B. .ualifications
Section 8. 9(: Do person shall be appointed ;e!ber of
the Supre!e Court or an" lower colle/iate court unless
he is a naturalEborn citi0en of the Philippines. A ;e!ber
of the Supre!e Court !ust be at least fort" "ears of a/e5
and !ust have been for fifteen "ears or !ore a 3ud/e of a
lower court or en/a/ed in the practice of law in the
Philippines.
91: 'he Con/ress shall prescribe the <ualifications of
3ud/es of lower courts5 but no person !a" be appointed
3ud/e thereof unless he is a citi0en of the Philippines and
a !e!ber of the Philippine Bar.
92: A ;e!ber of the &udiciar" !ust be a person of proven
co!petence5 inte/rit"5 probit"5 and independence.
.ualifications of a Me&e( of t#e Sup(e&e
Cou(t%
(. ;ust be a natural born citi0en of the
Philippines
1. ;ust at least be 6C "ears of a/eG
2. ;ust have been for (8 "ears or !ore a 3ud/e
of a lower court or en/a/ed in the practice of
law in the PhilippinesG and
6. A person of proven co!petence5 inte/rit"5
probit"5 and independence.
Con/ress !a" not alter the <ualifications of
;e!bers of the Supre!e Court and the
constitutional <ualifications of other !e!bers of
the &udiciar". But Con/ress !a" alter the statutor"
421
!inco, Philippine Political "aw, p &12 (1$%4ed*.
422
<ualifications of 3ud/es and 3ustices of lower
courts.
612
$t behooves ever" prospective appointee to the
&udiciar" to apprise the appointin/ authorit" of
ever" !atter bearin/ on his fitness for 3udicial
office5 includin/ such circu!stances as !a" reflect
on his inte/rit" and probit". 'hus the fact that a
prospective 3ud/e failed to disclose that he had
been ad!inistrativel" char/ed and dis!issed fro!
the service for /rave !isconduct b" a for!er
President of the Philippines was used a/ainst hi!.
$t did not !atter that he had resi/ned fro! office
and that the ad!inistrative case a/ainst hi! had
beco!e !oot and acade!ic.
616
Si!ilar"5 before one who is offered an appoint!ent
to the Supre!e Court can accept it5 he !ust
correct the entr" in his birth certificate that he is an
alien.
618
;A Me&e( of t#e 4u!icia() &ust e a pe(son of p(o"en
co&petence' inte*(it)' p(oit)' an! in!epen!ence.?
Co&petence. $n deter!inin/ the co!petence of the
applicant or reco!!endee for appoint!ent5 the &udicial
and Bar Council shall consider his educational
preparation5 e7perience5 perfor!ance and other
acco!plish!ents of the applicant. 9,ule 2 Section ( of
&BC ,ules:
Inte*(it). 'he &udicial and Bar Council shall ta.e ever"
possible step to verif" the applicant@s record of and
reputation for honest"5 inte/rit"5 incorruptibilit"5
irreproachable conduct and fidelit" to sound !oral and
ethical standards. 9,ule 65 Section ( of &BC ,ules:
P(oit) an! In!epen!ence. An" evidence relevant to
the candidate@s probit" and independence such as5 but
not li!ited to5 decision he has rendered if he is an
incu!bent !e!ber of the 3udiciar" or reflective of the
soundness of his 3ud/!ent5 coura/e5 rectitude5 cold
neutralit" and stren/th of character shall be considered.
9,ule 8 Section of &BC ,ules:
C. 4u!icial an! Ba( Council 9()**5 ())) Bar
Question:
Composition
+unction
Reason for Creation
Section 7.
9(: A &udicial and Bar Council is hereb" created under the
supervision of the Supre!e Court co!posed of the Chief
&ustice as e7 officio Chair!an5 the Secretar" of &ustice5
and a representative of the Con/ress as e7 officio
;e!bers5 a representative of the $nte/rated Bar5 a
42&
,ernas Primer at &%+ (2##+ ed.*
424
.n re 86C v. 8ud%e ;uitain! J'C No. 013, Au(u#t 22, 2007.
42%
<ilosbayan v. Ermita! @.=. :o. 1///21, 1ul- &, 2##/. 'his was
the case of 1ustice @regor- ;ng of the !andiganba-anwho was being
promoted to the !upreme court. ;ng, however, remains in the
!andiganba-an.
))
SCHOOL OF LAW
ARIS S. MANGUERA
professor of law5 a retired ;e!ber of the Supre!e Court5
and a representative of the private sector.
91: 'he re/ular !e!bers of the Council shall be
appointed b" the President for a ter! of four "ears with
the consent of the Co!!ission on Appoint!ents. Jf the
;e!bers first appointed5 the representative of the
$nte/rated Bar shall serve for four "ears5 the professor of
law for three "ears5 the retired &ustice for two "ears5 and
the representative of the private sector for one "ear.
92: 'he Cler. of the Supre!e Court shall be the Secretar"
e7 officio of the Council and shall .eep a record of its
proceedin/s.
96: 'he re/ular ;e!bers of the Council shall receive
such e!olu!ents as !a" be deter!ined b" the Supre!e
Court. 'he Supre!e Court shall provide in its annual
bud/et the appropriations for the Council.
98: 'he Council shall have the principal function of
reco!!endin/ appointees to the &udiciar". $t !a"
e7ercise such other functions and duties as the Supre!e
Court !a" assi/n to it.
Co&position of 4BC%
(. SC Chief &ustice (e2 o##icio Chairman/
12 o##icio Members
1. Secretar" of &ustice
2. ,epresentative of Con/ress
9egular Members (!erm o# F years appointed
by +resident with the consent o# CA/
6. ,epresentative of $BP
8. Professor of Law
>. ,etired ;e!ber of SC
+. ,epresentative of private sector
'he Cler. of the Supre!e Court shall be the
Secretar" e7 officio of the &BC.
Rep(esentati"e f(o& Con*(ess. Such
representative !a" co!e fro! either #ouse.
$n practice5 the two houses now wor. out a
wa" of sharin/ representation.
61>
A !e!ber
fro! each co!es fro! both #ouses but each
have onl" half a vote.
61+
-unction of 4BC. &BC@s principal function is to
reco!!end to the President appointees to the
&udiciar". $t !a" e7ercise such other functions and
duties as the Supre!e Court !a" assi/n to it.
Rationale fo( C(eation of 4BC. 'he Council was
principall" desi/ned to eli!inate politics fro! the
appoint!ent and 3ud/es and 3ustices. 'hus5
appoint!ents to the &udiciar" do not have to /o
throu/h a political Co!!ission on Appoint!ents.
61*
D. Appoint&ent
Section 6. 'he ;e!bers of the Supre!e Court and
3ud/es of lower courts shall be appointed b" the President
fro! a list of at least three no!inees prepared b" the
42+
42/
422
,ernas Primer at &%/ (2##+ ed.*
&udicial and Bar Council for ever" vacanc". Such
appoint!ents need no confir!ation.
-or the lower courts5 the President shall issue the
appoint!ents within ninet" da"s fro! the sub!ission of
the list.
-or ever" vacanc"5 the &udicial and Bar Council
sub!its to the President a list of at least three
na!es. 'he President !a" not appoint an"bod"
who is not in the list. $f the President is not satisfied
with the list5 he !a" as. for another list.
61)
W#) at least G, 'he reason for re<uirin/ at least
three no!inees for ever" vacanc" is to /ive the
President enou/h leewa" in the e7ercise of his
discretion when he !a.es his appoint!ent. $f the
no!inee were li!ited to onl" one5 the appoint!ent
would in effect be !ade b" the &udicial and Bar
Council5 with the President perfor!in/ onl" the
!athe!atical act of for!ali0in/ the co!!ission.
62C
&ud/es !a" not be appointed in an actin/ capacit"
or te!porar" capacit".
62(
$t should be noted that
what the Constitution authori0es the President to
do is to appoint &ustices and 3ud/es and not t#e
aut#o(it) !erel" to !esi*nate a nonE!e!ber of
the Supre!e Court te&po(a(il) to sit as &ustice of
Supre!e Court.
621
ASM: :o you know that when there is a acancy in
the Supreme Court, the remaining members o# the
!ribunal ote and make a recommendation to the
;udicial and 8ar Council.
E. Sala(ies
Section 3J. 'he salar" of the Chief &ustice and of the
Associate &ustices of the Supre!e Court5 and of 3ud/es
of lower courts shall be fi7ed b" law. Durin/ their
continuance in office5 their salar" shall not be decreased.
'he prohibition of the di!inution of the salar" of
&ustices and 3ud/es durin/ their continuance in
office is intended as a protection for the
independence of the 3udiciar".
622
'he clear intent of the Constitutional Co!!ission
was to sub3ect the salar" of the 3ud/es and 3ustices
to inco!e ta7. 9Ditafan v. C$,5 ()*+:
-. Tenu(e
Section 33. 'he ;e!bers of the Supre!e Court and
3ud/es of lower courts shall hold office durin/ /ood
behavior until the" reach the a/e of se"ent) )ea(s or
42$
,ernas Commentar-, p $2% (2##& ed*.
4&#
4&1
Cru), Philippine Political "aw, p. 2&/ (1$$% ed*.
4&2
,ernas Commentar-, p $2% (2##& ed*.
4&&
,ernas Commentar-, p $2+ (2##& ed*.
(CC
SCHOOL OF LAW
ARIS S. MANGUERA
beco!e incapacitated to dischar/e the duties of their
office. 'he Supre!e Court en banc shall have the power
of discipline 3ud/es of lower courts5 or order their
dis!issal b" a vote of a !a3orit" of the ;e!bers who
actuall" too. part in the deliberations on the issues in the
case and voted thereon.
Securit" of 'enure is essential to an independent
3udiciar".
/. Re&o"al
B) I&peac#&ent. 'he ;e!bers of the Supre!e
Court are re!ovable onl" b" i!peach!ent. 'he"
can be said to have failed to satisf" the
re<uire!ent of A/ood behaviorB onl" if the" are
/uilt" of the offenses which are constitutional
/rounds of i!peach!ent.
'he !e!bers of the Supre!e Court !a" be
re!oved fro! office on i!peach!ent for5 and
conviction of=
(. Culpable violation of the ConstitutionG
1. 'reasonG
2. Briber"G
6. Graft and CorruptionG
8. Jther #i/h Cri!es
+. Betra"al of Public 'rust9Article S$5 Section
1:
A Supre!e Court &ustice cannot be char/ed in a
cri!inal case or a disbar!ent proceedin/5 because
the ulti!ate effect of either is to re!ove hi! fro!
office5 and thus circu!vent the provision on
re!oval b" i!peach!ent thus violatin/ his securit"
of tenure 9$n ,e= -irst $ndorse!ent fro! #on. ,aul
Gon0ale05 A.;. Do. **E6E8622:
0. P(o#iition
Section 32. 'he ;e!bers of the Supre!e Court and of
other courts established b" law shall not be desi/nated to
an" a/enc" perfor!in/ <uasiE3udicial or ad!inistrative
functions.
'he provision !erel" !a.es e7plicit an application
of the principles of separate of powers.
626
'a.e note of the other tas.s /iven to SC or the
;e!bers of SC b" the Constitution=
1. SC en banc as Presidential Electoral
'ribunal 9art + Q6:
1. Chief &ustice as presidin/ officer of the
i!peach!ent Court when the President is
in trial 9art. (( Q29>::.
2. Chief &ustice as e7 officio chair!an of the
&BC. 9art. * Q*9(::.
6. &ustices as !e!bers of Electoral
'ribunals 9art. > Q(+:.
4&4
,ernas Commentar-, p $$1 (2##& ed*.
V. Powe(s of Sup(e&e Cou(t
6eneral Poer
Specific Poers
Ori#inal *uris!iction
Appellate *uris!iction
,emporar' Assi#nment of *u!#es
Chan#e of Venue or Place of ,rial
Rule=Ma(in# Poer
Appointment of Court Personnel
A!ministrative Supervision of Courts
Disciplinar'ADismissal Poers
Contempt Poers
Annual Report
Section B. 'he Supre!e Court shall have the followin/
powers=
(. E7ercise ori/inal 3urisdiction over cases affectin/
a!bassadors5 other public !inisters and consuls5 and
over petitions for certiorari5 prohibition5 !anda!us5 <uo
warranto5 and habeas corpus.
1. ,eview5 revise5 reverse5 !odif"5 or affir! on appeal or
certiorari as the law or the ,ules of Court !a" provide5
final 3ud/!ents and orders of lower courts in=
9a: All cases in which the constitutionalit" or validit"
of an" treat"5 international or e7ecutive a/ree!ent5 law5
presidential decree5 procla!ation5 order5 instruction5
ordinance5 or re/ulation is in <uestion.
9b: All cases involvin/ the le/alit" of an" ta75 i!post5
assess!ent5 or toll5 or an" penalt" i!posed in relation
thereto.
9c: All cases in which the 3urisdiction of an" lower
court is in issue.
9d: All cri!inal cases in which the penalt" i!posed is
reclusion perpetua or hi/her.
9e: All cases in which onl" an error or <uestion of law
is involved.
2. Assi/n te!poraril" 3ud/es of lower courts to other
stations as public interest !a" re<uire. Such te!porar"
assi/n!ent shall not e7ceed si7 !onths without the
consent of the 3ud/e concerned.
6. Jrder a chan/e of venue or place of trial to avoid a
!iscarria/e of 3ustice.
8. Pro!ul/ate rules concernin/ the protection and
enforce!ent of constitutional ri/hts5 pleadin/5 practice5
and procedure in all courts5 the ad!ission to the practice
of law5 the $nte/rated Bar5 and le/al assistance to the
underprivile/ed. Such rules shall provide a si!plified and
ine7pensive procedure for the speed" disposition of
cases5 shall be unifor! for all courts of the sa!e /rade5
and shall not di!inish5 increase5 !odif" substantive
ri/hts. ,ules of procedure of special courts and <uasiE
3udicial bodies shall re!ain effective unless disapproved
b" the Supre!e Court.
>. Appoint all officials and e!plo"ees of the &udiciar" in
accordance with the Civil Service Law.
Section :. 'he Supre!e Court shall have ad!inistrative
supervision over all courts and the personnel thereof.
Section 33
777'he Supre!e Court en banc shall have the power of
discipline 3ud/es of lower courts5 or order their dis!issal
b" a vote of a !a3orit" of the ;e!bers who actuall" too.
part in the deliberations on the issues in the case and
voted thereon.
(C(
SCHOOL OF LAW
ARIS S. MANGUERA
A. /ene(al Powe(
&udicial Power 9Q(:
B. Specific Powe(s
Specific Powe(s of t#e Sup(e&e Cou(t un!e(
A(ticle VIII%
(. Jri/inal &urisdiction
1. Appellate &urisdiction
2. 'e!porar" Assi/n!ent of &ud/es
6. Chan/e of Venue or Place of 'rial
8. ,uleE;a.in/ Power
>. Appoint!ent of Court Personnel 9Q8:
+. Ad!inistrative Supervision of Courts 9Q>:
*. Dis!issal% ,e!oval Powers 9Q((:
(Section 5('/ and (E/ re#er to the irreducible
?urisdiction o# the Supreme Court while Section 5
(4 BH/ and Section H proide o# au2iliary
administratie powers./
Ot#e( Powe(s of SC%
(. &urisdiction over procla!ation of ;artial
law or suspension of the writ of habeas
corpusG 9art. + Q(*:
1. &urisdiction over Presidential and ViceE
Presidential election contestsG 9art. + Q6:
2. &urisdiction over decision5 order5 or rulin/
of the Constitutional Co!!issions. 9art. ) Q+:
6. Supervision over &BC 9art. * Q*9(::
8. Power to Punish Conte!pt
C. O(i*inal 4u(is!iction
Section BD3E. 'he Supre!e Court has ori/inal
3urisdiction over=
(. Cases affectin/ a!bassadors5 other
public !inisters and consuls.
1. Petitions for certiorari5 prohibition5
!anda!us5 <uo warranto5 and habeas
corpus.
628
Dote that under international law5 diplo!ats and
even consuls to a lesser e7tent5 are not sub3ect to
3urisdiction of the courts of the receivin/ State5
save in certain cases5 as when i!!unit" is waived
either e7pressl" or i!pliedl". $n such instances5 the
Supre!e Court can and probabl" should ta.e
co/ni0ance of the liti/ation in view of possible
international repercussions.
62>
'he petitions for certiorari, mandamus, prohibition5
and %uo warranto are special civil actions. 'he
<uestions raised in the first three petitions are
<uestions of 3urisdiction or /rave abuse of
discretion and5 in fourth5 the title of the respondent.
4&%
See =ule +%, ++ and 1#2, =ules of Court.
4&+
'he petition for habeas corpus is a special
proceedin/.
62+
Concu((ent 4u(is!iction.
'he Supre!e Court has concurrent ori/inal
3urisdiction with ,e/ional 'rial Courts in cases
affectin/ a!bassadors5 other public !inisters and
consuls. 9BP (1) Q 1(91::
3urisdiction with the Court of Appeals in petitions for
certiorari, prohibition and mandamus a/ainst the
,e/ional 'rial Courts. 9BP (1) Q )9(::
3urisdiction with the Court of Appeals and the
,e/ional 'rial Courts in petitions for certiorari,
prohibition and mandamus a/ainst lower courts
and bodies and in petitions for %uo warranto and
habeas corpus. 9BP (1) Q)9(:5 Q1(91::
P(inciple of 4u!icial 0ie(a(c#)
4nder a 3udicial polic" reco/ni0in/ hierarchy o#
courts5 a hi/her court will not entertain direct resort
to it unless the redress cannot be obtained in the
appropriate courts. 9Santia/o v. Vas<ue05 1(+
SC,A (>+: 'hus5 while it is true that the issuance
of a writ of prohibition under ,ule >8 is within the
3urisdiction of the Supre!e Court5 a petitioner
cannot see. relief fro! the Supre!e Court where
the issuance of such writ is also within the
co!petence of the ,e/ional 'rial Court or the
Court of Appeals.
A direct recourse of the Supre!e Court@s ori/inal
3urisdiction to issue writs should be allowed onl"
when there are special and i!portant reasons
therefore5 clearl" and specificall" set out in the
petition. 9;an/ahas v. Paredes5 1CC+:
.% hat cases !a" be filed ori/inall" in the
Supre!e CourtR
A% Jnl" petitions for certiorari5 prohibition5
!anda!us5 <uo warranto5 habeas corpus5
disciplinar" proceedin/s a/ainst !e!bers of the
3udiciar" and attorne"s5 and affectin/
a!bassadors5 other public !inisters and consuls
!a" be filed ori/inall" in the Supre!e Court. 9Rule
B:' Section 3' Rules of Cou(t:
D. Appellate 4u(is!iction
Section BD2E. 'he Supre!e Court has the power to
review5 revise5 reverse5 !odif"5 or affir! on appeal
or certiorari as the law or the ,ules of Court !a"
provide5 final 3ud/!ents and orders of lower courts
in=
a. All cases in which the constitutionalit" or
validit" of an" treat"5 international or
e7ecutive a/ree!ent5 law5 presidential
decree5 procla!ation5 order5 instruction5
ordinance5 or re/ulation is in <uestion.
4&/
(C1
SCHOOL OF LAW
ARIS S. MANGUERA
b. All cases involvin/ the le/alit" of an" ta75
i!post5 assess!ent5 or toll5 or an" penalt"
i!posed in relation thereto.
c. All cases in which the 3urisdiction of an"
lower court is in issue.
d. All cri!inal cases in which the penalt"
i!posed is reclusion perpetua or hi/her.
e. All cases in which onl" an error or
<uestion of law is involved.
I((e!ucile. 'his appellate 3urisdiction of the
Supre!e Court is irreducible and !a" not be
withdrawn fro! it b" Con/ress.
62*
-inal 4u!*&ents of lowe( cou(ts. $t should be
noted that the appeals allowed in this section are
fro! final 3ud/!ents and decrees onl" of Alower
courtsB or 3udicial tribunals. Ad!inistrative
decisions are not included.
62)
T#e lowe( cou(ts #a"e co&petence to !eci!e
constitutional Muestions. Section 891:9a: provides
that Supre!e Court has appellate 3urisdiction over
A#inal ?udgments and orders all cases in which the
constitutionalit' or validit" of an" treat"5
international or e7ecutive a/ree!ent5 law5
presidential decree5 procla!ation5 order5
instruction5 ordinance or re/ulation is in <uestion.B
Re"iew of Deat# Penalt). Section 8 re<uires a
!andator" review b" the Supre!e Court of cases
where the penalt" i!posed is reclusion perpetua5
life i!prison!ent5 or death. #owever5 the
Constitution has not proscribed an inter!ediate
review. 'o ensure ut!ost circu!spection before
the penalt" of death5 reclusion perpetua or life
i!prison!ent is i!posed5 the ,ule now is that such
cases !ust be reviewed b" the Court of Appeals
before the" are elevated to the Supre!e Court.
66C
Dote5 however5 that the rule for the review of
decisions of lower courts i!posin/ death or
reclusion perpetua or life i!prison!ent are not the
sa!e. $n case the sentence is death5 there is
auto!atic review b" the Court of Appeals and
ulti!atel" b" the Supre!e Court. 'his is
!andator" and neither the accused nor the courts
!a" waive the ri/ht of appeal. $n the case of the
sentence of reclusion perpetua or life
i!prison!ent5 however5 althou/h the Supre!e
Court has 3urisdiction to review the!5 the review is
not !andator". 'herefore review in this later cases
!a" be waived and appeal !a" be withdrawn.
66(
$n 9epublic . Sandiganbayan, EGGE, it was held
that the appellate 3urisdiction of the Supre!e Court
4&2
4&$
Cru), Philippine Political "aw, p. 2%+ (1$$% ed*.
44#
People v. Mateo! @.=. :o. 14/+/272/. 1ul- /, 2##43 People v.
La%ua) @.=. :o. 1/#%+%, 1anuar- &1, 2##+.
441
People v. $oc(a and $amos, @.=. :o. 1/&/$/, August &1, 2##/.
over decisions and final orders of the
Sandi/anba"an is li!ited to <uestions of law. A
Muestion of law e7ists when the doubt or
controvers" concerns the correct application of law
or 3urisprudence to a certain set of factsG or when
the issue does not call for an e7a!ination of the
probative value of the evidence presented5 the
truth or falsehood of facts bein/ ad!itted.
Section 891:5 9a: and 9b: e7plicitl" /rants 3udicial
review in the Supre!e Court. (;udicial 9eiew will
be discussed in the ne2t chapter/
E. Te&po(a() Assi*n&ent of 4u!*es
Section BDGE. 'he Supre!e Court has the power to
assi/n te!poraril" 3ud/es of lower courts to other
stations as public interest !a" re<uire. Such
te!porar" assi/n!ent shall not e7ceed si7 !onths
without the consent of the 3ud/e concerned.
Rationale of t#e P(o"ision. 'he present rule
bolsters the independence of the 3udiciar" in so far
as it vests the power to te!poraril" assi/n 3ud/es
of inferior courts directl" in the Supre!e Court and
no lon/er in the e7ecutive authorities and
conditions the validit" of an" such assi/n!ent in
e7cess of si7 !onths upon the consent of the
transferred 3ud/e. 'his will !ini!i0e if not
alto/ether eli!inate the pernicious practice of the
rigodon de ?euces, or the transfer of 3ud/es at will
to suit the !otivations of the chief e7ecutive.
661
Pu(pose of T(ansfe(. 'e!porar" assi/n!ents !a"
be 3ustified to arran/e for 3ud/es with clo//ed
doc.ets to be assisted b" their less bus"
collea/ues5 or to provide for the replace!ent of the
re/ular 3ud/e who !a" not be e7pected to be
i!partial in the decision of particular cases.
662
Pe(&anent T(ansfe(. Since transfer i!ports
re!oval fro! one office and since a 3ud/e en3o"s
securit" of tenure5 it cannot be effected without the
consent of the 3ud/e concerned.
666
-. C#an*e of Venue o( Place of T(ial
Section BDAE. 'he Supre!e Court has the power to
order a chan/e of venue or place of trial to avoid a
!iscarria/e of 3ustice.
'his power is dee!ed to be an incidental and
inherent power of the Court. 9See People v.
Gutierre05 2> SC,A (+1 9()+C::
/. Rule Ma9in* Powe(
+ower to +romulgate 9ules
442
44&
444
,ernas Commentar-, p $+/(2##& ed*.
(C2
SCHOOL OF LAW
ARIS S. MANGUERA
7imits on the 9ule Making +ower
0ature and -unction o# 9ule Making +ower
!est to :etermin ,hether 9ules are Substantie
9ules Concerning +rotection o# Constitutional 9ights
Admission to the +ractice o# 7aw
Integration o# the 8ar
Congress and the 9ules o# Court
3. Powe( to P(o&ul*ate Rules
'he Supre!e Court has the power to pro!ul/ate
rules concernin/=
(. 'he protection and enforce!ent of
constitutional ri/htsG
1. Pleadin/5 practice5 and procedure in all
courtsG
2. 'he ad!ission to the practice of law5
6. 'he $nte/rated BarG
8. Le/al assistance to the underprivile/ed.
9Section 898::
2. Li&its on SCLs Rule Ma9in* Powe(
(. Such rules shall provide a si!plified and
ine7pensive procedure for the speed"
disposition of cases.
1. 'he" shall be unifor! for all courts of the
sa!e /rade.
2. 'he" shall not di!inish5 increase5 !odif"
sustanti"e (i*#ts.
,ules of procedure of special courts and
<uasiE3udicial bodies shall re!ain effective
unless disapproved b" the Supre!e Court.
G. Natu(e an! -unction of Rule Ma9in* Powe(
-o( a &o(e in!epen!ent +u!icia(). 'he authorit"
to pro!ul/ate rules concernin/ pleadin/5 practice
and ad!ission to the practice of law is a traditional
power of the Supre!e Court. 'he /rant of this
authorit"5 coupled with its authorit" to inte/rate the
Bar5 to have ad!inistrative supervision over all
courts5 in effect places in the hands of Supre!e
Court the totalit" of the ad!inistration of 3ustice and
thus !a.es for a !ore independent 3udiciar".
En#ances t#e capacit) to (en!e( +ustice. $t also
enhances the Court@s capacit" to render 3ustice5
especiall" since5 as the Supre!e Court has had
occasion to sa"5 it includes the inherent authorit" to
suspend rules when the re<uire!ent of 3ustice
de!and.
;oreover5 since it is to the Supre!e Court that rule
!a.in/ authorit" has been /iven5 rules
pro!ul/ated b" special courts and <uasiE3udicial
bodies are effective unless disapproved b" the
Supre!e Court.
A. Test to Dete(&ine w#et#e( t#e (ules !i&inis#'
inc(ease o( &o!if) sustanti"e (i*#ts
(. $f the rule ta.es awa" a vested ri/ht5 it is a
substantive !atter.
1. $f the rule creates a ri/ht5 it !a" be a
substantive !atter.
2. $f it operates as a !eans of i!ple!entin/
an e7istin/ ri/ht5 then the rule deals !erel"
with procedure. 9-abian v. Disierto:
Illust(ati"e cases w#e(e t#e (ule &e(el) !eals
wit# p(oce!u(e%
Mania*o ". CA' 366:
'he rule that unless a reservation to file a
separate civil action is reserved5 the civil case is
dee!ed filed with the cri!inal case is not about
substantive ri/hts. hether the two actions !ust
be tried in a sin/le proceedin/ is a !atter of
procedure.
-aian ". Desie(to' 3667
'he transfer b" the Supre!e Court of pendin/
cases involvin/ a review of decision of the Jffice
of the J!buds!an in ad!inistrative actions to
the Court of Appeals is !erel" procedural. 'his is
because5 it is not the ri/ht to appeal of an
a//rieved part" which is affected b" law. 'he
right has been preserved. Jnl" the procedure b"
which the appeal is to be !ade or decided has
been chan/ed.
People ". Lacson' AJJ SCRA 2:8
(!his is %uite con#using because o# the dates/
+acts" ,espondent was char/ed with !ultiple
!urder. #e filed a !otion with the trial court for
3udicial deter!ination of probable cause. Jn
;arch 1)5 ()))5 the trial court dis!issed the
cases provisionall". Jn Dece!ber (5 1CCC5 the
,evised ,ules on Cri!inal Procedure too.
effect. Section * of ,ule ((+ allowed the revival
of the case which was provisionall" dis!issed
onl" within two "ears. Jn &une >5 1CC(5 the
cri!inal cases a/ainst respondent were refilled.
,espondent ar/ued that the refillin/ of the cases
was barred. 'he prosecution ar/ued that under
Article )C of the ,evised Penal Code5 it had
twent" "ears to prosecute respondent.
Hel!"
Is the rule merel' proce!uralM Tes5 the rule is
!erel" procedural. Section *5 ,ule ((+ is not a
statute of li!itations. 'he twoE"ear bar under the
rule does not reduce the periods under Article )C
of the ,evised Penal Code. $t is but a li!itation
of the ri/ht of the State to revive a cri!inal case
a/ainst the accused after the case had been
filed but subse<uentl" provisionall" dis!issed
with the e7press consent of the accused. 4pon
the lapse of the period under the new rule5 the
State is presu!ed to have abandoned or waived
its ri/ht to revive the case. 'he prescription
periods under the ,evised Penal Code are not
di!inished.
Is the refillin# of cases %arre! in this caseE
Do. A procedural law !a" not be applied
(C6
SCHOOL OF LAW
ARIS S. MANGUERA
retroactivel" if to do so would wor. in3ustice or
would involve intricate proble!s of due process.
'he ti!eEbar of two "ears under the new rule
should not be applied retroactivel" a/ainst the
State. $f the ti!eEbar were to be applied
retroactivel" so as to co!!ence to run on ;arch
2(5 ()))5 when the prosecutor received his cop"
of the resolution dis!issin/ the cases5 instead of
/ivin/ the State two "ears to revive the
provisionall" dis!issed cases5 the State would
have considerabl" less than two "ears to do so.
'he period before Dece!ber (5 1CCC should be
e7cluded in the co!putation of the twoE"ear
period5 because the rule prescribin/ it was not
"et in effect at that ti!e and the State could not
be e7pected to co!pl" with it.
668
Illust(ati"e cases w#e(e t#e (ule !eals wit#
sustanti"e &atte(%
PNB ". Asuncion' 7J SCRA G23
+acts" Petitioner filed a collection case a/ainst
several solidar" debtors. Jne of the! died
durin/ the pendenc" of the case. 'he court
dis!issed the case a/ainst all the defendants on
the /round that the petitioner should file a clai!
in the estate proceedin/s. Petitioner ar/ued that
the dis!issal should be confined to the
defendant who died.
Hel!" Article (1(> of the Civil Code /ives the
creditor the ri/ht to proceed a/ainst an"one of
the solidar" debtors or so!e or all of the!
si!ultaneousl". #ence5 in case of the death of
one of the!5 the creditor !a" proceed a/ainst
the survivin/ debtors. 'he ,ules of Court cannot
be interpreted to !ean that the creditor has no
choice but to file a clai! in the estate of the
deceased. Such construction will result in the
di!inution of the substantive ri/hts /ranted b"
the Civil Code.
66>
Sante(o ". C-I' 3BG SCRA 827
+acts" Durin/ the pendenc" of the proceedin/
for the settle!ent of the estate of the deceased5
respondents5 who were children of the deceased5
filed a !otion as.in/ for an allowance for their
support. Petitioners5 who were children of the
deceased with another wo!an5 opposed on the
/rounds that petitioners were alread" of !a3orit"
a/e and under Section 2 of ,ule *25 the
allowance could be /ranted onl" to !inor
children.
Hel!" Article (** of the Civil Code /rants
children the ri/ht to support even be"ond the a/e
of !a3orit". #ence5 the respondent were entitled
to the allowance. Since5 the ri/ht to support
/ranted b" the Civil Code is substantive5 it
44%
1acinto 1imene), Political "aw Compendium &44 (2##+ ed.*
44+
cannot be i!paired b" Section 25 ,ule *2 of the
,ules of Court.
66+
Da&asco ". LaMui' 3:: SCRA 23A
+acts" Petitioner was char/ed with /rave
threats. 'he trial court convicted hi! of li/ht
threats. Petitioner !oved for reconsideration
because the cri!e of which he was convicted
had alread" prescribed when the infor!ation was
filed.
Hel!" hile an accused who fails to !ove to
<uash is dee!ed to waive all ob3ection which are
/rounds to <uash5 this rule cannot appl" to
prescription. Prescription e7tin/uishes cri!inal
liabilit". 'o appl" the said rule will contravene
Article *) of the ,evised Penal Code which is
substantive. 'he rules pro!ul/ated b" the
Supre!e Court !ust not di!inish5 increase or
!odif" substantive ri/hts.
66*
Oal!i"ia ". Re)es' 233 SCRA 288
-acts%
Jn ;a" 2C5 ())C5 a co!plaint was filed with the
provincial prosecutor a/ainst petitioner for
violatin/ an ordinance b" <uarr"in/ without a
!a"or@s per!it. 'he infor!ation was filed in court
on Jctober 15 ())C. Petitioner !oved to <uash
on the /round that under Act 221>5 violations of
!unicipal ordinances prescribe in two !onths
and the prescriptive period is suspended onl"
upon the institution of 3udicial proceedin/s. 'he
prosecution ar/ued that under Section (5 ,ule
((C of the ,ules on Cri!inal Procedure5 the filin/
of a case for preli!inar" investi/ation interrupts
the prescriptive period.
Hel!" $f there is a conflict between Act Do. 221>
and ,ule ((C of the ,ules on Cri!inal
Procedure5 the for!er !ust prevail. P(esc(iption
in c(i&inal cases is a sustanti"e (i*#t.
66)
Illust(ati"e case w#e(e (et(oacti"e application
of a (ulin* will affect sustanti"e (i*#t%
LBP ". De Leon' G66 SCRA G8:
+acts" 'he Supre!e Court ruled that in
accordance with Section >C of the
Co!prehensive A/rarian ,efor! Law5 appeals
fro! the Special A/rarian Courts should be
!ade b" filin/ a petition for review instead of
!erel" filin/ a notice of appeal. Petitioner filed a
!otion for reconsideration5 in which it pra"ed that
the rulin/ be applied prospectivel".
Hel!" Before the case reached the Supre!e
Court5 petitioner had no authoritative /uideline
on how to appeal decision of Special A/rarian
Courts in the li/ht of see!in/l" conflictin/
provisions of Section >C and >( of the
44/
1acinto 1imene), Political "aw Compendium, &4& (2##+ ed.*
442
44$
(C8
SCHOOL OF LAW
ARIS S. MANGUERA
Co!prehensive A/rarian ,efor! Law5 because
Section >( provided that review shall be
/overned b" the ,ules of Court. 'he Court of
Appeals had rendered conflictin/ decisions on
this precise issue. #ence5 the decision of the
Supre!e Court should be applied prospectivel"
because it affects substantive ri/ht. $f the rulin/
is /iven retroactive application5 it will pre3udice
the ri/ht of appeal of petitioner because its
pendin/ appeals in the Court of Appeals will be
dis!issed on a !ere technicalit" thereb"5
sacrificin/ their substantial !erits.
68C
B. Rules Conce(nin* t#e p(otection an!
enfo(ce&ent of constitutional (i*#tsK Rules
Conce(nin* plea!in*' p(actice an! p(oce!u(e in
cou(ts
Powe( to Ma9e RulesK W(it of A&pa(o.
'he ,ules on the rit of A!paro is pro!ul/ated b"
the Court based on its power to pro!ul/ate rules
for the protection and enforce!ent of constitutional
ri/hts. $n li/ht of the prevalence of e7tra le/al .illin/
and enforced disappearances5 the Supre!e Court
resolved to e7ercise for the first ti!e its power to
pro!ul/ate rules to protect our people@s
constitutional ri/hts.
W(it of A&pa(o 9())( Bar Question:
a. Et)&olo*). AA!paroB co!es fro!
Spanish verb Aa!pararB !eanin/ Ato protect.

. Natu(e% A writ to protect ri/ht to life5 libert"
and securit" of persons.
c& Section : of ,he Rule on the Writ of
Amparo" A'he petition for a writ of a!paro is a
re!ed" available to an" person whose ri/ht to
life5 libert" and securit" is violated or
threatened with violation b" unlawful act or
o!ission of a public official or e!plo"ee5 or of
a private individual or entit". 'he writ shall
cover e7trale/al .illin/s and enforced
disappearances or threats thereof.B (0ote that
not all constitutional rights are coered by this
9ule> only right to li#e, liberty and security/
W(it of 0aeas Data. 'he writ of habeas data is a
re!ed" available to an" person whose ri/ht to
privac" in life5 libert" or securit" is violated or
threatened b" an unlawful act or o!ission of a
public official or e!plo"ee5 or of a private individual
or entit" en/a/ed in the /atherin/5 collectin/ or
storin/ of data or infor!ation re/ardin/ the person5
fa!il"5 ho!e and correspondence of the a//rieved
part". 9Section (5 'he ,ule on the #abeas Data:
In Re" Re2uest for Creation of Special Division-
A&M& No& H;=:=HI=SC 3;HH;4= $t was held that it is
within the co!petence of the Supre!e Court5 in
4%#
1acinto 1imene), Political "aw Compendium, &4% (2##+ ed.*
the e7ercise of its power to pro!ul/ate rules
/overnin/ the enforce!ent and protection of
constitutional ri/hts and rules /overnin/ pleadin/5
practice and procedure in all courts5 to create a
Special Division in the Sandi/anba"an which will
hear and decide the plunder case of &oseph
Estrada.
Re*ulation of De&onst(ations
+acts" Petitioner applied for a per!it to hold a rall"
in fro! of the &ustice #all to protest the dela" in the
disposition of the cases of his clients. 'he !a"or
refused to issue the per!it on the /round that it
was prohibited b" the ,esolution of the Supre!e
Court dated &ul" +5 ())*5 which prohibited rallies
within two hundred !eters of an" court buildin/.
Petitioners ar/ued that the ,esolution a!ended
the Public Asse!bl" Act in violation of the
separation of powers.
Hel!" 'he e7istence of the Public Asse!bl" Act
does not preclude the Supre!e Court fro!
pro!ul/atin/ rules re/ulatin/ the conduct of
de!onstration in the vicinit" of courts to assure the
people of an i!partial and orderl" ad!inistration of
3ustice as !andate b" the Constitution. 9$n re
Val!onte5 1)> SC,A 7i:
ReMui(e&ent of Inte(national A*(ee&ent
+acts" 'he Philippines si/ned the A/ree!ent
establishin/ the orld 'rade Jr/ani0ation. 'he
Senate passed a resolution concurrin/ in its
ratification b" the President.
Petitioners ar/ued that Article 26 of the General
Provisions and Basic Principles of the A/ree!ent
on 'radeE,elated Aspects of $ntellectual Propert"
,i/hts is unconstitutional. Article 26 re<uires
!e!bers to create a !isputa%le presumption in
civil procee!in#s that a product shown to be
identical to one produced with the use o# a
patented process shall be dee!ed to have been
obtained b" illegal use o# the patented process if
the product obtained b" the patented process is
new or there is a substantial li.elihood that the
identical product was !ade with the use of the
patented process but the owner of the patent could
not deter!ine the e7act process used in obtainin/
the identical product. Petitioners ar#ue! that this
impaire! the rule=ma(in# poer of the Supreme
Court&
Hel!" Article 26 should present no proble!.
Section >C of the Patent Law provides a si!ilar
presu!ption in cases of infrin/e!ent of a patented
desi/n or utilit" !odel. Article 26 does not contain
an unreasonable burden as it is consistent with due
process and the adversarial s"ste!. Since the
Philippines is si/nator" to !ost international
conventions on patents5 trade!ar.s and
cop"ri/hts5 t#e a!+ust&ent in t#e (ules of
(C>
SCHOOL OF LAW
ARIS S. MANGUERA
p(oce!u(e will not e sustantial. 9'anada v.
An/ara5 1+1 SC,A (*:
68(
Powe( to Suspen! Its Own Rules. Section 898: of
the Constitution /ives this Court the power to
LHpIro!ul/ate rules concernin/ the protection and
enforce!ent of constitutional ri/hts5 pleadin/5
practice and procedure in all courts.L 'his includes
an inherent power to suspend its own rules in
particular cases in order to do 3ustice.
681
:. A!&ission to t#e P(actice of Law
Rule on Con!uct of Officials. Section )C of the
Local Govern!ent Code which prohibits law"ers
who are !e!bers of a local le/islative bod" to
practice law is not an infrin/e!ent on the power of
the Court to provide for rules for the practice of law.
'he law !ust be seen not as a rule on practice of
law but as a rule on the conduct of officials
intended to prevent conflict of interest. 9&avellana v.
D$LG5 ())1:
Ba( -lun9e(s Act. After the Supre!e Court has
declared candidates for the bar as havin/ flun.ed
the e7a!inations5 Con/ress !a" not pass a law
lowerin/ the passin/ !ar. and declarin/ the sa!e
candidates as havin/ passed. 'his would a!ount
to not 3ust a!endin/ the rules but reversin/ the
Court@s application of an e7istin/ rule. 9In re
Cunanan 5 )6 phil 826 9()86::
Nullification of Ba( Results. $n 1CC25 the Court
nullified the results of the e7a!s on Co!!ercial
Law when it was discovered that the Bar <uestions
had been lea.ed. 9Bar !atter Do. (1115 1CC6:
8. Inte*(ation of t#e Ba(
a. )ar E refers to the collectivit" of all persons
whose na!es appear in the ,oll of Attorne"s.
. Inte#ration of the Philippine )ar E !eans the
official unification of the entire law"er population of
the Philippines. 'his re<uires !e!bership and
financial support 9in reasonable a!ount: of ever"
attorne" as conditions sine %ua non to the practice
of law and the retention of his na!e in the ,oll of
Attorne"s of the Supre!e Court. (In re $nte/ration
of the Bar of the Philippines:
c. Purpose of an inte#rate! )ar- in #eneral are=
(. Assist in the ad!inistration of 3usticeG
1. -oster and !aintain5 on the part of its
!e!bers5 hi/h ideals of inte/rit"5 learnin/5
professional co!petence5 public service and
conductG
2. Safe/uard the professional interests of its
!e!bersG
4%1
1acinto 1imene), Political "aw Compendium, &4/ (2##+ ed.*
4%2
Lim et al v CA! @.=. :o. 14$/42, :ovember 1+,
2##+.
6. Cultivate a!on/ its !e!bers a spirit of
cordialit" and brotherhoodG
8. Provide a foru! for the discussion of law5
3urisprudence5 law refor!5 pleadin/5 practice5
and procedure5 and the relation of the Bar to
the Bench and to the public5 and public relation
relatin/ theretoG
>. Encoura/e and foster le/al educationG
+. Pro!ote a continuin/ pro/ra! of le/al research
in substantive and ad3ective law5 and !a.e
reports and reco!!endations thereonG and
2. Enable the Bar to dischar/e its public
responsibilit" effectivel" 9In re Integration o# the
8ar o# the +hilippines/
!. In (e% Att). Ma(cial E!illon. $n this case5 Att".
Edillon ob3ects to the re<uire!ent of !e!bership
in the inte/rated bar as a preEcondition to the
practice of law. 'his /ave the Court the opportunit"
to ventilate so!e basic notions underl"in/ bar
inte/ration.
(. 'he practice of law is a privile/e that is
sub3ect to reasonable re/ulation b" the
StateG
1. Bar inte/ration is !andated b" the
ConstitutionG
2. 'he law"er is not bein/ co!pelled to 3oin
the association. Passin/ the bar
e7a!ination alread" !ade hi! a !e!ber
of the bar. 'he onl" co!pulsion to which
he is sub3ected is the pa)&ent of annual
!ues5 and this is 3ustified b" the need for
elevatin/ the <ualit" of le/al professionG
6. 'he Constitution vests in the SC plenar"
powers re/ardin/ ad!ission to the bar.
e. Lette( of Att) A(e"alo' 2JJB. Pa"!ent of dues
is a necessar" conse<uence of !e!bership in the
$nte/rated Bar of the Philippines5 of which no one is
e7e!pt. 'his !eans that the co!pulsor" nature of
pa"!ent of dues subsists as lon/ as one@s
!e!bership in the $BP re!ains re/ardless of the
lac. of practice of5 or the t"pe of practice5 the
!e!ber is en/a/ed in.
682
7. Con*(ess an! t#e Rules of Cou(t
)ernas Primer" ,ules issued b" the Supre!e
Court !a" be repealed5 altered5 or supple!ented
b" Con/ress because Con/ress has plenar"
le/islative power. 'he silence of the Constitution on
the sub3ect can onl" be interpreted as !eanin/ that
there is no intention to di!inish that plenar" power.
$n fact5 ,A *)+6 which re<uires full pa"!ent before
the sate !a" e7ercise proprietar" ri/hts5 contrar" to
,ule >+ which re<uires a deposit5 was reco/ni0ed
b" Court in 9epublic . 6ingoyon5 EGG5. 9An earlier
obiter dictum in 1chegaray . Sec. o# ;ustice, '(((,
said that Congress has no power to amend 9ules.
4%&
"etter of Att-. Cecilio J. Arevalo, =eFuesting 9.emptions from
Pa-ment of 0,P Dues, 4a- $, 2##%.
(C+
SCHOOL OF LAW
ARIS S. MANGUERA
!his was repeated by +uno and Carpio in dissent
in 9epublic . 6ingoyon/
F5F
Nachura 3;HHG4" Con/ress cannot a!end the
,ules of Court. A'he ()*+ Constitution too. awa"
the power of Con/ress to repeal5 alter or
supple!ent rules concernin/ pleadin/ and
procedure. $n fine5 the power to pro!ul/ate rules of
pleadin/5 practice and procedure is no lon/er
shared b" this Court with Con/ress5 !ore so with
the E7ecutive.B Echa/ara" v. Secretar" of &ustice
9())):
ASM% -ollow Bernas@ view. Article SV$$$5 Section (C
provides= A'he provisions of the e7istin/ ,ules of
Court5 3udiciar" acts5 and procedural laws not
inconsistent with this Constitution shall re!ain
operative unless amen!e! or repeale! %' the
Supreme Court or the Con#ressB
0. Appoint&ent of Cou(t Pe(sonnel
'he authorit" of the Supre!e Court to appoint its
own official and e!plo"ees is another !easure
intended to safe/uard the independence of the
&udiciar". #owever5 the Court@s appointin/ authorit"
!ust be e7ercised Ain accordance with the Civil
Service Law.B
688
Dote that Section 89>: e!powers the Supre!e
Court not onl" to appoint its own officials and
e!plo"ees but of the &udiciar" itself.
$t should also be recalled that courts !a" be /iven
authorit" b" Con/ress Ato appoint officers lower in
ran..B 9art. + Q(>:
I. A!&inist(ati"e Supe("ision of Cou(ts
St(en*t#ens In!epen!ence. Section > provides
that the Supre!e Court shall have ad!inistrative
supervision b" the Supre!e Court over all lower
courts and the personnel thereof. $t is a si/nificant
innovation towards stren/thenin/ the
independence of the 3udiciar". Before ()+2
Constitution5 there was no constitutional provision
on the sub3ect and ad!inistrative supervision over
the lower courts and their personnel was e7ercised
b" the Secretar" of &ustice.
68>
'he previous setEup
i!paired the independence of 3ud/es who tended
to defer to the pressures and su//estions of the
e7ecutive depart!ent in e7chan/e for favorable
action on their re<uests and ad!inistrative
proble!s.
68+
4%4
,ernas Primer at &%2 (2##+ ed.*
4%%
,ernas Commentar-, p $/$ (2##& ed*.
4%+
4%/
E@clusi"e Supe("ision. Article V$$$5 Section >
e7clusivel" vests in the Supre!e Court
ad!inistrative supervision over all courts and court
personnel5 fro! the Presidin/ &ustice of the Court
of Appeals down to the lowest !unicipal trial court
cler.. B" virtue of this power5 it is onl" the Supre!e
Court that can oversee the 3ud/es@ and court
personnel@s co!pliance with all laws5 and ta.e
proper ad!inistrative action a/ainst the! if the"
co!!it an" violation thereof. 0o other branch o#
goernment may intrude into this power, without
running a#oul to the doctrine o# separation o#
powers. 9;aceda v. Vas<ue0:
O&u!s&an an! SCLs Powe( of Supe("ision.
'he J!buds!an !a" not initiate or investi/ate a
cri!inal or ad!inistrative co!plaint before his
office a/ainst a 3ud/eG the J!buds!an !ust first
indorse the case to the Supre!e Court for
appropriate action. 9-uentes v. Jffice of
J!buds!an5 1CC(:
A!&inist(ati"e P(ocee!in*' Confi!ential.
Ad!inistrative proceedin/s before the Supre!e
Court are confidential in nature in order to protect
the respondent therein who !a" turn out to be
innocent of the char/es. 9Godine0 v. Alano5 ())):
Accordin/ to Bernas5 the power of ad!inistrative
supervision of the Supre!e Court5 includes the
power Hsittin/ en bancI to discipline 3ud/es of lower
courts5 or order their dis!issal.
68*
4. Disciplina() Powe(s
Section 33
'he ;e!bers of the Supre!e Court and 3ud/es of lower
courts shall hold office durin/ /ood behavior until the"
reach the a/e of sevent" "ears or beco!e incapacitated
to dischar/e the duties of their office. 'he Supre!e Court
en banc shall have the power of discipline 3ud/es of lower
courts5 or order their dis!issal b" a vote of a !a3orit" of
the ;e!bers who actuall" too. part in the deliberations
on the issues in the case and voted thereon.
3. Powe( to Discipline
'he power of the Supre!e Court to discipline
3ud/es of inferior courts or to order their dis!issal
is e7clusive. $t !a" not be vested in an" other
bod". Dor !a" Con/ress pass a law that 3ud/es of
lower courts are re!ovable b" i!peach!ent.
68)
2. Disciplina() Actions
Besides re!oval5 such other disciplinar" !easures
as suspension5 fine and repri!and can be !eted
out b" the Supre!e Court on errin/ 3ud/es.
6>C
4%2
4%$
4+#
Cru), Philippine Political "aw, p. 2+/ (1$$% ed*.
(C*
SCHOOL OF LAW
ARIS S. MANGUERA
G. ReMui(e&ent fo( Disciplina() Actions
Disciplina() Action Decision
Dis!issal of 3ud/es5
Disbar!ent of a
law"er5 suspension
of either for !ore
than ( "ear or a fine
e7ceedin/ (C5CCC
pesos 9+eople .
6acott:I
Decision en banc 9b"
a vote of a !a3orit" of
the !e!bers who
actuall" too. part in
the deliberations on
the issues in the case
and voted thereon:
Jther disciplinar"
actions
Decision of a division
is sufficient 9People v.
Gacott:
A. SC Dete(&ines w#at ;*oo! e#a"io(? is.
&ud/es of lower courts shall hold office durin/ *oo!
e#a"io( until the" reach the a/e of sevent" "ears or
beco!e incapacitate! to dischar/e the duties of their
office.
$t is sub!itted that the Supre!e Court alone can
deter!ine what /ood behavior is5 since the SC
alone can order their dis!issal.
6>(
B. SC Dete(&ines w#et#e( a +u!*e #as eco&e
incapacitate!
'he power to deter!ine incapacit" is part of the
overall ad!inistrative power which the Supre!e
Court has over its !e!bers and over all the
!e!bers of the 3udiciar".
6>1
5. Conte&pt Powe(s
Jne of the essential powers of ever" court under
our s"ste! of /overn!ent is that of punishin/ for
conte!pt persons who are /uilt" of disobedience
to its orders or for disrespect to its authorit". 'he
punish!ent is either i!prison!ent or fine.
6>2

Ahile it is sparin/l" to be used5 "et the power of
courts to punish for conte!pts is a necessar" and
inte/ral part of the independence of 3udiciar"5 and
is absolutel" essential to the perfor!ance of the
duties i!posed on the! b" law. ithout it the" are
!ere boards of arbitration5 whose 3ud/!ents and
decrees would onl" be advisor".B
6>6
L. Annual Repo(t
Section 3:. 'he Supre!e Court shall5 within thirt" da"s
fro! the openin/ of each re/ular session of the
Con/ress5 sub!it to the President and the Con/ress an
annual report on the operations and activities of the
&udiciar"
'he purpose of this provision is not to sub3ect the
Court to the President and to the Con/ress but
4+1
,ernas Commentar-, p $2/(2##& ed*.
4+2
,ernas Commentar-, p $22(2##& ed*.
4+&
!inco, Philippine Political "aw, p &/2 (1$%4ed*.
4+4
@ompers v. ,uc6Is !tove and =ange co., 221 ?! 412.
si!pl" to enable the 3udiciar" to infor! /overn!ent
about its needs. 9$ ,ECJ,D 8(CE8(1:
6>8
'he annual report re<uired under this provision can
be the basis of appropriate le/islation and
/overn!ent policies intended to i!prove the
ad!inistration of 3ustice and stren/then the
independence of 3udiciar".
6>>
VI. 4u!icial Re"iew
Definition of *u!icial Revie
Constitutional Supremac'
+unctions of *u!icial Revie
Who Ma' E$ercise
Re2uisites of *u!icial Revie
Political Buestions
Effect of Declaration of @nconstitutionalit'
Partial @nconstitutionalit'
*u!icial Revie %' .oer Courts
Mo!alities of Constitutional Interpretation
A. Definition
&udicial review is the power of the courts to test the
validit" of /overn!ental acts in li/ht of their
confor!it" to a hi/her nor! 9e./. the constitution.:
Fas!
'he power of 3udicial review is the Supre!e Court@s
power to declare a law5 treat"5 international or
e7ecutive a/ree!ent5 presidential decree5
procla!ation5 order5 instruction5 ordinance5 or
re/ulation unconstitutional. 'his power is e7plicitl"
/ranted b" Section 891:5 9a: and 9b:.
6>+
&udicial
,eview is an aspect of &udicial Power.
6>*
T#eo() of 4u!icial Re"iew. 'he Constitution is the
supre!e law. $t was ordained b" the people5 the
ulti!ate source of all political authorit". $t confers
li!ited powers on the national /overn!ent. 7 7 7 $f
the /overn!ent consciousl" or unconsciousl"
oversteps these li!itations there !ust be so!e
authorit" co!petent to hold it in control5 to thwart
its unconstitutional atte!pt5 and thus to vindicate
and preserve inviolate the will of the people as
e7pressed in the Constitution. 'his power the
courts e7ercise. 'his is the be/innin/ and the end
of the theor" of 3udicial review.
6>)
4+%
,ernas Commentar-, p 1### (2##& ed*.
4++
Cru), Philippine Political "aw, p. 2// (1$$% ed*.
4+/
4+2
,ernas Commentar-, p $&/(2##& ed*.
4+$
Doward ". 4ac,ain, P!ome Aspects of 1udicial =eview,P ,acon
"ectures on the Constitution of the ?nited !tates (,ostonA ,oston
?niversit- Deffernan Press, 1$&$*, pp. &/+7// cited in David v.
Arro-o.
(C)
SCHOOL OF LAW
ARIS S. MANGUERA
4u!icial Re"iew in P#ilippine Constitution.
4nli.e the 4S Constitution
6+C
which does not
provide for the e7ercise of 3udicial review b" their
Supre!e Court5 the Philippine Constitution
e7pressl" reco/ni0es 3udicial review in Section
891: 9a: and 9b: of Article V$$$ of the Constitution.
B. P(inciple of Constitutional Sup(e&ac)
&udicial review is not an assertion of superiorit" b"
the courts over the other depart!ents5 but !erel"
an e7pression of the supre!ac" of the
Constitution.
6+(
Constitutional supre!ac" produced
3udicial review5 which in turn led to the accepted
role of the Court as Athe ulti!ate interpreter of the
Constitution.B
6+1
C. -unctions of 4u!icial Re"iew
(. Chec(in#E invalidatin/ a law or e7ecutive
act that is found to be contrar" to the
Constitution.
1. .e#itimatin#= upholdin/ the validit" of the
law.
Rule on t#e Doule Ne*ati"eE 4ses the
ter! Anot unconstitutionalBG the court
cannot declare a law constitutional
because it alread" en3o"s a presu!ption of
constitutionalit"
2. S'm%olic
6+2
E to educate the bench and
the bar as the controllin/ principles and
concepts on !atters of /reat public
i!portance.
$n a Separate Jpinion in -rancisco v. #,5 ;r.
&ustice Adolf A0cuna re!ar.ed=
A'he function of the Court is a necessar" ele!ent
not onl" of the s"ste! of chec.s and balances5 but
also of a or(a%le an! livin# Constitution. -or
absent an a/enc"5 or or/an that can rule5 with
finalit"5 as to what the ter!s of the Constitution
!ean5 there will be uncertaint' if not chaos in
/overnance... 'his is whatK #art calls the need
for a ,ule of ,eco/nition in an" le/al s"ste!KB
D. W#o Ma) E@e(cise
(. Supre!e Court
4/#
'he case of Marbury v. Madison established the doctrine of
5udicial review as a core legal principle in American constitutional
s-stemA B!o if a law be in opposition to the constitution3 of both the
law and the constitution appl- to a particular case, so that the court
must either decide that case conformabl- to the law, disregarding the
constitution3 or conformabl- to the constitution, disregarding the law3
the court must determine which of these conflicting rules governs the
case. 'his is the ver- essence of 5udicial dut-.C
4/1
Angara v. 9lectoral Commission, +& Phil 1&$.
4/2
See Cooper v. Aaron, &%2 ?! 1 (1$%+*
4/&
B'he Court also has the dut" to for!ulate /uidin/ and
controllin/ constitutional principles5 precepts5 doctrines5 or
rules. $t has the s"!bolic function of educatin/ bench and bar
on the e7tent of protection /iven b" constitutional /uarantees.B
9Salon/a v. Pano5 (26 SC,A 62*5 ()*8:
1. $nferior Courts
E. ReMuisites of 4u!icial InMui()14u!icial Re"iew
9())6 Bar Question:
1ssential 9e%uisites
(. 'here !ust be an actual case or
controvers"G 'he <uestion involved !ust be
(ipe for ad3udication.
1. 'he <uestion of constitutionalit" !ust be
raised b" the p(ope( pa(t)G
Au2iliary 9ules
2. 'he constitutional <uestion !ust be raised
at the ea(liest possile oppo(tunit)G
6. 'he decision of the constitutional <uestion
!ust be necessa() to the deter!ination of the
case itself.
(9ead the case o# -rancisco . &9 and :aid .
Arroyo in the original/
3. Actual Case
Actual Case or controvers" involves a conflict
of le*al (i*#ts5 an assertion of opposite le/al
clai!s susceptible of 3udicial deter!ination.
6+6
'he case !ust not be=
(. ;oot or acade!ic or
1. Based on e7traEle/al or other si!ilar
consideration not co/ni0able b"
courts of 3ustice.
6+8
2. A re<uest for advisor" opinion.
6+>
6. #"pothetical or fei/ned constitutional
proble!s
8. -riendl" suits collusivel" arran/ed
between parties without real adverse
interests
6++
Moot Case. A !oot case is one that ceases to
present a 3usticiable controvers" b" virtue of
supervenin/ events5 so that a declaration
thereon would be of no practical use or value.
Generall"5 courts decline 3urisdiction over such
case or dis!iss it on /round of !ootness.
#owever5 Courts will decide cases5 otherwise
!oot and acade!ic5 if=
(. 'here is a /rave violation of the
ConstitutionG
1. 'he e7ceptional character of the
situation and the para!ount public
interest is involved
2. hen the constitutional issue raised
re<uires for!ulation of controllin/
principles to /uide the bench5 the bar5 and
the publicG and
4/4
4/%
Cru), Philippine Political "aw, p. 241 (1$$% ed*3 See Cawaling v.
C;49"9C, &+2 !C=A 4%&*
4/+
4//
,ernas Commentar-, p $&2(2##& ed*.
((C
SCHOOL OF LAW
ARIS S. MANGUERA
6. 'he case is capable of repetition "et
evadin/ review. 9Province of Batan/as vs.
,o!ulo5 61) SC,A +2>G David v. Arro"o
91CC>: Qui0on v. Co!elec5 G.,. Do.
(++)1+5 -ebruar" (85 1CC*.:
'he re<uire!ent of actual controvers"
enco!passes concepts such as ripeness5
standin/5 and the prohibition a/ainst advisor"
3udicial rulin/s 9BP Che!icals v. 4CC5 6 -.2d
)+8:
Ripeness Doct(ine. 'he re<uire!ent that a
case be ripe for 3ud/!ent before a court will
decide the controvers". Ripeness refers to
readiness for ad3udication5
Rationale. 'o prevent the courts5 throu/h
pre!ature ad3udication5 fro! entan/lin/
the!selves in abstract disa/ree!ents.
W#en Not Ripe. A clai! is not ripe for
ad3udication if it rests upon contin/ent future
events that !a" not occur as anticipated5 or
indeed !a" not occur at all.
6+*
Ripeness an! Stan!in#&
A si!ple description of the re<uire!ents of
standin/ and ripeness is found in the words of
&ustice Stone in 0ashille . ,allace. $n that
opinion he referred to= Avaluable le/al ri/htsK
threatened with i!!inent invasion.B 'he
valuable le/al ri/hts constitute the standin/
and the t#(eat of imminent in"asion
constitute t#e (ipeness.
6+)
2. Stan!in*1P(ope( Pa(t) 9())15 ())8 Bar
Question:
P(ope( Pa(t)H A proper part" is one who has
sustained or is in i!!ediate dan/er of
sustainin/ an in3ur" in result of the act
co!plained of.
6*C
Locus Stan!i refers to the ri#ht of
appearance in a court of 3ustice on a /iven
<uestion.
/ene(al Rule%
Direct Interest ,est" 'he persons who
i!pu/n the validit" of a statute !ust have a
Bpersonal and substantial interest in the case
such that he has sustained or will sustain,
direct in?ury as a result.
E@ceptions%
(. Cases of transcendental i!portance
or of para!ount public interest or
4/2
Teas v. =nited States, %2& ?.!. 2$+, &## (1$$2*.
4/$
1erre !. >illiams, Constitutional Anal-sis 1+, (1$/$*.
42#
9. Parte "evitt, &#& ?! +&&3 People v. era +% Phil %2, 2$
(1$&/*.
involvin/ an issue of overarchin/
si/nificance.
1. Cases of Procla!ation of !artial law
and suspension of the privile/e of the
writ of habeas corpus where an'
citi1en !a" challen/e the
procla!ation of suspension. 9art.+
Q(*:
2. 'he ri/ht to infor!ation on !atters of
public concern and the ri/ht to access
to public docu!ents has been
reco/ni0ed as accruin/ to !ere
citi0enship. 9Le/aspi v. CSC5 (8C
SC,A 82C 9()*+:
6. -acial Challen/e 9R:
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
RE.$ISITES of stan!in*%
A citi0en can raise a constitutional <uestion
onl" when=
(. In+u()% #e can show that he has
personall" suffered so!e actual or
threatened in3ur" because of the
alle/edl" ille/al conduct of the
/overn!entG
1. Causation% 'he in3ur" is fairl"
traceable to the challen/ed actionG
and
2. Re!(essailit)% A favorable action
will li.el" redress the in3ur".
9-rancisco v. -ernando G, (>>8C(5
1CC>:
$n a pulic suit' where the plaintiff asserts a
public ri/ht in assailin/ an alle/edl" ille/al
official action5 our Court adopted the Adirect
in3ur" testB in our 3urisdiction. 9David v. Arro"o:
Di(ect In+u() Test% 'he persons who i!pu/n
the validit" of a statute !ust have a Bpe(sonal
an! sustantial inte(est in t#e case suc#
t#at #e #as sustaine! o( will sustain' !i(ect
in+u() as a (esult. 9David v. Arro"o: 9See
People v. Vera5 >8 Phil 8*5 *) 9()2+::.
B" wa" of su!!ar"5 the followin/ rules !a" be
culled fro! the cases decided b" the Supre!e
Court. 'a7pa"ers5 voters5 concerned citi0ens5
and le/islators !a" be accorded standin/ to
sue5 provided that the followin/ re<uire!ents
are !et=
(. the cases involve constitutional issues
1. for ta@pa)e(s5 there !ust be a clai! of
ille/al disburse!ent of public funds or that
the ta7 !easure is unconstitutionalG
2. for "ote(s5 there !ust be a showin/ of
obvious interest in the validit" of the
election law in <uestionG
6. for conce(ne! citiFens5 there !ust be a
showin/ that the issues raised are of
(((
SCHOOL OF LAW
ARIS S. MANGUERA
transcendental i!portance which !ust be
settled earl"G
8. for le*islato(s5 there !ust be a clai! that
the official action co!plained of infrin/es
upon their prero/atives as le/islators
HDa"i! ". A((o)o G.,. Do. (+(2)> 91CC>:I
Illust(ati"e Cases s#owin* e@istence of
stan!in*%
-acts% Petitioners filed a case as ta@pa)e(s
<uestionin/ the validit" of the contract between
DJ'C and respondent b" virtue of which respondent
a/reed to build and lease to the DJ'C a li/ht
railwa" transit s"ste!. ,espondent clai!ed that
petitioners had no standin/ to file the action.
0el!% 'a7pa"ers !a" file action <uestionin/
contracts entered into b" /overn!ent on the /round
that the contract is in contravention of the law. 9'atad
v. Garcia5 162 SC,A 62>:
6*(
-acts% Petitioners who were -ilipino citiFens and
ta7pa"ers5 <uestioned the constitutionalit" of the
$P,A on the /round that it deprived the State of
ownership over lands of the public do!ain and the
natural resources in the! in violation of Section 15
Article S$$ of the Constitution.
0el!% As5 citi0ens5 petitioners possess the public
ri/ht to ensure that the national patri!on" is not
alienated and di!inished in violation of the
Constitution. Since the /overn!ent holds it for the
benefit of the -ilipinos5 a citi0en had sufficient
interest to !aintain a suit to ensure that an" /rant of
concession coverin/ the national patri!on" strictl"
co!plies with the constitutional re<uire!ents.
$n addition5 the $P,A appropriate funds. 'hus5 it is a
valid sub3ect of a ta7pa"er@s suit. 9Cru0 v. Secretar"
of Environ!ent and Datural ,esources5 26+ SC,A
(1*:
6*1
-acts% Petitioner5 a senato(5 <uestioned the
constitutionalit" of Ad!inistrative Jrder Do. 2C*
which provided for the establish!ent of a national
co!puteri0ed identification reference s"ste!.
Petitioner contends that the AJ usurps le/islative
power. 'he /overn!ent <uestioned his standin/ to
file the case.
0el!% As a senator5 petitioner is possessed of the
re<uisite standin/ to brin/ suit raisin the issue that
the issuance of AJ 2C* is a usurpation of le/islative
power. 9Jple v. 'orres5 1)2 SC,A (6(:
6*2
-acts% Petitioners5 who are !inors5 filed a case to
co!pel the Secretar" of Environ!ent and Datural
,esources to cancel the ti!ber license a/ree!ents
and to desist fro! issuin/ new ones on the /round
that deforestation has resulted in da!a/e to the
environ!ent. 'he Secretar" of ar/ued that
petitioners has no cause of action.
0el!% SC said that Petitioners have a ri/ht to a
sound environ!ent5 this is incorporated in Section
(> of Article $$.
421
1acinto 1imene), Political "aw Compendium, &&& (2##+ ed.*
422
1acinto 1imene), Political "aw Compendium, &&4 (2##+ ed.*
42&
1acinto 1imene), Political "aw Compendium, &&+ (2##+ ed.*
SC also said that Petitioners have personalit" to sue
based on the concept of inter/enerational
responsibilit" insofar as the ri/ht to a balanced and
healthful ecolo/" is concerned. ",e #ind no di##iculty
in ruling that they can, #or themseles, #or others o#
their generation and #or the succeeding generation.
!heir personality to sue in behal# o# the succeeding
generations can only be based on the concept o#
intergenerational responsibility inso#ar as the right to
a balanced ecology is concerned.$ 9Jposa v.
-actoran5 ())2:
Illust(ati"e Cases s#owin* asence of
stan!in*%
-acts% 4pon authori0ation of the President5 the
PCGG ordered the sale at public auction of paintin/s
b" old !asters and silverware alle/ed to be ill/otten
wealth of for!er President ;arcos5 his relatives5 and
friends. Petitioners5 who were -ilipino citi0ens5
ta7pa"ers5 and artist5 filed a petition to restrain the
auction.
0el!% Petitioners have no standin/ to restrain the
public auction. 'he paintin/s were donated b"
private persons to the ;;A who owns the!. 'he
pieces of silverware were /iven to the ;arcos
couple as /ifts on their silver weddin/ anniversar".
Since the petitioners are not the owners of the
paintin/s and the silverware5 the" do not possess
an" ri/ht to <uestion their dispositions. 9&o"a v.
PCGG5 118 SC,A 8*>:
6*6
-acts% Petitioner filed a petition in his capacit" as a
ta@pa)e( <uestionin/ the constitutionalit" of the
creation of +C positions for presidential advisers on
the /round that the President did not have the power
to create these positions.
0el!% Petitioner has not proven that he has
sustained an" in3ur" as a result of the appoint!ent
of the presidential advisers. 9Gon0ales v. Darvasa5
22+ SC,A 62+:
6*8
-acts% $n view of the increase in violent cri!es in
;etropolitan ;anila5 the President ordered the PDP
and the Philippine ;arines to conduct 3oint visibilit"
patrols for the purpose of cri!e prevention and
suppression. $nvo.in/ its responsibilit" to uphold the
rule of law5 the $nte/rated Bar of the Philippines
<uestioned the validit" of the order.
0el!% the !ere invocation of the $BP of the
Philippines of its dut" to preserve the rule of law is
not sufficient to clothe it with standin/ in this case.
'his is too /eneral an interest which is shared b" the
whole citi0enr". 'he $BP has not shown an" specific
in3ur" it has suffered or !a" suffer b" virtue of the
<uestioned order. 'he $BP pro3ects as in3urious the
!ilitari0ation of law enforce!ent which !i/ht
threaten de!ocratic institutions. 'he presu!ed
in3ur" is hi/hl" speculative. 9$BP v. Pa!ora5 22*
SC,A *(:
6*>
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
424
1acinto 1imene), Political "aw Compendium, &&/ (2##+ ed.*
42%
1acinto 1imene), Political "aw Compendium, &&2 (2##+ ed.*
42+
1acinto 1imene), Political "aw Compendium, &&$ (2##+ ed.*
((1
SCHOOL OF LAW
ARIS S. MANGUERA
T(anscen!ental I&po(tance Bein/ a !ere
procedural technicalit"5 the re<uire!ent of
locus standi !a" be waived b" the Court in the
e7ercise of its discretion. 'hus5 the Court has
adopted a rule that even where the petitioners
have failed to show direct in3ur"5 the" have
been allowed to sue under the principle of
Lt(anscen!ental i&po(tance.L HDa"i! ".
A((o)o G.,. Do. (+(2)> 91CC>:I
W#en an Issue Consi!e(e! of
T(anscen!ental I&po(tance%
An issue is of transcendental i!portance
because of the followin/=
9(: the character of the funds or other assets
involved in the caseG
91: the presence of a clear disre/ard of a
constitutional or statutor" prohibition b" an
instru!entalit" of the /overn!entG and
92: the lac. of an" other part" with a !ore
direct and specific interest in raisin/ the
<uestion. 9-rancisco vs. #ouse of
,epresentatives5 6(8 SC,A 66G Senate v.
Er!ita G.,. Do. (>)+++ 91CC>::
-acial C#allen*e
A78
.
'he established rule is that a part" can
<uestion the validit" of a statute onl" if5 as
applied to hi!5 it is unconstitutional. 'he
e7ception is the soEcalled Afacial challen/e.B
But the onl" ti!e a facial challen/e to a statute
is allowed is when it operates in the area of
freedo! of e7pression. $n such instance5 the
Aoverbreadth doctrineB per!its a part" to
challen/e to a statute even thou/h5 as applied
to hi!5 it is not unconstitutional5 but it !i/ht be
if applied to others not before the Court whose
activities are constitutionall" protected.
$nvalidation of the statute Aon its faceB5 rather
than Aas appliedB5 is per!itted in the interest of
preventin/ a Achillin/ effectB on freedo! of
e7pression 9&ustice ;endo0a@s concurrin/
opinion in Cru0 v. DED,5 G.,. Do. (282)85
Dece!ber C>5 1CCC: A facial challen/e to a
le/islative act is the !ost difficult challen/e to
!ount successfull" since the challen/e !ust
establish that no set of circu!stances e7ists
under which the act would be valid. 9Estrada v.
Sandi/anba"an5 G.,. Do. (6*8>C5 Dove!ber
()5 1CC(:
6**
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
)ernas" $n su!5 it !a" be said that the
concept of locus standi as it e7ists in Philippine
42/
Facial Challenge is a manner of challenging a statute in court, in
which the plaintiff alleges that the statute is alwa-s, and under all
circumstances, unconstitutional, and therefore void.
422
Antonio ,. :achura, ;utline<=eviewer in Political "aw 2& (2##+
ed.*
3urisprudence now has departed fro! the
ri/orous A!erican concept.
6*)
G. Ea(liest Oppo(tunit)
/ene(al Rule= Constitutional <uestion !ust be
raised at the earliest possible opportunit"5 such
that if it is not raised in the pleadin/s5 it cannot
be considered at the trial5 and5 if not
considered in trial5 cannot be considered on
appeal.
E@ceptions%
(. $n cri!inal cases5 the constitutional
<uestion can be raised at an" ti!e in
the discretion of the court.
1. $n civil cases5 the constitutional
<uestion can be raised at an" sta/e if
it is necessar" to the deter!ination of
the case itself.
2. $n ever" case5 e7cept where there is
estoppel5 the constitutional <uestion
!a" be raised at an" sta/e if it
involves 3urisdiction of the court.
6)C
A. Necessit)1 Lis Mota
Rule% 'he Court will not touch the issue of
unconstitutionalit" unless it reall" is
una"oi!ale o( is t#e "e() lis mota.
F('
Reason% 'he reason wh" courts will as !uch
as possible avoid the decision of a
constitutional <uestion can be traced to the
doctrine of separation of powers which en3oins
upon each depart!ent a proper respect for the
acts of the other depart!ents. 'he theor" is
that5 as the 3oint act of the le/islative and
e7ecutive authorities5 a law is supposed to
have been carefull" studied and deter!ined to
be constitutional before it was finall" enacted.
#ence5 as lon/ as there is so!e other basis
that can be used b" the courts for its decision5
the constitutionalit" of the challen/ed law will
not be touched and the case will be decided
on other available /rounds.
6)1
Motu P(opio E@e(cise of 4u!icial Re"iew.
hile courts will not ordinaril" pass upon
constitutional <uestions which are not raised in
the pleadin/s5 a court is not precluded fro!
in<uirin/ into its own 3urisdiction or be
co!pelled to enter a 3ud/!ent that it lac.s
3urisdiction to enter. Since a court !a"
deter!ine whether or not it has 3urisdiction5 it
necessaril" follows that it can in<uire into the
42$
,ernas Commentar-, p $4$(2##& ed*.
4$#
4$1
,ernas Commentar-, p $%2(2##& ed*.
4$2
((2
SCHOOL OF LAW
ARIS S. MANGUERA
constitutionalit" of a statute on which its
3urisdiction depends. 9-abian v. Desierto5 1)8
SC,A 6+C:
6)2
-. Political .uestions 9())8 Bar Question:
;usticiable . +olitical Juestion
:e#inition o# +olitical Juestion
6uidelines (8aker . Carr/
;usticiable . +olitical
Suspension o# ,rit and +roclamation o# M7
Calling 3ur +ower o# the +resident
Impeachment o# a Supreme Court ;ustice
3. 4usticiale ". Political .uestions
'he distinction between 3usticiable and political
<uestions can perhaps best be illustrated b" the
suspension or e7pulsion of a !e!ber of Con/ress5
which !ust be based upon the /round of
Adisorderl" behaviorB and concurred in b" at least
1%2 of all his collea/ues. 'he deter!ination of what
constitutes disorderl" behavior is a political
<uestion and therefore not co/ni0able b" the courtG
but the disciplinar" !easure !a" nonetheless be
disauthori0ed if it was supported b" less than the
re<uired vote. 'he latter issue5 dealin/ as it does
with a procedural rule the interpretation of which
calls onl" for !athe!atical co!putation5 is a
3usticiable <uestion.
6)6
2. Political .uestions' Definition
Political <uestions are those <uestions which under
the Constitution are=
(. 'o be decided b" the people in their
soverei/n capacit"5 or
1. $n re/ard to which full discretionar"
authorit" has been dele/ated to the
le/islative or e7ecutive branch of the
/overn!ent.
6)8
9'anada v. Cuenco5 ()>8:
Political <uestions connotes A2uestions of polic'&B
$t is concerned with issues !epen!ent upon the
is!om5 not le/alit"5 of a particular !easure.
9'anada v. Cuenco:
G. /ui!elines fo( !ete(&inin* w#et#e( a
Muestion is political.
,e$tual <in!
4$&
1acinto 1imene), Political "aw Compendium, &&# (2##+ ed.*
4$4
Cru), Philippine Political "aw, p. /2(1$$% ed*.
4$%
Cru)A >here the matter falls under the discretion of another
department or especiall- the people themselves, the decision reached
is in the categor- of a political Fuestion and conseFuentl- ma- not be
the sub5ect of 5udicial review.
Accordingl-, considerations affecting the wisdom, efficac- or
practicabilit- of a law should come under the e.clusive 5urisdiction
of Congress. !o too, is the interpretation of certain provisions of the
Constitution, such as the phrase Bother high crimesC as ground for
impeachment.
3. A te@tuall) !e&onst(ale constitutional
co&&it&ent of t#e issue to a political
!epa(t&entK
+unctional <in!
2. Lac9 of +u!iciall) !isco"e(ale an!
&ana*eale stan!a(!s fo( (esol"in* itK
G. I&possiilit) of !eci!in* a case
wit#out an initial !ete(&ination of a
9in! clea(l) fo( nonH+u!icial !isc(etionK
DBa9e( ". Ca((' G:6 $S 37: D36:2EE
A6:
+rudential !ype
A. $!possibilit" of a court@s underta.in/
independent resolution without e7pressin/
lac. of the respect due coordinate
branches of the /overn!entG
B. An unusual need for un<uestionin/
adherence to a political decision alread"
!adeG
:. Potentialit" of e!barrass!ent fro!
!ultifarious pronounce!ents b" various
depart!ents. 9Ba.er v. Carr5 2>) 4S (*>
9()>1:
(8ernas submits that the 6rae Abuse Clause
has eliminated the prudential type o# political
%uestions #rom +hilippine ?urisprudence.
F(*
&ence, the %uestion is not political een there
is an "unusual need #or %uestioning adherence
to a political decision already made> or the
potentiality o# embarrassment #rom
multi#arious pronouncements by arious
departments on one %uestion.$
F()
/
E@a&ples of Te@tual 5in!
A66
%
(. Ale5an!rino v& Bue1on ;G Phil >? 3:8;94
= 'he SC throu/h &ustice ;alcol! held5
A;anda!us will not lie a/asint the le/islative
bod"5 its !e!bers5 or its officers5 to co!pel
the perfor!ance of duties purel" le/islative in
their character which therefore pertain to their
le/islative functions and over which the" have
e7clusive control.B
1. Osmena v& Pen!atun :H8 Phil >G?
3:8GH4" 'he SC refused to interpose itself in
the !atter of suspension of Js!ena &r.5 for a
speech delivered on the floor of Con/ress.
hether he co!!itted Adisorderl" behaviorB
was so!ethin/ in re/ard to which full
discretionar" authorit" had been /iven to the
le/islature.
2. Arro'o v& De Venecia- :88I" 'he issue in
this case was whether the Court could
intervene in a case where the #ouse of
,epresentatives was said to have disre/arded
its own rule. 'he Court said it could not
because the !atter of for!ulatin/ rules have
4$+
,ernas Commentar-, p $%$(2##& ed*3 ,ernas Primer at &42 (2##+
ed.*
4$/
See ,ernas Commentar-, p $%$ (2##& ed*
4$2
4$$
,ernas Commentar-, p $%4(2##& ed*.
((6
SCHOOL OF LAW
ARIS S. MANGUERA
been te7tuall" conferred b" the Constitution on
Con/ress itself. #ence5 provided that no
violation of a constitutional provisions or in3ur"
to private ri/hts was involved5 the Court was
without authorit" to intervene.
6. Santia#o v& 6uin#ona- :88>" Disspute
involved is the selection of a Senate ;inorit"
leader whose position is not created b" the
Constitution but b" Con/ressional rules.
E@a&ples of -unctional 5in!
BJJ
%
(. ,o%ias v& A%alos- :889D Mariano v&
COME.EC- :88F7 Apportion!ent of
representative districts is not a political
<uestion because there acre constitutional
rules /overnin/ apportion!ent.
1. Da1a v& Sin#son- :8>8D Coseten# v&
Mitra- :88HD 6uin#ona v& 6on1ales- :88;"
'he Court intervened in the !anner of for!in/
the Co!!ission on Appoint!ents.
2. )on!oc v& Pine!a" 'he Court invalidated
the e7pulsion of a !e!ber of the #ouse
Electoral 'ribunal.
9All these were done b" the Court because it found
applicable le/al standards.:
A. /(a"e Ause Clause an! Political .uestions
A/ain5 the ?broadened concept@ of 3udicial power is
not !eant to do awa" with the political <uestions
to separation of powers5 to the doctrine on Apolitical
<uestionsB or to the Aenrolled billB rule.
8C(
9())8 Bar
Question:
B. Suspension of t#e W(it of 0C an!
P(ocla&ation of Ma(tial Law
'he action of the President and the Con/ress shall
be sub3ect to review b" the Supre!e Court which
shall have the authorit" to deter!ine the sufficienc"
of the factual basis of such action. 'his !atter is no
lon/er considered a political <uestion.
8C1
:. P(esi!entLs action in callin* out t#e a(&e!
fo(ces
$t !a" be /athered fro! the broad /rant of power
that the actual use to which the President puts the
ar!ed forces5 is unli.e the suspension of the
privile/e of writ of habeas corpus5 not sub3ect to
3udicial review.
8C2
But' while the Court considered the President@s
Acallin/EoutB power as a discretionar" power solel"
vested in his wisdo! and that it cannot be called
upon to overrule the President@s wisdo! or
substitute its own5 it stressed that Athis does not
prevent an e7a!ination of w#et#e( suc# powe(
%##
,ernas Commentar-, p $%/(2##& ed*.
%#1
%#2
%#&
,ernas Commentar-, p 2++ (2##& ed*
was e@e(cise! wit#in pe(&issile constitutional
li&its o( w#et#e( it was e@e(cise! in a &anne(
constitutin* *(a"e ause of !isc(etion. 9$BP v.
Pa!ora: &udicial in<uir" can go no #urther than to
satisf" the Court not that the President@s decision is
correct, but that Athe President did not act
arbitrarily.B 'hus5 t#e stan!a(! is not
co((ectness' ut a(it(a(iness. $t is incu!bent
upon the petitioner to show that the President@s
decision is totall" bereft of factual basisB and that if
he fails5 b" wa" of proof5 to support his assertion5
then Athis Court cannot underta.e an independent
investi/ation be"ond the pleadin/s. 9I)P v&
Jamora cite! in Davi! v& Arro'o:
:. I&peac#&ent Case a*ainst a Sup(e&e Cou(t
4ustice.
-acts% Jn &une 15 1CC25 for!er President &oseph
Estrada filed an i!peach!ent cases a/ainst the Chief
&ustice and seven Associate &ustices of the Supre!e
Court . 'he co!plaint was endorsed b" three
con/ress!en and referred to the Co!!ittee on &ustice of
the #ouse of ,epresentatives. Jn Jctober 115 1CC25 the
Co!!ittee on &ustice voted to dis!iss the co!plaint for
bein/ insufficient in substance. 'he Co!!ittee on &ustice
had not "et sub!itted its report to the #ouse of
,epresentatives.
Jn Jctober 125 1CC25 two con/ress!en filed a co!plaint
a co!plaint for i!peach!ent a/ainst the Chief &ustice in
connection with the disburse!ent a/ainst the Chief
&ustice in connection with the disburse!ent of the
&udiciar" Develop!ent -und. 'he co!plaint was
acco!panied b" a resolution of
endorse!ent%i!peach!ent was acco!panied b" a
resolution of endorse!ent%i!peach!ent si/ned b" at
least oneEthird of the con/ress!en.
Several petitions were filed to prevent further proceedin/s
tin the i!peach!ent case on the /round that the
Constitution prohibits the initiation of an i!peach!ent
proceedin/ a/ainst the sa!e official !ore than once the
sa!e period of one "ear. Petitioners plea! for the SC
to e$ercise the poer of 5u!icial revie to !etermine
the vali!it' of the secon! impeachment complaint.
,he House of Representatives conten! that
impeachment is a political action an! is %e'on! the
reach of 5u!icial revie& ,espondents Spea.er De
Venecia5 et. al. and intervenor Senator Pi!entel raise the
novel ar/u!ent that the Constitution has e7cluded
i!peach!ent proceedin/s fro! the covera/e of 3udicial
review. Briefl" stated5 it is the position of respondents
Spea.er De Venecia et. al. that i!peach!ent is a political
action which cannot assu!e a 3udicial character. #ence5
an" <uestion5 issue or incident arisin/ at an" sta/e of the
i!peach!ent proceedin/ is be"ond the reach of 3udicial
review. -or his part5 intervenor Senator Pi!entel
contends that the SenateYs Lsole power to tr"L
i!peach!ent cases 9(: entirel" e7cludes the application
of 3udicial review over itG and 91: necessaril" includes the
SenateYs power to deter!ine constitutional <uestions
relative to i!peach!ent proceedin/s. 'he" contend that
the e7ercise of 3udicial review over i!peach!ent
proceedin/s is inappropriate since it runs counter to the
fra!ersY decision to allocate to different fora the powers to
tr" i!peach!ents and to tr" cri!esG it disturbs the s"ste!
of chec.s and balances5 under which i!peach!ent is the
((8
SCHOOL OF LAW
ARIS S. MANGUERA
onl" le/islative chec. on the 3udiciar"G and it would create
a lac. of finalit" and difficult" in fashionin/ relief
0el!% 'hat /ranted to the Philippine Supre!e Court and
lower courts5 as e2pressly proided #or in the Constitution5
is not 3ust a power but also a !ut)5 and it was *i"en an
e@pan!e! !efinition to include the power to correct an"
/rave abuse of discretion on the part of an" /overn!ent
branch or instru!entalit". that /ranted to the Philippine
Supre!e Court and lower courts5 as e2pressly proided
#or in the Constitution5 is not 3ust a power but also a !ut)5
and it was *i"en an e@pan!e! !efinition to include the
power to correct an" /rave abuse of discretion on the part
of an" /overn!ent branch or instru!entalit".
'he Constitution provides for several li!itations to the
e7ercise of the power of the #ouse of ,epresentatives
over i!peach!ent proceedin/s. 'hese li!itations include
the oneE"ear bar on the i!peach!ent of the sa!e official.
$t is well within the power of the Supre!e Court to in<uire
whether Con/ress co!!itted a violation of the
Constitution in the e7ercise of its functions. 9-rancisco v.
#ouse of ,epresentatives5 6(8 SC,A 66:
7EEEEE7
,espondents are also of the view that 3udicial review of
i!peach!ents under!ines their finalit" and !a" also
lead to conflicts between Con/ress and the 3udiciar".
'hus5 the" call upon this Court to e7ercise 3udicial
states!anship on the principle that Lwhenever possible5
the Court should defer to the 3ud/!ent of the people
e7pressed le/islativel"5 reco/ni0in/ full well the perils of
3udicial willfulness and pride
0el!% ADid not the people also e7press their will when
the" instituted the safe/uards in the ConstitutionR 'his
shows that the Constitution did not intend to leave the
!atter of i!peach!ent to the sole discretion of Con/ress.
$nstead5 it provided for certain wellEdefined li!its5 or in the
lan/ua/e of 8aker . Carr5
8+
L3udiciall" discoverable
standardsL for deter!inin/ the validit" of the e7ercise of
such discretion5 throu/h the power of 3udicial review.B
/. Effect of Decla(ation of $nconstitutionalit)
Ortho!o$ Vie= An unconstitutional act is not a
lawG it confers no ri/htsG it i!poses no dutiesG it
affords no protectionG it creates no officeG it is
inoperative5 as if it had not been passed at all.
8C6

Ahen courts declare a law to inconsistent with the
Constitution5 the for!er shall be void and the latter
shall /overn.B 9Article + of the Dew Civil Code:
Mo!ern Vie" Certain le/al effects of the statute
prior to its declaration of unconstitutionalit" !a" be
reco/ni0ed. A'he actual e7istence of a statute prior
to such a deter!ination of constitutionalit" is an
ope(ati"e fact and !a" have conse<uences which
cannot alwa"s be erased b" a new 3udicial
declaration.B
8C8
0. Pa(tial $nconstitutionalit)
Also in deference to the doctrine of separation of
powers5 courts hesitate to declare a law totall"
unconstitutional and as lon/ as it is possible5 will
%#4
See :orton v. !helb- Count-, 112 ?! 42%.
%#%
Chicot Count- Drainage Dist. . ,a.ter !tates ,an6 &#2 ?! &/1.
salva/e the valid portions thereof in order to /ive
effect to the le/islative will.
8C>
ReMuisites of Pa(tial $nconstitutionalit)%
(. 'he Le/islature !ust be willin/ to retain the
valid portion9s:.
8C+

1. 'he valid portion can stand independentl" as
law.
I. 4u!icial Re"iew ) Lowe( Cou(ts
Le*al Bases of lowe( cou(tsL powe( of +u!icial
(e"iew%
1. Article VIII- Section :& Since the power of
3udicial review flows fro! 3udicial power
and since inferior courts are possessed of
3udicial power5 it !a" be fairl" inferred that
the power of 3udicial review is not an
e7clusive power of the Supre!e Court.
2. Article VII- Section F3;4& 'his sa!e
conclusion !a" be inferred fro! Article
V$$$5 Section 891:5 which confers on the
Supre!e Court appellate 3urisdiction over
3ud/!ents and decrees of lower courts in
certain cases.
Note= hile a declaration of unconstitutionalit"
!ade b" the Supre!e Court constitutes a
precedent bindin/ on all5 a si!ilar decision of an
inferior court binds onl" the parties in the case.
8C*
4. Mo!alities of Constitutional Inte(p(etation
(. HistoricalE Anal"0in/ the intention of the
fra!ers and the Constitution and the
circu!stances of its ratification.
1. ,e$tual= ,eadin/ the lan/ua/e of the
Constitution as the !an on the street would.
2. Structural= Drawin/ inferences fro! the
architecture of the threeEcornered power
relationships.
6. DoctrinalE ,el" on established precedents
8. Ethical= See.s to interpret the -ilipino !oral
co!!it!ents that are e!bedded in the
constitutional docu!ent.
>. Pru!entialE ei/hin/ and co!parin/ the
costs and benefits that !i/ht be found in
conflictin/ rules.
8C)
VII. Deci!in* a Case
Process of Decision Ma(in#
%#+
Cru), Philippine Political "aw, p. 2%1 (1$$% ed*3 See !enate v.
9rmita.
%#/
?suall- shown b- the presence of separabilit- clause. ,ut even
without such separabilit- clause, it has been held that if the valid
portion is so far independent of the invalid portion, it ma- be fair to
presume that the legislature would have enacted it b- itself if the-
had supposed that the- could constitutionall- do so.
%#2
,ernas Commentar-, p $+4 (2##& ed*.
%#$
((>
SCHOOL OF LAW
ARIS S. MANGUERA
Cases Deci!e! En )anc
Cases Deci!e! in Division
A. P(ocess of Decision Ma9in*
In Consulta
Certi#ication o# Consultation
12planation on Abstention etc.
Statement o# -acts and the 7aw
:enial o# M9 or +etition #or 9eiew
:ecisions o# the Court
+eriod #or :ecision
Certi#ication and 12planation
Section 3G. 'he conclusions of the Supre!e Court in an"
case sub!itted to it for decision en banc or in division
shall be reached in consultation before the case is
assi/ned to a ;e!ber for the writin/ of the opinion of the
Court. A certification to this effect si/ned b" the Chief
&ustice shall be issued and a cop" thereof attached to the
record of the case and served upon the parties. An"
;e!bers who too. no part5 or dissented5 or abstained
fro! a decision or resolution !ust state the reason
therefor. 'he sa!e re<uire!ents shall be observed b" all
lower colle/iate courts.
Section 3A. Do decision shall be rendered b" an" court
without e7pressin/ therein clearl" and distinctl" the facts
and the law on which it is based. Do petition for review or
!otion for reconsideration of a decision of the court shall
be refused due course or denied without statin/ the le/al
basis therefor.
Section 3B. 9(: All cases or !atters filed after the
effectivit" of this Constitution !ust be decided or resolved
within twent"Efour !onths fro! date of sub!ission for the
Supre!e Court5 and5 unless reduced b" the Supre!e
Court5 twelve !onths for all lower colle/iate courts5 and
three !onths for all other lower courts.
91: A case or !atter shall be dee!ed sub!itted for
decision or resolution upon the filin/ of the last pleadin/5
brief5 or !e!orandu! re<uired b" the ,ules of Court or
b" the court itself.
92: 4pon the e7piration of the correspondin/ period5 a
certification to this effect si/ned b" the Chief &ustice or
the presidin/ 3ud/e shall forthwith be issued and a cop"
thereof attached to the record of the case or !atter5 and
served upon the parties. 'he certification shall state wh"
a decision or resolution has not been rendered or issued
within said period.
96: Despite the e7piration of the applicable !andator"
period5 the court5 without pre3udice to such responsibilit"
as !a" have been incurred in conse<uence thereof5 shall
decide or resolve the case or !atter sub!itted thereto for
deter!ination5 without further dela".
3. ;In Consulta?
B3J
'he conclusions of the Supre!e Court in an" case
sub!itted to it for decision en banc or in division
shall be reached in consultation before the case is
assi/ned to a ;e!ber for the writin/ of the opinion
of the Court. 9Section (2:
%1#
After deliberations b- the group.
2. Ce(tification of Consultation an! Assi*n&ent
A certification as re/ards consultation and
assi/n!ent si/ned b" the Chief &ustice shall be
issued and a cop" thereof attached to the record of
the case and served upon the parties. 9Section (2:
Pu(pose. 'he purpose of certification is to ensure
the i!ple!entation of the constitutional
re<uire!ent that decisions of the Supre!e Court
are reached after consultation with !e!bers of the
court sittin/ en banc or in division before the case
is assi/ned to a !e!ber thereof for decisionE
writin/. 9Consin/ v. CA5 ()*):
'he certification b" the Chief &ustice that he has
assi/ned the case to a &ustice for writin/ the
opinion will not e7pose such &ustice to pressure
since the certification will not identif" the &ustice.
8((
Effect of Asence of Ce(tification. 'he absence
of the certification would not necessaril" !ean that
the case sub!itted for decision had not been
reached in consultation before bein/ assi/ned to
one !e!ber for writin/ of the opinion of the Court
since the re/ular perfor!ance of dut" is presu!ed.
'he lac. of certification at the end of the decision
would onl" serve as evidence of failure to observe
certification re<uire!ent and !a" be basis for
holdin/ the official responsible for the o!ission to
account therefore. Such absence of certification
would not have the effect of invalidatin/ the
decision.
8(1
Minute Resolution. ;inute resolutions need not
be si/ned b" the !e!bers of the Court who too.
part in the deliberations of a case nor do the"
re<uire the certification of the Chief &ustice.
9Borro!eo v. CA5 ())C:
G. E@planation on Astention etc.
An" ;e!ber who=
(. 'oo. no part5 or
1. Dissented5 or
2. Abstained
fro! a decision or resolution !ust state the reason
therefore 9Section (2:
'he reason for the re<uired e7planation is to
encoura/e participation.
8(2
A. State&ent of -acts an! t#e Law
9ule
+urpose o# 9e%uirement
,here Applicable
,here 0ot Applicable
Illustration o# Su##icient Compliance
Illustration o# Insu##icient Compliance
%11
,ernas Primer at &+1 (2##+ ed.*
%12
%1&
((+
SCHOOL OF LAW
ARIS S. MANGUERA
Rule
Do decision shall be rendered b" an" court
without e7pressin/ therein clearl" and
distinctl" the facts and the law on which it is
based. 9Section (6:
A decision need not be a co!plete recital of
the evidence presented. So lon/ as the factual
and le/al basis are clearl" and distinctl" set
forth supportin/ the conclusions drawn
therefro!5 the decision arrived at is valid.
#owever5 it is i!perative that the decision not
si!pl" be li!ited to the dispositive portion but
!ust state the nature of the case5 su!!ari0e
the facts with reference to the record5 and
contain a state!ent of applicable laws and
3urisprudence and the tribunal@s state!ent and
conclusions on the case.
8(6
ReMui(e&ent' not +u(is!ictional. Althou/h
the (
st
para/raph of Section (6 is worded in
!andator" lan/ua/e5 it is nonetheless !erel"
director". $t has been held that the
Are<uire!ent does not /o to the 3urisdiction of
the courtB
8(8
9()*) Bar Question:
Pu(pose
'o infor! the person readin/ the decision5 and
especiall" the parties5 of how it was reached
b" the court after consideration of the pertinent
facts and e7a!ination of applicable laws.
'here are various reasons for this=
(. 'o assure the parties that the 3ud/e
studied the caseG
1. 'o /ive the losin/ part" opportunit" to
anal"0e the decision and possibl"
appeal or5 alternativel"5 convince the
losin/ part" to accept the decision in
/ood /raceG
2. 'o enrich the bod" of case law5 especiall"
if the decision is fro! the Supre!e
Court. 9-ransisco v. Per!s.ul5 ()*):
W#e(e Applicale
'he constitutional re<uire!ent 9Section (65 (
st
para/raph: that a decision !ust e7press
clearl" and distinctl" the facts and law on
which it is based as (efe((in* onl) to
!ecisions
F:G
.
,esolutions disposin/ of petitions fall under
the constitutional provision 9Section (65 1
nd
para/raph: which states that Ano petition for
reviewKshall be refused due courseK without
%14
Antonio ,. :achura, ;utline<=eviewer in Political "aw 2$%
(2##+ ed.*
%1%
Cru), Philippine Political "aw, p. 2+$ (1$$% ed*.
%1+
Decision is described as a 5udgment rendered after the
presentation of proof or on the basis of stipulation of facts. (Cru),
Philippine Political "aw, p. 2+$ (1$$% ed**
statin/ the le/al basis therefore.B 9Borro!eo v.
CA:
8(+
W#e(e not Applicale
$t has been held that the provision is not
applicable to=
(. Decision of the CJ;ELEC
8(*
G
1. Decision of !ilitar" tribunals which are
not courts of 3ustice.
8()

2. ;ere orders are not covered since the"
dispose of onl" incidents of the case5
such as postpone!ents of the trial. 'he
onl" e7ception is an order of dis!issal on
the !erits
81C
6. 'his re<uire!ent does not appl" to a
!inute resolution dis!issin/ a petition for
habeas corpus5 certiorari and !anda!us5
provided a le/al basis is /iven therein.
9;endo0a v. C-$ >> SC,A )>:
8. Deither will it appl" to ad!inistrative
cases. 9Prudential Ban. v. Castro5 (8*
SC,A >6>:
Illust(ati"e Cases of Sufficient Co&pliance%
-acts% 'he Court of Appeals affir!ed the conviction
of petitioner for estafa. Petitioner ar/ued that the
decision did not co!pl" with the Constitution
because instead of !a.in/ its own findin/ of facts5
the Court of Appeals adopted the state!ent of facts
in the brief filed b" the Solicitor General.
0el!% 'here is no prohibition a/ainst court@s
adoption of the narration of facts !ade in the brief
instead of rewritin/ the! in its own words.
9#ernande0 v. CA5 11* SC,A 61):
81(
Me&o(an!u& Decisions.
'he rule re!ains that the constitutional !andate
sa"in/ that Ano decision shall be rendered b" an"
court without e7pressin/ therein clearl" and distinctl"
the facts and the law on which it is based5B does not
preclude the validit" of A!e!orandu! decisions5B
which adopt b" reference the findin/s of fact and
conclusions of law contained in the decisions of
inferior tribunals. 'his rule has been 3ustified on the
/rounds of e7pedienc"5 practicalit"5 convenience and
doc.et status of our courts.
811
9Solid #o!es v.
Laserna5 1CC*:
;e!orandu! decisions can also speed up the
3udicial process5 a desirable thin/ and a concern of
the Constitution itself. here a !e!orandu!
decision is used5 the decision adopted b" reference
!ust be attached to the ;e!orandu! for eas"
reference. Donetheless5 the ;e!orandu! decision
should be used sparin/l" and used onl" where the
facts as in the !ain are accepted b" both parties
%1/
%12
:agca v. C;49"9C, 112 !C=A 2/# (1$22*.
%1$
Cru), Philippine Political "aw, p. 2/& (1$$% ed*.
%2#
Cru), Philippine Political "aw, p. 2+$ (1$$% ed*.
%21
1acinto 1imene), Political "aw Compendium, &%# (2##+ ed.*
%22
G.*. #o. +,,-.+) April /) 0--/.
((*
SCHOOL OF LAW
ARIS S. MANGUERA
and in si!ple liti/ations onl". 9-ransisco v. Per!s.ul5
()*):
Illust(ati"e Cases of Insufficient Co&pliance
$n Di0on v. &ud/e Lope05 ())+5 the decision5 which
consisted onl" of the dispositve portion
9deno!inated a sin per?uicio
5E4
3ud/!ent: was held
invalid.
-acts% ,espondents sold the sa!e propert" to two
different bu"ers. Petitioners5 the first bu"ers5 filed a
case to annul the title of the second bu"er. 'he lower
court rendered a decision dis!issin/ the co!plaint.
!he decision stated that the plainti##s #ailed to proe
their case and there was no su##icient proo# o# bad
#aith on the part o# the second buyer.
0el!% 'he decision does not co!pl" with the
re<uire!ent under the Constitution that it should
contain a clear and distinct state!ent of facts. $t
contained conclusions without statin/ the facts
which served as their basis. 9Valde0 v. CA5 ()6
SC,A 2>C:
-acts% Petitioners filed an action to annul the
foreclosure sale of the propert" !ort/a/ed in favor
of respondent. After petitioners had rested their
case5 respondent filed a de!urrer to the evidence.
!he trial court issued an order dismissing the case
on the ground that the eidence showed that the
sale was in complete accord with the re%uirements
o# Section 4 o# Act 0o. 4'45.
0el!% 'he order violates the constitutional
re<uire!ent. 'he order did not discuss what the
evidence was or wh" the le/al re<uire!ents had
been observed. 9Dicos $ndustrial Corporation v. CA5
1C> SC,A (11:
-acts% 'he ,'C convicted the accused of !urder.
!he decision contained no #indings o# #act in regard
to the commission o# the crime and simply contained
the conclusion that the prosecution had su##iciently
established the guilt o# the accused o# the crime
charged beyond reasonable doubt and that the
witnesses #or the protection were more credible.
0el!% 'he decision did not contain an" findin/s of
fact which are essential in decisionE!a.in/. 9People
v. Viernes5 1>1 SC,A >6(:
-acts% Petitioners sued respondents for da!a/es
on the /round that the" were not able to ta.e their
fli/ht althou/h the travel a/ent who sold the! the
plane tic.ets confir!ed their reservations. !he
decision o# the trial court summari=ed the eidence
#or the parties and then held that respondent, the
trael agent, and the subBagent should be held
?ointly and seerally liable #or damages on the basis
o# the #acts.
0el!% 'he decision did not distinctl" and clearl" set
forth the factual and le/al bases for holdin/
respondents 3ointl" and severall" liable. 9Tee En/
Chon/ v. Pan A!erican orld Airwa"s $nc.5 21*
SC,A +(+:
-acts% 'he ;'C convicted petitioner of unfair
co!petition. Petitioner appealed to the ,'C. 'he
,'C affir!ed his conviction. 'he ,'C stated in this
%2&
!in Per5uicio 5udgment is a 5udgment without a
statement of facts in support of its conclusions.
decision that it found no co/ent reason to disturb the
findin/s of fact of ;'C.
0el!% 'he decision of the ,'C fell short of the
constitutional re<uire!ent. 'he decision in <uestion
should be struc. down as a nullit". 9Tao v. CA5 266
SC,A 1C1:
A. State&ent of Le*al Basis fo( Denial of MR o(
Petition fo( Re"iew
Do petition for review or !otion for reconsideration
of a decision of the court shall be refused due
course or denied without statin/ the le/al basis
therefor. 9Section (6:
,esolutions disposin/ of petitions fall under the
constitutional provision 9Section (65 1
nd
para/raph:
which states that Ano petition for reviewKshall be
refused due courseK without statin/ the le/al
basis therefore.B
hen the Court5 after deliberatin/ on a petition and
an" subse<uent pleadin/s5 !anifestations5
co!!ents5 or !otion decides to den" due course
to the petition and states that the <uestions raised
are factual or no reversible error or if the
respondent court@s decision is shown or for so!e
other le/al basis stated in the resolution5 there is
sufficient co!pliance with the constitutional
re<uire!ent. 9Borro!eo v. CA:
Illust(ati"e Cases%
'he Court of Appeals denied the petitioner@s !otion for
reconsideration in this wise= AEvidentl"5 the !otion poses
nothin/ new. 'he points and ar/u!ents raised b" the
!ovants have been considered an passed upon in the
decision sou/ht to be reconsidered. 'hus5 we find no
reason to disturb the sa!e.B 'he Supre!e Court held that
there was ade<uate co!pliance with the constitutional
provision. 9;artine0 v. CA5 1CC(:
'he Supre!e Court ruled that Alac. of !eritB is sufficient
declaration of the le/al basis for denial of petition for
review or !otion for reconsideration. 9Prudential Ban. v.
Castro:
B. Pe(io! fo( Decision
All cases or !atters filed after the effectivit" of
()*+ Constitution !ust be decided or resolved
within twent)Hfou( &ont#s fro! date of
sub!ission for the Supre!e Court. 9Section (8:.
E@ception% hen the Supre!e Court review the
factual basis of the procla!ation of !artial law or
suspension of the privile/e of the writ or the
e7tension thereof5 it !ust pro!ul/ate its decision
thereon within 2C da"s fro! its filin/. 9Article V$$5
Section (*:.
Man!ato(). Decision within the !a7i!u! period is
!andator". -ailure to co!pl" can sub3ect a
(()
SCHOOL OF LAW
ARIS S. MANGUERA
Supre!e Court &ustice to i!peach!ent for
culpable violation of the Constitution.
816
'he court5 under the ()*+ Constitution5 is now
!andated to decide or resolve the case or !atter
sub!itted to it for deter!ination within specified
periods. Even when there is dela" and no decision
or resolution is !ade within the prescribed period5
there is no auto!atic affir!ance of the appealed
decision. 'his is different fro! the rule under
Article S5 Section ((91: of the ()+2 Constitution
which said that5 in case of dela"5 the decision
appealed fro! was dee!ed affir!ed. 9SesbreZo v.
CA5 1CC*:
818
:. W#en a Case Dee&e! Su&itte!
A case or !atter shall be dee!ed sub!itted for
decision or resolution upon the filin/ of the last
pleadin/5 brief5 or !e!orandu! re<uired b" the
,ules of Court or b" the court itself. 9Section (8:
8. Ce(tification of Pe(io!Ls E@pi(ation an!
E@planation fo( -ailu(e to Ren!e( Decision o(
Resolution
4pon the e7piration of the correspondin/ period5 a
certification to this effect si/ned b" the Chief
&ustice or the presidin/ 3ud/e shall forthwith be
issued and a cop" thereof attached to the record of
the case or !atter5 and served upon the parties.
'he certification shall state wh" a decision or
resolution has not been rendered or issued within
said period. 9Section (8:
Despite the e7piration of the applicable !andator"
period5 the court5 without pre3udice to such
responsibilit" as !a" have been incurred in
conse<uence thereof5 shall decide or resolve the
case or !atter sub!itted thereto for deter!ination5
without further dela". 9Section (8:
B. Cases Deci!e! En Banc
Section A
91: All cases involvin/ the constitutionalit" of a treat"5
international or e7ecutive a/ree!ent5 or law5 which shall
be heard b" the Supre!e Court en banc5 and all other
cases which under the ,ules of Court are re<uired to be
heard en banc5 includin/ those involvin/ the
constitutionalit"5 application5 or operation of presidential
decrees5 procla!ations5 orders5 instructions5 ordinances5
and other re/ulations5 shall be decided with the
concurrence of a !a3orit" of the ;e!bers who actuall"
too. part in the deliberations on the issues in the case
and voted thereon.
9())) Bar Question:
Cases t#at &ust e #ea(! en anc%
(. All cases involvin/ the constitutionalit" of
a treat"5 international or e7ecutive
a/ree!ent5 or law.
%24
,ernas Commentar-, p $$/(2##& ed*.
%2%
@.=. :o. 1+1&$#, April 1+, 2##2.
1. All cases which under the ,ules of Court
are re<uired to be heard en banc
2. All cases involvin/ the constitutionalit"5
application5 or operation of presidential
decrees5 procla!ations5 orders5
instructions5 ordinances5 and other
re/ulations
6. Cases heard b" a division when the
re<uired !a3orit" in the division is not
obtainedG
8. Cases where the Supre!e Court !odifies
or reverses a doctrine or principle of law
previousl" laid down either en banc or in
division.
>. Ad!inistrative cases involvin/ the
discipline or dis!issal of 3ud/es of lower
courts 9Section ((: HDis!issal of 3ud/es5
Disbar!ent of a law"er5 suspension of
either for !ore than ( "ear or a fine
e7ceedin/ (C5CCC pesos 9+eople .
6acott:I
+. Election contests for President or ViceE
President.
*. Appeals fro! Sandi/anba"an or
Constitutional Co!!issions. 9Le/al
BasisR:
Nu&e( of Votes Nee!e! to Deci!e a Case
0ea(! En Banc%
hen the Supre!e Court sits en banc cases are
decided b" the concurrence of A!a3orit" if the
!e!bers who actuall" too. part in the
deliberations on the issues in the cases and voted
thereon.B 'hus5 since a <uoru! of the Supre!e
Court is ei/ht5 the votes of at least five are needed
and are enou/h5 even if it is a <uestion of
constitutionalit". 9'hose who did not ta.e part in the
deliberation do not have the ri/ht to vote:
81>
9())>
Bar Question:
ASM: In reality, when the decision says that a
particular ;ustice "did not take part$, it does not
necessarily mean that he was not there during the
deliberations.
.% #ow !an" 3ustices are needed to constitute a
<uoru! when the Court sits en banc and there are
onl" fourteen 3ustices in officeR
A% $n +eople . 1bio, EGGF, since it was a capital
cri!inal cases5 the Court said that there should be
ei/ht.
81+
P(oce!u(e if opinion is eMuall) !i"i!e!.
hen the Court en banc is e<uall" divided in
opinion5 or the necessar" !a3orit" cannot be had5
the case shall a/ain be deliberated on5 and if after
such deliberation no decision is reached5 the
ori/inal action co!!enced in the court shall be
dis!issedG in appealed cases5 the 3ud/!ent or
%2+
,ernas Primer at &&2 (2##+ ed.*
%2/
,ernas Primer at &&/ (2##+ ed.*
(1C
SCHOOL OF LAW
ARIS S. MANGUERA
order appealed fro! shall stand affir!edG and on
all incidental !atters5 the petition or !otion shall be
denied.9Rule B:' Section 8' Rules of Cou(t:
C. Cases Deci!e! in Di"ision
Section A
92: Cases or !atters heard b" a division shall be decided
or resolved with the concurrence of a !a3orit" of the
;e!bers who actuall" too. part in the deliberations on
the issues in the case and voted thereon5 and in no case5
without the concurrence of at least three of such
;e!bers. hen the re<uired nu!ber is not obtained5 the
case shall be decided en banc= Provided5 that no doctrine
or principle of law laid down b" the court in a decision
rendered en banc or in division !a" be !odified or
reversed e7cept b" the court sittin/ en banc.
Di"isions a(e not sepa(ate an! !istinct cou(ts.
Actions considered in an" of the divisions and
decisions rendered therein are5 in effect b" the
sa!e 'ribunal. Decisions or resolutions of a
division of the court are not inferior to an en banc
decision. 9People v. D"5 1CC2:
Decisions of a !i"ision' not appealale to en
anc. Decisions or resolutions of a division of the
court5 when concurred in b" !a3orit" of its
!e!bers who actuall" too. part in the
deliberations on the issues in a case and voted
thereon is a decision or resolution of the Supre!e
Court. 9-irestone Cera!ics v. CA5 1CCC:
W#e(e t#e (eMui(e! nu&e( cannot e otaine!
in a !i"ision of t#(ee in !eci!in* a case. here
the re<uired nu!ber of votes is not obtained5 there
is no decision. 'he onl" wa" to dispose of the case
then is to refer it to the Court en banc. 9Section
692::
;Cases? ". ;Matte(s?.
;Cases or &atte(s heard b" a division shall be !eci!e!
or resolve! with the concurrence of a !a3orit" of the
;e!bers who actuall" too. part in the deliberations on
the issues in the case and voted thereon5 and in no case5
without the concurrence of at least three of such
;e!bers.?
hen the re<uired nu!ber is not obtained5 the case shall
be decided en banc.B
A careful readin/ of the above constitutional
provision reveals the intention of the fra!ers to
draw a distinction between cases on one hand and5
and !atters on the other hand5 such that cases are
?decided@ while !atters5 includin/ !otions5 are
?resolved@. Jtherwise put5 the word AdecidedB !ust
refer to ?casesG while the word ?resolved@ !ust refer
to ?!atters@.
W#e(e t#e (eMui(e! nu&e( cannot e otaine!
in a !i"ision of t#(ee in &otion fo(
(econsi!e(ation. $f a case has alread" been
decided b" the division and the losin/ part" files a
!otion for reconsideration5 the failure of the
division to resolve the !otion because of a tie in
the votin/ does not leave the case undecided.
Quite plainl"5 if the votin/ results in a tie5 the !otion
for reconsideration is lost. 'he assailed decision is
not reconsidered and !ust therefore be dee!ed
affir!ed. 9-ortich v. Corona5 ())):
VIII. Ot#e( Cou(ts
Composition
*u!icial PoerD *u!icial Revie
*uris!iction
Bualifications
Appointment
Salaries
,enure
Removal
Prohi%ition
Deci!in# a Case
A. Co&position
'he co!position of lower courts shall be provided
b" law. 'he laws are &udiciar" Act of ()6* and BP
(1).
'he different lower courts under the &udiciar"
,eor/ani0ation Law are the=
(. Court of Appeals
1. re/ional trial courts
2. !etropolitan trial courts
6. !unicipal trial courts
8. !unicipal circuit trial courts
Jther Courts=
(. Court of 'a7 Appeals
1. Sandi/naba"an
2. Sharia Court
9'o/ether with the Supre!e Court 5 the
afore!entioned tribunals !a.e up the 3udicial
depart!ent of our /overn!ent:
81*
Cou(t of Appeals. 'he Court of Appeals is
co!posed of >* Associate &ustices and ( Presidin/
&ustice. 9,A 81G ,A *16>:
B. 4u!icial Powe(K 4u!icial Re"iew in Lowe( Cou(ts
4u!icial powe( s#all e "este! in one Supre!e
Court and in suc# lowe( cou(ts as !a" be
established b" law.
&udicial power includes the dut" of the courts of
3ustice to settle actual controversies involvin/ ri/hts
which are le/all" de!andable and enforceable5
and to deter!ine whether or not there has been a
/rave abuse of discretion a!ountin/ to lac. or
e7cess of 3urisdiction on the part of an" branch or
instru!entalit" of the Govern!ent. 9Section (:
%22
(1(
SCHOOL OF LAW
ARIS S. MANGUERA
Le*al Bases of lowe( cou(tsL powe( of +u!icial
(e"iew%
1. Article VIII- Section :& Since the power of
3udicial review flows fro! 3udicial power
and since inferior courts are possessed of
3udicial power5 it !a" be fairl" inferred that
the power of 3udicial review is not an
e7clusive power of the Supre!e Court.
2. Article VII- Section F3;4& 'his sa!e
conclusion !a" be inferred fro! Article
V$$$5 Section 891:5 which confers on the
Supre!e Court appellate 3urisdiction over
3ud/!ents and decrees of lower courts in
certain cases.
Note= hile a declaration of unconstitutionalit"
!ade b" the Supre!e Court constitutes a
precedent bindin/ on all5 a si!ilar decision of an
inferior court binds onl" the parties in the case.
81)
C. 4u(is!iction of Lowe( Cou(ts
3 Statuto() Confe(&ent of 4u(is!iction
'he Con/ress shall have the power to define5
prescribe5 and apportion the 3urisdiction of the
various courts. 9Section 1:
2. Constitutional Confe(&ent of 4u(is!iction
4.M. Tuason P Co. ". CAK Cnot ". IAC% 'here is in
effect a constitutional confer!ent of ori/inal
3urisdiction on the lower courts in those five cases
for which the Supre!e Court is /ranted appellate
3urisdiction in Section 891:.
Section BD2E. 'he Supre!e Court has the power to
review5 revise5 reverse5 !odif"5 or affir! on appeal or
certiorari as the law or the ,ules of Court !a" provide5
final 3ud/!ents and orders of lower courts in=
a. All cases in which the constitutionalit" or
validit" of an" treat"5 international or e7ecutive
a/ree!ent5 law5 presidential decree5
procla!ation5 order5 instruction5 ordinance5 or
re/ulation is in <uestion.
b. All cases involvin/ the le/alit" of an" ta75
i!post5 assess!ent5 or toll5 or an" penalt"
i!posed in relation thereto.
c. All cases in which the 3urisdiction of an" lower
court is in issue.
d. All cri!inal cases in which the penalt" i!posed
is reclusion perpetua or hi/her.
e. All cases in which onl" an error or <uestion of
law is involved.
D. Conte&pt Powe(s
9See ,ule +(:
'he power to punish for conte!pt is inherent in al
courtsG its e7istence is essential to the preservation
%2$
of order in 3udicial proceedin/s and to the
enforce!ent of 3ud/!ent5 orders5 and !andates of
the courts5 and conse<uentl"5 to the due
ad!inistration of 3ustice.
82C
366: Ba( .uestion
Jn the first da" of the trial of a rapeE!urder case
where the victi! was a popular 'V star5 over a
hundred of her fans rallied at his entrance of the
courthouse5 each carr"in/ a placard de!andin/
the conviction of the accused and the i!position of
the death penalt" on hi!. 'he rall" was peaceful
and did not disturb the proceedin/s of the case.
J: Can the trial court order the dispersal o# the
rallyists under the pain o# being punished #or
contempt o# courtM
Suggested Answer: Tes5 the trial court can order
the dispersal of the rall" under the pain of bein/
cited for conte!pt. 'he purpose of the rall" is to
atte!pt to influence the ad!inistration of 3ustice. As
stated in People v. -lores5 12) SC,A *25 an"
conduct b" an" part" which tends to directl" or
indirectl" i!pede or obstruct or de/rade the
ad!inistration of 3ustice is sub3ect to the conte!pt
powers of the court.
J: I# instead o# a rally, the #ans o# the ictim wrote
letters to the newspaper editors demanding the
coniction o# the accused, can the trial court punish
them #or contemptM
Suggested Answer: Do5 the trial court cannot
punish for conte!pt the fans of the victi! who
wrote letters to the newspaper editors. Since the
letters were not addressed to the 3ud/e and the
publication of the letters occurred outside the court5
the fans cannot be punished in the absence of a
clear and present dan/er to the ad!inistration of
3ustice.
E. .ualifications
3. .ualifications of Me&e(s of Cou(t of
Appeals
(. ;ust be a naturalEborn citi0en of the
Philippines 9Section +9(::
1. ;ust be a !e!ber of the Philippine Bar
9Section +91::
2. ;ust be a person of proven co!petence5
inte/rit"5 probit"5 and independence.
9Section +92::
6. Possessin/ other <ualifications prescribed
b" Con/ress 9Section +91::
Section + of BP (1) provides that5 $!he
+residing ;ustice and the Associate ;ustice
shall hae the same %uali#ications as those
proided in Constitution #or ;ustice o# the
Supreme Court$. #ence5 the !e!bers of the
CA !ust also be=
a. ;ust at least be 6C "ears of a/eG
%&#
!lade Per6ins v. Director of Prisions, %2 Phil 2/1.
(11
SCHOOL OF LAW
ARIS S. MANGUERA
b. ;ust have been for (8 "ears or
!ore a 3ud/e of a lower court or
en/a/ed in the practice of law in the
Philippines
2. Constitutional .ualifications fo( NonH
colle*iate cou(ts
(. Citi0ens of the Philippines 9Section +91::
1. ;e!bers of the Philippine Bar 9Section
+91::
2. Possessin/ the other <ualifications
prescribed b" Con/ress 9Section +91::
6. ;ust be a person of proven co!petence5
inte/rit"5 probit" and independence.
9Section +92::
.ualifications of RTC 4u!*es%
(. Citi0en of the PhilippinesG 9Section +91::
1. ;e!ber of the Philippine Bar 9Section
+91::
probit" and independence.
a: At least 28 "ears old 9BP (1)5
Section (8:
b: #as been en/a/ed for at least
H(CI "ears in the practice of law
in the Philippines or has held
public office in the Philippines
re<uirin/ ad!ission to the
practice of law as an
indispensable re<uisite. 9BP (1)5
Section (8:
.ualifications of MTC' MeTC' MCTC 4u!*es%
(. Citi0en of the PhilippinesG 9Section +91::
1. ;e!ber of the Philippine Bar 9Section
+91::
probit" and independence.
a: At least 28 "ears old 9BP (1)5
Section 1>:
b* #as been en/a/ed for at least 8
"ears in the practice of law in the
Philippines or has held public
office in the Philippines re<uirin/
ad!ission to the practice of law
as an indispensable re<uisite.
9BP (1)5 Section 1>:
.ualifications of CTA 4u!*es%
&ud/es of the C'A shall /ave the sa!e
<ualifications as ;e!bers of the Supre!e Court.
9,A Do. ((185 Section ( in relation to CA Do. (C15
Section (:
.ualifications of Me&e(s of San!i*ana)an%
Do person shall be appointed as ;e!ber of the
Sandi/anba"an unless he is at least fort" "ears of
a/e and for at least (C "ears has been a 3ud/e of a
court of record or has been en/a/ed in the practice
of law in the Philippines or has held office re<uirin/
ad!ission to the bar as a prere<uisite for a li.e
period. 9PD Do. (>C> as a!ended5 Section (:
.ualifications of +u!*es of S#a(iLa Cou(ts%
$n addition to the <ualifications for ;e!bers of
,e/ional 'rial Courts5 a 3ud/e of the Sharia@s
district court !ust be learned in the $sla!ic Law
and &urisprudence. 9PD Do. (C*25 Article (6C:
Do person shall be appointed 3ud/e of the Shari@a
Circuit Court unless he is at least 18 "ears of a/e5
and has passed an e7a!ination in the Shari@a and
$sla!ic 3urisprudence to be /iven b" the Supre!e
Court for ad!ission to special !e!bership in the
Philippine Bar to practice in the Shari@a courts. 9PD
Do. (C*25 Article (81:
Note% Con/ress !a" not alter the constitutional
<ualifications of !e!bers of the &udiciar". But
Con/ress !a" alter the statutor" <ualifications of
3ud/es and 3ustices of lower courts.
82(
$t behooves ever" prospective appointee to the
&udiciar" to apprise the appointin/ authorit" of
ever" !atter bearin/ on his fitness for 3udicial
office5 includin/ such circu!stances as !a" reflect
on his inte/rit" and probit". 'hus the fact that a
prospective 3ud/e failed to disclose that he had
been ad!inistrativel" char/ed and dis!issed fro!
the service for /rave !isconduct b" a for!er
President of the Philippines was used a/ainst hi!.
$t did not !atter that he had resi/ned fro! office
and that the ad!inistrative case a/ainst hi! had
beco!e !oot and acade!ic.
821
D. Appoint&ent
'he 3ud/es of lower courts shall be appointed b"
the President fro! a list of at least three no!inees
prepared b" the &udicial and Bar Council for ever"
vacanc". Such appoint!ents need no confir!ation.
-or the lower courts5 the President shall issue the
appoint!ents within ninet" da"s fro! the
sub!ission of the list. 9Section ):
'wo !onths i!!ediatel" before the ne7t
presidential elections and up to the end of his ter!5
a President or actin/ President shall not !a.e
appoint!entsK 9Article V$$5 Section (8:. $n In 9e:
Mateo <alen=uela, '(()5 it was held that durin/
this period 9when appoint!ents are prohibited:5 the
President is not re<uired to !a.e appoint!ents to
the courts nor allowed to do so. hile the fillin/ up
of vacancies in the &udiciar" is in the public
%&1
%&2
.n re 86C v. 8ud%e ;uitain! J'C No. 013, Au(u#t 22, 2007.
(12
SCHOOL OF LAW
ARIS S. MANGUERA
interest5 there is no showin/ in this case of an"
co!pellin/ reason to 3ustif" the !a.in/ of the
appoint!ents durin/ the period of the ban.
E. Sala(ies
'he salar" of 3ud/es of lower courts shall be fi7ed
b" law. Durin/ their continuance in office5 their
salar" shall not be decreased. 9Section (C:
$!position of inco!e ta7 on salaries of 3ud/es
does not violate the constitutional prohibition
a/ainst decrease in salaries.9Ditafan v. 'an5 (81
SC,A 1*6:
-. Tenu(e
'he 3ud/es of lower courts shall hold office durin/
/ood behavior until the" reach the a/e of se"ent)
)ea(s or beco!e incapacitated to dischar/e the
duties of their office. 9Section ((:
Do law shall be passed reor/ani0in/ the &udiciar"
when it under!ines the securit" of tenure of
!e!bers. 9Section 1:
$n <argas . <illaro=a, 9*C Phil 1)+ 9()*1:5 the
Supre!e Court held that the /uarantee of securit"
of tenure is a /uarantee not 3ust a/ainst Aactual
re!ovalB but also of Auninterrupted continuit" in
tenure.B
/. Discipline1 Re&o"al
'he Supre!e Court en banc shall have the power
of discipline 3ud/es of lower courts5 or order their
dis!issal b" a vote of a !a3orit" of the ;e!bers
who actuall" too. part in the deliberations on the
issues in the case and voted thereon.
Accordin/ to +eople . 6acott, ('((5/, onl"
dis!issal of 3ud/es5 disbar!ent of a law"er5
suspension of either for !ore than ( "ear or a fine
e7ceedin/ (C5CCC pesos re<uires en banc
decision.
'he /rounds for the re!oval of a 3udicial officer
should be established be"ond reasonable doubt5
particularl" where the char/es on which the
re!oval is sou/ht are !isconduct in office5 willful
ne/lect5 corruption and inco!petence. 9Jffice of
the &udicial Ad!inistrator v. Pascual5 ())>:
0. P(o#iition
'he !e!bers of courts established b" law shall not
be desi/nated to an" a/enc" perfor!in/ <uasiE
3udicial or ad!inistrative functions. 9Section (1:
'hus5 where a 3ud/e was desi/nated !e!ber of
the Ilocos 0orte +roincial Committee on ;ustice
b" the Provincial Governor where the function of
the Co!!ittee was to receive co!plaints and
!a.e reco!!endations towards the speed"
disposition of cases of detainees5 the !esi*nation
was in"ali!ate!. 9In re ;an0ano5 (>> SC,A 16>
9()**:.
I. Deci!in* a Case
3. Consultation
'he conclusions of the Hloer colle#iate courtsI in
an" case sub!itted to it for decision en banc or in
division shall be reached in consultation before the
case is assi/ned to a ;e!ber for the writin/ of the
opinion of the court.
A certification to this effect si/ned b" the HChief
&usticeI shall be issued and a cop" thereof
attached to the record of the case and served upon
the parties.
An" ;e!bers who too. no part5 or dissented5 or
abstained fro! a decision or resolution !ust state
the reason therefor. 9Section (2:
Note% CA sits in divisions when it hears casesG the
onl" ti!e to convenes as one bod" is to ta.e up
!atters of ad!inistration.
2. State&ent of -acts an! Law
Do decision shall be rendered b" an" court without
e7pressin/ therein clearl" and distinctl" the facts
and the law on which it is based.
Do petition for review or !otion for reconsideration
of a decision of the court shall be refused due
course or denied without statin/ the le/al basis
therefor. 9Section (6:
G. Pe(io! in Deci!in* Case
Cou(t Pe(io!
Supre!e Court 2A &ont#s 9Section (8:
Court of Appeals 32 &ont#s 9Section (8:
Sandi/anba"an G &ont#s 9,e Proble!
of Dela"s in
Sandi/anba"an:
All other lower courts G &ont#s 9Section (8:
9(: All cases or !atters filed after the effectivit" of
()*+ Constitution !ust be decided or resolved
within5 unless reduced b" the Supre!e Court5
twel"e &ont#s fo( all lowe( colle*iate cou(ts5
and t#(ee &ont#s fo( all ot#e( lowe( cou(ts.
91: A case or !atter shall be dee!ed sub!itted for
decision or resolution upon the filin/ of the last
pleadin/5 brief5 or !e!orandu! re<uired b" the
,ules of Court or b" the court itself.
96: Despite the e7piration of the applicable
!andator" period5 the court5 without pre3udice to
such responsibilit" as !a" have been incurred in
conse<uence thereof5 shall decide or resolve the
case or !atter sub!itted thereto for deter!ination5
without further dela". 9Section (8:
(16
SCHOOL OF LAW
ARIS S. MANGUERA
RE P(ole& of Dela)s in t#e San!i*ana)an
'he provision in Article V$$$5 Section (8 of the ()*+
Constitution which sa"s that cases or !atters filed
!ust be decided b" Alower colle/iate courtsB within
(1 !onths5 does not appl" to the Sandi/anba"an.
'he provision refers to re/ular courts of lower
colle/iate level5 which is the Court of Appeals.
'he Sandi/anba"an is a special court on the sa!e
level as the Court of Appeals5 possessin/ all
inherent powers of a court of 3ustice with the sa!e
functions of a trial court. 'he Sandi/anba"an5
bein/ a special court5 shall have the power to
pro!ul/ate its own rules. $n fact5 it pro!ul/ated its
own rules re/ardin/ the re/le!entar" period of
undecided cases under its 3urisdiction. $n its own
rules it sa"s that 3ud/!ents on pendin/ cases shall
be rendered within 2 !onths. Also5 the law creatin/
the Sandi/anba"an is also clear with the 2 !onth
re/le!entar" period. 'he Sandi/anba"an5 in a
sense5 acts li.e a trial court5 therefore a 2 !onth
and not a (1 !onth re/le!entar" period.
(18
SCHOOL OF LAW
ARIS S. MANGUERA
A(ticle II
CONSTIT$TIONAL COMMISSIONS
I& COMMON PROVISIONS 9Article $SEA:
II& CIVI. SERVICE COMMISSION 9Article $SEB:
III& COMMISSION ON E.EC,IONS 9Article $SEC:
IV& COMMISSION ON A@DI,9Article $SED:
I. Co&&on P(o"isions
In!epen!ent Constitutional Commissions
Safe#uar!s Insurin# In!epen!ence
Inhi%itions on the Mem%ers of the Commissions
Rotational Scheme
Reappointment
Procee!in#s
Enforcement of Decisions
Section 3. 'he Constitutional Co!!issions5 which
shall be independent5 are the Civil Service
Co!!ission5 the Co!!ission on Elections5 and
the Co!!ission on Audit.
Section 2. Do !e!ber of a Constitutional
Co!!ission shall5 durin/ his tenure5 hold an" other
office or e!plo"!ent. Deither shall he en/a/e in the
practice of an" profession or in the active
!ana/e!ent or control of an" business which5 in an"
wa"5 !a" be affected b" the functions of his office5
nor shall he be financiall" interested5 directl" or
indirectl"5 in an" contract with5 or in an" franchise or
privile/e /ranted b" the Govern!ent5 an" of its
subdivisions5 a/encies5 or instru!entalities5 includin/
/overn!entEowned or controlled corporations or their
subsidiaries.
Section. G. 'he salar" of the Chair!an and the
Co!!issioners shall be fi7ed b" law and shall not be
decreased durin/ their tenure.
Section A. 'he Constitutional Co!!issions shall
appoint their officials and e!plo"ees in accordance
with law.
Section B. 'he Co!!ission shall en3o" fiscal
autono!". 'heir approved annual appropriations
shall be auto!aticall" and re/ularl" released.
Section :. Each Co!!ission en banc !a"
pro!ul/ate its own rules concernin/ pleadin/s and
practice before it or before an" of its offices. Such
rules5 however5 shall not di!inish5 increase5 or
!odif" substantive ri/hts.
Section 8. Each Co!!ission shall decide b" a
!a3orit" vote of all its ;e!bers5 an" case or !atter
brou/ht before it within si7t" da"s fro! the date of its
sub!ission for decision or resolution. A case or
!atter is dee!ed sub!itted for decision or resolution
upon the filin/ of the last pleadin/5 brief5 or
!e!orandu! re<uired b" the rules of the
Co!!ission or b" the Co!!ission itself. 4nless
otherwise provided b" this Constitution or b" law5 an"
decision5 order5 or rulin/ of each Co!!ission !a" be
brou/ht to the Supre!e Court on certiorari b" the
a//rieved part" within thirt" da"s fro! receipt of a
cop" thereof.
Section 7. Each Co!!ission shall perfor! such
other functions as !a" be provided b" law.
A. In!epen!ent Constitutional Co&&issions
'he independent constitutional co!!issions are
the=
(. Civil Service Co!!ission
1. Co!!ission on Elections
2. Co!!ission on Audit
.% h" have these co!!issions been !ade
constitutional co!!issionsR
A% 'he CSC5 CJA and CJ;ELEC perfor! .e"
functions in the /overn!ent. In o(!e( to p(otect
t#ei( inte*(it)5 the" have been !ade constitutional
bodies.
822
B. Safe*ua(!s Insu(in* t#e In!epen!ence of t#e
Co&&issions
BGA
(. 'he" are constitutionall" createdG the" !a" not
be abolished b" statute. 9Art. $SEA5 Q(:
1. Each is e7pressl" described as Aindependent.B
9Art. $SEA5 Q(:
2. Each is conferred certain powers and functions
which cannot be reduced b" statute. 9Art. $SEB5
C and D:
6. 'he Chair!en and !e!bers cannot be
re!oved e7cept b" i!peach!ent. 9Art. S$5 Q1:
8. 'he Chair!en and !e!bers are /iven fairl"
lon/ ter! of office of + "ears. 9Art. $SEB5 C and
Q(91::
>. 'he ter!s of office of the chair!en and
!e!bers of all the co!!issioners are
sta//ered in such a wa" as to lessen the
opportunit" for appoint!ent of the !a3orit" of
the bod" b" the sa!e President. 9Art. $SEB5 C
and Q(91::
+. 'he chair!en and !e!bers !a" not be
reappointed or appointed in an actin/
capacit".
828
9Art. $SEB5 C and Q(91::
%&&
,ernas Primer at &+/ (2##+ ed.*
%&4
%&%
0n 4atibag v. ,enipa-o, the !C said that when an ad interim
appointment (of the Chairman of C;49"9C* is not confirmed (as it
was b-7passed, or that there was no ample time for the Commission
on Appointments to pass upon the same*, another ad interim
appointment ma- be e.tended to the appointee without violating the
Constitution.
(1>
SCHOOL OF LAW
ARIS S. MANGUERA
*. 'he salaries of the chair!an and !e!bers are
relativel" hi/h and !a" not be decreased
durin/ continuance in office. 9Art. $SEA5 Q2G Art.
SV$$$5 Q(+ :
). 'he Co!!issions en3o" fiscal autono&).
9Art. $SEA5 Q8:
(C. Each Co!!ission !a" pro!ul/ate its own
procedural rules5 provided the" do not
di!inish5 increase or !odif" substantive ri/hts.
9Art. $SEA5 Q6:
((. 'he chair!en and !e!bers are sub3ect to
certain dis<ualifications calculated to
stren/then their inte/rit". 9Art. $SEA5 Q6:
(1. 'he Co!!issions !a" appoint their own
officials and e!plo"ees in accordance with
Civil Service Law. 9Art. $SEA5 Q6:
.% 'here are independent offices specificall"
authori0ed b" the Constitution to appoint their
officials. Does this i!pl" that their appoint!ent will
not be sub3ect to Civil Service Law and ,ulesR
A% Do. if this were the case5 these independent
bodies would arro/ate upon the!selves a power
that properl" belon/s to the Civil Service
Co!!ission. #ad the intention of the fra!ers of
the Constitution been to isolate and /rant full
independence to Constitutional Co!!ission in the
!atter of appoint!ents5 it would have been so
provided. But that is not the case. And since all
!atters pertainin/ to appoint!ents are within the
real! of e7pertise of the CSC5 all laws5 rules and
re/ulations it issues on appoint!ents !ust be
co!plied with. 9J!buds!an v. CSC5 -ebruar" (>5
1CC8:
C. In#iitions1DisMualifications 9Section 1:
;e!bers of constitutional co!!issions=
(. Shall not5 !urin# tenure5 hold an" other office
or e!plo"!entG
1. Shall not en/a/e in the practice of an'
professionG
2. Shall not en/a/e in the active mana#ement
or control of an" business which in an" wa"
!a" be affected b" the functions of his office.
6. Shall not be financiall' intereste!5 directl" or
indirectl"5 in an" contract with5 or in an"
franchise or privile/e /ranted b" the
Govern!ent5 an" of its subdivisions5 a/encies
or instru!entalities5 includin/ /overn!entE
owned or controlled corporation or their
subsidiaries.
Pu(pose of DisMualifications. 'o co!pel the
chair!en and !e!bers of the Constitutional
Co!!issions to devote their full attention to the
dischar/e of their duties and5 as well5 to re!ove
fro! the! an" te!ptation to ta.e advanta/e of
their official positions for selfish purposes.
82>
%&+
;P(actice of p(ofession? for the purpose of
Section 25 does not include teachin/. 'hus5 a
law"er who teaches law does not thereb"5 for the
purpose of Section 15 violate the prohibition of
practice of a profession. 9$ ,ECJ,D 866E8885 88*E
88):
P(o#iition of ;acti"e &ana*e&ent? does not
prohibit a Co!!issioner fro! ownin/ business but
it prohibits hi! fro! bein/ the !ana/in/ officer or a
!e!ber of the /overnin/ board of a business5
Awhich in an" wa" !a" be affected b" the functions
of his office5B a <ualif"in/ phrase which does not
appl" to the prohibition of a practice of a
profession. 9$ ,ECJ,D 881E88):
D. Rotational Sc#e&e of Appoint&ents 9())) Bar Q:
9Section (91: of Article $SEB5 C and D.:
'he first appointees shall serve +5 8 and 2 "ears
respectivel".
Reason fo( Sta**e(in* of Te(&s%
(. 'o lessen the opportunit" of the President
to appoint a !a3orit" of the bod" durin/
his ter!G
1. 'o ensure continuance of the bod"5 which
alwa"s retains 1%2 of its !e!bership.
2. 'he s"ste! is e7pected to stabili0e the
policies of the bod" as !aintained b" the
re!ainin/ !e!bers.
82+
6amin!e v& COA- Decem%er :?- ;HHH& $t was held
that in order to preserve the periodic succession
!andated b" the Constitution5 the rotational plan
re<uires two conditions=
(. 'he ter!s of the first co!!issioners
should start on a co!!on date 9-e 2'
3678:G and
1. An" vacanc" due to death5 resi/nation or
disabilit" before the e7piration of the ter!
should onl" be filled for the une7pired
balance of the ter!.
E. P(ocee!in*s
3. Decision
'here is no decision until the draft is si/ned and
pro!ul/ated. #ence5 if a co!!issioner si/ns a
decision but retires before the decision is
pro!ul/ated5 his vote does not count even if it was
he who penned the decision. 9A!bil v. CJ;ELEC5
Jctober 185 1CC8:
2. W#o &a9es t#e !ecision
'he decisions are !ade b" the bod" and not b"
individual !e!bers. Do individual !e!ber !a"
!a.e a decision for the Co!!ission. ;uch less
!a" cases be decided b" subordinates of the
%&/
(1+
SCHOOL OF LAW
ARIS S. MANGUERA
Co!!ission. Dot even the Co!!ission@s le/al
counsel !a" !a.e a decision fro the Co!!ission.
G. Each Co!!ission shall decide ) a &a+o(it)
"ote of all its Mem%ers an" case or !atter
brou/ht before it within si7t" da"s fro! the date of
its sub!ission for decision. 9Article $SEA Section +:
'he provision is clear that what is re<uired is
the !a3orit" vote of all the !e!bers5 not onl"
of those who participated in the deliberations
and voted thereon. 9Estrella v. CJ;ELEC5
;a" 1+5 1CC6:
9Article $SEB5 Section 1 allows the CJ;ELEC
to !a.e decisions in divisions: $n the
CJ;ELEC5 there is full Co!!ission to for! a
banc if there are four Co!!issioners left.
.% 'wo co!!issioners who participated in the
consideration of the case retired before the
pro!ul/ation of the CJ;ELEC decision but
after the" cast their vote. -our co!!issioners
were left. Should the votes of the retirees be
countedR
A% Do. 'heir vote should be auto!aticall"
withdrawn. 'here is no decision until it is
pro!ul/ated.
.% $s the 2E( vote of the re!ainin/
co!!issioners a valid decision en banc.
A% 'he vote of 2 is a !a3orit" vote of all.
9Du!a"as v. CJ;ELEC5 April 1C5 1CC(:
A. $nless ot#e(wise p(o"i!e! ) t#is
Constitution o( ) law5 an" decision5 order5 or
rulin/ of each Co!!ission !a" be brou/ht to the
Supre!e Court on certiorari b" the a//rieved
part" within 2C da"s fro the receipt thereof. 9Article
$SEA Section +:
'he certiorari referred to is a special ci"il
action fo( ce(tio(a(i under ,ule >8. 9Dario v.
;ison:
'he certiorari 3urisdiction of the Supre!e Court
is li!ited to decision rendered in actions or
proceedin/s ta.en co/ni0ance of b" the
Co!!issions in the e7ercise of their
ad3udicator" or <uasiE3udicial powers.
9$t does not refer to purel" e7ecutive powers
such as those which relate to the CJ;ELEC@s
appointin/ power. #ence5 <uestions arisin/
fro! the award of a contract for the
construction of votin/ booths can be brou/ht
before a trial court. Si!ilarl"5 actions ta.en b"
the CJ;ELEC as prosecutor co!e under the
3urisdiction of the trial court which has ac<uired
3urisdiction over the cri!inal case.:
.% 0ow a(e !ecisions of t#e co&&issions
(e"iewe! ) t#e SC,
Co&&ission on Au!it% &ud/!ents or final
orders of the Co!!ission on Audit !a" be
brou/ht b" an a//rieved part" to the Supre!e
Court on certiorari under ,ule >8.
Jnl" when CJA acts without or e7cess in
3urisdiction5 or with /rave abuse of discretion
a!ountin/ to lac. or e7cess of 3urisdiction5
!a" the SC entertain a petition for certiorari
under ,ule >8.
Ci"il Se("ice Co&&ission% $n the case of
decisions of the CSC5 Ad!inistrative Circular
(E)8
82*
which too. effect on &une (5 ())85
provides that final resolutions of the CSC shall
be appealable b" certiorari to the CA within (8
da"s fro! receipt of a cop" thereof. -ro! the
decision of the CA5 the part" adversel"
affected thereb" shall file a petition for review
on certiorari under Rule AB of the ,ules of
Court.
.% hen certiorari to the Supre!e Court is
chosen5 what is re<uiredR
A% ,ule >85 Section ( sa"s that certiorari !a"
be resorted to when there is no other plain or
speed" and ade<uate re!ed". But
reconsideration is a speed" and ade<uate
re!ed". #ence5 a case !a" be brou/ht to the
Supre!e Court onl" after reconsideration.
9As a conse<uence5 in the case of decisions of
the CJ;ELEC5 onl" decision en banc !a" be
brou/ht to the Court b" certiorari since Article
$SEC5 2 sa"s that !otions for reconsideration
of decisions shall be decided b" the
Co!!ission en banc. 9,e"es v. ,'C5 ())8:
-. Enfo(ce&ent of Decisions
'he final decisions of the Civil Service Co!!ission
are enforceable b" a w(it of e@ecution that the
Civil Service Co!!ission !a" itself issue. 9VitalE
Go0on v. CA5 1(1 SC,A 128:
/. -iscal Autono&)
Article $SEA5 Section 8 /ives the constitutional
co!!issions fiscal autono!"5 that is5 their
approved annual appropriations shall be
auto!aticall" and re/ularl" released and shall not
be sub3ect to preEaudit.
82)
-iscal Autono&). $n Civil Service Commission
v& D)M- *ul' ;;- ;HHF- the SC said that the Ano
report5 no releaseB polic" !a" not be validl"
enforced a/ainst offices vested with fiscal
autono!"5 without violatin/ Section 8 of Article $SEA
of the Constitution. 'he Aauto!atic releaseB of
%&2
Pursuant to =A /$#2.
%&$
,ernas Commentar-, p 1##&(2##& ed*.
(1*
SCHOOL OF LAW
ARIS S. MANGUERA
approved annual appropriations to petitioner5 a
constitutional co!!ission vested with fiscal
autono!" should thus be construed to !ean that
no condition to fund releases to it !a" be i!posed.
777
#owever5 petitioner@s clai! that its bud/et !a" not
be reduced b" Con/ress below the a!ount
appropriated for the previous "ear5 as in the case
of the &udiciar"5 !ust be re3ected. 'he provisions in
Section 25 Article V$$$5 prohibitin/ the reduction in
the appropriation for the &udiciar" below the
a!ount appropriated for the previous "ear does not
appear in Section 85 Article $SEA. 'he plain
i!plication of this o!ission is that Con/ress is not
prohibited fro! reducin/ the appropriations of
Constitutional Co!!issions below the a!ount
appropriated for the! for the previous "ear.
Note% 'he Supre!e Court said that the
Co!!ission on #u!an ,i/hts5 unli.e the three
constitutional co!!issions5 does not en3o" fiscal
autono!". 9C#, E!plo"ees Association v. C#,5
Dove!ber 185 1CC6:.
0. Powe( to P(o&ul*ate Rules of P(oce!u(e
Article $SEA5 Section > /ives the constitutional
co!!issions authorit"5 sittin/ en5 to pro!ul/ate
rules of procedure.
.% $n case of conflict between a rule of procedure
pro!ul/ated b" a Co!!ission and a ,ule of Court5
which prevailsR
A% $n case of conflict between a rule of procedure
pro!ul/ated b" a Co!!ission and a ,ule of Court5
the rule of the Co!!ission should prevail if the
proceedin/ is before the Co!!issionG but if the
proceedin/ is before a court5 the ,ules of Court
prevail. 9Aruelo &r. v. CA5 Jctober 1C5 ())2:
.% ;a" the Supre!e Court disapprove internal
rules pro!ul/ated b" the Co!!issionsR
A% 'he Supre!e Court has no power to disapprove
Co!!ission rules e7cept throu/h the e7ercise of
the power of A3udicial reviewB when such
Co!!ission rules violate the Constitution.
86C
.% ;a" Con/ress assu!e power to review rules
pro!ul/ated b" the Co!!issionR
A% Do. 9B" vestin/ itself with the powers to
approve5 review5 a!end5 and revise the
$!ple!entin/ ,ules for the Jverseas Absentee
Votin/ Act of 1CC25 Con/ress acted be"ond the
scope of its constitutional authorit". Con/ress
tra!pled upon the constitutional !andate of
independence of the CJ;ELEC.: 9;acalintal v.
CJ;ELEC5 &ul" (C5 1CC2:
%4#
,ernas Commentar-, p 1##&(2##& ed*.
$f the rules pro!ul/ated b" a Co!!ission are
inconsistent with a statute5 the statute prevails.
9Antonio v. CJ;ELEC5 Septe!ber 115 ())):
II. Ci"il Se("ice Co&&ission
Composition of CSC
+unctionsA O%5ective of CSC
Nature of the Poers of CSC
Bualifications of CSC Commissioners
Appointment of CSC Commissioners
Scope of Civil Service
Classification of Positions
Classes of Service
Dis2ualifications
Securit' of ,enure
Partisan Political Activit'
Ri#ht to Self=or#ani1ation
Protection to ,emporar' Emplo'ees
Stan!ar!i1ation of Compensation
Dou%le Compensation
Section 3. 9(: 'he civil service shall be ad!inistered
b" the Civil Service Co!!ission co!posed of a
Chair!an and two Co!!issioners who shall be
naturalEborn citi0ens of the Philippines and5 at the
ti!e of their appoint!ent5 at least thirt"Efive "ears of
a/e5 with proven capacit" for public ad!inistration5
and !ust not have been candidates for an" elective
position in the elections i!!ediatel" precedin/ their
appoint!ent.
91: 'he Chair!an and the Co!!issioners shall be
appointed b" the President with the consent of the
Co!!ission on Appoint!ents for a ter! of seven
"ears without reappoint!ent. Jf those first
appointed5 the Chair!an shall hold office for seven
"ears5 a Co!!issioner for five "ears5 and another
Co!!issioner for three "ears5 without
reappoint!ent. Appoint!ent to an" vacanc" shall be
onl" for the une7pired ter! of the predecessor. $n no
case shall an" ;e!ber be appointed or desi/nated
in a te!porar" or actin/ capacit".
Section 2. 9(: 'he civil service e!braces all
branches5 subdivisions5 instru!entalities5 and
a/encies of the Govern!ent5 includin/ /overn!entE
owned or controlled corporations with ori/inal
charters.
91: Appoint!ents in the civil service shall be !ade
onl" accordin/ to !erit and fitness to be deter!ined5
as far as practicable5 and5 e7cept to positions which
are polic"Edeter!inin/5 pri!aril" confidential5 or
hi/hl" technical5 b" co!petitive e7a!ination.
92: Do officer or e!plo"ee of the civil service shall be
re!oved or suspended e7cept for cause provided b"
law.
96: Do officer or e!plo"ee in the civil service shall
en/a/e5 directl" or indirectl"5 in an" electioneerin/ or
partisan political ca!pai/n.
98: 'he ri/ht to selfEor/ani0ation shall not be denied
to /overn!ent e!plo"ees.
9>: 'e!porar" e!plo"ees of the Govern!ent shall be
/iven such protection as !a" be provided b" law.
Section G. 'he Civil Service Co!!ission5 as the
central personnel a/enc" of the Govern!ent5 shall
(1)
SCHOOL OF LAW
ARIS S. MANGUERA
establish a career service and adopt !easures to
pro!ote !orale5 efficienc"5 inte/rit"5 responsiveness5
pro/ressiveness5 and courtes" in the civil service. $t
shall stren/then the !erit and rewards s"ste!5
inte/rate all hu!an resources develop!ent
pro/ra!s for all levels and ran.s5 and institutionali0e
a !ana/e!ent cli!ate conducive to public
accountabilit". $t shall sub!it to the President and the
Con/ress an annual report on its personnel
pro/ra!s.
Section A. All public officers and e!plo"ees shall
ta.e an oath or affir!ation to uphold and defend this
Constitution.
Section B. 'he Con/ress shall provide for the
standardi0ation of co!pensation of /overn!ent
officials and e!plo"ees5 includin/ those in
/overn!entEowned or controlled corporations with
ori/inal charters5 ta.in/ into account the nature of the
responsibilities pertainin/ to5 and the <ualifications
re<uired for5 their positions.
Section :. Do candidate who has lost in an" election
shall5 within one "ear after such election5 be
appointed to an" office in the Govern!ent or an"
Govern!entEowned or controlled corporations or in
an" of their subsidiaries.
Section 8. Do elective official shall be eli/ible for
appoint!ent or desi/nation in an" capacit" to an"
public office or position durin/ his tenure.
4nless otherwise allowed b" law or b" the pri!ar"
functions of his position5 no appointive official shall
hold an" other office or e!plo"!ent in the
Govern!ent or an" subdivision5 a/enc" or
instru!entalit" thereof5 includin/ Govern!entEowned
or controlled corporations or their subsidiaries.
Section 7. Do elective or appointive public officer or
e!plo"ee shall receive additional5 double5 or indirect
co!pensation5 unless specificall" authori0ed b" law5
nor accept without the consent of the Con/ress5 an"
present5 e!olu!ent5 office5 or title of an" .ind fro!
an" forei/n /overn!ent.
Pensions or /ratuities shall not be considered as
additional5 double5 or indirect co!pensation.
A. Co&position of CSC
Civil Service Co!!ission is co!posed of a Chair!an
and two Co!!issioners. 9Article $SEB5 Section (9(::
B. -unctions of CSC
(. 'he CSC shall ad!inister the civil service.
9Art. $SEB5 Q(9(::
1. 'he CSC as the pe(sonnel a*enc) of
t#e *o"e(n&ent shall establish a career
serviceG
2. $t shall adopt !easures to pro!ote
!orale5 efficienc"5 inte/rit"5 responsiveness5
pro/ressiveness5 and courtes" in the civil
service.
6. $t shall stren/then the !erit and rewards
s"ste!G
8. $t shall inte/rate all hu!an resources
develop!ent pro/ra!s for all levels and ran.sG
>. $t shall institutionali0e a !ana/e!ent
cli!ate conducive to public accountabilit".
+. $t shall sub!it to the President and the
Con/ress an annual report on its personnel
pro/ra!s. 9Article $SEB5 Section 2:
Powe( to /(ant Ci"il Se("ice Eli*iilit). $n the
e7ercise of its powers to i!ple!ent ,A >*8C
9/rantin/ civil service eli/ibilit" toe e!plo"ees
under provisional or te!porar" status who have
rendered seven "ears of efficient service:5 the CSC
en3o"s wide latitude of discretion and !a" not be
co!pelled b" !anda!us to issue eli/ibilit".
9'orre/o0a v. CSC: But the CSC cannot validl"
abolish the Career E7ecutive Service Board
9CESB:G because the CESB was created b" law5 it
can onl" be abolished b" the Le/islature 9Eu/enio
v. CSC5 ())8:
Powe( to #ea( an! !eci!e a!&inist(ati"e cases.
4nder the Ad!inistrative Code of ()*+5 the CSC
has the power to hear and decide ad!inistrative
cases instituted before it directl" or on appeal5
includin/ contested appoint!ents.
86(
4u(is!iction on Pe(sonnel actions. $t is the intent
of the Civil Service Law5 in re<uirin/ the
establish!ent of a /rievance procedure5 that
decisions of lower officials 9in cases involvin/
personnel actions: be appealed to the a/enc"
head5 then to the CSC. 'he ,'C does not have
3urisdiction over such personal actions. 9Jlanda v.
Bu/a"on/5 1CC2:
Aut#o(it) to Recall Appoint&ents. 'he J!nibus
,ules i!ple!entin/ the Ad!inistrative Code
provides5 a!on/ others5 that notwithstandin/ the
initial approval of an appoint!ent5 the sa!e !a"
be recalled for violation of other e7istin/ Civil
service laws5 rules and re/ulations. 'hus5 in
:ebulgado . CSC, it was held that the power of
the CSC includes the authorit" to recall
appoint!ent initiall" approved in disre/ard of
applicable provisions of the Civil Service law and
re/ulations.
861
O(i*inal +u(is!iction to #ea( an! !eci!e a
co&plaint fo( c#eatin*. 'he Co!!ission has
ori/inal 3urisdiction and decide a co!plaint for
cheatin/ in the Civil Service e7a!inations
co!!itted b" /overn!ent e!plo"ees. 'he fact that
the co!plaint was filed b" the CSC itself does not
%41
Antonio ,. :achura, ;utline<=eviewer in Political "aw, &#/
(2##+*
%42
(2##+*
(2C
SCHOOL OF LAW
ARIS S. MANGUERA
!ean that it cannot be an i!partial 3ud/e. 9Cru0 v.
CSC. 1CC(:
862
.% hen there are !ore than one person <ualified
for a position5 !a" the CSC dictate to the
appointin/ authorit" who a!on/ those <ualified
should be appointedR
A% Do. the power of the CSC is li!ited to attestin/
to the eli/ibilit" or ineli/ibilit" of the appointee.
9Jrbos v. CSC5 ())C:
866
.% ;a" the CSC revo.e a certificate of eli/ibilit"R
A% Tes. As central personnel a/enc" of the
/overn!ent5 the CSC !a" revo.e a certificate of
eli/ibilit" motu propio. 'he power to issue a
certificate of eli/ibilit" carries with it the power to
revo.e one that has been /iven. hether hearin/
is re<uired for revocation depends on
circu!stances of a case.
9'hus5 where the case Asi!pl" involves the
rechec.in/ of e7a!ination papers and nothin/
!ore than a reEevaluation of docu!ents alread" in
the records of the CSC accordin/ to a standard
answer .e" previousl" set b" it5 notice and hearin/
is not re<uired. $nstead5 what Hwould appl" in such
a case isI the rule of res ipsa lo%uitor.$ 9La0o v.
CSC5 ())6:
.% hat 3urisdiction does the CSC have over the
personnel cases /iven b" statute to the 3urisdiction
of the ;erit S"ste!s BoardR
A% $t has onl" auto!atic review 3urisdiction5 not
ori/inal 3urisdiction. 9GS$S v. CSC5 ())(:
C. Natu(e of t#e Powe(s of CSC
'he Co!!ission is an ad!inistrative a/enc"5
nothin/ !ore. As such5 it can onl" perfor! powers
proper to an ad!inistrative a/enc". $t can perfor!
e7ecutive powers5 <uasiE3udicial powers and <uasiE
le/islative or ruleE!a.in/ powers.
868
D. .ualifications of CSC Co&&issione(s
(. DaturalEborn citi0ens of the PhilippinesG
1. At the ti!e of their appoint!ent5 at least thirt"E
five "ears of a/eG
2. ith proven capacit" for public ad!inistrationG
6. ;ust not have been candidates for an"
elective position in the elections i!!ediatel"
precedin/ their appoint!ent. 9Article $SEB5
Section (9(::
E. Appoint&ent of CSC Co&&issione(s
%4&
(2##+*
%44
%4%
,ernas Primer at &/2 (2##+ ed.*
'he Chair!an and the Co!!issioners shall be
"ears without reappoint!ent.
Jf those first appointed5 the Chair!an shall hold
office for seven "ears5 a Co!!issioner for five
"ears5 and another Co!!issioner for three "ears5
without reappoint!ent.
Appoint!ent to an" vacanc" shall be onl" for the
une7pired ter! of the predecessor. $n no case shall
an" ;e!ber be appointed or desi/nated in a
te!porar" or actin/ capacit". 9Article $SEB5 Section
(91::
Reason fo( Sta**e(in* of Te(&s%
(. 'o lessen the opportunit" of the President to
appoint a !a3orit" of the bod" durin/ his ter!G
1. 'o ensure continuance of the bod"5 which
alwa"s retains 1%2 of its !e!bership.
2. 'he s"ste! is e7pected to stabili0e the policies
of the bod" as !aintained b" the re!ainin/
!e!bers.
86>
-. Scope of Ci"il Se("ice S)ste&
'he civil service e!braces all branches5
subdivisions5 instru!entalities5 and a/encies of the
Govern!ent5 includin/ /overn!entEowned or
controlled corporations ith ori#inal charters.
9Article $SEB5 Section 19(::
Test fo( !ete(&inin* w#et#e( a *o"e(n&ent
owne! o( cont(olle! co(po(ation is su+ect to
t#e Ci"il Se("ice Law% 'he test is the !anner of
its creation. Corporations created b" special
charter are sub3ect to the Civil Service5 whereas
corporations incorporated under the Corporation
Law are not. 9PDJC v. Leo/ardo5 ()*):
Co(po(ations wit# o(i*inal c#a(te(s. 'he" are
those created b" special law5 li.e GS$S5 SSS5 Local
ater Districts and PAGCJ,. 9Corporations which
are subsidiaries of these chartered a/encies li.e
the ;anila #otel and PAL5 are not within the
covera/e of the Civil Service.
86+
Note% 'he !o!ent5 that a corporation ceases to be
/overn!ent controlled5 for instance5 if it is
privati0ed5 it ceases to fall under the Civil
Service.
86*
.% Does the Depart!ent of Labor have a role over
civil service !e!bersR
%4+
%4/
Cru), Philippine Political "aw, p.2$# (1$$% ed*.
%42
(2(
SCHOOL OF LAW
ARIS S. MANGUERA
A% Tes. Entities under the civil service s"ste! are
not co!pletel" be"ond the reach of Depart!ent of
Labor or labor laws.
9hen a /overn!ent entit" that is under the Civil
Service enters into a contract5 e./.5 with a securit"
a/enc" or 3anitorial a/enc"5 it beco!es an indirect
e!plo"er of the securit" /uards or the 3anitors. $n
such a situation5 under the Labor Code5 the
liabilities for wa/es are 3oint and solidar" with the
contractor. 'he law on wa/es on in the Labor Code
specificall" provides that Ae!plo"erB includes an"
person actin/ directl" or indirectl" in the interest of
an e!plo"er in relation to e!plo"ees. 9Philippine
-isheries Develop!ent Authorit" v. DL,C O Jdin
Securit" A/enc"5 ())1:
/. Classification of Positions 9under Section E(E/ #or
purpose o# determining the manner o# testing merit and
#itness/
3. Co&petiti"e Positions
2. NonHco&petiti"e Positions
Co&petiti"e Positions
As a /eneral rule5 positions in all branches of
/overn!ent belon/ to the co!petitive service.
9Sa!son v. CA:
-acts% Petitioner5 the ;a"or of Caloocan Cit"5
ter!inated the services of respondent5 the Assistant
Secretar" to the ;a"or5 on the /round of loss of
confidence. ,espondent protested on the /round
that his position belon/ed to the classified service.
Petitioner ar/ued that under the Civil Service Law5
the secretaries of cit" !a"ors occupied pri!aril"
confidential position and respondent was a secretar"
to the !a"or.
0el!% 'he ter!ination of respondent is void. ,he
position of Assistant Secretar' to the Ma'or
shoul! %e consi!ere! as %elon#in# to the
competitive service& 'he position of Secretar" of
the ;a"or and Assistant Secretar" are two distinct
positions. 'he latter is of a lower ran. and is not
pri!aril" confidential. An assistant secretar" !erel"
helps in a subordinate capacit" the person clothed
with the duties of a secretar". 9Sa!son v. CA5 (68
SC,A >86:
86)
-acts% ,espondent was appointed as !e!ber of
inte(nal secu(it) staff of t#e PA/COR. #e was
ter!inated alle/edl" for loss of confidence5 because
he alle/edl" en/a/ed in pro7" bettin/. hen
respondent sued for reinstate!ent5 the PAGCJ,
ar/ued that under PD (*>)5 all its e!plo"ees are
classified as confidential.
0el!% 'he classification in PD (*>) can be no !ore
than an initial deter!ination and is not conclusive. $t
is the nature of the position which finall" deter!ines
whether a position is pri!aril" confidential.
,espondent did not en3o" close inti!ac" with the
appointin/ authorit" which would !a.e hi! a
confidential e!plo"ee. As !e!ber of the internal
staff5 he was tas.ed with preventin/ irre/ularities
a!on/ the e!plo"ees and custo!ers5 reportin/
%4$
1acinto 1imene), Political "aw Compendium, &+% (2##+ ed.*
unusual incidents and infractions5 coordinatin/ with
securit" depart!ent durin/ chips inventor"5 refills5
"ields and card shufflin/5 and escortin/ the deliver"
of table capital bo7es5 refills and shoe bo7es. 9CSC
v. Salas5 1+6 SC,A 6(6:
88C
Classes of NonHCo&petiti"e Positions
(. Polic" Deter!inin/
1. Pri!aril" Confidential
2. #i/hl" 'echnical
Polic)HDete(&inin* Position
Jne char/ed with la"in/ down of principal or
funda!ental /uidelines or rules5 such as that
of a head of a depart!ent.
88(
P(i&a(il) Confi!ential Position
Jne denotin/ not onl" confidence in the
aptitude of the appointee for the duties of the
office but p(i&a(il) close inti!ac" which
ensures freedo! of intercourse without
e!barrass!ent or freedo! fro! !is/ivin/s or
betra"als of personal trust on confidential
!atters of state 9De los Santos v. ;allare5 *+
Phil 1*):.
P(o@i&it) Rule% 'he occupant of a particular
position can be considered a confidential
e!plo"ee if the pre!ominant reason wh" he
was chosen b" the appointin/ authorit" was the
latter@s belief that he can share a close inti!ate
relationship with the occupant which ensures
freedo! of discussion without fear of
e!barrass!ent or !is/ivin/s of possible
betra"als of personal trust and confidential
!atters of stare. Delos Santos v. ;allare:
9here the position occupied is re!ote fro!
that of the appointin/ authorit"5 the ele!ent of
trust between the! is no lon/er predo!inant5
and therefore5 cannot be classified as pri!aril"
confidential:
'he followin/ are held to be pri!aril"
confidential=
(. Chief le/al counsel of PDB. 9Besa v. PDB:
1. Cit" le/al officer 9Cadiente v. Santos:
2. Provincial attorne"9Grino v. CSC:
9&oweer, positions o# the legal sta## are
not con#idential/
6. Securit" /uards of a viceE!a"or 9Borres v.
CA:
-acts% 4pon reco!!endation of the viceE
!a"or5 the !a"or appointed respondents as
secu(it) *ua(!s of t#e "ice &a)o(. 'he
!a"or and vice !a"or lost in the election. As
the new !a"or5 petitioner ter!inated the
services of respondents for lac. of confidence.
,espondents sued for reinstate!ent on the
/round that their re!oval was ille/al.
0el!% T#e positions of (espon!ents
=secu(it) *ua(!s of t#e "ice &a)o(> a(e
p(i&a(il) confi!ential5 as the" involve /ivin/
%%#
1acinto 1imene), Political "aw Compendium, &+/ (2##+ ed.*
%%1
Cru), Philippine Political "aw, p.2$& (1$$% ed*.
(21
SCHOOL OF LAW
ARIS S. MANGUERA
protection to the vice !a"or. 'he relationship
between the vice !a"or and his securit"
depend on the hi/hest of trust and confidence.
#ence5 the tenure of respondents ended upon
loss of confidence in the!. 9Borres v. CA5 (82
SC,A (1C:
881
0i*#l) Tec#nical Position
A hi/hl" technical position re<uires the
appointee thereto to possess technical s.ill or
trainin/ in the supre!e or superior de/ree.
'he position of a cit" en/ineer !a" be technical
but not hi/hl" so because he is not re<uired or
supposed to posses a supre!e or superior
de/ree of technical s.ill. 'he duties of a cit"
en/ineer are e!inentl" ad!inistrative in
character and can be dischar/ed even b" nonE
technical !en. 9Delos Santos v. ;allare:
$n Montecillo . CSC, EGG'5 the SC said that under
Ad!inistrative Code of ()*+5 the CSC is e7pressl"
e!powered to declare positions in the CSC as
pri!aril" confidential. 'his si/nifies that the
enu!eration in the Civil Service decree5 which
defines the nonEcareer service5 is not an e7clusive
list. 'he Co!!ission can supple!ent this
enu!eration5 as it did when it issued ;e!orandu!
Circular 115 s. ())(5 specif"in/ positions in the Civil
Service which are considered pri!aril" confidential
and5 therefore5 their occupants hold tenure coE
ter!inous with the officials the" serve.
882
.% ho deter!ines whether a position is polic"E
deter!inin/5 pri!aril" confidential or hi/hl"
technicalR
A% $t is a 3udicial <uestion. $t is the natu(e of the
position which #inally determines whether a position
is pri!aril" confidential5 polic"Edeter!inin/ or
hi/hl" technical. 'he initial classification !a" be
!ade b" the authorit" creatin/ the office. E7ecutive
pronounce!ents as to the nature of the office can
be no !ore than initial deter!ination of the nature
of the office.
886
H!he competitie and nonBcompetitie positions roughly
correspond to the classi#ication in the Ciil Serice
Code now embodied in the 9eised Administratie
Code o# '()*: ('/ Career Serice and (E/ 0onBCareer
Serice.I
555

0. Classes of Se("ice 9under the 9eised
Administratie Code/
3. Ca(ee( Se("ice
2. NonHCa(ee( Se("ice
%%2
1acinto 1imene), Political "aw Compendium, &++ (2##+ ed.*
%%&
Antonio ,. :achura, ;utline<=eviewer in Political "aw, &11
(2##+*
%%4
See ,ernas Commentar-, p 1#1+(2##& ed*3 See also Antonio ,.
:achura, ;utline<=eviewer in Political "aw, &11 (2##+*
%%%
,ernas Commentar-, p 1#1/(2##& ed*.
3. Ca(ee( Se("ice 9())) Bar Question:
'he career service is characteri0ed b"=
(. Entrance based on the !erit and fitness to
be deter!ined as far as practicable b"
co!petitive e7a!inations5 or based on hi/hl"
technical <ualificationsG
1. Jpportunit" for advance!ent to hi/her
career positionsG
2. Securit" of 'enure.
88>
'he career service includes=
(. Open Ca(ee( positions for appoint!ent
to which prior <ualification in an appropriate
e7a!ination is re<uired.
1. Close! Ca(ee( positions which are
scientific or hi/hl" technical in natureG these
include the facult" and acade!ic staff of state
colle/es and universities5 and scientific and
technical positions in scientific or research
institutions which shall establish and !aintain
their own !erit s"ste!sG
2. Positions in t#e Ca(ee( E@ecuti"e
Se("ice5 na!el"5 4ndersecretar"5 Assistant
Secretar"5 Bureau Director5 Assistant Bureau
Director5 ,e/ional Director5 Assistant ,e/ional
Director5 Chief of Depart!ent Service and
other officers of e<uivalent ran. as !a" be
identified b" the Chief E7ecutive Service
Board5 all of who! are appointed b" the
PresidentG
6. Ca(ee( office(s5 other that those in the
Career E7ecutive Service5 who are appointed
b" the President5 such as the -orei/n Service
Jfficers in the D-A.
8. Co&&issione! office(s an! enliste!
&en of t#e A(&e! -o(ces5 which shall
!aintain a separate !erit s"ste!G
>. Pe(sonnel of *o"e(n&entHowne! o(
cont(olle! co(po(ations5 whether perfor!in/
/overn!ental or proprietar" functions5 who do
not fall under the nonEcareer serviceG and
+. Pe(&anent lao(e(s' whether s.illed5
se!iEs.illed5 or uns.illed.
88+
Ca(ee( Se("ice E@ecuti"es DCESE. Jn ;a" 2(5
())65 the CSC issued ;e!orandu! Circular Do. 1(
identif"in/ the positions covered b" the CES. 'he
;e!orandu! provides that5 Aincu!bents of
positions which are declared to be CES positions for
the first ti!e pursuant to this ,esolution who hold
per!anent appoint!ents thereto shall re!ain under
per!anent status in their respective positions.
#owever5 upon pro!otion or transfer to other CES
positions5 these incu!bents shall be under
te!porar" status in said other CES positions until
the" <ualif".B
88*
%%+
%%/
%%2
(2##+*
(22
SCHOOL OF LAW
ARIS S. MANGUERA
CES an! Secu(it) of Tenu(e. 'he !ere fact that a
position belon/s to the CES does not auto!aticall"
confer securit" of tenure on the applicant. Such ri/ht
will have to depend on the nature of his appoint!ent
which5 in turn5 depends on his eli/ibilit" or lac. of it.
A person who does not have the re<uisite
<ualifications for the position cannot be appointed to
it in the first place or5 onl" as an e7ception to the
rule5 !a" be appointed to it onl" in an actin/
capacit" in the absence of appropriate eli/ibles. 'he
appoint!ent e7tended to hi! cannot be re/arded as
per!anent even if it !a" be so desi/nated. Such
bein/ the case5 he could transferred or reassi/ned
without violatin/ the constitutional /uarantee of
securit" of tenure. 9De Leon v. CA5 1CC(:
ReMuisites fo( Secu(it) of Tenu(e of CES
e&plo)ee%
(. Career Service Eli/ibilit"
1. Appoint!ent to the appropriate career
e7ecutive service ran..
$t !ust be stressed that the securit" of
tenure of e!plo"ees in the CES 9e7cept
(
st
and 1
nd
level e!plo"ees in the civil
service: pertains onl" to ran. and not to
the office or to the position to which the"
!a" be appointed. 9'hus5 a CES officer
!a" be transferred or reassi/ned for!
one position to another without losin/ his
ran. which follows hi! wherever he is
transferred or reassi/ned. $n fact5 a CES
officer suffers no di!inution in salar" even
if assi/ned to a CES position with lower
salar" /rade5 as he is co!pensated
accordin/ to his CES ran. and not on the
basis of the position or office which he
occupies. 9General v. ,oco5 1CC(:
2. NonHCa(ee( Se("ice
'he nonEcareer service is characteri0ed b"=
(. Entrance on bases other than of the usual
tests of !erit and fitness utili0ed for the career
serviceG
1. 'enure which is li!ited to a period
specified b" law5 or which is coEter!inous with
that of the appointin/ authorit" or sub3ect to his
pleasure5 or which is li!ited to the duration of
a particular pro3ect for which purpose
e!plo"!ent was !ade.
88)
'he nonEcareer service includes=
(. Elective officials and their personal or
confidential staffG
1. Depart!ent heads and other officials of
Cabinet ran. who hold positions at the
pleasure of the President and their personal or
confidential staffG
2. Chair!en and !e!bers of co!!issions
and boards with fi7ed ter!s of office and their
personal or confidential staffG
6. Contractual personnel or those whose
e!plo"!ent in the /overn!ent is in
accordance with a special contract to
%%$
Cru), Philippine Political "aw, p.2$1 (1$$% ed*.
underta.e a specific wor. or 3ob5 re<uirin/
special or technical s.ills not available in the
e!plo"in/ a/enc"5 to be acco!plished within
a specific period5 which in no case shall
e7ceed one "ear5 and perfor! or acco!plish
the specific wor. or 3ob5 under their own
responsibilit" with a !ini!u! of direction and
supervision fro! the hirin/ a/enc"G and
8. E!er/enc" and seasonal personnel.
8>C
.% $s the classification in the ,evised
Ad!inistrative Code 9Career and 0onBCareer: and
the classification in Section 191: 9Competitie and
0onBcompetitie: !utuall" e7clusiveR
A% Do. ,ather5 the" overlap and co!ple!ent each
other. 'he classification in the Code is for the
purposes of deter!inin/ tenure. 'he classification
in Section 191: is for purposes of deter!inin/ the
!anner of testin/ !erit and fitness.
I. Si*nificance of Distinction etween co&petiti"e
an! nonHco&petiti"e positions
Appoint&ent to a co!petitive positions !ust be
!ade accordin/ to !erit and fitness as
!etermine!- as far as practica%le- %'
competitive e$amination& ;erit and fitness in
appoint!ents to nonEco!petitive positions are not
deter!ined b" co!petitive e7a!inationsG but !erit
and fitness are re<uired.
8>(
4. Appoint&ents in t#e Ci"il Se("ice
Appoint!ents in the civil service shall be !ade
onl" acco(!in* to &e(it an! fitness to be
deter!ined5 as far as practicable5 ) co&petiti"e
e@a&ination. 9Article $SEB5 Section 191::
E@cept% 'o positions which are polic"Edeter!inin/5
pri!aril" confidential5 or hi/hl" technical.

3. Pe(&anent Appoint&ents
A per!anent appoint!ent shall be issued to a
person who !eets all the re<uire!ents for the
positions to which he is bein/ appointed5 includin/
the appropriate eli/ibilit" prescribed5 in accordance
with the provision of laws5 rules and standards
pro!ul/ated in pursuance thereof. 9Ad!inistrative
Code of ()*+5 Boo. VEA5 Sec. 1+:
2. Te&po(a() Appoint&ents
$n the absence of appropriate eli/ibles and it
beco!es necessar" in the public interest to fill a
vacanc"5 a te!porar" appoint!ent shall be issued
to a person who !eets all the re<uire!ent for the
position to which he is bein/ appointed e7cept the
appropriate civil service eli/ibilit".
%+#
Cru), Philippine Political "aw, p.2$2 (1$$% ed*.
%+1
,ernas Primer at &/% (2##+ ed.*
(26
SCHOOL OF LAW
ARIS S. MANGUERA
'e!porar" appoint!ents do not have a
definite ter! and !a" be withdrawn or
discontinued5 with or without cause5 b" the
appointin/ power.
8>1
'he new Constitution now
sa"s= A'e!porar" e!plo"ees of the
Govern!ent shall be /iven such protection as
!a" be provided b" law.B 9'he provision is not
selfEe7ecutor":
.% A per!anent appoint!ent is e7tended. 'he
Civil Service Co!!ission approves it as
te!porar" in the belief that so!ebod" else is
better <ualified. ;a" the Co!!ission do soR
A% Do. 'he sole function of the Co!!ission is
to attest to the <ualification of the appointee.
9Lue/o v. CSC5 ()*>:
Disc(etion of Appointin* Aut#o(it)
'he appointin/ authorit" has !isc(etion who to
appoint even in the career service of the Civil
Service5 where the appointee possesses the
!ini!u! <ualification re<uire!ents prescribed b"
law for the position. 9Lue/o v. CSC5 (62 SC,A
21+:
'hus5 even if officers and e!plo"ees in the career
service of the Civil Service en3o" the ri/ht to
preference in pro!otion5 it is not !andator" that the
vacanc" be filled b" pro!otion. 'he appointin/
authorit" should be allowed the choice of !en of his
confidence5 provided the" are <ualified and eli/ible.
9Central Ban. v. CSC (+( SC,A +66:
'he discretion of the appointin/ authorit" is not
onl" in the choice of the person who is to be
appointed5 but also in the nature or character of
the appointment issue!5 i.e.5 whether the
appoint!ent is per!anent or te!porar". 9!he CSC
may, howeer, approe as merely temporary an
appointment intended to be permanent where the
appointee does not possess the re%uisite eligibility
and the e2igency o# the serice demands that the
position be #illed up, een in a temporary capacity.:
Role of CSC 9())6 Bar Question:
AAll the Co!!ission is authori0ed to do is to chec.
that the appointee possesses the <ualifications and
appropriate eli/ibilit". $f he does5 his appoint!ent is
approvedG if not5 it is disapproved.B 9Lope0 v. CSC:
'he CSC is not a coE!ana/er5 or surro/ate
ad!inistrator of /overn!ent offices and a/encies.
$ts functions and authorit" are li!ited to approvin/
or reviewin/ appoint!ents to deter!ine their
co!pliance with re<uire!ents of the Civil Service
Law. Jn its own the Co!!ission does not have the
power to ter!inate e!plo"!ent or to drop
!e!bers fro! the rolls. 9'orres v. CSC5 1CC(:
%+2
Cru), Philippine Political "aw, p.2$& (1$$% ed*.
Sustanti"e ReMui(e&ent. A substantive
re<uire!ent under Section (( of the J!nibus
Service ,ules and ,e/ulations is that an
appoint!ent should be sub!itted to the CSC within
2C da"s fro! issuanceG otherwise it shall be
ineffective. 9See J;DC v. ;acarai/5 1CC6:
Le*al Stan!in*. Both the appointin/ authorit" and
the appointee are the real part" interest5 and both
have le/al standin/5 in a suit assailin/ a CSC order
disapprovin/ an appoint!ent. 9Abella &r. v. CSC:
5. DisMualifications
(. Do candidate who has lost in an" election
appointed to an" office in the Govern!ent or
an" Govern!entEowned or controlled
corporations or in an" of their subsidiaries.
9Q>:
1. Do elective official shall be eli/ible for
appoint!ent or desi/nation in an" capacit" to
an" public office or position durin/ his tenure.
9Q+:
2. 4nless otherwise allowed b" law or b" the
pri!ar" functions of his position5 no appointive
official shall hold an" other office or
e!plo"!ent in the Govern!ent or an"
subdivision5 a/enc" or instru!entalit" thereof5
includin/ Govern!entEowned or controlled
corporations or their subsidiaries. 9Q+:
.% hat is the purpose of the prohibition of appoint!ent
of Ala!e duc.sB in Section >R
A% 'he e7tirpation of the Aspoils s"ste!.B
.% Are there e7ceptions to the rule a/ainst appoint!ent
of elective officialsR
A% Tes. 'he ViceEPresident !a" be appointed !e!ber of
the Cabinet. A !e!ber of Con/ress is desi/nated to sit in
the &udicial and Bar Council.
8>2
.% $s the rule on appointive officials 9Q+: applicable to
!e!bers of CabinetR
A% Do. -or the!5 the applicable rule is the stricter
prohibition in Article V$$5 Section (2.
8>6
.% Distin/uish the rule on appoint!ents of !e!bers of
Con/ress and rule on elective officials 9other than
Con/ress!en:.
A% 'he '
st
paragraph o# Section * /overns elective
officials. 4nli.e the provision for !e!bers of Con/ress in
Article V$ Section (25 which does not prohibit acceptance
of an appoint!ent but !erel" causes the forfeiture of the
con/ressional seat if the holder accepts an appoint!ent5
3
st
pa(a*(ap# of Section 8 prohi%its elective officials
other than mem%ers of Con#ress from acceptin#
appointment !urin# their tenure. $f the elective official
accepts an appoint!ent without first resi/nin/ his elective
position5 the appoint!ent is invalid. Deither5 however5
does he thereb" forfeit his elective seat. 9-lores v. Drilon5
())2:
%+&
,ernas Primer at &2/ (2##+ ed.*
%+4
(28
SCHOOL OF LAW
ARIS S. MANGUERA
.% ;a" Con/ress b" law authori0e the appoint!ent of
elective officialsR
A% Do. 4nli.e the case of appointive officers in 1
nd
para/raph of Section +5 Con/ress !a" not create
e7ception on elective officials !entioned in (
st
para/raph
of Section +.
L. Secu(it) of Tenu(e 9())25 ()))5 1CC8 Bar Question:
Do officer or e!plo"ee of the civil service shall be
re!oved or suspended e7cept for cause provided b" law.
9Q192::
3. Si*nificance of Secu(it) of Tenu(e
'he efficienc" of the a civil service s"ste! depends
lar/el" on the !orale of the officers and e!plo"ees
in the service. ;orale5 in turn5 can be fatall"
under!ined when the securit" of officers in the
possession of their office is unprotected a/ainst the
arbitrar" action of superior officers.
#ence5 basic in an" civil service is a /uarantee of
securit" of tenure5 a /uarantee a/ainst arbitrar"
i!pair!ent5 whether total or partial of the ri/ht to
continue in the position held.
8>8
2. ;-o( Cause P(o"i!e! ) Law?
'his is a /uarantee of both procedural and
substantive due process. ;-o( Cause? !eans for
reasons which the law and sound public polic"
reco/ni0e as sufficient for re!oval5 that is le/al
cause5 and not !erel" causes which the appointin/
power in the e7ercise of discretion !a" dee!
sufficient. ;oreover5 the cause !ust relate to and
effect the ad!inistration of the office5 and !ust be
restricted to so!ethin/ of a substantial nature
directl" affectin/ the ri/hts and interests of the
public. 9De los Santos v. ;allare:
G. Co"e(a*e of Secu(it) of Tenu(e
Do officer or e!plo"ee of the civil service shall be
re!oved or suspended e7cept for cause provided
b" law. 9Q192::
Securit" of 'enure is en3o"ed onl" b" those who
posses a pe(&anent appoint&ent.
8>>
Jne does not beco!e a per!anent appointee
unless <ualified for the position5 and this5 even if the
appoint!ent e7tended is !ista.enl" desi/nated as
per!anent.
'he appoint!ent of one who is not <ualified
can onl" be te!porar" and it is understood fro! the
outset that it is without fi7it" but endurin/ onl" at the
pleasure of the appointin/ authorit".
-or an appoint!ent to be per!anent5 it !ust be
a real appointment b" the appointin/ authorit" and
not 3ust a desi/nation b" one who does not have the
appointin/ authorit". 9'hus5 where the law sa"s that
the officer is to be appointed b" the President5
desi/nation b" the depart!ent secretar" does not
%+%
%++
,ernas Commentar-, p 1#2%(2##& ed*.
result in a per!anent appoint!ent. 9Bina!ira v.
Garucho::
Even one who has an appoint!ent to a position
which is subse<uentl" converted to a career position
!ust "ield the position to one who has it if he or she
!oes not possess career eli#i%ilit'.9Di!a"u/a v.
Benedicto $$:
A person lac(in# the necessar'
2ualifications who is /iven a te!porar"
appoint!ent does not auto!aticall" beco!e a
per!anent appointee when he or she ac<uires the
re<uired <ualification. 9-or a te!porar" appointee to
beco!e per!anent5 he !ust receive a new
co!!ission5 that is5 a per!anent appoint!ent if he
is to be considered per!anent.:
Pe(sons occup)in* nonHco&petiti"e positions
a(e also co"e(e! ) t#e *ua(antee of secu(it) of
tenu(e. 'he distinction between co!petitive and
nonEco!petitive is si/nificant onl" for purposes of
appoint!ent. 'he ter!ination of the official relation
of officials and e!plo"ees holdin/ pri!aril"
confidential positions on the /round of loss o#
con#idence can be 3ustified because in that case
their cessation fro! office involves no re!oval but
e2piration of the ter! of office. 9#ernande0 v.
Ville/as5 (6 SC,A 8665 ()>8:
8>+
-acts% Petitioner a watch!an in the office of the
provincial treasurer5 was dis!issed for the convenience of
the province. #e has no civil service eli/ibilit". #e sued
for reinstate!ent.
0el!% Althou/h petitioner is not a civil service eli/ible5 this
is not a /round to dis!iss hi! an"ti!e without for!al
char/e. 'he position of watch!an falls under the
unclassified service. Positions in t#e unclassifie!
se("ice a(e also *ua(antee! secu(it) of tenu(e.
9Ba<uidra v. C-$5 *C SC,A (12:
8>*
.% Do appointees to the forei/n service who do not
belon/ to the Career Corps en3o" securit" of tenure li.e
the Career Corp.R
A% Do. Political appointees in the forei/n service possess
Atenure coter!inous with that of the appointin/ authorit"
or sub3ect to his pleasure.B 9Astra<uillo et al v. ;an/lapus5
())C:
.% Bina!ira was Adesi/natedB b" the Secretar" of
'ouris! as ;ana/er of the 'ouris! Authorit". 'he law5
however5 re<uires that the ;ana/er be appointed b" the
President. Did Bina!ira ac<uire securit" of tenureR
A% Do5 because he did no receive a valid appoint!ent.
9Bina!ira v. /arucho5 ())C:
.% Can one who does not have <ualifications for a
position ac<uire securit" of tenure thereinR
A% Do5 securit" of tenure in an office is ac<uired onl" b"
one who has the <ualifications for that office. 9Di!a"u/a
v. Benedicto 5 1CC1:
.% Are te!porar" appointees protected b" the /uarantee
of securit" of tenureR
A% Do. the" !a" be re!oved an"ti!e. 9;endiola v.
'ancinco5 ()+2: 'he new Constitution now sa"s=
%+/
,ernas Primer at &/$ (2##+ ed.*
%+2
1acinto 1imene), Political "aw Compendium, &/# (2##+ ed.*
(2>
SCHOOL OF LAW
ARIS S. MANGUERA
A'e!porar" e!plo"ees of the Govern!ent shall be /iven
such protection as !a" be provided b" law.B 9'he
provision is not selfEe7ecutor":
.% hat is the e7tent of the President@s disciplinar"
authorit" over presidential appointees who belon/ to the
career serviceR
A% 'he power is li!ited. Career service officers and
e!plo"ees who en3o" securit" of tenure !a" be re!oved
onl" for an" of the causes enu!erated b" law. 9Larin .v.
E7ecutive Secretar"5 1*C SC,A +(2:
A. T(ansfe(s
Pe(&anent T(ansfe(. 'he transfer of a per!anent
e!plo"ee to another per!anent position without
the consent of the e!plo"ee violates securit" of
tenure. 9Gloria. CA5 1CCC:
Te&po(a() T(ansfe(. hile a te!porar" transfer or
assi/n!ent of personnel is per!issible even
without the e!plo"ee@s prior consent5 it cannot be
done when the transfer is a preli!inar" step toward
his re!oval5 or is a sche!e to lure hi! awa" fro!
his per!anent position5 or desi/ned to indirectl"
ter!inate his service5 or force his resi/nation. Such
would in effect circu!vent the provision which
safe/uards the tenure of office of those who are in
the Civil Service. 9Gloria v. CA5 1CCC:
B. Aolition of Office
hile abolition of office does not i!pl" re!oval of
the incu!bent officer5 this is true onl" where the
abolition of office is done in /ood faith and not
!erel" as a cover for a re!oval otherwise not
allowed b" the Constitution. 9Briones v. Js!ena5
()8*:
'hus5 for abolition of office to escape the taint of
unconstitutionalit"5 it !ust be !ade=
(. $n /ood faithG
1. Dot for personal or political reasonsG and
2. Dot in violation of the law. 9,o<ue v.
Ericta:
Note% Abolition of office5 even if arisin/ fro!
reor/ani0ation !andated b" law !ust be 3ustified
b" /ood faith and public need. 9Abro/ar v.
Garrucho5 ())(: ;oreover5 abolition of an office
created b" law can onl" be done also b" law.
9Eu/enio v. CSC5 ())8:
:. Reo(*aniFation 9()** Bar Question:
Abolition b" law as a result of reor/ani0ation is a
reco/ni0ed cause for ter!ination of a /overn!ent
e!plo"ee.
.% Does the President have the authorit" to reor/ani0e
the e7ecutive depart!entR
A% Tes. And this can include deactivation of offices. As far
as bureaus5 a/encies or offices in the e7ecutive
depart!ent are concerned5 the President@s power of
control !a" 3ustif" hi! to inactivate the functions of a
particular office5 or certain laws !a" /rant hi! the broad
authorit" to carr" out reor/ani0ation !easures. 9Bu.lod
n/ Mawanin/ E$$B v. E7ecutive Secretar"5 1CC(:
8>)
8. Decla(ation of Office Vacant
.% Section 28 of ,A >+(8 declared all positions of
the Co!!issioners5 E7ecutive Labor Arbiters and
Labor Arbiters of the present DL,C vacant.
Petitioners <uestion its constitutionalit".
A% @nconstitutional& hile abolition b" law as a
result of reor/ani0ation is a reco/ni0ed cause for
ter!ination of a /overn!ent e!plo"ee5 it is not the
sa!e as a declaration that the office is vacant. ,A
>+(8 has effected no e7press abolition of the
positions5 neither an i!plied abolition 9i.e.5 an
irreconcilable inconsistenc" between the nature5
duties and functions of the petitioner@s offices under
the old rules and those of the new law: 9;a"or v.
#on. ;acarai/5 ())(:
7. P(e"enti"e Suspension
Pendin/ ad!inistrative investi/ation5 it is provided
that the e!plo"ee char/ed shall be sub3ect to
preventive suspension but the sa!e shall be lifted
after ninet" da"s if he is not a presidential
appointee unless the dela" in the conduct of the
probe is i!putable to hi!. 9Boo. V9A:5 Sec. 6>:
6. Bac9 Wa*es
hen an e!plo"ee is ille/all" dis!issed5 and his
reinstate!ent is later ordered b" the Court5 for all
intents and purposes he is considered as not
havin/ left his office5 and notwithstandin/ the
silence of the decision5 he is entitled to pa"!ent of
bac. salaries. 9Del Castillo v. CSC5 ())+:
But where the reinstate!ent is ordered b" the court
not as the result of e7oneration but !erel" as an
act of liberalit" of the Court of Appeals5 the clai!
for bac.wa/es for the period durin/ which the
e!plo"ee was not allowed to wor. !ust be denied.
'he /eneral rule is that a public official is not
entitled to co!pensation if he has not rendered an"
service. 9Balitaosan v. DECS5 1CC2:
'he pa"!ent of bac.wa/es durin/ the period of
suspension of a civil servant who is subse<uentl"
reinstated is proper onl" if he is #ound innocent o#
the charges and the suspension is un?usti#ied. 9See
Bru/ada v. Sec. of Education5 1CC8:
M. Pa(tisan Political Acti"it)
3. Co"e(a*e
Do officer or e!plo"ee in the civil service shall
en/a/e5 directl" or indirectl"5 in an" electioneerin/
or partisan political ca!pai/n.9Q196::
'he !ilitar" establish!ent is covered b" this
provision. Article SV$5 Section 892: provides that no
%+$
(2+
SCHOOL OF LAW
ARIS S. MANGUERA
!e!ber of the !ilitar" shall en/a/e directl" or
indirectl" in an" partisan political activit" e7cept to
vote. But this prohibition applies onl" to those in the
active !ilitar" service5 not to reservists. 9Cailles v.
Bonifacio5 >8 Phil 21*:
E@ceptions%
(. Particularl" e7e!pted fro! the prohibition
a/ainst partisan political activit" are
&e&e(s of t#e Cainet.
8+C
1. Public officers and e!plo"ees holdin/
political offices 9who are allowed to ta.e
part in political and electoral activities5
e7cept to solicit contributions fro! their
subordinates or co!!it acts prohibited
under the Election Code: 9Section 68 of
Civil Service Law:
8+(
2. Pu(pose of t#e P(o#iition A*ainst Pa(tisan
Political Acti"it)
(. 'o prevent the !e!bers of the civil
service fro! usin/ the resources of the
/overn!ent for the benefit of their candidatesG
1. 'o insulate the! fro! political retaliation
fro! winnin/ candidates the" have opposed or
not supported.
8+1
G. Meanin* of Pa(tisan Political Acti"it)
As interpreted b" the Civil Service Co!!ission5
partisan political activit" !eans active support for
or affiliation ith the cause of a political part'
or can!i!ate. 'his would include5 a!on/ others5
bein/ a candidate for an" elective office or
dele/ate to an" political convention5 bein/ an
officer or !e!ber of an" political co!!ittee5 part"
or or/ani0ation5 deliverin/ speeches5 canvassin/ or
solicitin# votes or political support or contributions
for an" political part" or candidate or5 in /eneral5
beco!in/ activel" identified with the success or
failure of an" candidate or candidates for election
to public office.
8+2
A A!&in Co!e of 3678
;Do officer or e!plo"ee in the Civil Service5
includin/ !e!bers of the A-P5 shall en/a/e
directl" or indirectl" in an" partisan political activit"
or ta.e part in an" election e7cept to vote nor shall
he use his official authorit" or influence to coerce
the political activit" of an" other person or bod".
Dothin/ herein provided shall be understood to
prevent an" officer or e!plo"ee fro! e7pressin/
his views on current political proble!s or issues5 or
fro! !entionin/ the na!es of candidates for public
%/#
Cru), Philippine Political "aw, p.2$/ (1$$% ed*.
%/1
Antonio ,. :achura, ;utline<=eviewer in Political "aw, &2#
(2##+*
%/2
Cru), Philippine Political "aw, p.2$2 (1$$% ed3 !antos v. Jatco,
1#+ Phil /4%*
%/&
!ection 14, =ule 8000, Civil !ervice =ules.
office who! he supports= Provided5 'hat public
officers and e!plo"ees holdin/ political offices !a"
ta.e part in political and electoral activities but it
shall be unlawful for the! to solicit contributions
fro! their subordinates or sub3ect the! to an" of
the acts involvin/ subordinates prohibition in the
Election Code.B 9Boo. V9A:5 Sec. 8>:
N. Ri*#t to SelfHO(*aniFation
'he ri/ht to selfEor/ani0ation shall not be denied to
/overn!ent e!plo"ees. 9Q198::
'hus5 the Con/ress !a" provide5 for e7a!ple5 that
te!porar" e!plo"ees who ac<uire civil service
eli/ibilit" for the positions occupied b" the! shall be
auto!aticall" considered per!anent appointees
thereto5 or that te!porar" e!plo"ees !a" not be
replaced durin/ a fi7ed period e7cept for cause5 or
shall be entitled to the sa!e !aterial benefits5 such
as leave privile/es5 durin/ incu!benc".
8+6
.% ;a" !e!bers of the Civil Service unioni0eR
A% Tes.
(. Article $$$5 Section * /uarantees the ri/ht
of all Aincludin/ those e!plo"ed in the
public and private sectors5 to for!
unionsKB
1. Article $SEB5 Section 198: states that Athe
ri/ht to selfEor/ani0ation shall not be
denied to /overn!ent e!plo"ees.B
2. Article S$$$5 Section 2 /uarantees Athe ri/ht
of all wor.ers to selfEor/ani0ation5
collective bar/ainin/ and ne/otiations5
and peaceful concerted activities5
includin/ the ri/ht to stri.e in accordance
with law.B
'heir ri/ht to stri.e5 however5 !a" be li!ited
b" law.
8+8
Ri*#t to St(i9e
,i/ht to or/ani0e does not include the ri/ht to
stri.e. #ence5 the Court ruled that e!plo"ees of
SSS and public school teachers do not have a
constitutional ri/ht to stri.e. 'his does not !ean5
however5 that the" !a" not be /iven the ri/ht to
stri.e b" statute.
8+>
O. P(otection to Te&po(a() E&plo)ees
'e!porar" e!plo"ees of the Govern!ent shall be
/iven such protection as !a" be provided b" law.
9Q19>::
P. Stan!a(!iFation of Co&pensation
%/4
Cru), Philippine Political "aw, p.&## (1$$% ed*.
%/%
%/+
,ernas Commentar-, p 1#2/(2##& ed*.
(2*
SCHOOL OF LAW
ARIS S. MANGUERA
'he Con/ress shall provide for the standardi0ation
of co!pensation of /overn!ent officials and
e!plo"ees5 includin/ those in /overn!entEowned
or controlled corporations with ori/inal charters5
ta.in/ into account the nature of the responsibilities
pertainin/ to5 and the <ualifications re<uired for5
their positions. 9Art. $SEB5 Q8:
.. Doule Co&pensation1 A!!itional Co&pensation
Do elective or appointive public officer or e!plo"ee
shall receive additional5 double5 or indirect
co!pensation5 unless specificall' authori1e! %'
la5 nor accept without the consent of the
Con/ress5 an" present5 e!olu!ent5 office5 or title
of an" .ind fro! an" forei/n /overn!ent.
Pensions or /ratuities shall not be considered as
additional5 double5 or indirect co!pensation. 9Art.
$SEB5 Q*:
3. Reason fo( P(o#iition
(. 'o infor! the people of the e7act a!ount
a public functionar" is receivin/ fro! the
/overn!ent so the" can de!and
co!!ensurate servicesG
1. 'o prevent the public functionar" fro!
dividin/ his ti!e a!on/ several positions
concurrentl" held b" hi! and ineptl"
perfor!in/ his duties in al of the! because he
cannot devote to each the proper attention it
deserves.
2. W#at is P(o#iite!
'he prohibition of the Constitution was a/ainst
double co!pensation or additional co!pensation5
not double appoint!ents. #ence5 a second position
!a" be held concurrentl" with the principal position
as lon/ as the two are not inco!patible5 but the
incu!bent cannot collect additional salaries for
services rendered unless specificall" allowed b"
law. 9Qui!son v. J0aeta:
A!!itional Co&pensation. 'here is
additional co!pensation when for one and the
sa!e office for which a co!pensation has
been fi7ed there is added to such fi7ed
co!pensation an e7tra reward in the for!5 for
instance5 of a bonus. 'his is not allowed in the
absence of law specificall" authori0in/ such
e7tra reward. 9'hus5 where an officer@s pa" as
provided b" law was a fi7ed per diem5 the SC
disallowed additional co!pensation in the for!
of cost of livin/ allowances as well as incentive
and Christ!as bonuses. #owever5 the Court
was careful to point out that when a per diem
or an allowance is /iven as reimbursement for
e7penses incident to the dischar/e of an
officer@s duties5 it is not an additional
co!pensation prohibited b" the Constitution.
9Peralta v. ;atha"5 ()>+::
Doule Co&pensation. ,efers to two sets of
co!pensation for two different offices held
concurrentl" b" one officer. $n the instances
when holdin/ a second office is allowed5 when
an officer accepts a second office5 he can
draw the salar" attached to the second office
onl" when he is specificall" authori0ed b" law
to receive double co!pensation.
8++

G. Meanin* of ;Specificall) Aut#o(iFe! B) Law?
Strict Interpretation" K'he authorit" re<uired b"
the Constitution to receive double or additional
co!pensation is a specific authorit" /iven to a
particular e!plo"ee or officer of the /overn!ent
because of peculiar or e7ceptional reasons
warrantin/ the pa"!ent of e7tra or additional
co!pensation.B 9Sadueste v. Suri/ao5 ()6(:
(!he aboe interpretation seems to be too strict. It
seems in e##ect to re%uire a special law #or eery
instance o# additional or double compensation. An
obiter dictum in the later case o# Juimson .
3=aeta, '(5H, approes o# a more liberal and
perhaps administratiely more rational
approach./
5*)
.i%eral Interpretation" AAccordin/ to law5 under
certain circu!stances5 the President !a" authori0e
double co!pensation in so!e cases5 such as
/overn!ent officials actin/ as !e!bers with
co!pensation in /overn!ent e7a!inin/ boardK5
or depart!ent secretaries actin/ as !e!bers of
Board of Directors of /overn!ent corporations5 and
in such cases the prohibition a/ainst double
co!pensation is not observed. $f the President
approves the double co!pensation5 well and /ood.
'he appointee whose appoint!ent !a" then be
re/arded as valid fro! the be/innin/ could receive
e7tra co!pensation. $f it is disapproved5 then the
appoint!ent will have to be withdrawn or
cancelled5 unless of course5 the appointee was
willin/ to serve without co!pensation5 in which
case there would be no valid ob3ection. 9Qui!son
v. J0aeta5 )* Phil +C85 +C)E+(C::
hen a law sa"s that !one" /enerated b" a school
!a" be used for Aother pro/ra!s%pro3ects of the
universit" or colle/e5B such a law is not
authori0ation for /ivin/ additional or double
co!pensation.
8+)
.% 4pon optional retire!ent fro! the 3udiciar" on April (5
())15 Santos was full" paid of his retire!ent /ratuit"
under ,A )(C5 as a!ended. -or five "ears thereafter he
has been receivin/ a !onthl" pension. 'hereafter he was
appointed Director $$$ of the defunct ;;A.
%//
%/2
%/$
6en%uet State = v. Coltin%! @.=. :o. 1+$+&/, 1une 2, 2##/.
(2)
SCHOOL OF LAW
ARIS S. MANGUERA
D3E Can he continue to receive his pension while receivin/
salar" as directorR
A% Tes. 'he second para/raph of Section * !eans that a
retiree receivin/ pension of /ratuit" can continue to
receive such pension or /ratuit" even if he accepts
another /overn!ent position to which another
co!pensation is attached.
D2E 4pon separation fro! ;;A5 can his separation pa"
under ,A +1)6 include "ears of service in 3udiciar"R
A% Do. 'hat would be double co!pensation for the sa!e
service in the 3udiciar" for which he has alread" been
paid. Section (( of ,A +)16 does not specificall"
authori0e pa"!ent of additional co!pensation for "ears
of /overn!ent outside of the ;;A. 9Santos v. CA5
1CCC:
8*C
O. Oat# of Alle*iance
All public officers and e!plo"ees shall ta.e an oath
or affir!ation to uphold and defend this
Constitution. 9Art. $SEB5 Q6:
III. Co&&ission on Elections
Composition of COME.EC
Bualifications of COME.EC Commissioners
Appointment of COME.EC Commissioners
In!epen!ence of COME.EC
Nature of COME.EC Poers
Constitutional Poers an! O%5ectives
Statutor' Poers of COME.EC
En )anc an! Division Cases
*u!icial Revie
Open Part' S'stem
Representation
Elections
Section 3. 9(: 'here shall be a Co!!ission on
Elections co!posed of a Chair!an and si7
Co!!issioners who shall be naturalEborn citi0ens of
the Philippines and5 at the ti!e of their appoint!ent5
at least thirt"Efive "ears of a/e5 holders of a colle/e
de/ree5 and !ust not have been candidates for an"
elective positions in the i!!ediatel" precedin/
elections. #owever5 a !a3orit" thereof5 includin/ the
Chair!an5 shall be !e!bers of the Philippine Bar
who have been en/a/ed in the practice of law for at
least ten "ears.
91: 'he Chair!an and the Co!!issioners shall be
"ears without reappoint!ent. Jf those first
appointed5 three ;e!bers shall hold office for seven
"ears5 two ;e!bers for five "ears5 and the last
;e!bers for three "ears5 without reappoint!ent.
te!porar" or actin/ capacit".
Sec. 2. 'he Co!!ission on Elections shall e7ercise
the followin/ powers and functions=
%2#
,ernas Primer at &$# (2##+ ed.*
9(: Enforce and ad!inister all laws and re/ulations
relative to the conduct of an election5 plebiscite5
initiative5 referendu!5 and recall.
91: E7ercise e7clusive ori/inal 3urisdiction over all
contests relatin/ to the elections5 returns5 and
<ualifications of all elective re/ional5 provincial5 and
cit" officials5 and appellate 3urisdiction over all
contests involvin/ elective !unicipal officials decided
b" trial courts of /eneral 3urisdiction5 or involvin/
elective baran/a" officials decided b" trial courts of
li!ited 3urisdiction.
Decisions5 final orders5 or rulin/s of the Co!!ission
on election contests involvin/ elective !unicipal and
baran/a" offices shall be final5 e7ecutor"5 and not
appealable.
92: Decide5 e7cept those involvin/ the ri/ht to vote5
all <uestions affectin/ elections5 includin/
deter!ination of the nu!ber and location of pollin/
places5 appoint!ent of election officials and
inspectors5 and re/istration of voters.
96: Deputi0e5 with the concurrence of the President5
law enforce!ent a/encies and instru!entalities of
the Govern!ent5 includin/ the Ar!ed -orces of the
Philippines5 for the e7clusive purpose of ensurin/
free5 orderl"5 honest5 peaceful5 and credible
elections.
98: ,e/ister5 after sufficient publication5 political
parties5 or/ani0ations5 or coalitions which5 in addition
to other re<uire!ents5 !ust present their platfor! or
pro/ra! of /overn!entG and accredit citi0ensY ar!s
of the Co!!ission on Elections. ,eli/ious
deno!inations and sects shall not be re/istered.
'hose which see. to achieve their /oals throu/h
violence or unlawful !eans5 or refuse to uphold and
adhere to this Constitution5 or which are supported
b" an" forei/n /overn!ent shall li.ewise be refused
re/istration.
-inancial contributions fro! forei/n /overn!ents and
their a/encies to political parties5 or/ani0ations5
coalitions5 or candidates related to elections5
constitute interference in national affairs5 and5 when
accepted5 shall be an additional /round for the
cancellation of their re/istration with the
Co!!ission5 in addition to other penalties that !a"
be prescribed b" law.
9>: -ile5 upon a verified co!plaint5 or on its own
initiative5 petitions in court for inclusion or e7clusion
of votersG investi/ate and5 where appropriate5
prosecute cases of violations of election laws5
includin/ acts or o!issions constitutin/ election
frauds5 offenses5 and !alpractices.
9+: ,eco!!end to the Con/ress effective !easures
to !ini!i0e election spendin/5 includin/ li!itation of
places where propa/anda !aterials shall be posted5
and to prevent and penali0e all for!s of election
frauds5 offenses5 !alpractices5 and nuisance
candidacies.
9*: ,eco!!end to the President the re!oval of an"
officer or e!plo"ee it has deputi0ed5 or the
i!position of an" other disciplinar" action5 for
violation or disre/ard of5 or disobedience to5 its
directive5 order5 or decision.
9): Sub!it to the President and the Con/ress5 a
co!prehensive report on the conduct of each
election5 plebiscite5 initiative5 referendu!5 or recall.
Section G. 'he Co!!ission on Elections !a" sit en
banc or in two divisions5 and shall pro!ul/ate its
(6C
SCHOOL OF LAW
ARIS S. MANGUERA
rules of procedure in order to e7pedite disposition of
election cases5 includin/ preE procla!ation
controversies. All such election cases shall be heard
and decided in division5 provided that !otions for
reconsideration of decisions shall be decided b" the
Co!!ission en banc.
Section A. 'he Co!!ission !a"5 durin/ the election
period5 supervise or re/ulate the en3o"!ent or
utili0ation of all franchises or per!its for the
operation of transportation and other public utilities5
!edia of co!!unication or infor!ation5 all /rants5
special privile/es5 or concessions /ranted b" the
Govern!ent or an" subdivision5 a/enc"5 or
instru!entalit" thereof5 includin/ an" /overn!entE
owned or controlled corporation or its subsidiar".
Such supervision or re/ulation shall ai! to ensure
e<ual opportunit"5 and e<ual rates therefor5 for public
infor!ation ca!pai/ns and foru!s a!on/
candidates in connection with the ob3ective of holdin/
free5 orderl"5 honest5 peaceful5 and credible
elections.
Section B. Do pardon5 a!nest"5 parole5 or
suspension of sentence for violation of election laws5
rules5 and re/ulations shall be /ranted b" the
President without the favorable reco!!endation of
the Co!!ission.
Section :. A free and open part" s"ste! shall be
allowed to evolve accordin/ to the free choice of the
people5 sub3ect to the provisions of this Article.
Section 8. Do votes cast in favor of a political part"5
or/ani0ation5 or coalition shall be valid5 e7cept for
those re/istered under the part"Elist s"ste! as
provided in this Constitution.
Section 7. Political parties5 or or/ani0ations or
coalitions re/istered under the part"Elist s"ste!5 shall
not be represented in the votersY re/istration boards5
boards of election inspectors5 boards of canvassers5
or other si!ilar bodies. #owever5 the" shall be
entitled to appoint poll watchers in accordance with
law.
Section 6. 4nless otherwise fi7ed b" the
Co!!ission in special cases5 the election period
shall co!!ence ninet" da"s before the da" of
election and shall end thirt" da"s thereafter.
Section 3J. Bona fide candidates for an" public
office shall be free fro! an" for! of harass!ent and
discri!ination.
Section 33. -unds certified b" the Co!!ission as
necessar" to defra" the e7penses for holdin/ re/ular
and special elections5 plebiscites5 initiatives5
referenda5 and recalls5 shall be provided in the
re/ular or special appropriations and5 once
approved5 shall be released auto!aticall" upon
certification b" the Chair!an of the Co!!ission.
A. Co&position of COMELEC
'here shall be a Co!!ission on Elections
co!posed of a C#ai(&an an! si@
Co&&issione(s. 9Article $SEC5 Section (9(::
B. .ualifications of Me&e(s of COMELEC
five "ears of a/eG
2. #olders of a colle/e de/reeG
elective positions in the i!!ediatel" precedin/
elections.
A !a3orit" thereof5 includin/ the Chair!an5 shall be
!e!bers of the Philippine Bar who have been
en/a/ed in the practice of law for at least ten
"ears. 9Article $SEC5 Section (9(::
.% -or purposes of this provision5 what does
Aen#a#e! in the practice of laB !eanR
A% $t !eans to en/a/e in Aan" activit"5 in or out of
court5 which re<uires the application of law5 le/al
procedure5 .nowled/e5 trainin/ and e7perience.B
9Ca"etano v. ;onsod5 ())(:
C. Appoint&ent of COMELEC Me&e(s
'he Chair!an and the Co!!issioners shall be
"ears without reappoint!ent.
Jf those first appointed5 three ;e!bers shall hold
office for seven "ears5 two ;e!bers for five "ears5
and the last ;e!bers for three "ears5 without
reappoint!ent.
te!porar" or actin/ capacit". 9Article $SEC5 Section
(91::
.% hat is the co!!on startin/ point for appointees
to the Co!!issionR
A% -e(ua() 2' 3678' the da" the new Constitution
too. effect. 'hus5 in rec.onin/ the seven "ear ter!5
countin/ !ust alwa"s start fro! -ebruar" 1 even if
the appointee too. office later. 'his wa" the
sta//erin/ of the ter!s is preserved.
8*(
-acts% ,espondents were appointed as ad interi!
Chair!an and Co!!issioners of the CJ;ELEC. As their
appoint!ents were not acted upon b" the Co!!ission on
Appoint!ents 9CJA:5 the President renewed their ad
interi! appoint!ents twice. Petitioner <uestioned the
validit" of appoint!ents on the /round that the" violated
the constitutional prohibition a/ainst te!porar"
appoint!ents and reappoint!ents to the CJ;ELEC.
0el!% An ad interi! appoint!ent is a per!anent
appoint!ent5 because it ta.es effect i!!ediatel" and can
no lon/er be withdrawn b" the President once the
%21
,ernas Primer at &$1 (2##+ ed.*
(6(
SCHOOL OF LAW
ARIS S. MANGUERA
appointee has <ualified into the office. 'he fact that is
sub3ect to confir!ation b" CJA does not alter its
per!anent character. An ad interi! appoint!ent !eans it
is a per!anent appoint!ent !ade b" the President in the
!eanti!e that Con/ress is in recess.
T#e p(o#iition on (eappoint&ent in Section 3D2J'
A(ticle IIHC of t#e Constitution !oes not appl) to a
)Hpasse! a! inte(i& appoint&ent' ecause t#e(e is
no final !isapp(o"al un!e( A(ticle VII' Section 3:.
T#e(e &ust e confi(&ation ) t#e COA of t#e
p(e"ious appoint&ent efo(e t#e p(o#iition on
appoint&ent can appl). $f an interi! appoint!ent
cannot be renewed5 the President will hesitate to !a.e ad
interi! appoint!ents because !ost of the appointees will
effectivel" disapproved b" !ere inaction of the CJA. 'his
will nullif" the constitutional power of the President to
!a.e ad interi! appoint!ents. 9;atiba/ v. Benipa"o52*C
SC,A 6):
8*1
.% $n the absence of a Chair!an of the CJ;ELEC5 the
President desi/nated Co!!issioner Torac Actin/
Chair!an. ValidR
A% Do. Article $SEC5 Section (91: prohibits the appoint!ent
of ;e!bers in a te!porar" or actin/ capacit". 'he choice
of te!porar" chair!an fall under the discretion of the
Co!!ission and cannot be e7ercised for it b" the
President. 9Brillantes v. Torac5 ())C:
D. In!epen!ence of COMELEC
-or violatin/ the constitutional !andate of
independence of the CJ;ELEC5 Sections (+.()
and 18 of ,A )(*) 93erseas Absentee <oting Act
o# EGG4/ insofar as the" relate to the creation of
&oint Con/ressional Jversi/ht Co!!ittee and
/rant to it the power to review5 revise5 a!end and
approve the $!ple!entin/ ,ules and ,e/ulations
pro!ul/ated b" the CJ;ELEC5 were declared
unconstitutional. 9;a.alintal v. CJ;ELEC5 1CC2:
E. Natu(e of powe(s of t#e COMELEC
Li.e the CSC5 the CJ;ELEC is an ad!inistrative
a/enc". As such5 therefore5 the power it possesses
are e@ecuti"e' MuasiH+u!icial an! MuasiH
le*islati"e.
B" e7ception5 however5 it has been /iven +u!icial
powe( as 3ud/e with e7clusive ori/inal 3urisdiction
over Aall contest relatin/ to the election5 returns5
and <ualifications of all elective re/ional5 provincial5
and cit" officials5 and appellate 3urisdiction over all
contest involvin/ elective !unicipal officials
decided b" trial courts of /eneral 3urisdiction or
involvin/ elective baran/a" officials decided b" trial
courts of li!ited 3urisdiction.
8*2
-. Constitutional Powe(s of COMELEC 9under Article
$SEC:
(9ead complete te2t o# Section E aboe/
%22
%2&
,ernas Primer at &$& (2##+ ed.*
(. Enfo(ce&ent of election laws. 9Section 1
9(:5 96:59>: and 9*::.
1. Deci!in* election contests. 9Section
191::.
2. Deci!in* A!&inist(ati"e .uestions.
9Section 192::.
6. DeputiFation of LawHenfo(ce&ent
a*encies. 9Section 196::.
8. Re*ist(ation of Political Pa(ties.
9Section 198::
>. I&p(o"e&ent of elections. 9Section 19+:5
9*: and 9)::.
+. Powe( to P(o&ul*ate Rules 9Section 2:
*. Supe("ision o( (e*ulation of f(anc#ises
9Section 6:
). Powe( to (eco&&en! e@ecuti"e
cle&enc) fo( "iolation of election laws an!
(ules. 9Section 8:
(C. In special cases' powe( to fi@ t#e
election pe(io!. 9Section ):
3. Enfo(ce&ent of Election Laws
Section 2D3E% A'he Co!!ission on Elections
shall 777 HeInforce and ad!inister all laws and
re/ulations relative to the conduct of an
election5 plebiscite5 initiative5 referendu!5 and
recall.B
(See also Section E(H/ and ()//
Such authorit" includes=
(. Pro!ul/ate rules and re/ulations for the
i!ple!entation of election laws. 9Gallardo
v. 'aba!o5 ())2:
1. Power to Ascertain identit" of a political
part" and its le/iti!ate officer. 9LDP v.
CJ;ELEC:
2. B" virtue of such authorit"5 the CJ;ELEC
can re<uire co!pliance with the rules for
the filin/ of certificates of candidac"5
prevent or prosecute election offenses5
supervise the re/istration of voters and
the holdin/ of the polls5 and see to tie that
the canvass of the votes and the
procla!ation of the winners are done in
accordance with law.
8*6
6. Such authorit" includes the power to
annul an ille/al re/istr" of voters5 to
cancel a procla!ation !ade b" the board
of canvassers on the basis of irre/ular or
inco!plete canvass5 and even to oust the
candidate proclai!ed notwithstandin/ that
he has alread" assu!ed office. $t !a"
also re3ect nuisance candidates.
8*8
8. Power to annul an entire !unicipal
election on the /round of postEelection
terroris!. 9CJ;ELEC has e7tensive powers
under the /eneral authorit" to Aenforce and
ad!inister all laws relative to the conduct of
%24
%2%
(61
SCHOOL OF LAW
ARIS S. MANGUERA
elections.B 9Biliwan/ v. CJ;ELEC5 ()*1: 9#ere
the CJ;ELEC had found that it was i!possible
to distin/uish the ille/al fro! the valid returns.
9Dote also that the CJ;ELEC annulled the
elections after procla!ation::
Powe( to p(o&ul*ate (ules an! (e*ulations fo(
t#e i&ple&entation of election laws. 'he
Co!!ission !a" pro!ul/ate rules and re/ulations
for the i!ple!entation of election laws. Such
power is dee!ed i!plicit in the power to
i!ple!ent re/ulations. 9Gallardo v. 'aba!o5 ())2:
Accordin/l"5 where the sub3ect of the action is
the enforce!ent of the provisions of the
J!nibus Election Code5 the case is within the
e7clusive 3urisdiction of the CJ;ELEC5 not of
the re/ular courts. 9Gallardo v. 'aba!o5 ())2:
Powe( to Asce(tain i!entit) of a political pa(t)
an! its le*iti&ate office(. 'he power to enforce
and ad!inister laws relative to the conduct
elections5 decide all <uestions affectin/ elections5
re/ister and re/ulate political parties5 and ensure
orderl" elections5 include the ascertain!ent of the
identit" of political part" and its le/iti!ate officers.
9LDP v. CJ;ELEC5 1CC6: 9$n this case the SC held
that the CJ;ELEC erred in resolvin/ the
controvers" b" /rantin/ official candidate status to
the LDP candidates either the AAn/ara in/B or the
AA<uino in/B5 because clearl"5 it is the Part"
Chair!an5 who is the Chief E7ecutive Jfficer of the
Part"5 who has the authorit" to represent the part"
in all e7ternal affairs and concerns5 and to si/n
docu!ents for and in its behalf.:
'he re/ular courts have no 3urisdiction to entertain
a petition to en3oin the construction of public wor.s
pro3ects within 68 da"s before an election.
9Gallardo v. 'aba!o5 1(* SC,A 182:
Section 2DAE% A'he Co!!ission on Elections
shall 777 HdIeputi0e5 with the concurrence of the
President5 law enforce!ent a/encies and
instru!entalities of the Govern!ent5 includin/
the Ar!ed -orces of the Philippines5 for the
e7clusive purpose of ensurin/ free5 orderl"5
honest5 peaceful5 and credible elections.B
shall 777 HrIeco!!end to the President the
re!oval of an" officer or e!plo"ee it has
deputi0ed5 or the i!position of an" other
disciplinar" action5 for violation or disre/ard of5
or disobedience to5 its directive5 order5 or
decision.B
A(ticle IIHC' Section 2D7EK Section B2' O&nius
Election Co!e% 'he CJ;ELEC has the power to
reco!!end the i!position of disciplinar" action
upon an e!plo"ee it has deputi0ed for violation of
its order.
Since the CJ;ELEC can reco!!end that
disciplinar" action be ta.en a/ainst an officer it
had deputi0ed5 it can investi/ate an
ad!inistrative char/e a/ainst such an officer
to deter!ine whether or not it should
reco!!end that disciplinar" action be ta.en
a/ainst hi!. 9'an v. CJ;ELEC5 12+ SC,A
282:
Section 2D:E% A'he Co!!ission on Elections
shall 777 HfIile5 upon a verified co!plaint5 or on
its own initiative5 petitions in court for inclusion
or e7clusion of votersG investi/ate and5 where
appropriate5 prosecute cases of violations of
election laws5 includin/ acts or o!issions
constitutin/ election frauds5 offenses5 and
!alpractices.B
4u(is!iction to in"esti*ate an! p(osecute
cases. 'he CJ;ELEC has e@clusi"e 3urisdiction
to investi/ate and prosecute cases for violations of
election laws. 9De &esus v. People5 (1C SC,A +>C:
#owever5 the CJ;ELEC !a" validl" dele/ate this
power to the Provincial -iscal HProsecutorI. 9People
v. &ud/e Basilla5 (+) SC,A *+:
-in!in* of p(oale cause. $t is wellEsettled that
the findin/ of probable cause in the prosecution of
election offenses rests in the CJ;ELEC@s sound
discretion. 'he CJ;ELEC e7ercises the
constitutional authorit" to investi/ate and where
appropriate5 prosecute cases for violation of
election laws5 includin/ acts or o!issions
constitutin/ election5 fraud5 offenses and
!alpractices. 9Ba"tan v. CJ;ELEC5 1CC2:
No oli*ation to sea(c# fo( e"i!ence nee!e!.
CJ;ELEC has no obli/ation to search for the
evidence needed. B'he tas. of the CJ;ELEC as
investi/ator and prosecutor5 actin/ upon an"
election offense co!plaint is not searchin/ and
/atherin/ of proof in support of a co!plaint for
alle/ed co!!ission of an election offense. A
co!plainant5 who in effect accuses another person
of havin/ co!!itted an act constitutin/ an election
offense5 has the burden5 as it is his responsibilit" to
follow throu/h his accusation and prove the
co!plaint.B
8*>
Su+ect to aut#o(it) of t(ial +u!*e. hen the
Co!!ission acts as prosecutor5 its actions and
decision are sub3ect to the authorit" of the trial
3ud/e. Even after the Co!!ission has decided that
an infor!ation be filed5 a trial 3ud/e before who!
the infor!ation is filed !a" still order
reinvesti/ation.
Aut#o(it) to !eci!e w#et#e( to appeal. 'his
power to investi/ate and prosecute election law
%2+
Qilosba-an v. C;49"9C (1$$/*
(62
SCHOOL OF LAW
ARIS S. MANGUERA
violations includes the authorit" to decide whether
or not to appeal the dis!issal of a cri!inal case b"
the trial court. 9CJ;ELEC v. Silva5 1*> SC,A (++:
.% 'he CJ;ELEC is /iven authorit" to investi/ate
and prosecute violations of the election law and
Section + sa"s that decisions5 orders and rulin/s of
the Co!!ission !a" be reviewed onl" b" the SC
on certiorari. After the preli!inar" investi/ation
conducted b" CJ;ELEC law"ers and after the
CJ;ELEC approves the report and orders the
filin/ of a cri!inal case5 !a" the trial court order a
reinvesti/ation and re<uire the presentation of the
records of the preli!inar" investi/ation !ade b"
the CJ;ELECR
A% Tes. 'he final orders5 rulin/s and decision of the
CJ;ELEC reviewable on certiorari b" the SC as
provided b" law are those rendered in actions of
proceedin/s before the CJ;ELEC and ta.en
co/ni0ance of b" said bod" in the e7ercise of its
ad3udicator" or <uasiE3udicial powers. 9such as
decisions in election contests. $t does not refer to
prosecutor" function of the Co!!ission: 'he ,'C
on the other hand5 is /iven e7clusive authorit" to tr"
and decide cri!inal cases involvin/ elections.
hen the CJ;ELEC as prosecutor files a case
before a trial court5 the trial court ac<uires
3urisdiction and all subse<uent dispositions of the
case !ust be sub3ect to approval b" the court.
#ence5 the court !a" order reinvesti/ation and
re<uire sub!ission of records of the preli!inar"
e7a!ination to satisf" itself that there is probable
cause for the issuance of a warrant of arrest.
9People v. #on. Del/ado5 ())C:
'he power of the Co!!ission under Section 19>:
covers not 3ust cri!inal cases but also
ad!inistrative cases. 9'hus5 where the
Co!!ission has deputi0ed a Cit" Prosecutor as
election canvasser5 such Prosecutor cannot clai!
i!!unit" fro! the power of the Co!!ission on the
ar/u!ent that he co!es under the e7ecutive
depart!ent. 'he Co!!ission has power all
persons re<uired b" law to perfor! duties relative
to the conduct of elections. #owever5 under Section
19*:5 the Co!!ission !a" !erel" issue a
reco!!endation for disciplinar" action to the
President.:
8*+
2. Deci!in* Election Contests
shall 777 HeI7ercise e@clusi"e o(i*inal
+u(is!iction over all contests relatin/ to the
elections5 returns5 and <ualifications of all
elective re/ional5 provincial5 and cit" officials5
and appellate +u(is!iction over all contests
involvin/ elective !unicipal officials decided b"
trial courts of /eneral 3urisdiction5 or involvin/
elective baran/a" officials decided b" trial
Decisions5 final orders5 or rulin/s of the
Co!!ission on election contests involvin/
%2/
,ernas Commentar-, p 1#%% (2##& ed*.
elective !unicipal and baran/a" offices shall be
final5 e7ecutor"5 and not appealable. A
Powe(s un!e( Section 2D2E%
(. E@clusi"e o(i*inal +u(is!iction over all
contests relatin/ to the elections5 returns5 and
<ualifications of all elective re/ional5 provincial5
and cit" officialsG
1. Appellate +u(is!iction over all contests
involvin/ elective !unicipal officials
decided b" trial courts of /eneral
3urisdiction5 or involvin/ elective baran/a"
officials decided b" trial courts of li!ited
3urisdiction.
9!he enumeration #ound in Section E(E/
e2cludes ?urisdiction oer elections #or the
Sangguniang Aabataan. ;urisdiction oer
these is gien to the :I76. (Alunan III .
Mirasol, '((*/
'he CJ;ELEC shall e7erciseK e@clusi"e
o(i*inal +u(is!iction over all contests relatin/ to
the elections5 returns5 and <ualifications of all
elective re/ional5 provincial5 and cit" officials.
8**
W#o !eci!es p(ole&s in"ol"in*
;elections' (etu(ns' an! Mualifications? of
can!i!ates,
Con*(essional Can!i!ate% Jnce a winnin/
candidate has been proclai!ed5 ta.en his
oath5 and assu!ed office as a ;e!ber of the
#ouse of ,epresentatives5 CJ;ELEC@s
3urisdiction over election contests relatin/ to
his election5 returns and <ualifications ends5
and the #,E'Bs own 3urisdiction be/ins
9A//abao v. CJ;ELEC5 1CC8:
Municipal Offices% $n the case of !unicipal
officesG even if the case be/an with the
CJ;ELEC before procla!ation before the
controvers" is resolved5 it ceases to be a preE
procla!ation controvers" and beco!es a
contest co/ni0able b" the Court of -irst
$nstance.
8*)
.% hat is the difference between the 3urisdiction
of the CJ;ELEC before the procla!ation and its
3urisdiction after procla!ationR
A% 'he difference lies in the due process
i!plications. CJ;ELEC@s 3urisdiction over a preE
procla!ation controvers" is ad!inistrative or <uasiE
3udicial and is /overned b" the less strin/ent
re<uire!ents of ad!inistrative due process
9althou/h the SC has insisted that <uestion on
A<ualificationsB should be decide onl" after a fullE
dress hearin/:.
CJ;ELEC@s 3urisdiction over AcontestsB is 3udicial
and is /overned b" the re<uire!ents of 3udicial
process. #ence5 even in the case of re/ional or
provincial or cit" offices5 it does !a.e a difference
%22
Dean ,autistaA Decide Fuestions affecting elections (but not to be
voted for*.
%2$
,ernas Primer at &$+ (2##+ ed.*
(66
SCHOOL OF LAW
ARIS S. MANGUERA
whether the CJ;ELEC will treat it as a preE
procla!ation controvers" or as a contest.
8)C
E@clusi"e 4u(is!iction o"e( p(eHp(ocla&ation
cases. 'he CJ;ELEC shall have e7clusive
3urisdiction over all preEprocla!ation controversies.
9BP **(5 Section 161: 'his should be construed as
referrin/ onl" to re/ional5 provincial and cit"
officials.9Pan/ilinan v. CJ;ELEC:
8)(
,A +(>> Section (8 p(o#iits p(eHp(ocla&ation
cont(o"e(sies in national offices De@cept on
Muestions in"ol"in* t#e co&position an!
p(ocee!in*s of t#e Boa(! of Can"asse(sE.
B62
As re/ards national offices5 Do preEprocla!ation
case is allowed re/ardin/ the preparation5
trans!ission5 receipt5 custod" and appreciation of
the election returns or certificate of canvass.
9Pan/ilinan v. CJ;ELEC5 11* SC,A 2>:
8)2
$n a con/ressional election5 the losin/
candidate cannot file a petition for correction
of !anifest errors. 9Vin0onsEChato v.
CJ;ELEC5 81C SC,A (>>:
8)6
.% Does the CJ;ELEC have authorit" to review contests
involvin/ the election of officers of a baran/a" federationR
A% Do. the power of the CJ;ELEC is over popular
elections. 9'aule v. Secretar" Santos5 ())(:
'he CJ;ELEC shall have Kappellate +u(is!iction
over all contests involvin/ elective !unicipal officials
decided b" trial courts of /eneral 3urisdiction5 or
involvin/ elective baran/a" officials decided b" trial
Appellate 4u(si!iction. 'he CJ;ELEC e7ercises
appellate 3urisdiction over contests involvin/
!unicipal or baran/a" officials as ori/inall" decided
b" re/ional or !unicipal trial courts5 and its
decision in these cases shall be final5 e7ecutor"
and not appealable
.% Section ) of ,A >>+) !a.es decisions of a
!unicipal or !etropolitan court in a barangay
election appealable to the re/ional trial court. $s this
validR
A% Do. 'he CJ;ELEC has e7clusive appellate
3urisdiction over all contests involvin/ barangay
elective officials decided b" trial court of li!ited
3urisdiction. 'he 3urisdiction of the CJ;ELEC5
however5 is over <uestions of factG <uestions of law
/o to the Supre!e Court. 9-lores v. CJ;ELEC5
())C:
%$#
,ernas Primer at &$1 (2##+ ed.*
%$1
1acinto 1imene), Political "aw Compendium, &$# (2##+ ed.*
%$2
Antonio ,. :achura, ;utline<=eviewer in Political "aw &&#
(2##+ ed.*
%$&
1acinto 1imene), 9lection "aw &/ (2##2*.
%$4
1acinto 1imene), 9lection "aw &/ (2##2*.
Powe( to issue w(its. 'he appellate
3urisdiction includes5 b" virtue of Section 8C of
BP )>+5 the power to issue writs of certiorari5
prohibition and !anda!us.
8)8
'he CJ;ELEC has the power to review
decisions of !unicipal courts on !unicipal
election contests. And when it does so5 the
entire case is not opened as what happens in
appeals on cri!inal cases.
8)>
Pe(io! to Appeal f(o& RTC. Appeal to the
CJ;ELEC fro! the ,'C !ust be filed within
8 da"s fro! receipt of a cop" of the decision. A
!otion for reconsideration of the ,'C decision
is a prohibited pleadin/5 and does not interrupt
the runnin/ of the period for appeal. 9Veloria v.
CJ;ELEC:
8)+
4nder CJ;ELEC ,ules of Procedure5 the
!ere filin/ of the Dotice of Appeal is not
enou/hG it should be acco!panied b" pa"!ent
of the correct a!ount of appeal fee5 in order
that the appeal !a" be dee!ed perfected.
8)*
E@ecution Pen!in* Appeal. 'he CJ;ELEC
cannot deprive the ,'C of its co!petence to
order e7ecution of 3ud/!ent pendin/ appeal5
because the !ere filin/ of appeal does not
divest the trial court of its 3urisdiction over a
case and the authorit" to resolve pendin/
incidents. 9Eddin/ v. CJ;ELEC5 16> SC,A
8C1:
8))
Rationale. Such e7ception is allowed in
election cases Ato /ive as !uch reco/nition to
the worth of the trial 3ud/e@s decision as that
which is initiall" ascribed b" the law to the
procla!ation of the board of canvassersB.
$ndeed5 to deprive trial courts of their discretion
to /rant e7ecution pendin/ appeal would Abrin/
bac. the /host of the ?/rabEtheEprocla!ation5
prolon/ the protest@ techni<ues so often
resorted to b" devious politicians in the past in
their efforts to perpetuate their hold on an
elective public office.B 9Santos v. CJ;ELEC5
1CC2:
>CC
$t was held that ,'C !a" /rant a !otion for
e7ecution pendin/ appeal when there are valid
and special reasons to /rant the sa!e such as=
%$%
%$+
Man&ala v. Comelec! @= 1/+211m 4a- 2, 2##/.
%$/
Antonio ,. :achura, ;utline<=eviewer in Political "aw &&2
(2##+ ed.*
%$2
(2##+ ed.*
%$$
(2##+ ed.*
+##
(2##+ ed.*
(68
SCHOOL OF LAW
ARIS S. MANGUERA
(. 'he public interest or the will of the
electorateG
1. 'he shortness of the re!ainin/ portion of
the ter!G
2. 'he len/th of ti!e that the election contest
has been pendin/. 9Davarosa v.
CJ;ELEC5 1CC2:
'he !otion for e7ecution pendin/ appeal
should be filed before the e7piration of the
period for appeal. 9,ela!pos v. Cu!ba5 162
SC,A +8+:
.% Does the CJ;ELEC have 3urisdiction to issue
writs of certiorari, mandamus, %uo warranto or
habeas corpusR
A% Tes5 it does5 but onl" in aid of its appellate
3urisdiction over election protest cases involvin/
elective !unicipal officials decided b" courts of
/eneral 3urisdiction. 9'his !eans that its 3urisdiction
is concurrent with that of the Supre!e Court under
Article V$$$5 Section 89(:. 9Carlos v. &ud/e An/eles5
1CCC:
>C(
Con*(essional Can!i!ate. 'he /eneral rule is
that the procla!ation of a con/ressional candidate
divests CJ;ELEC of 3urisdiction in favor of the
proper Electoral 'ribunal F unless the procla!ation
was invalid.
>C1
Pleiscites. 'he Co!elec has 3urisdiction over
cases involvin/ plebiscites. 'hus where the
<uestion was whether the electorate of 'a/ui/
voted in favor of5 or a/ainst the conversion of the
!unicipalit" of 'a/ui/ into a hi/hl" urbani0ed cit" in
the plebiscite conducted for the purpose5 the
Co!elec correctl" assu!ed 3urisdiction. 'he
proble! was not for re/ular courts. $t was not a
case callin/ for the e7ercise of 3udicial power since
it did not involve the violation of an" le/all"
de!andable ri/ht and its enforce!ent. 'here was
no plaintiff or defendant in the case. $t !erel"
involved the ascertain!ent of the vote of the
electorate of 'a/ui/.
>C2
.% Does the Co!!ission have the power to transfer
!unicipalities for! one con/ressional district to another
for the purpose of preservin/ proportionalit"R
A% Do. 'his is not one of the broad power /ranted b"
Section 191:. Deither is it what is referred to b" the
Jrdinance Appended to the Constitution 9Sections 1 and
2: authori0in/ the Co!!ission to !a.e A !inor
ad3ust!entsB. 'he deliberations of the Constitutional
Co!!ission on the sub3ect clearl" e7cluded the power to
transfer whole !unicipalities. 9;onte3o v. CJ;ELEC5
())8:
Powe( to Punis# Conte&pt. 'he power to punish
conte!pt can be e7ercised onl" in connection with
+#1
,ernas Primer at &$& (2##+ ed.*
+#2
Planas v Comelec! G.R. No. 167594, Mar&) 10, 2006.
+#&
6uac and 6autista v. Comelec! @.=. :o. 1%%2%%, 1anuar- 2+,
2##4.
3udicial functions and not ad!inistrative functions.
9;asan/ca" v. CJ;ELEC5 > SC,A 1+:
Decisions5 final orders5 or rulin/s of the
Co!!ission on election contests involvin/
elective !unicipal and baran/a" offices s#all
e final' e@ecuto()' an! not appealale. A
. 9!his rule does not con#lict with the minimum
appellate ?urisdiction o# the SC under Article <III,
Section 5(E/, which coers only the #inal ?udgments
and orders o# courts o# ?ustice. !he Commission is
not a ?udicial tribunal but only an administratie
body./ $t should be noted that5 its decisions5 orders
and rulin/s !a" be challen/ed in a petition for
certiorari with the SC under Article $SEA5 Section +5
on the /round of /rave abuse of discretion.
>C6
'he nonEappealable character refers onl" to
<uestions of fact and not of law. Such decisions
re!ain sub3ect to the 3urisdiction of the SC throu/h
the special civil action of certiorari under ,ule >8 in
accordance with Article $SEA5 Section +.9,ivera v.
CJ;ELEC5 ())(:
G. Deci!in* A!&inist(ati"e .uestions
Section 2DGE% A'he Co!!ission on Elections
shall 777 HdIecide5 e7cept those involvin/ the
ri/ht to vote5 all <uestions affectin/ elections5
includin/ deter!ination of the nu!ber and
location of pollin/ places5 appoint!ent of
election officials and inspectors5 and re/istration
of voters.B
.uestions on Ri*#t to Vote. 'he CJ;ELEC
cannot decide the ri/ht to vote5 which refers to the
inclusion or e7clusion of voters. 91CC( Bar
Question:
'he Constitution prevents the CJ;ELEC5 in
the e7ercise of its ad!inistrative powers and
functions5 to decide <uestions involvin/ the
ri/ht to vote. 9$t !a" do so5 however5 in the
dischar/e of its duties concernin/ re/istration
of voters5 e7cept that its decision shall be
sub3ect to 3udicial review. Such power co!es
within its <uasiE3udicial authorit" and !a" be
validl" e7ercised as incidental to its powers of
re/ulation.:
>C8
C#an*e in pollin* places. hile chan/es in the
location of pollin/ places !a" be initiated b" the
written petition of the !a3orit" of the voters5 or b"
a/ree!ent of all the political parties5 ulti!atel"5 it is
the CJ;ELEC that deter!ines whether a chan/e
+#4
Cru), Philippine Political "aw, p. &11 (1$$% ed*.
+#%
Cru), Philippine Political "aw, p. &1& (1$$% ed*3 #ac%ura1 As
an incident to its duties concernin/ re/istration of voters5 it
!a" decide a <uestion involvin/ the ri/ht to vote5 ut its
decision shall be sub3ect to 3udicial review. Antonio ,. :achura,
;utline<=eviewer in Political "aw &&4 (2##+ ed.*
(6>
SCHOOL OF LAW
ARIS S. MANGUERA
is necessar" after due notice and hearin/. 9Cawasa
v. CJ;ELEC5 1CC1:
'he Supre!e Court held that the conte!pt power
conferred upon the CJ;ELEC b" law was an
inherentl" 3udiciall" prero/ative and could not be
e7ercised b" it in connection with the dischar/e of
its purel" routinar" or ad!inistrative duties5 as
distin/uished fro! <uasiE3udicial duties. 9Guevara
v. CJ;ELEC:
A. DeputiFation of Law Enfo(ce&ent A*encies
Section 2DAE% A'he Co!!ission on Elections
shall 777 HdIeputi0e5 with the concurrence of the
President5 law enforce!ent a/encies and
instru!entalities of the Govern!ent5 includin/
the Ar!ed -orces of the Philippines5 for the
e7clusive purpose of ensurin/ free5 orderl"5
honest5 peaceful5 and credible elections.A
$t should be stressed that this power !a" be
e7ercised onl" with the consent of the President5 or
ne/ativel" stated5 !a" not be e7ercised without his
per!ission.
>C>
.% hat is the scope of power of the Co!!ission over
deputi0ed officersR
A% 'he power of the Co!!ission over deputi0ed officers
under Section 19>: covers not 3ust cri!inal cases but also
ad!inistrative cases. 'hus5 where the Co!!ission has
deputi0ed a Cit" Prosecutor as election canvasser5 such
Prosecutor cannot clai! i!!unit" for! the power of the
Co!!ission on the ar/u!ent that he co!es under the
e7ecutive depart!ent. 'he Co!!ission has power over
all persons re<uired b" law to perfor! duties relative to
the conduct of elections. #owever5 under Section 19*:5
the Co!!ission !a" !erel" issue a reco!!endation for
disciplinar" action to the President. 9'an v. CJ;ELEC5
())6:
.% hat is one instance that the CJ;ELEC is
subordinated to the PresidentR
A% Section 19*: provides that the CJ;ELEC !a" !erel"
Areco!!end to the President the re!oval of an" officer
or e!plo"ee it has deputi0ed5 or the i!position of an"
disciplinar" action5 for violation or disre/ard of5 or
disobedience to5 its decision5 order5 or directive.B
>C+
B. Re*ist(ation of Political Pa(ties
Section 2DBE% A'he Co!!ission on elections
shall 777 HrIe/ister5 after sufficient publication5
political parties5 or/ani0ations5 or coalitions
which5 in addition to other re<uire!ents5 !ust
present their platfor! or pro/ra! of
/overn!entG and accredit citi0ensY ar!s of the
Co!!ission on Elections. ,eli/ious
deno!inations and sects shall not be
re/istered. 'hose which see. to achieve their
/oals throu/h violence or unlawful !eans5 or
+#+
,ernas Commentar-, p 1#%2 (2##& ed*.
+#/
refuse to uphold and adhere to this Constitution5
or which are supported b" an" forei/n
/overn!ent shall li.ewise be refused
re/istration.
-inancial contributions fro! forei/n
/overn!ents and their a/encies to political
parties5 or/ani0ations5 coalitions5 or candidates
related to elections5 constitute interference in
national affairs5 and5 when accepted5 shall be
an additional /round for the cancellation of their
re/istration with the Co!!ission5 in addition to
other penalties that !a" be prescribed b" law.B
Pu(pose of Re*ist(ation.
(. 'o ac<uire 3uridical personalit"
1. 'o <ualif" for accreditation5
2. 'o be entitled to the ri/hts of political
parties5 a political part" !ust be re/istered
with the CJ;ELEC 9Section >C5 J!nibus
Election Code:
Reason fo( p(esentation of platfo(&s an!
p(o*(a&s. $t is essential that political parties
present their pro/ra!s and platfor!s of
/overn!ent for the infor!ation of the electorate
whose support the" are see.in/ as otherwise the
voters !a" not properl" and intelli/entl" e7ercise
their suffra/es. 'his rule will also enable the
Co!!ission to deter!ine if the part" see.in/
re/istration is not entitled thereto because it is a
reli/ious /roup5 or is subversive in nature or
purpose5 or does not reco/ni0e the Constitution5 or
bein/ supported b" a forei/n /overn!ent.
Political Pa(t). Section *C of the ()>8 Election
Code and Section 11 of the ()+( Election Code
defined a political part" as Aan or/ani0ed /roup of
person pursuin/ the sa!e political ideals in a
/overn!ent and includes its branches and
divisions..B the ()+* Election Code adopted the
afore<uoted definition b" providin/ in Section ())
that Aan" other /roup of persons pursuin/ the sa!e
political ideals in the /overn!ent !a" re/ister with
the Co!!ission and be entitled to the sa!e ri/ht
and privile/es.B 9Geroni!o v. CJ;ELEC5 ()*(:
>C*
/(oups w#ic# cannot e (e*iste(e! as political
pa(ties%
(. ,eli/ious deno!inations or sectsG
1. 'hose who see. to achieve their /oals
throu/h violence or unlawful !eansG
2. 'hose who refuse to uphold and adhere to
the ConstitutionG and
6. 'hose supported b" forei/n /overn!ents
9Article $SEC5 Section198::
/(oun!s fo( Cancellation of Re*ist(ation. 4nder
,A +)6(5 CJ;ELEC !a" !otu propio or upon a
verified co!plaint of an" interested part"5 refuse or
cancel5 after due notice and hearin/5 the
+#2
,ernas Primer at 4#4 (2##+ ed.*
(6+
SCHOOL OF LAW
ARIS S. MANGUERA
re/istration of an" national5 re/ional or sectoral
part"5 or/ani0ation or coalition5 on an" of the
followin/ /rounds=
(. $t is a reli/ious sect or deno!ination5
or/ani0ation or association or/ani0ed for
reli/ious purposesG
1. Advocates violence or unlawful !eans to see.
its /oalG
2. $t is a forei/n part" or or/ani0ationG
6. $t is receivin/ support fro! an" forei/n
/overn!entG forei/n political part"5 foundation5
or/ani0ation5 whether directl" or throu/h an"
of its officers or !e!bers5 or indirectl" throu/h
third parties5 for partisan election purposesG
8. $t violates or fails to co!pl" with laws5 rules
and re/ulations relatin/ to electionsG
>. ' declares untruthful state!ents in its petitionG
+. $t has ceased to e7ist for at least one "earG
*. $t fails to participate in the last two precedin/
elections5 or fails to obtain at least 1U of the
votes cast under the part"Elist s"ste! in the
two precedin/ elections for the constituenc" in
which it was re/istered.
One can!i!ate pe( pa(t) fo( eac# Political Pa(t).
'he SC annulled the CJ;ELEC resolution dividin/
the LDP into Awin/sB5 each of which no!inate
candidates for ever" elective position and be
entitled to representation in the election
co!!ittees that the CJ;ELEC create. 'he Court
declared that the electoral process envisions one
candidate fro! a political part" for each position5
and disunit" and discord a!on/st !e!bers of a
political part" should not be allowed to create a
!oc.er" thereof. B" accordin/ both win/s
representation in the election co!!ittees5 the
CJ;ELEC has eroded the si/nificance of political
parties and effectivel" divided the opposition. 9LDP
v. CJ;ELEC:
.% 'o re/ister for purposes of the electoral process5 !ust
an or/ani0ation be a political part"R
A% Do.
>C)
.% $s there a distinction between an accredited political
part" and a re/istered political part"R
A% 'he concept of accreditation no lon/er appears in the
new Constitution. -or purpose of the electoral process5 all
parties5 or/ani0ations and coalitions are considered
e<ual.
>(C
:. I&p(o"e&ent of Elections
shall 777 HrIeco!!end to the Con/ress effective
!easures to !ini!i0e election spendin/5
includin/ li!itation of places where propa/anda
!aterials shall be posted5 and to prevent and
penali0e all for!s of election frauds5 offenses5
!alpractices5 and nuisance candidacies.B
+#$
,ernas Primer at 4#% (2##+ ed.*
+1#
,ernas Primer at 4#% (2##+ ed.*
'he J!nibus Election Code has e7panded the list
of prohibited election practices5 chan/ed the
li!itations on the e7penses to be incurred b"
political parties or candidates5 allows the
CJ;ELEC to refuse to /ive due course to
certificates of nuisance candidates and assures
e<ual treat!ent for all candidates privile/ed or
not.
>((
shall 777 HsIub!it to the President and the
Con/ress5 a co!prehensive report on the
conduct of each election5 plebiscite5 initiative5
referendu!5 or recall.B
'he report !entioned here can be the basis of
le/islation that !a" i!prove the conduct of future
elections.
>(1
8. Powe( to P(o&ul*ate Rules of P(oce!u(e
Section G% A'he Co!!ission on Elections !a"
sit en banc or in two divisions5 and shall
pro!ul/ate its rules of procedure in order to
e7pedite disposition of election cases5 includin/
preE procla!ation controversies. All such
election cases shall be heard and decided in
division5 provided that !otions for
reconsideration of decisions shall be decided b"
the Co!!ission en banc.$
COMELEC Rules ". Rules of Cou(t. Should there
be a conflict between a rule of procedure
pro!ul/ated b" the Co!!ission and a ,ule of
Court5 if the proceedin/ is before the Co!!ission 5
the Co!!ission rule should prevailG but if the
proceedin/ is in court5 the ,ules of Court should
prevail. 9 Aruelo v. CA5 ())2:
7. Supe("ision o( Re*ulation of -(anc#ises
Section A% A'he Co!!ission !a"5 durin/ the
election period5 supervise or re/ulate the
en3o"!ent or utili0ation of all franchises or
per!its for the operation of transportation and
other public utilities5 !edia of co!!unication or
infor!ation5 all /rants5 special privile/es5 or
concessions /ranted b" the Govern!ent or an"
includin/ an" /overn!entEowned or controlled
corporation or its subsidiar". Such supervision
or re/ulation shall ai! to ensure e<ual
opportunit"5 and e<ual rates therefor5 for public
infor!ation ca!pai/ns and foru!s a!on/
candidates in connection with the ob3ective of
holdin/ free5 orderl"5 honest5 peaceful5 and
credible elections.B
C#a"eF ". COMELEC' 2JJA% 'he SC upheld the
validit" of Section 215 ,esolution Do. >81C5
+11
Cru), Philippine Political "aw, p. &1/ (1$$% ed*.
+12
Cru), Philippine Political "aw, p. &1/ (1$$% ed*.
(6*
SCHOOL OF LAW
ARIS S. MANGUERA
providin/ that all !aterials showin/ the picture5
i!a/e or na!e of a person5 and all advertise!ents
on print5 in radio or on television showin/ the
i!a/e or !entionin/ the na!e of a person5 who
subse<uent to the place!ent or displa" thereof
beco!es a candidate for public office shall be
i!!ediatel" re!oved5 otherwise the person and
the radio station shall be presu!ed to have
conducted pre!ature ca!pai/nin/ in violation of
Section *C of the J!nibus Election Code.
PPI ". COMELEC' 2AA SCRA 282% 'he SC
invalidated the CJ;ELEC resolution re<uirin/
newspapers to /ive5 for free5 oneEhalf pa/e
newspaper space for use b" the CJ;ELEC. 'his
was held to be an invalid e7ercise of the police
power5 there bein/ no i!perious public necessit"
for the ta.in/ of the newspaper space.
SWS ". COMELEC' 373 SCRA B26% 'he SC held
that this power !a" be e7ercised onl" over the
!edia5 not over practitioners of !edia. 'hus5 in this
case the SC invalidated a CJ;ELEC resolution
prohibitin/ radio and 'V co!!entators and
newspaper colu!nists fro! co!!entin/ on the
issues involved in the forthco!in/ plebiscite for the
ratification of the or/anic law establishin/ the CA,.
.% Does the power to re/ulate !edia durin/ Aelection
periodB also e7tend to the period of a plebiscite or
referendu!R
A% Tes. Jf essence to plebiscite and referenda is Afair
sub!ission.B ;oreover5 the for!ulation of the Constitution
is !ore i!portant in a sense than choice of !en who will
i!ple!ent that charter. Evidentl"5 therefore5 re/ulator"
power durin/ the period of plebiscite or referendu!5 is
also intended. 94nido v. CJ;ELEC5 ()*(:
6. Powe( to Reco&&en! E@ecuti"e Cle&enc)Q
Section B% ADo pardon5 a!nest"5 parole5 or
suspension of sentence for violation of election
laws5 rules5 and re/ulations shall be /ranted b"
the President without the favorable
reco!!endation of the Co!!ission.B
3J. In Special Cases' Powe( to -i@ Election
Pe(io!
Section 6% 4nless otherwise fi7ed b" the
Co!!ission in special cases5 the election
period shall co!!ence ninet" da"s before the
da" of election and shall end thirt" da"s
thereafter.
Election Pe(io! ". Ca&pai*n Pe(io!.
Election perio! refers to the period of ti!e
needed for ad!inisterin/ an election. $t can thus /o
be"ond the date for the castin/ of ballots.
>(2

Campai#n perio! refers to the period of active
solicitation of votes. 'his !a" be set b" the
+1&
,ernas Commentar-, p 1#+2 (2##& ed*.
le/islature for a period less than the election
period.
>(6
Campai#n perio! cannot e$ten!
%e'on! the election !a'.
>(8
.% Enu!erate so!e specific reco!!endator" powers of
CJ;ELEC.
A% Section 19+:5 9*: and 9):. 9See also Section 5/
E. Statuto() Powe(s
(. 'he CJ;ELEC shall have e2clusie char/e of
the enforce!ent and ad!inistration of all laws
relative to the conduct of elections. 9BP **(5
Section 81:
1. E7ercise direct and i!!ediate supervision and
control over national and local officials or
e!plo"ees. 9BP **(5 Section 819a::.
2. 'he power to authori0e an" !e!bers of A-P5
PDP5 DB$ to act as deputies durin/ the period
of ca!pai/n and endin/ 2C da"s thereafter
when in an" are of the countr" there are
persons co!!ittin/ acts of terroris!. 9BP **(5
Section 819b::.
6. Pro!ul/ate rules and re/ulations
i!ple!entin/ provisions of laws which the
Co!!ission is re<uired to enforce. 9BP **(
Section 819c::.
8. Power to su!!on parties to a controvers"
pendin/ before it. 9BP **(5 Section 819d::
>. Powe( to punis# conte&pt. 9BP **(5 Section
819d::
+. Power to enforce and e7ecute its decisions5
directives5 orders and instructions. 9BP **(5
Section 819f::
*. Power to prescribe for!s to be used in the
election5 plebiscite or referendu!.
). Power to procure an" supplies5 e<uip!ent5
!aterials or services needed for holdin/ of
elections. 9BP **(5 Section 819h::
(C. Powe( to p(esc(ie use o( a!option of t#e
latest tec#nolo*ical !e"ices. 9BP **(5
Section 819i::
((. Powe( to p(esc(ie latest tec#nolo*ical an!
elect(onic !e"ices upon notice to
acc(e!ite! political pa(ties an! can!i!ates
not less t#an GJ !a)s efo(e. T#e
COMELEC is aut#o(iFe! to use an
A$TOMATED ELECTION SCSTEM fo( t#e
p(ocess of "otin*' countin* "otes' an!
can"assin* of t#e (esults. 9,A *62>5 Section
>:
(1. Power to carr" out continuin/ s"ste!atic
ca!pai/n. 9BP **(5 Section 8193::
(2. Power to enlist nonEpartisan /roup or
or/ani0ations of citi0ens 9BP **(5 Section
819.::
(6. Powe( to issue sea(c# wa((ants durin/
election periods. 9BP **(5 Section 8+9(::
+14
,ernas Commentar-, p 1#+2 (2##& ed*.
+1%
(6)
SCHOOL OF LAW
ARIS S. MANGUERA
(8. Power to stop an" election activit"5 or
confiscate tear down5 and stop an" unlawful5
libelous5 !isleadin/ or false election
propa/anda5 after due notice and hearin/. 9BP
**(5 Section 8+91::
(>. Powe( to inMui(e into t#e financial (eco(!s
of candidates and an" or/ani0ation or /roup of
persons after due notice and hearin/. 9BP **(5
Section 8+92::
(+. Powe( to !ecla(e failu(e of election an! call
fo( special elections 9,A +(>>5 Section 6:
(*. Di"i!e a p(o"ince wit# onl) one le*islati"e
!ist(ict into two !ist(icts fo( pu(poses of
t#e election of t#e &e&e(s of t#e
San**unian* 5aataan. D,A +(>>5 Section
29b::
Powe( to Decla(e -ailu(e of Elections
'he SC said that under BP **(5 there are onl"
three instances where a failure of elections !a"
been declare5 na!el"=
(. 'he election in an" pollin/ place has not bee
held on the date fi7ed on account of force
!a3eure5 violence5 terroris!5 fraud or other
analo/ous causesG
1. 'he election in an" pollin/ place had been
suspended before the hour fi7ed b" law for the
closin/ of the votin/ on account of force
!a3eure5 violence terroris!5 fraud or other
analo/ous casesG or
2. After the votin/ and durin/ the preparation and
trans!ission of the election returns or in the
custod" or canvass thereof such election
results in a failure to elect on account of force
!a3eure5 violence5 terroris!5 fraud or other
analo/ous causes. 9Sison v. CJ;ELEC5 ()))G
Pasandalan v. CJ;ELEC5 1CC1:
Contents of Petition. 'he SC held that for
CJ;ELEC to conduct a hearin/ on a verified
petition to declare a failure of election5 it is
necessar" that the petition !ust show on its face
two conditions=
(. 'hat no votin/ has ta.en place in the precinct
on the date fi7ed b" law or5 even if there was
votin/5 the election nevertheless results in a
failure to electG and
1. 'he votes not cast would affect the results of
the election. 9;it!u/ v. CJ;ELEC5 12C SC,A
86:
'hus5 in this case5 for failure of the petition to show
the e7istence of the first condition5 the CJ;ELEC
did not co!!it /rave abuse of discretion when it
dis!issed the petition even without a hearin/.
/. E@a&ples of Matte(s Not Wit#in t#e
Powe(s14u(is!iction of COMELEC
(. CJ;ELEC has no power to decide <uestions
Ainvolvin/ the ri/ht to vote.B 9Section 192:
Section 19>: places cases involvin/ Ainclusion
or e7clusion of votersB under the 3urisdiction of
courts.
>(>
1. 'he /eneral rule is that the procla!ation of a
con/ressional candidate divests CJ;ELEC of
3urisdiction in favor of the proper Electoral
'ribunal F unless the procla!ation was
invalid.
>(+
2. $n the case of !unicipal officesG even if the
case be/an with the CJ;ELEC before
procla!ation before the controvers" is
resolved5 it ceases to be a preEprocla!ation
controvers" and beco!es a contest
co/ni0able b" the Court of -irst $nstance.
>(*
6. 'he CJ;ELEC has no power to !a.e a
reapportion!ent of le/islative districts.
9;onte3o v. CJ;ELEC:
8. 'he CJ;ELEC cannot prohibit radio and 'V
co!!entators and newspaper colu!nists fro!
co!!entin/ on the issues involved in the
forthco!in/ plebiscite for the ratification of the
or/anic law establishin/ the CA,. 9PP$ v.
CJ;ELEC:
>. 'he CJ;ELEC cannot deprive the ,'C of its
co!petence to order e7ecution of 3ud/!ent
pendin/ appeal5 because the !ere filin/ of
appeal does not divest the trial court of its
3urisdiction over a case and the authorit" to
resolve pendin/ incidents. 9Eddin/ v.
CJ;ELEC5 16> SC,A 8C1:
0. Powe(s of C#ai(&an
-acts% ,espondent as Chair!an of the CJ;ELEC
re!oved petitioner as Director of the Education and
$nfor!ation Depart!ent and reassi/ned her to the Law
Depart!ent. Petitioner ar/ued that onl" the CJ;ELEC
actin/ as a colle/ial bod" can authori0e her
reassi/n!ent.
0el!% 4nder Section +96:5 chapter 15 Subtitle C5
Boo. V of the ,evised Ad!inistrative Code5 the
Chairman COME.EC is veste! ith poer to
ma(e temporar' assi#nments- rotate an!
transfer personnel in accor!ance ith the
provision of the Civil Service .a. $n the
e7ercise of this power5 the Chair!an is not re<uired
b" law to secure the approval of the CJ;ELEC en
banc. 9;atiba/ v. Benipa"o:
>()
I. En Banc1 Two Di"isions
'he Co!!ission on Elections !a" sit en banc or in two
divisions5 and shall pro!ul/ate its rules of procedure in
order to e7pedite disposition of election cases5 includin/
preE procla!ation controversies. All suc# election cases
s#all e #ea(! an! !eci!e! in !i"ision5 provided that
+1+
,ernas Commentar-, p 1#%1 (2##& ed*.
+1/
Planas v Comelec! G.R. No. 167594, Mar&) 10, 2006.
+12
,ernas Primer at &$+ (2##+ ed.*
+1$
(8C
SCHOOL OF LAW
ARIS S. MANGUERA
!otions for reconsideration of decisions shall be decided
b" the Co!!ission en banc. 9Article $SEC5 Section 2:
'he last sentence of Section 2 prescribes two
i!portant rules=
:& Motions for reconsi!eration are
!eci!e! en %anc&
But a decision en banc is re<uired onl" when
the sub3ect for reconsideration is a Adecision5B
that is5 a resolution of substantive issues. 'hus5
reconsideration of a dis!issal based on lac. of
interest !a" be heard in division. 9Sala0ar v.
CJ;ELEC5 ())C:
0owe"e(5 while a !otion to reconsider an
interlocutor" order of a division should be
resolved b" the division which issued the
interlocutor" order5 it !a" be referred to
the Co!elec en banc if all the !e!bers
of the division a/ree. (Soriano et al
Comelec, G, (>66)>E8C85 April 15 1CC+:.
$f a case which should /o to the Co!elec
en banc is erroneousl" filed with a
division5 it !a" auto!aticall" be elevated
to the Co!elec en banc. 'his is not
provided for in the Co!elec ,ules of
Procedure5 but such action is not
prohibited. (Mutilan Comelec, G.,.
(+(16>*5 April 15 1CC+.:
;& Election cases are !eci!e! in !ivision&
'he rule that all election cases5 includin/ preE
procla!ation cases5 should first be heard and
decided b" the CJ;ELEC in division applies
onl" when the CJ;ELEC e7ercises its
ad3udicator" or <uasiE3udicial functions5 not
when it e7ercises purel" ad!inistrative
functions. 9;unicipal Board of Canvassers v.
CJ;ELEC5 1CC2:
'he conduct of a preli!inar" investi/ation
before the filin/ of an infor!ation in court
does not involve the e7ercise of
ad3udicator" function. 9Balindon/ v.
CJ;ELEC5 1CC2:
Election cases !ust first be decided in division.
#ence the Co!elec en banc !a" not decide an
election case still pendin/ before a division.
(MuQo= Comelec, G.,. (+C>+*5 &ul" (+5
1CC>.:
Cases w#ic# &ust fi(st e #ea(! an! !eci!e! in
!i"ision%
(. All election cases5 includin/ preEprocla!ation
contests5 ori/inall" co/ni0able b" the
Co!!ission in the e7ercise of its powers
under Section 191: of Article $SEC.
1. Petition to cancel a certificate of candidac"
rests with the CJ;ELEC in division5 not he
CJ;ELEC en banc. 9Bautista v. CJ;ELEC5
1CC2:
2. Cases appealed fro! the ,'C or ;'C. 9Abad
v. CJ;ELEC5 ())):
6. Petition for certiorari fro! a decision of the
,'C 9or ;'C:.9Soller v. CJ;ELEC5 1CCC:
Cases ) En Banc
(. ;otions for reconsideration of AdecisionsB.
9Section 25 Article $SEC:
1. Cases that involve the e7ercise of purel"
ad!inistrative functions.
CJ;ELEC en banc !a" directl"
assu!e 3urisdiction over a petition to
correct !anifest errors in the tabulation or
tall"in/ of results 9Statement o# <otes/ b"
the Board of canvassers.9'orres v.
CJ;ELEC:
o State!ent of Votes is
!erel" a tabulation per precinct of the
votes obtained b" the candidates as
reflected in the election returns. hat is
involved is si!ple arith!etic. $n !a.in/
the correction in the co!putation5 the
Board of Canvassers acts in an
ad!inistrative capacit" under the
control and supervision of the
CJ;ELEC. Pursuant to its
constitutional function to decide
<uestions affectin/ elections5 the
CJ;ELEC en banc has authorit" to
resolve an" <uestion pertainin/ to
proceedin/s of the Board of
Canvassers. 9;astura v. CJ;ELEC:
'he power of the CJ;ELEC to
prosecute cases of violation of election
laws involves the e7ercise of
ad!inistrative powers which !a" be
e7ercised directl" b" the CJ;ELEC en
banc. 9Ba"tan v. CJ;ELEC5 1CC2:
.% Does the CJ;ELEC en banc have 3urisdiction to
decide election casesR
A% Do. 'his power pertains to the divisions of the
Co!!ission. An" decision b" the Co!!ission en banc as
re/ards election cases decided b" it in the first instance is
null and void. 9Soller v. CJ;ELEC5 1CCC:
.% hen is hearin/ b" division re<uiredR
A% $t is onl" in the e7ercise of its ad3udicator" or <uasiE
3udicial powers that the CJ;ELEC is !andated to hear
and decide cases first b" division and then5 upon !otion
for reconsideration5 b" the CJ;ELEC en banc. 'he
conduct of a preli!inar" investi/ation before the filin/ of
an infor!ation in court does not involve the e7ercise of
ad3udicator" function. 9Ba"tan v. CJ;ELEC5 1CC2:
.% ;ust a !otion for reconsideration of an order of
dis!issal for lac. of interest due to the failure of petitioner
or counsel to appear for hearin/ be reviewed b" the
CJ;ELEC en banc or !a" it be considered b" a
divisionR
A% $t !a" be considered b" a division. hat the
Constitution sa"s !ust be heard en banc are !otions for
reconsideration of Adecisions5B that is resolutions of
substantive issues. 'he described dis!issal was not a
decision. 9Sala0ar v. CJ;ELEC5 ())C:
.% $s the rule on preferential disposition of election cases
su//ested b" Article $SEA5 Section + and the re<uire!ent
in Section 18+ of the J!nibus Election CJDE that the
CJ;ELEC shall decide all election cases brou/ht before
it within ninet" da"s fro! the date of sub!ission a hard
and fir! ruleR
(8(
SCHOOL OF LAW
ARIS S. MANGUERA
A% Do. Considerin/ the tribunal@s !anpower and lo/istic
li!itations5 it is sensible to treat the procedural
re<uire!ents on deadlines realisticall". 9Alvare0 v.
CJ;ELEC5 1CC(:
0. Pa(t) S)ste&
Section :% A free and open part" s"ste! shall be
allowed to evolve accordin/ to the free choice of the
people5 sub3ect to the provisions of this Article.
Section 8. Do votes cast in favor of a political
part"5 or/ani0ation5 or coalition shall be valid5
e7cept for those re/istered under the part"Elist
s"ste! as provided in this Constitution.
(9elate this to Article <I, Section 5 par.E proiding #or
EGR o# the seats in the &ouse o# 9epresentaties being
allocated to partyBlist representaties/
Section 7% PartiesKre/istered under the part"Elist
s"ste!Kshall be entitled to appoint poll watchers in
accordance with law.
I. Rep(esentation
Political parties5 or or/ani0ations or coalitions
re/istered under the part"Elist s"ste!5 shall not be
represented in the votersY re/istration boards5
boards of election inspectors5 boards of
canvassers5 or other si!ilar bodies. #owever5 the"
shall be entitled to appoint poll watchers in
accordance with law. 9Article $SEC5 Section *:
4. Elections
3. Election Pe(io!
4nless otherwise fi7ed b" the Co!!ission in
special cases5 the election period shall co!!ence
ninet" da"s before the da" of election and shall
end thirt" da"s thereafter. 9Article $SEC5 Section ):
'he election period is distin/uished fro! the
ca!pai/n period in that the latter cannot e7tend
be"ond the election da".
>1C
2. EMual P(otection of Can!i!ates
Bona fide candidates for an" public office shall be
free fro! an" for! of harass!ent and
discri!ination. 9Article $SEC5 Section (C:
.% Does Section (C /ive candidates i!!unit" fro!
suitR
A% Do.
>1(
.% /i"e e@a&ple of !isc(i&ination.
A% 4ne<ual treat!ent in the avail!ent of !edia
facilities.
>11
+2#
+21
,ernas Primer at 4#/ (2##+ ed.*
+22
,ernas Primer at 4#/ (2##+ ed.*
G. -un!s1 -iscal Autono&)
-unds certified b" the Co!!ission as necessar" to
defra" the e7penses for holdin/ re/ular and special
elections5 plebiscites5 initiatives5 referenda5 and
recalls5 shall be provided in the re/ular or special
appropriations and5 once approved5 shall be
released auto!aticall" upon certification b" the
Chair!an of the Co!!ission. 9Article $SEC5 Section
((:
5. Re"iew of Decisions
A(ticle IIHA' Section 8. 777 4nless otherwise
provided b" this Constitution or b" law5 an)
!ecision' o(!e(' o( (ulin* of each Co!!ission !a"
be brou/ht to the Supre!e Court on certiorari b" the
a//rieved part" within thirt" da"s fro! receipt of a
cop" thereof.
Sup(e&e Cou(t. Jnl" decisions of the CJ;ELEC
en banc !a" be brou/ht to the SC on certiorari 9as
a special civil action under ,ule >8:.
hat is conte!plated b" the ter! final o(!e(s'
(ulin*s an! !ecisions of CJ;ELEC
reviewable b" certiorari b" the SC as provided
b" law are those rendered in actions or
proceedin/s before the CJ;ELEC and ta.en
co/ni0ance of b" the said bod" in the e7ercise
of its a!+u!icato() or MuasiH+u!icial
powe(s
:2G
. 9-ilipinas En/ineerin/ and ;achine
Shop v. -errer5 (28 SC,A 18: 'he certiorari
3urisdiction of the SC does not refer to purel"
e7ecutive powers such as those which relate
to the CJ;ELEC@s appointin/ power.
>16
9A!bil
v. CJ;ELEC5 1CCC:
T(ial Cou(ts. Deter!inations !ade b" the
CJ;ELEC which are !erel" ad!inistrative 9not
3udicial: in character5 !a" be challen/ed in an
ordinar" civil action before trial courts. 9-ilipinas
En/ineerin/ O ;achine Shop v. -errer:
'hus5 where what was assailed in the
petition for certiorari was the CJ;ELEC@s
choice of appointee5 which is a purel"
ad!inistrative dut"5 the case is co/ni0able
b" the ,'C 9or the CSC as the case !a"
be:.
IV. Co&&ission on Au!it
Composition of COA
Bualifications of Commissioners of COA
Appointment of Commissioners
+2&
'hus5 a person whose certificate of candidac" is re3ected or
canceled b" the CJ;ELEC on the /round5 sa"5 that he does
not possess the re<uired <ualifications5 !a" elevate the !atter
on certiorari to the Supre!e Court. 9Cru), Philippine Political
"aw, p. &1$ (1$$% ed*.
+24
#ence5 <uestions arisin/ fro! the award of a contract for
the construction of votin/ booths can be brou/ht before a trial
court.
(81
SCHOOL OF LAW
ARIS S. MANGUERA
Poers an! Duties of COA
*uris!iction
Section (. 9(: 'here shall be a Co!!ission on Audit
co!posed of a Chair!an and two Co!!issioners5 who shall
be naturalEborn citi0ens of the Philippines and5 at the ti!e of
their appoint!ent5 at least thirt"Efive "ears of a/e5 Certified
Public Accountants with not less than ten "ears of auditin/
e7perience5 or !e!bers of the Philippine Bar who have been
en/a/ed in the practice of law for at least ten "ears5 and !ust
not have been candidates for an" elective position in the
elections i!!ediatel" precedin/ their appoint!ent. At no ti!e
shall all ;e!bers of the Co!!ission belon/ to the sa!e
profession.
A. Co&position of COA
Co!!ission on Audit is co!posed of a Chair!an
and two Co!!issioners.
B. .ualifications of Co&&issione(s
five "ears of a/eG
2. Certified Public Accountants with not less than
ten "ears of auditin/ e7perience5 or !e!bers
of the Philippine Bar who have been en/a/ed
in the practice of law for at least ten "earsG
elective position in the elections i!!ediatel"
precedin/ their appoint!ent.
At no ti!e shall all ;e!bers of the Co!!ission
belon/ to the sa!e profession.
C. Appoint&ent of Co&&issione(s
Section 3D2E 'he Chair!an and the Co!!issioners shall be
Co!!ission on Appoint!ents for a ter! of seven "ears
without reappoint!ent. Jf those first appointed5 the Chair!an
shall hold office for seven "ears5 one Co!!issioner for five
"ears5 and the other Co!!issioner for three "ears5 without
reappoint!ent. Appoint!ent to an" vacanc" shall be onl" for
the une7pired portion of the ter! of the predecessor. $n no
case shall an" ;e!ber be appointed or desi/nated in a
te!porar" or actin/ capacit".
D. Powe(s an! Duties of COA
Section 1. 9(: 'he Co!!ission on Audit shall have the power5
authorit"5 and dut" to e7a!ine5 audit5 and settle all accounts
pertainin/ to the revenue and receipts of5 and e7penditures or
uses of funds and propert"5 owned or held in trust b"5 or
pertainin/ to5 the Govern!ent5 or an" of its subdivisions5
a/encies5 or instru!entalities5 includin/ /overn!entEowned or
controlled corporations with ori/inal charters5 and on a postE
audit basis=
9a: constitutional bodies5 co!!issions and offices that have
been /ranted fiscal autono!" under this ConstitutionG
9b: autono!ous state colle/es and universitiesG
9c: other /overn!entEowned or controlled corporations and
their subsidiariesG and
9d: such nonE/overn!ental entities receivin/ subsid" or e<uit"5
directl" or indirectl"5 fro! or throu/h the Govern!ent5 which
are re<uired b" law or the /rantin/ institution to sub!it to such
audit as a condition of subsid" or e<uit". #owever5 where the
internal control s"ste! of the audited a/encies is inade<uate5
the Co!!ission !a" adopt such !easures5 includin/
te!porar" or special preEaudit5 as are necessar" and
appropriate to correct the deficiencies. $t shall .eep the /eneral
accounts of the Govern!ent and5 for such period as !a" be
provided b" law5 preserve the vouchers and other supportin/
papers pertainin/ thereto.
91: 'he Co!!ission shall have e7clusive authorit"5 sub3ect to
the li!itations in this Article5 to define the scope of its audit and
e7a!ination5 establish the techni<ues and !ethods re<uired
therefor5 and pro!ul/ate accountin/ and auditin/ rules and
re/ulations5 includin/ those for the prevention and
disallowance of irre/ular5 unnecessar"5 e7cessive5 e7trava/ant5
or unconscionable e7penditures or uses of /overn!ent funds
and properties.
3. /ene(al -unction of COA
$t is the function of the CJA to e7a!ine the
accurac" of the records .ept b" accountable
officers and to deter!ine whether e7penditures
have been !ade in confor!it" with law. $t is
therefore throu/h the Co!!ission on Audit that the
people can verif" whether their !one" has been
properl" spent.
>18
2. Classification of COALs -unctions
:2:
(. 'o e7a!ine and audit all for!s of /overn!ent
revenuesG
1. 'o e7a!ine and audit all for!s of /overn!ent
e7pendituresG
2. 'o settle /overn!ent accountsG
6. 'o define the scope of techni<ues for its own
auditin/ proceduresG
8. 'o pro!ul/ate accountin/ and auditin/ rules
Aincludin/ those for the prevention and
disallowance of irre/ular5 unnecessar"5
e7cessive5 e7trava/ant5 or unconscionable
e7penditures5BG
>. 'o decide ad!inistrative cases involvin/
e7penditures of public funds.
To e@a&ine an! au!it all fo(&s of
*o"e(n&ent e@pen!itu(esK
PostHau!it. 'he provision on postEaudit is a
reco/nition of the fact that there are certain
/overn!ent institutions which can be
ha!pered in their operation b" preEaudit
re<uire!ents.
>1+
+2%
,ernas Primer at 4#$ (2##+ ed.*
+2+
+2/
,ernas Commentar-, p 1#++ (2##& ed*.
(82
SCHOOL OF LAW
ARIS S. MANGUERA
PostHau!it Aut#o(it). 'he Co!!ission has
onl" postEaudit authorit" over=
(. Constitutional bodies5 co!!issions and
offices that have been /ranted fiscal
autono!" under the ConstitutionG
1. Autono!ous state colle/es and
universitiesG
2. Jther /overn!entEowned controlled
corporations and their subsidiariesG
6. Such nonE/overn!ental entities receivin/
subsid" or e<uit"5 directl" or indirectl"5
fro! or throu/h the /overn!ent5 which
are re<uired b" law or b" the /rantin/
institution to sub!it to such audit as a
condition of subsid" or e<uit".
9here the internal control s"ste! of audited
a/encies is inade<uate5 the Co!!ission !a"
adopt such !easures5 includin/ te!porar" or
special preEaudit5 as are necessar" and
appropriate to correct an" deficiencies.
;oreover5 even in cases where preEaudit is
allowed and preEaudit has alread" been
perfor!ed5 the Co!!ission is not estopped
fro! !a.in/ a postEaudit.:
P(i"ate Au!ito(s. Public corporations !a"
e!plo" private auditors. 'he clear and
un!ista.able conclusion fro! a readin/ of the
entire Section 1 is that the CJAYs power to
e7a!ine and audit is nonEe7clusive. Jn the
other hand5 the CJAYs authorit" to define the
scope of its audit5 pro!ul/ate auditin/ rules
and re/ulations5 and disallow unnecessar"
e7penditures is e7clusive.
#owever5 as the constitutionall" !andated
auditor of all /overn!ent a/encies5 the CJAYs
findin/s and conclusions necessaril" prevail
over those of private auditors5 at least insofar
as /overn!ent a/encies and officials are
concerned.
>1*

Co&p(o&ise A*(ee&ent. 'he participation b"
the Cit" in ne/otiations for an a!icable
settle!ent of a pendin/ liti/ation and its
eventual e7ecution of a co!pro!ise a/ree!ent
relative thereto5 are indubitabl" within its
authorit" and capacit" as a public corporation5
and a co!pro!ise of a civil suit in which it is
involved as a part" is a perfectl" le/iti!ate
transaction5 not onl" reco/ni0ed but even
encoura/ed b" law. 'hus5 CJA co!!itted
/rave abuse of discretion when it disallowed
the Cit"@s appropriation of P2C5CCC !ade
confor!abl" with the co!pro!ise a/ree!ent.
9Js!ena v. CJA5 12* SC,A 6>2:
Sala() Vouc#e(. 'he dut" to pass in audit a
salar" voucher is discretionar". 9Gon0ales v.
Provincial Board of $loilo5 (1 SC,A +((:
'he SC held that the CJA has the power to
overrule the DPC 9Dational Power Corporation:
+22
96P v. COA! @.=. :o. 224&%. 1anuar- 1+, 2##2
General Counsel on postEaudit !easures
relative to the deter!ination of whether an
e7penditure of a /overn!ent a/enc" is
irre/ular5 unnecessar"5 e7trava/ant or
unconscionable.
.% ;a" CJA in the e7ercise of its auditin/ function5
disallow the pa"!ent of bac.wa/es to e!plo"ees ille/all"
dis!issed and sa" that the responsibilit" belon/s to the
official who dis!issed the! in bad faithR
A% Do. CJA cannot sa" that the responsibilit" belon/s to
the official who !ade the ille/al dis!issal when such
official has not been heard. Besides5 pa"!ent of
bac.wa/es is not an irre/ular5 unnecessar"5 e7cessive or
e7trava/ant e7pense. 94" et. al. v. CJA5 1CCC:
.% Does the power of the Co!!ission e7tend to nonE
accountable officersR
A% Tes. 'he Co!!ission has authorit" not 3ust over
accountable officers but also over the officers who
perfor! functions related to accountin/ such as
verification of evaluations and co!putation of fees
collectible5 and the adoption of internal rules of control.
9An Evaluator%Co!puter5 for instance is an indispensable
part of the process of assess!ent and collection and
co!es within the scope of the Co!!ission@s
3urisdiction.: 9;a!aril v. Do!in/o5 ())2:
>1)
To settle *o"e(n&ent accounts
Powe( to ;settle accounts?. 'his !eans the
power to settle li%uidated accounts5 that is5
those accounts which !a" be ad3usted si!pl"
b" an arith!etical process. $t does not include
the power to fi7 the a!ount of an un#i2ed or
undeter!ined debt. 9Co!pania General de
'abacos v. -rench and 4nison5 ()():
4nli<uidated clai!s present a 3usticiable
<uestion which is be"ond the powers of the
CJA to ad3udicate. ,ecover" based on
%uantum meruit involves a unli<uidated clai!5
because its settle!ent re<uires the application
of 3ud/!ent and discretion and cannot be
ad3usted b" si!ple arith!etical process. 9-.-.
;anacop Construction Co.5 $nc. v. CA5 1>>
SC,A 128:
>2C
'o secure the release of funds fro! the
'reasur"5 a wa((ant !ust be drawn b" the
proper ad!inistrative official and
counte(si*ne! b" the Co!!ission on
Audit.
>2(
'his counterEsi/nature !a" be
co!pelled if it can be shown that=
(. 'he warrant has been le/all" drawn b"
the officer authori0ed b" law to do soG
1. An appropriation to which the warrant !a"
be applied e7ists b" virtue of lawG
2. An une7pected balance of the a!ount
appropriated is available. 9Tncausti v.
ri/ht5 6+ Phil. *>>:
+2$
+&#
1acinto 1imene), Political "aw Compendium, &$4 (2##+ ed.*
+&1
Cru), Philippine Political "aw, p.&24
(86
SCHOOL OF LAW
ARIS S. MANGUERA
'he dut" to countersi/n the warrant in this
case is !erel" !inisterial.
'he followin/ have been held to be
discretionar"=
(. 'he dut" to pass audit a salar" voucher.
9Gon0ales v. Provincial Auditor of $loilo5 (1
SC,A +((:
1. 'he dut" of the Co!!ission on Audit to
issue a certificate of clearance to an"
accountable officer see.in/ to leave the
Philippines. 9La!b v. Philipps5 11 Phil.
6+2:
Deci!e Mone) Clai&s. 'he CJA can decide
!one" clai!s based on law. But if a !one"
clai! is denied b" a law5 CJA has no authorit"
to pass 3ud/!ent on the constitutionalit" of the
law.
>21
3667 Ba( .uestion DMone) Clai&sE
.% 'he Depart!ent of Dational Defense
entered into a contract with ,aintree
Corporation for the suppl" of ponchos to the
A-P5 stipulatin/ that5 in the event of breach5
action !a" be filed in the proper courts in
;anila. Suppose the A-P fails to pa" for
delivered ponchos5 where !ust ,aintreee
Corporation file its clai!R h"R
A% ,aintree Corporation !ust file its clai! with
the CJA. 4nder Article $SED5 Section 19(:5 the
CJA has the authorit" to settle all the accounts
pertainin/ to e7penditure of public funds.
,aintree Corporation cannot file a case in
court. 'he ,epublic of the Philippines did not
waive its i!!unit" fro! suit when it entered
into the contract with ,aintree Corporation for
the suppl" of ponchos for the use of A-P. 'he
contract involves the defense of the
Philippines and therefore relates to a
soverei/n function.
'he provision for venue in the contract does
not constitute a waiver of the State i!!unit"
fro! suit because the e7press waiver of this
i!!unit" can onl" be !ade b" a statute.
Aut#o(it) to !efine t#e scope of its au!it an
e@a&ination' estalis# tec#niMues an!
&et#o!s (eMui(e! t#e(efo(.
'he SC said that the power of the Co!!ission
to define the scope of its audit and to
pro!ul/ate auditin/ rules and re/ulations and
the power to disallow unnecessar"
e7penditures is e7clusive. 98ut its power to
e2amine and audit is not e2clusie/
To p(o&ul*ate accountin* an! au!itin*
(ules ;inclu!in* t#ose fo( t#e p(e"ention
an! !isallowance of i((e*ula(' unnecessa()'
+&2
Parre>o c. COA! @.=. 1+2224 1une /, 2##/
e@cessi"e' e@t(a"a*ant' o( unconscionale
e@pen!itu(es.?
'he SC held that the CJA has the power to
overrule the DPC 9Dational Power
Corporation: General Counsel on postEaudit
!easures relative to the deter!ination of
whether an e7penditure of a /overn!ent
a/enc" is irre/ular5 unnecessar"5 e7trava/ant
or unconscionable.
$t was held that CJA !a" stop the pa"!ent of
the price stipulated in /overn!ent contracts
when found to be irre/ular5 e7trava/ant or
unconscionable. 9Sa!beli v. Province of
$sabela5 1(C SC,A *C:
CJA Circular Do +8E>5 prohibitin/ the use of
/overn!ent vehicles b" officials who are
provided with transportation allowance was
held to be a valid e7ercise of its powers under
Section 15 Article $SED of the ConstitutionG and
the prohibition !a" be !ade to appl" to
officials of the DPC.
.% 'he CJA reduced the a!ount that was passed in
audit on the /round that the ori/inal a!ount was
Ae7cessive and disadvanta/eous to the
/overn!ent.B Does the Co!!ission have the
authorit" to do soR
A% Tes5 on the basis of its authorit" in Article $SED5
Section 19(:. 'his e7tends to the accounts of all
persons respectin/ funds or properties received or
held b" te! in an accountable capacit". 9Dincon/ v.
Co!!issioner Guin/ona5 ()**:
>22
.% ;a" CJA in the e7ercise of its auditin/ function5
disallow the pa"!ent of bac.wa/es to e!plo"ees
ille/all" dis!issed and sa" that the responsibilit"
belon/s to the official who dis!issed the! in bad
faithR
A% Do. CJA cannot sa" that the responsibilit"
belon/s to the official who !ade the ille/al dis!issal
when such official has not been heard. Besides5
pa"!ent of bac.wa/es is not an irre/ular5
unnecessar"5 e7cessive or e7trava/ant e7pense. 94"
et. al. v. CJA5 1CCC:
Powe( to "eto app(op(iations. 'here is now
a view to the effect that the critical function of
the Co!!ission on Audit under the reworded
provision of the Constitution authori0es it to
veto appropriations. 'his can be done5 so it is
ar/ued5 throu/h the power of the Co!!ission
to refuse to Ae7a!ine5 audit and settleB an"
account violatin/ its own re/ulations Afor the
prevention and disallowance of irre/ular5
unnecessar"5 e7cessive5 e7trava/ant or
unconscionable e7penditures or uses of
/overn!ent funds properties.B
>26
E. 4u(is!iction
+&&
+&4
Cru), Philippine Political "aw, p.&2$
(88
SCHOOL OF LAW
ARIS S. MANGUERA
Section 2. Do law shall be passed e7e!ptin/ an" entit" of the
Govern!ent or its subsidiaries in an" /uise whatever5 or an"
invest!ent of public funds5 fro! the 3urisdiction of the
Co!!ission on Audit.
Wate( Dist(icts Su+ect to t#e 4u(is!iction of
COA. 'he Court alread" ruled in several cases that
a water district is a /overn!entEowned and
controlled corporation with a special charter since it
is created pursuant to a special law5 PD ()*. 'he
CJA has the authorit" to investi/ate whether
directors5 officials or e!plo"ees of GJCC receivin/
additional allowances and bonuses are entitled to
such benefits under applicable laws. 'hus5 water
districts are sub3ect to the 3urisdiction of the CJA.
9De &esus v. CJA5 1CC2:
PAL 9Phil. Airlines: havin/ ceased to be a
/overn!entEowned or Fcontrolled corporation5 is
no lon/er under the audit 3urisdiction of the CJA.
9PAL v. CJA5 168 SC,A 2):
2JJ3 Ba( .uestion
.% 'he PDB was then one of the leadin/
/overn!ent Fowned ban.s and it was under the
audit 3urisdiction of the CJA. A few "ears a/o5 it
was privati0ed. hat is the effect if an"5 of the
privati0ation of PDB on the audit 3urisdiction of the
CJAR
A% $n accordance with the rulin/ in Pal v. CJA5
since PDB is no lon/er owned b" the /overn!ent
the CJA no lon/er has 3urisdiction to audit it as an
institution. 4nder Article $SED5 Section 191:5
GJCCs and their subsidiaries are sub3ect to audit
b" the CJA.
#owever5 in accordance with Section 19(:5 the CJA
can audit the PDB with respect to its accounts
because the /overn!ent still has e<uit" in it.
Au!it of P(i"ate Entities
-acts% Petitioners were endEusers of copra. PD
1+> i!posed a lev" on copra to be collected b" the
endEusers fro! the sellers of the copra. 'he fund
was to be used to subsidi0e the purchase of copra
to !aintain the stabilit" of the price. 'he CJA
audited the petitioners and found that there was a
deficienc" in their collection of the lev". Petitioners
ar/ued that the CJA had no authorit" to audit the!
as the" were not /overn!entEowned or controlled
corporation.
0el!% 'he ar/u!ent has no !erit. 4nder the
Constitution5 the CJA has the power to audit nonE
/overn!ental entities receivin/ subsid" fro! or
throu/h the /overn!ent. 9Blue Bar Coconut
Philippines v. 'antuico5 (>2 SC,A +(>:
>28
$n 8agatsing . Committee on Privati0ation5 the Court
interpretin/ C3A Circular 0o. )(BE(H that there is #ailure
+&%
1acinto 1imene), Political "aw Compendium, &$1 (2##+ ed.*
o# bidding when (a/ there is only one o##eror, or (b/ when
all the o##ers are nonBcomplying or unacceptable,
declared that the CJA circular does not spea. of
accepted bids5 but of offerors5 without distinction as to
whether the" are dis<ualified or <ualified. 'hus5 since in
the biddin/ of the 6CU bloc. of Petron shares5 there were
three offerors5 na!el" Saudi Ara!co5 Petronas and
est!ontNalthou/h the latter were dis<ualifiedNthen
there was no failure of biddin/.
-. Repo(t
Section 6. 'he Co!!ission shall sub!it to the President and
the Con/ress5 within the ti!e fi7ed b" law5 an annual report
coverin/ the financial condition and operation of the
Govern!ent5 its subdivisions5 a/encies5 and instru!entalities5
includin/ /overn!entEowned or controlled corporations5 and
nonE/overn!ental entities sub3ect to its audit5 and reco!!end
!easures necessar" to i!prove their effectiveness and
efficienc". $t shall sub!it such other reports as !a" be
re<uired b" law.
Pu(pose of Repo(t. 'hrou/h the report re<uired
b" this provision5 the President and the Con/ress
shall be infor!ed of the financial status of the
/overn!ent and the !anner in which revenues
have been collected5 appropriation laws have been
i!ple!ented5 and e7penditures or uses of public
funds and properties underta.en. $nfor!ation
contained in this report and the reco!!endations
!ade b" the Co!!ission on Audit will be useful in
enablin/ the /overn!ent to i!prove its financial
operations.
>2>
'he authorit" of the Co!!ission to reco!!end
!easure to i!prove the efficienc" and
effectiveness of the /overn!ent e!powers it Ato
conduct the soEcalled perfor!ance audit which
consist of the anal"tical and critical review5
assess!ent and evaluation of the activities5
!ana/e!ent and fiscal operations of the
Govern!ent in order to reduce operational costs
and losses and pro!ote /reater econo!" and
ad!inistrative efficienc" in public e7penditures.
'his is a !odern concept of auditin/ that /oes
be"ond the !ere e7a!ination of receipts and
e7penditures as it e7tends to the evaluation of the
application of funds5 to the anal"sis of e7penditures
as well as cost benefit studies.B
>2+
0. Re"iew of Co&&issionLs Decisions
'he review power of the SC over decision of the
Co!!ission is the sa!e as that over the
CJ;ELECE the li!itedEcertiorari power under ,ule
>8. 'he 3urisdiction of the SC over the Co!!ission
is on !one" !atters and not over decisions on
personnel !ove!ents. Deither is it the tas. of the
+&+
Cru), Philippine Political "aw, p.&&#
+&/
Cru), Philippine Political "aw, p.&&1 Fuoting 4onte5o, 'he :ew
Constitution, 2#2.
(8>
SCHOOL OF LAW
ARIS S. MANGUERA
SC to review a Co!!ission opinion on ta7
liabilit".
>2*
+&2
,ernas Commentar-, p 2& (2##& ed*.
(8+
SCHOOL OF LAW
ARIS S. MANGUERA
A(ticle I
LOCAL /OVERNMENT
I& .OCA. 6OVERNMEN,S 9Sections (5 (CE
(6:
II& .OCA. A@,ONOM0 9Section 1:
III& .OCA. 6OVERNMEN, CODE 9Section 2:
IV& 6ENERA. POWERS AND A,,RI)@,ES
9Section 85>5+:
V& M@NICIPA. .IA)I.I,0
VI& .OCA. O++ICIA.S 9Section *5):
VII& A@,ONOMO@S RE6IONS
VIII&IN,ER=6OVERNMEN,A. RE.A,IONS
I/& .OCA. INI,IA,IVE AND RE+EREND@M
/ENERAL PROVISIONS
I. Local /o"e(n&ents
.ocal 6overnment @nit
Buota%le Buotes on Nature of .ocal 6overnments
,erritorial an! Political Su%!ivisions
,he )aran#a'
,he Municipalit'
,he Cit'
,he Province
.ea#ues of .6@sAOfficials
Section 3. 'he territorial and political subdivisions of the
,epublic of the Philippines are the provinces5 cities5
!unicipalities5 and baran/a"s. 'here shall be autono!ous
re/ions in ;usli! ;indanao and the Cordilleras as hereinafter
provided.
A. W#at is a Local /o"e(n&ent $nit,
A local /overn!ent unit is a political su!i"ision
of t#e State which is constitute! %' la and
possessed of substantial control over its own
affairs. $n a unitar" s"ste! of /overn!ent5 it is an
intraEsoverei/n subdivision of one soverei/n
nation5 not intended to be an i!periu! in i!perio
He!pire within an e!pire:I. 9Alvare0 v. Guin/ona
G, ((*2C25 ())>:
hen the Drafters of the ()*+ Constitution
enunciated the polic" of ensurin/ the autono!" of
local /overn!ents5 it was never their intention to
create an i!periu! in i!perio and install an intraE
soverei/n political subdivision independent of a
sin/le soverei/n state. 9Batan/as CA'V v. Court of
Appeals5 G, Do. (2**(C5 1CC6:
.% hat is the present for! of local /overn!entR
A% 'he present for! consists of an e7ecutive distinct
fro! the le/islative bod".
>2)
B. .uotale .uotes on Natu(e of Local
/o"e(n&ents
'. AOu(s is still a unita() fo(& of *o"e(n&ent'
not a fe!e(al state. Bein/ so5 an" for! of
autono!" /ranted to local /overn!ents will
necessaril" be li!ited and confined within the e7tent
allowed b" the central authorit".B (7ina . +ano,
69 'E(G(4, G).4G.EGG'/
E. AA Local /o"e(n&ent $nit is a political
su!i"ision of t#e State which is constituted b"
law and possessed of substantial control over its
own affairs. ,e!ainin/ to be an intra soverei/n
subdivision of one soverei/n nation5 but not
intended5 however5 to be an i!periu! in i!perio5
the local /overn!ent unit is autono!ous in the
sense that it is /iven !ore powers5 authorit"5
responsibilities and resources. Power which used to
be hi/hl" centrali0ed in ;anila5 is thereb"
deconcentrated5 enablin/ especiall" the peripheral
local /overn!ent units to develop not onl" at their
own pace and discretion but also with their own
resources and assets.B (Alare= . 6uingona, 69
'')4G4, G'.4'.(H/
4. An L//$ is c(eate! ) law an! all its
powe(s an! (i*#ts a(e sou(ce! t#e(ef(o&. $t
has therefore no power to a!end or act be"ond the
authorit" /iven and the li!itations i!posed on it b"
law.B (+arana%ue . <M 9ealty Corp., 69
'E*)EG, G*.EG.()/
C. Enu&e(ate t#e Te((ito(ial an! Political
Su!i"isions in Section 3%
'he territorial and political subdivisions of the
,epublic of the Philippines are the=
(. Provinces
1. Cities
2. ;unicipalities
6. Baran/a"s
'here shall be autono!ous re/ions in ;usli!
;indanao and Cordilleras as provided in the
Constitution. 9Section(:
Si*nificance of Section 3. 'he constitutional
si/nificance of Section ( is that provinces5 cities
and !unicipalities and barangays have been fi7ed
as the standard territorial and political subdivisions
of the Philippines. T#is &anne( of su!i"i!in*
t#e P#ilippines cannot *o out of e@istence
e@cept ) a constitutional a&en!&ent.
>6C
.% EJ 11C dated &ul" (85 ()*+ creates the Cordillera
Ad!inistrative ,e/ion 9CA,: creatin/ a te!porar"
ad!inistrative a/enc" pendin/ the creation of Cordillera
Autono!ous ,e/ion. Does EJ 111 thereb" create a
territorial and political subdivisionR
+&$
+4#
(8*
SCHOOL OF LAW
ARIS S. MANGUERA
A% Do. hat is created is not a public corporation but an
e7ecutive a/enc" under the control of the national
/overn!ent. $t is !ore si!ilar to the re/ional
develop!ent councils which the President !a" create
under Article S5 Section (6. 9Cordillera Board Coalition v.
CJA5 ())C:
D. Municipal Co(po(ations
3. Municipal Co(po(ation
A bod" politic and corporate constitute! %' the
incorporation of the inhabitants for the purpose of
local /overn!ent.
>6(
2. Ele&ents of a Municipal Co(po(ation
:A2
(. Le*al c(eation o( inco(po(ationE the law
creatin/ or authori0in/ the creation or
incorporation of a !unicipal corporation.
1. Co(po(ate na&eE 'he na!e b" which the
corporation shall be .nown.
'he San//unian/ Panlalawi/an !a"5 in
consultation with the Philippine #istorical
$nstitute5 chan/e the na!e of the co!ponent
cities and !unicipalities5 upon the
reco!!endation of the san//unian concernedG
provided that the sa!e shall be effective onl"
upon the ratification in a plebiscite conducted
for the purpose in the political unit directl"
affected. 9,A +(>C5 Section (2:
2. In#aitantsE 'he people residin/ in the
territor" of the corporation.
6. Te((ito()H 'he land !ass where the
inhabitants reside5 to/ether with the internal
and e7ternal waters5 and the air space above
the land waters.
G. Dual Natu(e an! -unctions
Ever" local /overn!ent unit created or or/ani0ed
9under the Local Govern!ent Code: is a bod"
politic and corporate endowed with powers to be
e7ercised b" it in confor!it" with law. As such5 it
shall e7ercise powers as a political subdivision of
the Dational Govern!ent and as a corporate entit"
representin/ the inhabitants of its territor". 9,A
+(>C5 Section (8: Accordin/l" it has dual functions
na!el"=
1. Pulic o( *o"e(n&entalH $t acts as an
a/ent of the State for the /overn!ent of
the territor" and the inhabitants.
2. P(i"ate o( p(op(ieta()E $t acts as an
a/ent of the co!!unit" in the
ad!inistration of local affairs. As such5 it
acts as a separate entit"5 for its own
purposes5 and not as a subdivision of the
State 9Bara Lidasan v. Co!elec5 1( SC,A
6)>:
E. C(eation1 Dissolution of Municipal Co(po(ations
+41
Antonio :achura, ;utline on Political "aw, %%& (2##+*
+42
Antonio :achura, ;utline on Political "aw, %%& (2##+*
3. Aut#o(it) to C(eate
A local /overn!ent unit !a" be created5 divided5
!er/ed5 abolished5 or its boundaries substantiall"
altered either b" law enacted b" Con/ress in the
case of a province5 cit"5 !unicipalit" or an" other
political subdivision5 or b" ordinance passed b" the
san//unian/ panlalawi/an or sa//unian/
panlun/sod concerned in the case of a baran/a"
located within its territorial 3urisdiction5 sub3ect to
such li!itations and re<uire!ents prescribed in the
Local Govern!ent Code 9,A +(>C5 Section >:
2. ReMuisites1Li&itations on C(eation o(
Con"e(sion
Article /- Section :H" Do province5 cit"5
!unicipalit" or an" baran/a" !a" be created5
divided5 !er/ed5 abolished5 or is its boundar"
substantiall" altered5 e7cept in accordance with the
criteria established in the local /overn!ent code
and sub3ect to approval b" a !a3orit" of the votes
cast in a PLEBISCITE in the political units directl"
affected.
RA I:GH- Section :H" Do creation5 division or
!er/er5 abolition or substantial alteration of
boundaries of local /overn!ent units shall ta.e
effect unless approved b" a !a3orit" of the votes
cast in a plebiscite called for the purpose in the
political unit or units directl" affected. Said
plebiscite shall be conducted b" the Co!elec
within (1C da"s fro! the date of effectivit" of the
law or ordinance effectin/ such action5 unless said
law or ordinance fi7es another date.
$t was held that a plebiscite for creatin/ a new
province should include the participation of the
residents of the !other province in order to confor!
to the constitutional re<uire!ent. 9'an v. Co!elec5
(61 SC,A +1+G Padilla v. Co!elec5 1(6 SC,A +28:
$n other words5 all political units affected should
participate in the plebiscite. $f what is involved is a
baran/a"5 the plebiscite should be !unicipalit" or
cit"EwideG if a !unicipalit" or co!ponent cit"5
province wide. $f a portion of province is to be carved
out and !ade into another province5 the plebiscite
should include the !other province. 9'an v.
CJ;ELEC5 ()*>:
RA 83:J' Section 8% Based on verifiable indicators
of viabilit" and pro3ected capacit" to provide
services5 to wit=
(. Inco&eH $nco!e !ust be sufficient5 based on
acceptable standards5 to provide for all
essential /overn!ent facilities and services
and special functions co!!ensurate with the
si0e of population5 as e7pected of the local
/overn!ent unit concerned. Avera/e annual
inco!e for the last two consecutive "ears
based on ())( constant prices should be at
least=
Municipalit'" 1.8 ;
Cit'" (CC; 9Tear 1CCC constant prices5
a!ended b" ,A )CC):
Hi#hl' ur%ani1e! cit'" 8C;
Province" 1C;
(8)
SCHOOL OF LAW
ARIS S. MANGUERA
$t was held that the $nternal ,evenue
Allot!ents 9$,As: should be included in the
co!putation of the avera/e annual inco!e of
the !unicipalit" 9for purposes of deter!inin/
whether the !unicipalit" !a" be validl"
converted into a cit":5 but under ,A )CC)5 it is
specificall" provided that for conversion to
cities5 the !unicipalit"@s inco!e should not
include the $,A. 9Alvare0 v. Guin/ona5 181
SC,A >)8:
1. PopulationH it shall be deter!ined as the total
nu!ber of inhabitants within the territorial
3urisdiction of the local /overn!ent unit
concerned.
2. Lan! A(eaE $t !ust be conti/uous5 unless it
co!prises two or !ore islands or is separated
b" a local /overn!ent unit independent of the
othersG properl" identified b" !etes and
bounds with technical descriptions and
sufficient to provide for such basic services
and facilities to !eet the re<uire!ents of its
populace.
Inco&e Population Lan! A(ea
Baran/a" 15CCC inhabitants
9e7cept in ;etro
;anila and other
!etropolitan
political
subdivisions or
in hi/hl"
urbani0ed cities
where the
re<uire!ent is
85CCC
inhabitants:
;unicipalit
"
1.8; 185CCC 8Cs<.!
Cit" (CC; (8C5CCC (CCs<.!
#i/hl"
4rbani0ed
Cit"
8C; 1CC5CCC
Province 1C; 18C5CCC 15CCCs<
h.!
Co!pliance with the fore/oin/ indicators shall be
attested to b" the Depart!ent of -inance5 the DSJ
and the Lands ;ana/e!ent Bureau of the DED,.
'he SC said that the re<uire!ent that the territor"
of newl"Ecreated local /overn!ent units be
identified b" !etes and bounds is intended to
provide the !eans b" which the area of the local
/overn!ent unit !a" be reasonabl" ascertained5
i.e.5 as a toll in the establish!ent of the local
/overn!ent unit. As lon/ as the territorial
3urisdiction of the newl" created cit" !a" be
reasonabl" ascertainedNb" referrin/ to co!!on
boundaries with nei/hborin/ !unicipalitiesNthen
the le/islative intent has been sufficientl" served.
9;ariano v. Co!elec5 161 SC,A 1((:
HDote= ,A +*865 which converted ;a.ati into a cit"5
did not define the boundaries of the new cit" b"
!etes and bounds5 because of a territorial dispute
between ;a.ati and 'a/ui/5 which was best left for
the courts to decideI
G. Be*innin* of Co(po(ate E@istence
4pon the election and <ualification of its chief
e7ecutive and a !a3orit" of the !e!bers of its
san//unian5 unless so!e other ti!e is fi7ed
therefor b" the law or ordinance creatin/ it. 9,A
+(>C5 Section (6:
A. Di"ision an! Me(*e(K Aolition of L/$s
Di"ision an! &e(*e( shall co!pl" with sa!e
re<uire!ents5 provided that such division shall not
reduce the inco!e5 population or land area of the
local /overn!ent unit or units concerned to less
than the !ini!u! re<uire!ents prescribedG
provided further that the inco!e classification of
the ori/inal local /overn!ent unit or units shall not
fall below its current inco!e classification prior to
the division. 9,A +(>C5 Section *:
Aolition. A local /overn!ent unit !a" be
abolished when its inco!e5 population or land area
has been irreversibl" reduced to less than the
!ini!u! standards prescribed for its creation5 as
certified b" the national a/encies !entioned. 'he
law or ordinance abolishin/ a local /overn!ent unit
shall specif" the province5 cit"5 !unicipalit" or
baran/a" with which the local /overn!ent unit
sou/ht to be abolished will be incorporated or
!er/ed. 9,A +(>C5 Section ):
B. De -acto Municipal Co(po(ations
ReMuisites%
(. Valid law authori0in/ incorporation
1. Atte!pt in /ood faith to or/ani0e under it
2. Colorable co!pliance with the law.
6. Assu!ption of corporate powers
'he SC declared as unconstitutional Section >* of the
,evised Ad!inistrative Code which authori0ed the
President to create !unicipalities throu/h E7ecutive
Jrder. ith this declaration5 !unicipalities created b"
E7ecutive Jrder could not clai! to be de #acto !unicipal
corporations because there was no valid law authori0in/
incorporation. 9Pelae0 v. Auditor General5 (8 SC,A 8>):
:. Attac9 A*ainst In"ali!it) of Inco(po(ation
Do collateral attac. shall lieG and in<uir" into the
le/al e7istence of a !unicipal corporation is
reserved to the State in a proceedin/ for <uo
warranto or other direct proceedin/. 9;alaban/ v.
Benito5 1+ SC,A 822: But this rule applies onl"
when the !unicipal corporation is at least a de
facto !unicipal corporation.
#owever5 where the challen/e was !ade nearl" 2C
"ears after the e7ecutive orderG creatin/ the
!unicipalit" was issued5 or where the !unicipalit"
has been in e7istence for all of (> "ears before the
rulin/ in +elae= . Auditor 6eneral was pro!ul/ated
and various /overn!ental acts throu/hout the "ears
indicate the State@s reco/nition and ac.nowled/!ent
of the e7istence of the !unicipal corporation5 the
!unicipal corporation should be considered as a
re/ular de ?ure !unicipalit".
(>C
SCHOOL OF LAW
ARIS S. MANGUERA
2JJA Ba( .uestion%
.%;ADAMJ is a !unicipalit" co!posed of *C
baran/a"s5 2C west of ;ada.o ,iver and 8C east
thereof. 'he 2C western baran/a"s5 feelin/ left out
of econo!ic initiatives5 wish to constitute
the!selves into a new and separate town to be
called ;asi/la. A law is passed creatin/ ;asi/la
and a plebiscite is !ade in favor of the law. B.
Suppose that one "ear after ;asi/la was
constituted as a !unicipalit"5 the law creatin/ it is
voided because of defects. ould that invalidate
the acts of the !unicipalit" and%or its !unicipal
officersR E7plain briefl".
Su**este! Answe(= Althou/h the !unicipalit"
cannot be considered as a de facto corporation5
because there is no valid law under which it was
created5 the acts of the !unicipalit" and of its
officers will not be invalidated5 because the
e7istence of the law creatin/ it is an operative fact
before it was declared unconstitutional. #ence5 the
previous acts of the !unicipalit" and its officers
should be /iven effect as a !atter of fairness and
3ustice. 9;unicipalit" of;alaban/ v. Benito5 1+
SC,A 822 H()>)I
-. T#e Ba(an*a)
As the basic political unit5 the baran/a" serves as
the pri!ar" plannin/ and i!ple!entin/ unit of
/overn!ental policies5 plans5 pro/ra!s5 pro3ects
and activities in the co!!unit"5 as a foru! wherein
the collective views of the people !a" be
e7pressed 5 cr"stalli0ed and considered5 and where
disputes !a" be a!icabl" settled. 9,A +(>C5
Section 2*6:
/. T#e Municipalit)
'he !unicipalit"5 consistin/ of a /roup of barana"s5
serves pri!aril" as a /eneral purpose /overn!ent
for the coordination of and deliver" of basic5 re/ular
and direct services and effective /overnance of the
inhabitants within its 3urisdiction. 9,A +(>C5 Section
66C:
,A +(>C Sections 66CE66+
0. T#e Cit)
'he cit"5 co!posed of !ore urbani0ed and
developed baran/a"s5 serves as a /eneralE
purpose /overn!ent for the coordination and
deliver" of basic5 re/ular and direct services and
effective /overnance of the inhabitants within its
territorial 3urisdiction. 9,A +(>C5 Section 66*:
,A +(>C Sections 66*E18*
Section 32. Cities that are hi/hl" urbani0ed5 as
deter!ined b" law5 and co!ponent cities whose
charters prohibit their voters fro! votin/ for
provincial elective officials5 shall be independent
of the province. 'he voters of co!ponent cities
within a province5 whose charters contain no
such prohibition5 shall not be deprived of their
ri/ht to vote for elective provincial officials.
.% ;a" a resident of Aco!ponent cities whose charter
prohibit their voters fro! votin/ for provincial elective
officialsB run for a provincial elective officeR
A% Do. Section (1 sa"s5 these are independent of the
province. 'his independence includes the incapacit" of its
residents to run for provincial office. 9Abella v. CJ;ELEC5
())(:
I. T#e P(o"ince
'he province co!posed of a cluster of
!unicipalities and co!ponent cities5 and as a
political and corporate unit of /overn!ent5 serves
as a d"na!ic !echanis! for develop!ental
processes and effective /overnance of local
/overn!ent units within its territorial 3urisdiction.
9,A +(>C5 Section 68):
9See ,A +(>C Sections 68)E6>*:
4. Autono&ous (e*ions in Musli& Min!anao an! in
Co(!ille(as
9'his will be discussed under Section (8:
9As o# this writing, only one autonomous region,
that o# the Muslim Mindanao, has been
established./
5. Special Met(opolitan Political Su!i"isions
Section 33. 'he Con/ress !a"5 b" law5 create special
!etropolitan political subdivisions5 sub3ect to a plebiscite as
set forth in Section (C hereof. 'he co!ponent cities and
!unicipalities shall retain their basic autono!" and shall be
entitled to their own local e7ecutive and le/islative asse!blies.
'he 3urisdiction of the !etropolitan authorit" that will thereb"
be created shall be li!ited to basic services re<uirin/
coordination.
Pursuant to Article S5 Section ((5 Con/ress !a"5
b" law5 create special !etropolitan political
subdivisions sub3ect to a plebiscite set forth in
Section 1C5 but the co!ponent cities and
!unicipalities shall retain their basic autono!" and
shall be entitled to their own local e7ecutives and
le/islative asse!blies. 'he 3urisdiction of the
!etropolitan authorit" that will thereb" created shall
be li!ited to basic services re<uirin/ coordination.
NOTE% As earlier decided in the Belair case5 the
;;DA is NOT the !etropolitan political unit
conte!plated in Section ((. ,ather it is an
ad!inistrative a/enc" of the /overn!ent and as
such it does not possess police power. $t !a"
e7rcise onl" such powers as are /iven to it b" law.
#ence5 where there is a traffic law or re/ulation
validl" enacted b" the le/islature or those a/encies
to who! le/islative powers have been dele/ated
9the Cit" of ;anila in this case: e!powerin/ it to
confiscate suspend licenses of errin/ drivers5 it
(>(
SCHOOL OF LAW
ARIS S. MANGUERA
!a" do perfor! such acts. ithout such law5
however5 the ;;DA has no power.
>62
L. Lea*ues of L/$s1Officials
9See ,A +(>C Sections 6)(E6)8G 6)>E6)*:
Section 3G. Local /overn!ent units !a" /roup the!selves5
consolidate or coordinate their efforts5 services5 and resources
for purposes co!!onl" beneficial to the! in accordance with
law.
.% Does the /roupin/ conte!plated in Section (2
create a new 3uridical entit"R
A% Do.
>66
.% ;a" local /overn!ent units create these /roupin/s
even without prior enablin/ lawR
A% Tes.
Li*a n* &*a Ba(an*a)H Jr/ani0ation of all
baran/a" for the pri!ar" purpose of deter!inin/
the representation of the Li/a in the san//unians5
and for ventilatin/5 articulatin/ and cr"stalli0in/
issues affectin/ baran/a" /overn!ent
ad!inistration and securin/5 throu/h proper and
le/al !eans5 solutions thereto.
2JJG Ba( .uestion
.% Can the Li/a n/ !/a Baran/a" e7ercise
le/islative powersR
S4GGES'ED ADSE,= 'he Li/a n/ ;/a
Baran/a" cannot e7ercise le/islative powers. As
stated in BitoEJnon v. -ernande0. 28C SC,A +21
H1CC(I5 it is not a local /overn!ent unit and its
pri!ar" purpose is to deter!ine representation of
the !/a in the san//uniansG to ventilate5 articulate5
and cr"stalli0e issues affectin/ baran/a"
/overn!ent ad!inistrationG and to secure solutions
for the! throu/h proper and le/al !eans.
Lea*ue of Municipalities. Jr/ani0ed for the
pri!ar" purpose of ventilatin/5 articulatin/ and
cr"stalli0in/ issues affectin/ !unicipal /overn!ent
ad!inistration5 and securin/5 throu/h proper and
le/al !eans5 solutions thereto.
M. Re*ional De"elop&ent Councils
Section 3A. 'he President shall provide for re/ional
develop!ent councils or other si!ilar bodies co!posed of
local /overn!ent officials5 re/ional heads of depart!ents and
other /overn!ent offices5 and representatives fro! nonE
/overn!ental or/ani0ations within the re/ions for purposes of
ad!inistrative decentrali0ation to stren/then the autono!" of
the units therein and to accelerate the econo!ic and social
/rowth and develop!ent of the units in the re/ion.
Pu(pose. 'he purpose of this provision is to foster
ad!inistrative decentrali0ation as a co!ple!ent to
+4&
MM9A v. Garin! @.=. :o. 1&#2&#, April 1%, 2##%.
+44
,ernas Primer at 4&2 (2##+ ed.*
political decentrali0ation. 'his is !eant to allow
botto!EtoEtop plannin/ rather than the reverse.
>68
Powe( to C(eate RDCs. $t will be noted that the
power to for! these develop!ent councils is /iven
to the President. #e does not need authori0ation
fro! Con/ress.
>6>
II. Local Autono&)
Section 2. 'he territorial and political subdivisions shall en3o"
local autono!".
A. Constitutional P(o"isions
A(ticle II' Section 2B% 'he State shall ensure the
autono!" of local /overn!ents.
A(ticle I' Section 2% 'he territorial and political
subdivisions shall en3o" local autono!".
3See also Sections 9-F-G- I an! :H of Article /4
B. Si*nificance of Decla(ation of Local Autono&)
$t is !eant to free local /overn!ents fro! the wellE
ni/h absolute control b" the le/islature which
characteri0ed local /overn!ent under the ()28
Constitution. 'hus5 althou/h a distinction is !ade
between local /overn!ents in /eneral and
autono!ous re/ions5 even those outside the
autono!ous re/ions are supposed to en3o"
autono!".
>6+
D. Rules on Local Autono&)
A$n resu![5 the Court is la"in/ down the followin/
rules=
(. Local autono!"5 under the Constitution5
involves a !ere decentrali0ation of
ad!inistration5 not of power5 in which local
officials re!ain accountable to the central
/overn!ent in the !anner the law !a"
provideG
1. 'he new Constitution does not prescribe
federalis!G
2. 'he chan/e in constitutional lan/ua/e 9with
respect to the supervision clause: was !eant
but to den" le/islative control over local
/overn!entsG it did not e7e!pt the latter fro!
le/islative re/ulations provided re/ulation is
consistent with the funda!ental pre!ise of
autono!"G
6. Since local /overn!ents re!ain accountable
to the national authorit"5 the latter !a"5 b" law5
and in the !anner set forth therein5 i!pose
disciplinar" action a/ainst local officialsG
8. <Supe("ision< an! <in"esti*ation< a(e not
inconsistent te(&sK <in"esti*ation< !oes
+4%
,ernas Commentar-, p 1#$2 (2##& ed*.
+4+
,ernas Commentar-, p 1#$2 (2##& ed*.
+4/
(>1
SCHOOL OF LAW
ARIS S. MANGUERA
not si*nif) <cont(ol< 9which the President
does not have:G 777B (6an=on . CA, 69
(4E5E, G).G5.('/
E. Meanin* of Local Autono&)
XLocal autono&)' un!e( t#e Constitution'
in"ol"es a &e(e DECEN,RA.IJA,ION O+
ADMINIS,RA,ION ' not of powe( .... 9Gan0on v.
CA5 ())(:
Nac#u(a an! A*(a Notes% 'he principle of local
autono!" under the ()*+ Constitution si!pl" !eans
!ecent(aliFation. 9Basco v. Pa/cor5 ()+ SC,A
81:
>6*
9Lina v. Pano5 1CC(:
)ernas" 7ocal autonomy means more than ?ust
decentrali=ation. 8ut the concept o# autonomy is
relatie. Autonomy #or local goernments in general
will be less than #or the autonomous regions.
HF(
#owever5 even as we reco/ni0e that the
Constitution /uarantees autono!" to local
/overn!ent units5 the e7ercise of local autono!"
re!ains sub3ect to the power of control b"
Con/ress5 and the power of /eneral supervision b"
the President. 9&ud/e Dadole v. CJA5 1CC1:
.% hat is the !eanin/ of local autono!" as it has
e!er/ed in recent decisionsR
A% $t !eans that local /overn!ents have certain
powers /iven b" the Constitution which !a" not be
curtailed b" the national /overn!ent5 but that5
outside of these5 local /overn!ents !a" not pass
ordinances contrar" to statute. 9;a/ta3as v. Pr"ce
Properties5 126 SC,A 188 9())6::.
>8C
.% Do local /overn!ents have the power to /rant
franchise to operate CA'V s"ste!.
A% Do. 9Batan/as CA'V v. CA5 1CC6:
.% 'he law sa"s that the bud/et officer shall be
appointed b" the Depart!ent head upon the
reco!!endation of the head of local /overn!ent
sub3ect to civil service rules and re/ulations. $f none
of those reco!!ended b" the local /overn!ent
head !eets the re<uire!ents of law5 !a" the
Depart!ent head appoint an"one he choosesR
A% Do5 he !ust return the reco!!endations of the
local /overn!ent head e7plainin/ wh" the
reco!!endees are not <ualified and as. for a new
reco!!endation. $n other words5 the
reco!!endation of the local /overn!ent head is a
condition sine %ua non of the Depart!ent@s
appointin/ authorit". 'his is the onl" wa" local
autono!" can be /iven b" reco/nition the
Constitution wants it to have. hen in doubt5 favor
autono!". 9San &uan v. CSC5 ())(:
.% ;a" CJA reduce the allowance /iven to 3ud/es
b" local /overn!entsR
+42
Antonio :achura, ;utline on Political "aw, %%1 (2##+*
+4$
,ernas Commentar-, p 1#// (2##& ed*.
+%#
A% Do. Since the Local Govern!ent Code authori0es
local /overn!ents to /ive allowance to 3ud/es and
decide how !uch this should be5 local autono!"
prohibits the Co!!ission on Audit fro! interferin/
with the authorit" of the local a /overn!ent b"
reducin/ what has been decided b" the local
/overn!ent. 9Dadole v. CJA5 1CC1G Le"nes v. CJA5
1CC2:
-. Re*ional Autono&)
Re*ional autono&) is t#e !e*(ee of selfH
!ete(&ination e@e(cise! ) t#e local
*o"e(n&ent unit "isHRH"is t#e cent(al
*o"e(n&ent. (:isomangcop . Secretary o# +ublic
,orks and &ighways, 69 'F()F), ''.E5.EGGF/
ARe*ional autono&) (efe(s to t#e *(antin* of
asic inte(nal *o"e(n&ent powe(s to t#e people
of a pa(ticula( a(ea o( (e*ion wit# least cont(ol
an! supe("ision f(o& t#e cent(al *o"e(n&ent.
'he ob3ective of the autono!" s"ste! is to per!it
deter!ined /roups5 with a co!!on tradition and
shared socialEcultural characteristics5 to develop
freel" their wa"s of life and herita/e5 e7ercise their
ri/hts5 and be in char/e of their own business.B
(:isomangcop . Secretary o# +ublic ,orks and
&ighways, 69 'F()F), ''.E5.EGGF/
Re*ional autono&) is also a &eans towa(!s
sol"in* e@istin* se(ious peace an! o(!e(
p(ole&s an! secessionist &o"e&ents.
Parentheticall"5 autono!"5 decentrali0ation and
re/ionali0ation5 in international law5 have beco!e
politicall" acceptable answers to intractable
proble!s of nationalis!5 separatis!5 ethnic conflict
and threat of secession. #owever5 the creation of
autono!ous re/ions does not si/nif" the
establish!ent of a soverei/nt" distinct fro! that of
the ,epublic5 as it can be installed onl" Lwithin the
fra!ewor. of this Constitution and the national
soverei/nt" as well as territorial inte/rit" of the
,epublic of the Philippines. (:isomangcop .
Secretary o# +ublic ,orks and &ighways, 69
'F()F), ''.E5.EGGF/
/. -iscal Autono&)
ALocal autono&) inclu!es ot# a!&inist(ati"e
an! fiscal autono&). 777 'he Court declared
therein that local fiscal autono!" includes the
power of the LG4s to5 inter alia5 allocate their
resources in accordance with their own priorities.
777 -urther5 a basic feature of local fiscal autono!"
is the constitutionall" !andated auto!atic release
of the shares of LG4s in the national internal
revenue.B (+roince o# 8atangas . 9omulo, 69
'5E**F, G5.E*.EGGF/
A4nder e7istin/ law5 local /overn!ent units5 in
addition to havin/ ad!inistrative autono!" in the
e7ercise of their functions5 en3o" fiscal autono!"
(>2
SCHOOL OF LAW
ARIS S. MANGUERA
as well. -iscal autono&) &eans t#at local
*o"e(n&ents #a"e t#e powe( to c(eate t#ei(
own sou(ces of (e"enue in a!!ition to t#ei(
eMuitale s#a(e in t#e national ta@es (elease!
) t#e national *o"e(n&ent' as well as t#e
powe( to allocate t#ei( (esou(ces in acco(!ance
wit# t#ei( own p(io(ities. $t e7tends to the
preparation of their bud/ets5 and local officials in turnE
have to wor. within the constraints thereof. 'he" are not
for!ulated at the national level and i!posed on local
/overn!ents5 whether the" are relevant to local needs
and resources or not. #ence5 the necessit" of a balancin/
of viewpoints and the har!oni0ation of proposals fro!
both local and national officials5 who in an" case are
partners in the attain!ent of national /oals. Local fiscal
autono!" does not however rule out an" !anner of
national /overn!ent intervention b" wa" of supervision5
in order to ensure that local pro/ra!s5 fiscal and
otherwise5 are consistent with national /oals.
Si/nificantl"5 the President5 b" constitutional fiat5 is the
head of the econo!ic and plannin/ a/enc" of the
/overn!ent5 pri!aril" responsible for for!ulatin/ and
i!ple!entin/ continuin/5 coordinated and inte/rated
social and econo!ic policies5 plans and pro/ra!s for the
entire countr". #owever5 under the Constitution5 the
for!ulation and the i!ple!entation of such policies and
pro/ra!s are sub3ect to Lconsultations with the
appropriate public a/encies5 various private sectors5 and
local /overn!ent units. 'he President cannot do so
unilaterall".B (+imentel . Aguirre, 69 '4E()),
G*.'(.EGGG/
A777 the li&ite! an! (est(icti"e natu(e of t#e ta@
e@e&ption p(i"ile*es un!e( t#e Local
/o"e(n&ent Co!e is consistent wit# t#e State
polic) to ensu(e autono&) of local
*o"e(n&ents and the ob3ective of the Local
Govern!ent Code to /rant /enuine and
!eanin/ful autono!" to enable local /overn!ent
units to attain their fullest develop!ent as selfE
reliant co!!unities and !a.e the! effective
partners in the attain!ent of national /oals. 'he
obvious intention of the law is to broaden the ta7
base of local /overn!ent units to assure the! of
substantial sources of revenue.B (+&I791CA .
:I76, 69 'F4G*H, GH.'G.EGG4/
Aith the added burden of devolution5 it is even
!ore i!perative for *o"e(n&ent entities to s#a(e
in t#e (eMui(e&ents of !e"elop&ent5 fiscal or
otherwise5 b" pa"in/ ta7es or other char/es due
fro! the!.B (0A+3C39 . Cabanatuan City, 69
'F(''G, GF.G(.EGG4/
A 777 in ta7in/ /overn!entEowned or controlled
corporations5 the State ulti&atel) suffe(s no
loss.B (+hilippine +orts Authority . Iloilo City, 69
'G(*(', G*.'F.EGG4/
A'he i!portant le/al effect of Section 8 9of Article S
of the ()*+ Constitution: is that henceforth5 in
inte(p(etin* statuto() p(o"isions on &unicipal
fiscal powe(s5 doubts will have to be resolved in
favor of !unicipal corporations.B (San +ablo City .
9eyes, 69 'E**G), G4.E5.((/
ACORD ". Oa&o(a 9G, (6618>5 C>.C*.1CC8:
Constitution provi!es for automatic release of
IRA.
'he General Appropriation Act of 1CCC cannot
place a portion of the $nternal ,evenue
Allot!ent 9P(CB: in an 4npro/ra!!ed -und
onl" to be released when a condition is !et i.e.
the ori/inal revenue tar/ets are reali0ed5 since
this would violate the auto!atic release
provision under Section 85 Article S of the
Constitution. As the Constitution la"s upon the
e7ecutive the dut" to auto!aticall" release the
3ust share of local /overn!ents in the national
ta7es5 so it en3oins the le/islature not to pass
laws that !i/ht prevent the e7ecutive fro!
perfor!in/ this dut". Both the e7ecutive and
le/islative are barred fro! withholdin/ the
release of the $,A. $f the fra!ers of the
Constitution intended to allow the enact!ent of
statutes !a.in/ the release of $,A conditional
instead of auto!atic5 then Article S5 Section >
of the Constitution would have been worded
differentl". Con/ress has control onl" over the
share which !ust be 3ust5 not over the !anner
b" which the share !ust be released which
!ust be auto!atic since the phrase Aas
deter!ined b" lawB <ualified the share5 not the
release thereof.
P(o"ince of Batan*as ". Ro&ulo 9G, (81++65
C8.1+.1CC6:
6AA cannot amen! .6C& Constitution provi!es
for automatic release of IRA&
'he General Appropriation Acts of ()))5 1CCC
and 1CC( and resolutions of the Jversi/ht
Co!!ittee cannot a!end the ())( Local
Govern!ent Code insofar as the" provide for
the local /overn!ents@ share in the $nternal
,evenue Allot!ents as well as the ti!e and
!anner of distribution of said share. A national
bud/et cannot a!end a substantive law5 in this
case the Code. 'he provisions in the GAA
creatin/ the Local Govern!ent Special
E<uali0ation -und and authori0in/ the nonE
release of the 6CU to all local /overn!ents are
inappropriate provisions. -urther5 the
restrictions are violative of fiscal autono!".
-iscal autono!" !eans that local /overn!ents
have the power to create their own sources of
revenue in addition to their e<uitable share in
the national ta7es released b" the national
/overn!ent5 as well as the power to allocate
their resources in accordance with their own
priorities. $t e7tends to the preparation of their
bud/ets5 and local officials in turn have to wor.
within the constraints thereof. 'he" are not
for!ulated at the national level and i!posed on
local /overn!ents5 whether the" are relevant to
local needs and resources or not. -urther5 a
basic feature of local fiscal autono!" is the
constitutionall" !andated auto!atic release of
the shares of local /overn!ents in the national
internal revenue.
(>6
SCHOOL OF LAW
ARIS S. MANGUERA
Ci"il Se("ice Co&&ission ". Depa(t&ent of
Bu!*et an! Mana*e&ent 9G, (8*+)(5
C+.11.1CC8:
KNo Report- No Release7 polic' violates fiscal
autonom'&
A Ano report5 no releaseB polic" !a" not be
validl" enforced a/ainst offices vested with
fiscal autono!". Such polic" cannot be
enforced a/ainst offices possessin/ fiscal
autono!" such as Constitutional Co!!issions
and local /overn!ents. 'he auto!atic release
provision found in the Constitution !eans that
these local /overn!ents cannot be re<uired to
perfor! an" act to receive the A3ust shareB
accruin/ to the! fro! the national coffers.
Pi&entel ". A*ui((e 9G, (21)**5 C+.().1CCC:
E$ecutive ithhol!in# of :HL of the Internal
Revenue Allotment ithout compl'in# ith
re2uirements set forth in Section ;>9 .6C
violate! local autonom' an! fiscal autonom' of
local #overnmentsD Withhol!in# amounte! to
e$ecutive control
A4nder e7istin/ law5 local /overn!ent units5 in
addition to havin/ ad!inistrative autono!" in
the e7ercise of their functions5 en3o" fiscal
autono!" as wellB and that Afiscal autono!"
!eans that local /overn!ents have the power
to create their own sources of revenue in
addition to their e<uitable share in the national
ta7es released b" the national /overn!ent5 as
well as the power to allocate their resources in
accordance with their own prioritiesB.
Da!ole ". Co&&ission on Au!it 9G, (1828C5
(1.C2.1CC1:
D)M cannot impose a limitation hen the la
imposes none&
DB; Local Bud/et Circular Do. 88 which
provides a li!it to allowance that !a" be /iven
b" local /overn!ents to 3ud/es is null and void
since the ())( Local Govern!ent does not
prescribe a li!it. B" virtue of his% her power of
supervision5 the President can onl" interfere in
the affairs and activities of a local /overn!ent
unit if it has acted contrar" to law.
Le)nes ". COA 9G, (628)>5 (1.((.1CC2:
D)M cannot nullif' a statutor' poer&
A Dational Co!pensation Circular b" the
Depart!ent of Bud/et and ;ana/e!ent cannot
nullif" the authorit" of !unicipalities to /rant
allowances to 3ud/es authori0ed in the ())(
Local Govern!ent Code. 'he Circular prohibits
the pa"!ent of representation and
transportation allowances fro! !ore than one
source F fro! national and local /overn!ents.
/. SelfHDete(&ination
ASelfEdeter!ination refers to the need for a political
structure that will respect the autono!ous peoplesY
uni<ueness and /rant the! sufficient roo! for selfE
e7pression and selfEconstruction. (:isomangcop .
Secretary o# +ublic ,orks and &ighways, 69
'F()F), ''.E5.EGGF/
0. Decent(aliFation
A necessa() p(e(eMuisite of autono&) is
!ecent(aliFation. Decentrali0ation is a decision b"
the central /overn!ent authori0in/ its
subordinates5 whether /eo/raphicall" or
functionall" defined5 to e7ercise authorit" in certain
areas. $t involves decisionE!a.in/ b" subnational
units. $t is t"picall" a dele/ated power5 wherein a
lar/er /overn!ent chooses to dele/ate certain
authorit" to !ore local /overn!ents. -ederalis!
i!plies so!e !easure of decentrali0ation5 but
unitar" s"ste!s !a" also decentrali0e.
Decentrali0ation differs intrinsicall" fro! federalis!
in that the subEunits that have been authori0ed to
act 9b" dele/ation: do not possess an" clai! of
ri/ht a/ainst the central /overn!ent.
Decentrali0ation co!es in two for!s N
deconcentration and devolution.
Deconcent(ation is ad!inistrative in natureG it
involves the transfer of functions or the dele/ation
of authorit" and responsibilit" fro! the national
office to the re/ional and local offices. 'his !ode of
decentrali0ation is also referred to as ad!inistrative
decentrali0ation.
De"olution5 on the other hand5 connotes political
decentrali0ation5 or the transfer of powers5
responsibilities5 and resources for the perfor!ance
of certain functions fro! the central /overn!ent to
local /overn!ent units. 'his is a !ore liberal for!
of decentrali0ation since there is an actual transfer
of powers and responsibilities. $t ai!s to /rant
/reater autono!" to local /overn!ent units in
co/ni0ance of their ri/ht to selfE/overn!ent5 to
!a.e the! selfEreliant5 and to i!prove their
ad!inistrative and technical capabilities.B
(:isomangcop . Secretary o# +ublic ,orks and
&ighways, 69 'F()F), ''.E5.;HH9/
ADecent(aliFation si&pl) &eans t#e !e"olution
of national a!&inist(ation' not powe(' to local
*o"e(n&ents. Local officials re!ain accountable
to the central /overn!ent as the law !a" provide.B
(+imentel . Aguirre, 69 '4E()), G*.'(.;HHH/
.% Are autono!" and decentrali0ation the sa!eR
A% Dot reall". Autono!" is either !ecentrali1ation
of a!ministration or !ecentrali1ation of poer&
'here is !ecentrali1ation of a!ministration when
the central /overn!ent dele/ates ad!inistrative
powers to political subdivisions in order to broaden
the base of /overn!ental power an in the process to
!a.e local /overn!ents !ore responsive and
accountable and ensure their fullest develop!ent as
selfEreliant co!!unities and !a.e the! !ote
effective partners in the pursuit of national
develop!ent and social pro/ress. At the sa!e ti!e
it relieves the central /overn!ent of the burden of
!ana/in/ local affairs and enable it to concentrate
on national concernsK
(>8
SCHOOL OF LAW
ARIS S. MANGUERA
Decentrali1ation of poer on the other hand5
involves an abdication of political power in favor of
local /overn!ent units declared to be autono!ous.
$n that case the autono!ous /overn!ent is free to
chart its own destin" and shape its future with
!ini!u! intervention fro! central /overn!ent
authorities. Accordin/ to a constitutional author5
decentrali0ation of power a!ounts to AselfE
i!!olation5B since in that event5 the autono!ous
/overn!ent beco!es accountable not to the central
authorities but to its constituenc". 9Li!bona v. Conte
;i/uelin5 3676 citin/ Bernas5 Brewin/ the Stor!
Jver Autono!":
>8(

I. P(esi!entLs /ene(al Supe("ision
Section A. 'he President of the Philippines shall e7ercise
/eneral supervision over local /overn!ents. Provinces with
respect to co!ponent cities and !unicipalities5 and cities and
!unicipalities with respect to co!ponent baran/a"s5 shall
ensure that the acts of their co!ponent units are within the
scope of their prescribed powers and functions.
3. Powe( of /ene(al Supe("ision
'he power of /eneral supervision is the power of a
superior officer to see to it that the lower officers
perfor! their functions in accordance with law. $t
does not include the power to substitute one@s
3ud/!ent for that of a lower officer in !atters where
a lower officer has various le/al alternatives to
choose fro!.
>81
AConsistent with the doctrine that local /overn!ent
does not !ean the creation of i!periu! in i!perio
or a state within a State5 the Constitution has
vested the President of the Philippines the power of
/eneral supervision over local /overn!ent units.
Such /rant of power includes the powe( of
!iscipline o"e( local officials5 .eepin/ the!
accountable to the public5 and seein/ to it that their
acts are .ept within the bounds of law. Deedless to
sa"5 this aweso!e supervisor" power5 however5
!ust be e7ercised 3udiciousl" and with ut!ost
circu!spection so as not to trans/ress the avowed
constitutional polic" of local autono!".B (Malon=o
. Samora, 69 '4**'), G*.E*.((/
A#and in hand with the constitutional restraint on
the PresidentYs power over local /overn!ents is
the state polic" of ensurin/ local autono!". 777
Pa(a!o@icall)' local *o"e(n&ents a(e still
su+ect to (e*ulation' #owe"e( li&ite!' fo( t#e
pu(pose of en#ancin* selfH*o"e(n&ent.B
(+imentel . Aguirre, 69 '4E()), G*.'(.EGGG/
.% hen Section (*+ of the Local Govern!ent
Code authori0es the Secretar" of &ustice to pass
3ud/!ent on the constitutionalit" or le/alit" of ta7
ordinances or revenue !easures5 does he not
e7ercise the power of controlR
+%1
+%2
A% Do. #e does not thereb" dictate the law should
be but !erel" ensures that the ordinance is in
accordance with law. 9Drilon v. Li!:
.% Petitioner challen/es the ri/ht of the President5
throu/h the Secretar" of $nterior to suspend hi! on
the /round that the re!oval of the phrase AAs !a"
be provided b" lawB fro! unconstitutional provision
has stripped the President and le/islature of the
power over local /overn!ents. Corollaril"5 he ar/ues
that new Constitution has effectivel" repealed
e7istin/ laws on the sub3ect. Decide.
A% 'he power of /eneral supervision of the President
includes the power to investi/ate and re!ove.
;oreover5 Section 2 itself of this Article provides that
the Local Govern!ent Code 9LGC: !a" provide for
Are!ovalB thus indicatin/ that laws on the sub3ect are
not out of the co!pass of the le/islature. Autono!"
does not transfor! local /overn!ents into .in/do!s
unto the!selves. 9Gan0on v. CA5 ())(:
.% ;a" the Secretar" of the local Govern!ent
annul the election of officers of a federation of
baran/a" officialsR
A% Do. Such annul!ent would a!ount to control and
therefore in e7cess of e7ecutive supervisor" powers.
9'aule v. Secretar" Santos5 ())(:
>82
2. Supe("iso() St(uctu(e in t#e Local
/o"e(n&ent S)ste&
'he President has /eneral supervision over all
LG4s. But his direct supervisor" contact is with
autono!ous re/ions5 provinces5 and independent
cities. 'he rest follow in hierarchal order as
indicated in Section 6.
4. Local Autono&) an! Le*islati"e Cont(ol
A'he Constitution did not5 however5 intend5 for the
sa.e of local autono!"5 to !ep(i"e t#e le*islatu(e
of all aut#o(it) o"e( &unicipal co(po(ations5 in
particular5 concernin/ discipline. 'he chan/e in
constitutional lan/ua/e did not e7e!pt local
/overn!ents fro! le/islative re/ulation provided
re/ulation is consistent with the funda!ental
pre!ise of autono!".B (6an=on . CA, 69 (4E5E,
G).G5.('/
'his basic relationship between the national
le/islature and the local /overn!ent units has not
been enfeebled b" the new provisions in the
Constitution stren/thenin/ the polic" of local
autono!". ithout !eanin/ to detract fro! that
polic"5 we here confir! that Con*(ess (etains
cont(ol of t#e local *o"e(n&ent units alt#ou*#
in si*nificantl) (e!uce! !e*(ee now than under
our previous Constitutions. 'he power to create still
includes the power to destro". 'he power to /rant
still includes the power to withhold or recall. 777 B"
and lar/e5 however5 the national le/islature is still
the principal of the local /overn!ent units5 which
cannot def" its will or !odif" or violate it.B
+%&
,ernas Primer at 41$ (2##+ ed.*
(>>
SCHOOL OF LAW
ARIS S. MANGUERA
(Magta?as . +ryce +roperties, 69 '''G(*,
G*.EG.(F/
III. Local /o"e(n&ent Co!e
Principal 6ui!elines 6iven to Con#ress
Effectivit' of .6C
Scope of Application
Declaration of Polic'
Rules of Interpretation
Section G. 'he Con/ress shall enact a local /overn!ent code
which shall provide for a !ore responsive and accountable
local /overn!ent structure instituted throu/h a s"ste! of
decentrali0ation with effective !echanis!s of recall5 initiative5
and referendu!5 allocate a!on/ the different local /overn!ent
units their powers5 responsibilities5 and resources5 and provide
for the <ualifications5 election5 appoint!ent and re!oval5 ter!5
salaries5 powers and functions and duties of local officials5 and
all other !atters relatin/ to the or/ani0ation and operation of
the local units.
A. P(incipal /ui!elines /i"en to Con*(ess
'he principal /uidelines /iven to Con/ress for
structurin/ LG4s are=
1. 'hat the structure !ust be Aresponsive and
accountableB and Ainstituted thou/h a s"ste!
of decentrali0ation.B
2. 'he structure !ust be both sensitive to the
needs of the localit"5 accountable to the
electorate of the localit"5 and freed as !uch as
possible fro! central /overn!ent
interference.
>86
.% 'he ()+2 Constitution contained a provision
which said that ADo chan/e in the e7istin/ for! of
/overn!ent shall ta.e effect until ratified b" a
!a3orit" of the votes cast in a plebiscite called for
the purpose.B h" was this not retainedR
A% 'he provision was considered too li!itive of the
power of Con/ress.
>88
B. Effecti"it) of L/C
4anua() 3' 3662' unless otherwise provided
herein5 after its co!plete publication in at least one
newspaper of /eneral circulation 9,A +(>C5 Section
82>:
C. Scope of L/CLs Application
'he Code shall appl" to all provinces5 cities5
!unicipalities5 baran/a"s and other political
subdivisions as !a" be created b" law5 and 5 to the
e7tent herein provided5 to officials5 offices or
a/encies of the Dational Govern!ent 9,A +(>C5
Section 82>:
+%4
+%%
D. Decla(ation of Polic) 9Section 1:
(. 'he territorial and political subdivisions of the
State shall en3o" /enuine and !eanin/ful local
autono!" to enable the! to attain their fullest
develop!ent as selfEreliant co!!unities and
!a.e the! !ore effective partners in the
attain!ent of national /oalsG
1. Ensure accountabilit" of local /overn!ent
units throu/h the institution of effective
!echanis!s of recall5 initiative and
referendu!G and
2. ,e<uire all national a/encies and offices to
conduct periodic consultations with appropriate
local /overn!ent units5 nonE/overn!ental and
people@s or/ani0ations5 and other concerned
sectors of the co!!unit" before an" pro3ect or
pro/ra! is i!ple!ented in their respective
3urisdictions.
E. Rules of Inte(p(etation
(. An" provision on a power of local /overn!ent
unit shall be liberall" interpreted in its favor5
and in case of doubt5 an" <uestion thereon
shall be resolved in favor of devolution of
powers and of the local /overn!ent unit.
1. An" ta7 ordinance or revenue !easure shall
be construed strictl" a/ainst the local
/overn!ent unit enactin/ it and liberall" in
favor of the ta7pa"er. An" ta7 e7e!ption5
incentive or relief /ranted b" an" local
/overn!ent unit shall be construed strictl"
a/ainst the person clai!in/ it.
2. 'he /eneral welfare provisions shall be
liberall" interpreted to /ive !ore powers to
local /overn!ent units in acceleratin/
econo!ic develop!ent and up/radin/ the
<ualit" of life for the people in the co!!unit".
6. ,i/hts and obli/ations e7istin/ on the date of
effectivit" of this Code and arisin/ out of
contracts or an" other source of prestation
involvin/ a local /overn!ent unit shall be
/overned b" the ori/inal ter!s and conditions
of said contracts or the law in force at the ti!e
such ri/hts were vested.
8. $n the resolution of controversies arisin/ under
this Code where no le/al provision or
3urisprudence applies5 resort !a" be had to
the custo!s and traditions in the place where
the controversies ta.e place.
>8>
(See page H*HBH(* o# ;acks Compendium(EGGH//
IV. /ene(al Powe(s an! Att(iutes of L/$s
Poers in 6eneral
6overnmental Poers
Corporate Poers
+%+
Antonio :achura, ;utline on Political "aw, %+1 (2##+*
(>+
SCHOOL OF LAW
ARIS S. MANGUERA
Section B. Each local /overn!ent unit shall have the power to
create its own sources of revenues and to lev" ta7es5 fees and
char/es sub3ect to such /uidelines and li!itations as the
Con/ress !a" provide5 consistent with the basic polic" of local
autono!". Such ta7es5 fees5 and char/es shall accrue
e7clusivel" to the local /overn!ents.
Section :. Local /overn!ent units shall have a 3ust share5 as
deter!ined b" law5 in the national ta7es which shall be
auto!aticall" released to the!.
Section 8. Local /overn!ents shall be entitled to an e<uitable
share in the proceeds of the utili0ation and develop!ent of the
national wealth within their respective areas5 in the !anner
provided b" law5 includin/ sharin/ the sa!e with the
inhabitants b" wa" of direct benefits.
A. Powe(s in /ene(al
3. Sou(ces
(. Article $$5 Section 18= A'he Sate shall
ensure the autono!" of local
/overn!ents.B
1. Article S5 Sections 85>5 O +.
2. Statutes 9e./.5 ,A +(>C:
6. Charter 9particularl" of cities:
2. Classification
(. E7press5 i!plied5 inherent 9powers
necessar" and proper for /overnance5
e./.5 to pro!ote health and safet"5
enhance prosperit"5 i!prove !orals of
inhabitants:
1. Public or /overn!entalG Private or
proprietar"
2. $ntra!ural5 e7tra!ural
6. ;andator"5 director"G ;inisterial5
discretionar".
/o"e(n&ental Powe(s Co(po(ate Powe(s
(. General elfare
1. Basic Services and
-acilities
2. Power to Generate
and Appl" ,esources
6. E!inent Do!ain
8. ,eclassification of
Lands
>. Closure and Jpenin/
of ,oads
+. Local Le/islative
Power
*. Authorit" over Police
4nits
(. 'o have continuous
succession in its
corporate na!e.
1. 'o sue and be sued
2. 'o have and use a
corporate seal
6. 'o ac<uire and
conve" real or
personal propert"
8. Power to enter into
contracts
>. 'o e7ercise such
other powers as are
/ranted to
corporations5 sub3ect
to the li!itations
provided in the Code
and other laws.
G. E@ecution of Powe(s
(. here statute prescribes the !anner of
e7ercise5 the procedure !ust be followedG
1. here the statute is silent5 local
/overn!ent units have discretion to select
reasonable !eans and !ethods of
e7ercise.
>8+
B. /o"e(n&ental Powe(s
(. General elfare 9,A +(>C5 Section (>:
1. Basic Services and -acilities 9,A +(>C5 Q(+:
2. Power to Generate and Appl" ,esources 9,A
+(>C Q(*G Article S5 QQ8E+:
6. E!inent Do!ain 9,A +(>C5 Q ():
8. ,eclassification of Lands 9,A +(>C5 Q 1C:
>. Closure and Jpenin/ of ,oads 9,A +(>C5 Q
1(:
+. Local Le/islative Power 9,A +(>C5 QQ 6*E8):
*. Authorit" over Police 4nits 9See Article SV$5
Section >G PDP Act:
3. /ene(al Welfa(e
,A +(>C5 Section (>= Ever" local /overn!ent unit
shall e7ercise the powers e7pressl" /ranted5 those
necessaril" i!plied therefro!5 as well as powers
necessar"5 appropriate5 or incidental for its efficient
and effective /overnance5 and those which are
essential to the pro!otion of /eneral welfare.
ithin their respective territorial 3urisdiction5 local
/overn!ent units shall ensure and support5 a!on/
other thin/s5 the preservation and enrich!ent of
culture5 pro!ote health and safet"5 enhance the
ri/ht of the people to a balanced ecolo/"5
encoura/e and support the develop!ent of
appropriate and selfEreliant scientific and
technolo/ical capabilities5 i!prove public !orals5
enhance econo!ic prosperit" and social 3ustice5
pro!ote full e!plo"!ent a!on/ its residents5
!aintain peace and order5 and preserve the
co!fort and convenience of their inhabitants.
Police powe(. 'he /eneral welfare clause is
the statutor" /rant of police power to local
/overn!ent units.
A'he *ene(al welfa(e clause #as two
(anc#es.
9(: /ene(al le*islati"e powe(5 authori0es the
!unicipal council to enact ordinances and
!a.e re/ulations not repu/nant to law5 as !a"
be necessar" to carr" into effect and dischar/e
the powers and duties conferred upon the
!unicipal council b" law.
91: Police powe( p(ope(5 authori0es the
!unicipalit" to enact ordinances as !a" be
necessar" and proper for the health and
safet"5 prosperit"5 !orals5 peace5 /ood order5
co!fort5 and convenience of the !unicipalit"
and its inhabitants5 and for the protection of
their propert".B (9ural 8ank o# Makati .
Makati, 69 '5G*H4, G*.GE.EGGF/
AAs with the State5 the local /overn!ent !a"
be considered as havin/ properl" e7ercised its
police power onl" if the followin/ re<uisites are
+%/
Antonio :achura, ;utline on Political "aw, %+2 (2##+*
(>*
SCHOOL OF LAW
ARIS S. MANGUERA
!et= 9(: the interests of the public /enerall"5
as distin/uished fro! those of a particular
class5 re<uire the interference of the State5 and
91: the !eans e!plo"ed are reasonabl"
necessar" for the attain!ent of the ob3ect
sou/ht to be acco!plished and not undul"
oppressive upon individuals. Jtherwise
stated5 t#e(e &ust e a concu((ence of a
lawful su+ect an! lawful &et#o!.B (7ucena
6rand Central . ;AC, 69 'F)44(
GE.E4.EGG5/
Li&itations on t#e e@e(cise of powe(s un!e(
t#is clause%
(. E7ercisable onl" within territorial li!its of the
local /overn!ent unit5 e7cept for protection of
water suppl".
1. E<ual protection clause. 9'he interests of the
public in /eneral5 as distin/uished fro! those
of a particular class5 re<uire the e7ercise of the
power.
2. Due process clause. 9'he !eans e!plo"ed
are reasonabl" necessar" for the
acco!plish!ent of the purpose and not undul"
oppressive on individuals:
6. ;ust not be contrar" to the Constitution and
the laws. Prohibited activities !a" not be
le/ali0ed in the /uise of re/ulationG activities
allowed b" law cannot be prohibited5 onl"
re/ulated.
Ma*ta+as ". P()ce P(ope(ties% 'o be
valid 5 an ordinance=
a. ;ust not contravene
the Constitution and an" statuteG
b. ;ust not be unfair or
oppressiveG
c. ;ust not be partial or
discri!inator"G
d. ;ust not prohibit5 but
a" re/ulate tradeG
e. ;ust not be
unreasonable andG
f. ;ust be /eneral in
application and consistent with public
polic".
Cases%
Vali! E@e(cise of Police Powe(
(. Closu(e of Ban9. A local /overn!ent unit !a"5 in
the e7ercise of police power under the /eneral
welfare clause5 order the closure of a ban. for failure
to secure the appropriate !a"or@s per!it and
business licenses. 9,ural Ban. of ;a.ati v.
;unicipalit" of ;a.ati5 1CC6:
1. Ban on S#ip&ent. 'he SC upheld5 as le/iti!ate
e7ercise of the police power5 the validit" of the
Puerto Princesa Jrdinance Abannin/ the ship!ent of
all live fish and lobster outside Puerto Princesa fro!
())2E())* as well as the San//unian/
Panlalawi/an ,esolution Aprohibitin/ that catchin/5
/atherin/5 possessin/5 bu"in/5 sellin/ and ship!ent
of live !arine coral dwellin/ of a<uatic or/anis!s for
a period of 8 "ears5 co!in/ fro! Palawan waters.B
2. $t was held that the power of !unicipal corporations
is broad and has been said to be co!!ensurate
with but to e7ceed the dut" to provide for the real
needs of the people in their health5 safet"5 co!fort
and convenience5 and consistentl" as !a" be with
private ri/hts. Jrdinance is not unconstitutional
!erel" because it incidentall" benefits a li!ited
nu!ber of persons. 'he support for the poor has
lon/ been an accepted e7ercise of the police power
in the pro!otion of the co!!on /ood. 9Bina" v.
Do!in/o5 1C( SC,A 8C*:
6. I&position of Annual -ee. $t was held that where
police power is used to discoura/e nonEuseful
occupations or enterprises5 an annual per!it%
license fee of P(CC.CC althou/h a bit e7orbitant5 is
valid. 9Ph"sical 'herap" Jr/ani0ation of the
Philippines v. ;unicipal Board of ;anila:
8. 'he ordinance re<uirin/ owners of co!!ercial
ce!eteries to reserve >U of their burial lots for
burial /rounds of paupers was held invalidG it was
not an e7ercise of the police power5 but of e!inent
do!ain. 9QC v. Ericta5 (11 SC,A +8):
>. 'he ;anila Jrdinance prohibitin/ barber shops fro!
conductin/ !assa/e business in another roo! was
held valid5 as it was passed for the protection of
public !orals. 9Velasco v. Ville/as5 (1C SC,A 8>*:
+. Oonin* O(!inance. A 0onin/ ordinance reclassif"in/
residential into co!!ercial or li/ht industrial area is
a valid e7ercise of the police power. 9Jrti/as v. -eati
Ban.5 )6 SC,A 822:
*. 'he act of the ;unicipal ;a"or in openin/ &upiter
and Jrbit Streets of Bel Air Subdivision5 to the public
was dee!ed a valid e7ercise of police power.
9San/alan/ v. $AC5 (+> SC,A +():
In"ali! O(!inances
(. L/$ &a) not (e*ulate susc(ie( (ate. A local
/overn!ent unit !a" not re/ulate the subscribe
rates char/ed b" CA'V operators within its territorial
3urisdiction. 'he re/ulation and supervision of the
CA'V industr" shall re!ain vested Asolel"B in the
D'C. Considerin/ that the CA'V industr" is so
technical a field5 D'C5 a speciali0ed a/enc"5 is in a
better position than the local /overn!ent units to
re/ulate it. 'his does not !ean5 however5 that the
LG4 cannot prescribe re/ulations over CA'V
operators in the e7ercise of the /eneral welfare
clause. 9Batan/as CA'V v. CA5 1CC6:
1. O(!inance cont(a() to statute #el! in"ali!. 'he
ordinance prohibitin/ the issuance of a business
per!it to5 and cancellin/ an" business per!it of an"
establish!ent allowin/ its pre!ises to be used as a
casino5 and the ordinance prohibitin/ the operation
of a casino5 were declared invalid for bein/ contrar"
to PD (*>) 9Charter of PAGCJ,:which has the
character and force of a statute. 9;a/ta3as:
2. W#e(e powe( to *(ant f(anc#ise not *(ante!.
hat Con/ress dele/ated to the Cit" of ;anila in ,A
6C) 9,evised Charter of ;anila: with respect to
wa/ers and bettin/ was the power Ato license5 per!it
or re/ulate5B not the power to franchise. 'his !eans
that the license or per!it issued b" the Cit" of
;anila to operate wa/er or bettin/ activit"5 such as
3aiElai5 would not a!ount to so!ethin/ !eanin/ful
unless the holder of the license or per!it was also
franchised b" the Dational Govern!ent to operate.
'herefore5 ;anila Jrdinance Do. +C>85 which
purported to /rant ADC a frachise to conduct 3aiEalai
operations5 is void and ultra ires 9Li! v. Pac<uin/:
,A +(>C e7pressl" authori0es the ;a"or to
issue per!its and licenses for the holdin/ of
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SCHOOL OF LAW
ARIS S. MANGUERA
activities for an" charitable or welfare purposeG
thus5 the ;a"or cannot fei/n total lac. of
authorit" to act on re<uests for such per!its.
9Jlivares v. Sandi/anba"an 5 ())8: But its is
the La/una La.e Develop!ent Authorit"
9LLDA:5 not the !unicipal /overn!ent5 which
has the e7clusive 3urisdiction to issue per!its
for the en3o"!ent of fisher" privile/es in
La/una de Ba"5 b" virtue of ,A 6*8C5 PD *(2
and EJ )1+5 because althou/h ,A +(>C vests
in !unicipalities the authorit" to /rant fisher"
privile/es in !unicipal waters5 ,A +(>C did not
repeal the charter of LLDA5 and the latter is an
e7ercise of the police power. 9LLDA v. CA:
6. 'he ordinance of Ba"a!ban/5 Pan/asinan5
appointin/ Lacuesta !ana/er of fisheries for 18
"ears5 renewable for another 18 "ears5 was held
invalid5 ultra vires5 as it effectivel" a!ends a /eneral
law.9'errado5 v. CA5 (2( SC,A 2+2:
8. An ordinance i!posin/ PC.2C police inspection fee
per sac. of cassava flour produced and shipped out
of the !unicipalit" was held invalid. $t is not a license
fee but a ta75 un3ust and unreasonable5 since the
onl" service of the !unicipalit" is for the police!an
to verif" fro! the drivers of truc.s of petitioner the
nu!ber of sac.s actuall" loaded. 9;atalin Coconut v.
;unicipal Council of ;alaban/5 (62 SC,A 6C6:
>. 'he power to issue per!its to operate coc.pits is
vested in the ;a"or5 in line with the polic" of local
autono!". 9Philippine Ga!efowl Co!!ission v. $AC:
+. 'he Bocaue5 Bulacan ordinance prohibitin/ the
operation of ni/htEclubs5 was declared invalid5
because of his prohibitor"5 not !erel" re/ulator"5
character. 9Dela Cru0 v. Paras5 (12 SC,A 8>):
*. $t was held that the ordinance penali0in/ persons
char/in/ full pa"!ent for ad!ission of children
9a/es +E(1: in !oviehouses was an invalid e7ercise
of police power for bein/ unreasonable and
oppressive on business of petitioners. 9Balacuit v.
C-$:
366G Ba( .uestion
.% ;a"or Alfredo Li! closed the funhouses in the Er!ita
district suspected of bein/ fronts for prostitution. 'o
deter!ine the feasibilit" of puttin/ up a le/ali0ed red li/ht
district5 the cit" council conducted an in<uir" and invited
operators of the closed funhouses to /et their views. Do
one honored the invitation. 'he cit" council issued
subpoenas to co!pel the attendance of the operators but
which were co!pletel" disre/arded. 'he council declared
the operators /uilt" of conte!pt and issued warrants for
their arrest. 'he operators co!e to "ou for le/al advice5
as.in/ the followin/ <uestions= 9(: $s the council
e!powered to issue subpoenas to co!pel their
attendanceR 91: Does the council have the power to cite
for conte!ptR
Su**este! Answe(% 9(: 'he cit" council is not
e!powered to issue subpoenas to co!pel the attendance
of the operators of the funEhouses $n the Er!ita district.
'here is no provision in the Constitution5 the Local
Govern!ent Code5 or an" law e7pressl" /rantin/ local
le/islative bodies the power to subpoena witnesses. As
held in De/ros Jriental $$ Electric Cooperative5 $nc. vs.
San//unian/ Panlun/sod of Du!a/uete5 (88 SC,A 61(5
such power cannot be i!plied fro! the /rant of dele/ated
le/islated power. Such power is &udicial. 'o allow local
le/islative bodies to e7ercise such power without e7press
statutor" basis would violate the doctrine of separation of
powers.
91: 'he cit" council does not have the power to cite for
conte!pt. 'here is li.ewise no provision in the
Constitution5 the Local Govern!ent Code5 or an" other
laws /rantin/ local le/islative bodies the power to cite for
conte!pt. Such power cannot be dee!ed i!plied in the
dele/ation of le/islative power to local le/islative bodies5
for the e7istence of such power poses a potential
dero/ation of individual ri/hts.
2. Basic Se("ices an! -acilities
,A +(>C5 Section (+= Local /overn!ent units shall
endeavor to be selfEreliant and shall continue
e7ercisin/ the powers and dischar/in/ the duties
and functions currentl" vested upon the!. 'he"
shall also dischar/e the functions and
responsibilities of national a/encies and offices
devolved to the! pursuant to this Code 9within >
!onths after the effectivit" of this Code: 'he" shall
li.ewise e7ercise such other powers and dischar/e
such other functions as are necessar"5 appropriate5
or incidental to efficient and effective provision of
the basic services and facilities enu!erated herein.
Dote that public wor.s and infrastructure pro3ects
and other facilities5 pro/ra!s and services funded
b" the national /overn!ent under the General
Appropriations Act and other laws5 are not covered
under this section5 e7cept where the local
/overn!ent unit is dul" desi/nated as the
i!ple!entin/ a/enc" for such pro3ects5 facilities5
pro/ra!s and services.
>8*
De"olution. Devolution refers to the act b" which
the national /overn!ent confers power and authorit"
upon the various local /overn!ent units to perfor!
specific functions and responsibilities. 'his includes
the transfer to the local /overn!ent units of the
records5 e<uip!ent and other assets and personnel
of national a/encies and offices. ,e/ional offices of
national a/encies shall be phased out within one
"ear for! the approval of this Code. Career re/ional
directors who cannot be absorbed b" the local
/overn!ent unit shall be retained b" the national
/overn!ent5 without di!inution in ran.5 salar" or
tenure.
>8)
G. Powe( to /ene(ate an! Appl) Resou(ces
RA 83:J' Section 37= Local /overn!ent units shall
have the power and authorit" to establish an
or/ani0ation that shall be responsible for the
efficient and effective i!ple!entation of their
develop!ent plans5 pro/ra! ob3ectives and
prioritiesG to create their own sources of revenue
and to lev" ta7es5 fees and char/es which shall
accrue e7clusivel" to their use and disposition and
which shall be retained b" the!G to have a 3ust
share in the national ta7es which shall be
auto!aticall" and directl" released to the! without
need of further actionG to have an e<uitable share
in the proceeds fro! the utili0ation and
develop!ent of the national wealth and resources
within their respective territorial 3urisdictions
includin/ develop5 lease5 encu!ber5 alienate or
+%2
Antonio :achura, ;utline on Political "aw, %++ (2##+*
+%$
Antonio :achura, ;utline on Political "aw, %+/ (2##+*
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SCHOOL OF LAW
ARIS S. MANGUERA
otherwise dispose of real or personal propert" held
b" the! in their proprietar" capacit" and to appl"
their resources and assets for productive5
develop!ental or welfare purposes5 in the e7ercise
of furtherance of their /overn!ental or proprietar"
powers and functions and thereb" ensure their
develop!ent into selfEreliant co!!unities and
active participants in the attain!ent of national
/oals.
Section 37 of RA 83:J (estates an!
i&ple&ents Sections B':'8 of A(ticle I. But
this power is alwa"s sub3ect to the li!itations which
the Con/ress !a" provide b" law. 9Basco v.
PAGCJ,5 ()+ SC,A 81: 'hus5 it was held that the
local /overn!ent units have no power to ta7
instru!entalities of the Dational Govern!ent5 such
as PAGCJ,.
A'he powe( to ta@ is pri!aril" vested in the
Con/ressG however5 in our 3urisdictions5 it !a" be
e7ercised b" local le/islative bodies5 no lon*e(
&e(el) ) "i(tue of a "ali! !ele*ation as efo(e'
ut pu(suant to !i(ect aut#o(it) confe((e! )
Section B' A(ticle I of t#e Constitution. 4nder the
latter the e7ercise of the power !a" be sub3ect to
such /uidelines and li!itations as the Con/ress !a"
provide which5 however5 !ust be consistent with the
basic polic" of local autono!". 777 'hese polic"
considerations are consistent with the State polic" to
ensure autono!" to local /overn!ents and the
ob3ective of the LGC that the" en3o" /enuine and
!eanin/ful local autono!" to enable the! to attain
their fullest develop!ent as selfEreliant co!!unities
and !a.e the! effective partners in the attain!ent
of national /oals. 'he power to ta7 is the !ost
effective instru!ent to raise needed revenues to
finance and support !"riad activities of local
/overn!ent units for the deliver" of basic services
essential to the pro!otion of the /eneral welfare and
the enhance!ent of peace5 pro/ress5 and prosperit"
of the people.B (Mactan Cebu International Airport .
Marcos, 69 ''GG)E, G(.''.(H/
.% hat are the fund sources of local
/overn!entsR
A% 'he" are=
(. Local ta7es5 fees and char/esG
1. $ts share in the national ta7esG
2. $ts share in the proceeds of the utili0ation of
national resources within their respective
areasG
6. Jther Asources of revenuesB which the" !a"
le/iti!atel" !a.e use of either in their public
or /overn!ental capacit"5 or private or
proprietar" capacit".
>>C
.% hat is the scope of their power to lev" ta7es5
fees5 and char/esR
A% 'he" are sub3ect to such /uidelines and
li!itations as Con/ress !a" provide. #owever5 such
/uidelines and li!itations to be i!posed b"
Con/ress !ust not be such as to frustrate the Abasic
polic" of local autono!".B
>>(
++#
++1
.% hat is the share of the national /overn!ent in
such ta7es5 fees and char/esR
A% Done.
>>1
.% $n what wa" can local /overn!ents share in the
fruits of the utili0ation of local natural resourcesR
A% Local /overn!ents can either have shares fro!
revenues accruin/ throu/h fees and char/es or the"
can receive direct benefits such as lower rates5 e./.5
for consu!ption of electricit" /enerated within their
localit".
>>2
-un!a&ental P(inciple /o"e(nin* t#e E@e(cise of
t#e Ta@in* an! ot#e( Re"enueHRaisin* Powe(s of
L/$s 9,A +(>C5 Section (2C:
(. 'a7ation shall be unifor! in each LG4G
1. 'a7es5 fees5 char/es and other i!positions
shall be e<uitable and based as far as
practicable on the ta7pa"er@s abilit" to pa"G
levied and collected onl" for public purposesG
not un3ust5 e7cessive5 oppressive or
confiscator"G and not contrar" to law5 public
polic"5 national econo!ic polic"5 or in restraint
of tradeG
2. 'he collection of local ta7es5 fees and char/es
and other i!positions shall in no case be let to
an" private personG
6. 'he revenue collected shall inure solel" to the
benefit of5 and be sub3ect to disposition b" the
local /overn!ent unit5 unless specificall"
provided hereinG and
8. Each LG4 shall as far as practicable evolve a
pro/ressive s"ste! of ta7ation.
Cases%
(. 'he e7ercise b" local /overn!ents of the power to
ta7 is ordained b" the present ConstitutionG onl"
/uidelines and li!itations that !a" be established b"
Con/ress can define and li!it such power of local
/overn!ents. 9Philippine Petroleu! Corporation v.
;unicipalit" of Pililia5 ,i0al5 ()* SC,A *1:
1. Con/ress has the power of control over local
/overn!entsG if Con/ress can /rant a !unicipal
corporation the power to ta7 certain !atters5 it can
also provide for e7e!ptions or even ta.e bac. the
power. 777 'he power of local /overn!ents to
i!pose ta7es and fees is alwa"s sub3ect to
li!itations which Con/ress !a" provide b" law.777
Local /overn!ents have no power to ta7
instru!entalities of the Dational Govern!ent and is
therefore e7e!pt fro! local ta7es. 9Basco v.
PAGCJ,5 ()+ SC,A 81:
2. LG4s have the power to create their own sources of
revenue5 lev" ta7es5 etc.5 but sub3ect to such
/uidelines set b" Con/ress. 9Estanislao v. costales5
()> SC,A *82:
6. Section (*+5 ,A +(>C which authori0es the
Secretar" of &ustice to review the constitutionalit" of
le/alit" of a ta7 ordinanceNand if warranted5 to
revo.e it on either or both /roundsNis valid5 and
does not confer the power of control over local
/overn!ent units in the Secretar" of &ustice5 as
even if the latter can set aside a ta7 ordinance5 he
cannot substitute his own 3ud/!ent for that of the
local /overn!ent unit. 9Drilon v. Li!5 ())6:
++2
++&
(+(
SCHOOL OF LAW
ARIS S. MANGUERA
8. 'he Cit" of Cebu as a LG45 the power to collect real
propert" ta7es fro! the ;actan Cebu $nternational
Airport Auhtorit" 9;C$AA v. ;arcos5 ())>: 'here is
no <uestion that under ,A >)8*5 ;C$AA is e7e!pt
for! the pa"!ent of realt" ta7es i!posed b" the
Dational Govern!ent or an" of its political
subdivisionsG nevertheless5 since ta7ation is the rule5
the e7e!ption !a" be withdrawn at the pleasure of
the ta7in/ authorit". 'he onl" e7ception to this rule is
where the e7e!ption was /ranted to private parties
based on !aterial consideration of a !utual nature5
which then beco!es contractual and is thus covered
b" the nonEi!pair!ent clause of the Constitution.
>. hile indeed local /overn!ents are authori0ed to
i!pose business ta7es5 the" can do so onl" if the
entit" bein/ sub3ected to business ta7 is a business.
9'hus5 for ;a.ati to i!pose a business ta7 on a
condo!iniu!5 the cit" !ust prove that the
condo!iniu! is en/a/ed in business.:
>>6
A(ticle I' Section :% ;Local /overn!ent units
shall have a 3ust share5 as deter!ined b" law5 in
the national ta7es which shall be auto!aticall"
released to the!.B
S#a(e in National Ta@es. Section > !andates that
9(: the LG4s shall have a L3ust shareL in the national
ta7esG 91: the L3ust shareL shall be deter!ined b"
lawG and 92: the L3ust shareL shall be auto!aticall"
released to the LG4s. 'hus5 where the local
/overn!ent share has been deter!ined b" the
General Appropration Act5 its relese !a" not be
!ade sub3ect to te condition that Lsuch a!ount shall
be released to the local /overn!ent units sub3ect to
the i!ple!entin/ rules and re/ulations5 includin/
such !echanis!s and /uidelines for the e<uitable
allocations and distribution of said fund a!on/ local
/overn!ent units sub3ect to the /uidelines that !a"
be prescribed b" the Jversi/ht Co!!ittee on
Devolution.L 'o sub3ect its distribution and release to
the va/aries of the i!ple!entin/ rules and
re/ulations5 includin/ the /uidelines and
!echanis!s unilaterall" prescribed b" the Jversi/ht
Co!!ittee fro! ti!e to ti!e5 as sanctioned b" the
assailed provisos in the GAAs of ()))5 1CCC and
1CC( and the JCD resolutions5 !a.es the release
not auto!atic and a fla/rant violation of the
constitutional and statutor" !andate that the L3ust
shareL of the LG4s Lshall be auto!aticall" released
to the!.L
>>8
;oreover5 neither Con/ress nor the E7ecutive !a"
i!pose conditions on the release. As the
Constitution la"s upon the e7ecutive the dut" to
auto!aticall" release the 3ust share of local
/overn!ents in the national ta7es5 so it en3oins the
le/islature not to pass laws that !i/ht prevent the
e7ecutive fro! perfor!in/ this dut". 'o hold that the
e7ecutive branch !a" disre/ard constitutional
provisions which define its duties5 provided it has the
bac.in/ of statute5 is virtuall" to !a.e the
Constitution a!endable b" statute F a proposition
which is patentl" absurd. ;oreover5 if it were the
intent of the fra!ers to allow the enact!ent of
statutes !a.in/ the release of $,A conditional
++4
?amane v. 6A Lepanto Condominium! @.=. :o. 1%4$$&, ;ctober
2%, 2##%.
++%
6atan%as v. Eecutive Secretary, @.=. :o. 1%2//4. 4a- 2/,
2##4
instead of auto!atic5 then Article S5 Section > of the
Constitution would have been worded to sa" Ashall
be Hauto!aticall"I released to the! as provided b"
law.B
>>>
-un!a&ental P(inciple /o"e(nin* t#e -inancial
Affai(s' T(ansactions an! Ope(ations of L/$s
9,A +(>C5 Section 2C8:
(. Do !one" shall be paid out of the local treasur"
e7cept in pursuance of an appropriation
ordinance of lawG
1. Local /overn!ent funds and !onies shall be
spent solel" for public purposesG
2. Local revenue is /enerated onl" fro! sources
e7pressl" authori0ed b" law or ordinance5 and
collection thereof shall at all ti!es be
ac.nowled/ed properl".
6. All !onies officiall" received b" a local
/overn!ent officer in an" capacit" or on an"
occasion shall be accounted for as local funds5
unless otherwise provided b" lawG
8. 'rust funds in the local treasur" shall not be
paid out e7cept in fulfill!ent of the purpose for
which the trust was created or the funds
receivedG
>. Ever" officer of the local /overn!ent unit
whose duties per!it or re<uire the possession
or custod" of local funds shall be properl"
bonded5 and such officer shall be accountable
and responsible for said funds and for the
safe.eepin/ thereof in confor!it" with the
provisions of lawG
+. Local /overn!ents shall for!ulate sound
financial plans5 and the local bud/ets shall be
based on functions5 activities5 and pro3ects in
ter!s of e7pected resultsG
*. Local bud/et plans and /oals shall5 as far as
practicable5 be har!oni0ed with national
develop!ent plans5 /oals and strate/ies in
order to opti!i0e the utili0ation of resources
and to avoid duplication in the use of fiscal and
ph"sical resources.
). Local bud/ets shall operationali0e approved
local develop!ent plansG
(C. LG4s shall ensure that their respective bud/ets
incorporate the re<uire!ents of their
co!ponent units and provide for e<uitable
allocation of resources a!on/ these
co!ponent unitsG
((. Dational plannin/ shall be based on local
plannin/ to ensure that the needs and
aspirations of the people is articulated b" the
LG4s in their respective local develop!ent
plans are considered in the for!ulation of
bud/ets of national line a/encies or officesG
(1. -iscal responsibilit" shall be shared b" all those
e7ercisin/ authorit" over the financial affairs5
transactions5 and operations of the LG4sG and
(2. 'he LG4 shall endeavor to have a balanced
bud/et in each fiscal "ear of operation.
3663 Ba( .uestion
.%'he province of Palawan passes an ordinance
re<uirin/ all owners%operators of fishin/ vessels
that fish in waters surroundin/ the province to
invest ten percent 9(CU: of their net profits fro!
+++
Alternative Center v. @amora! @.=. :o. 1442%+, 1une 2, 2##%.
(+1
SCHOOL OF LAW
ARIS S. MANGUERA
operations therein in an" enterprise located in
Palawan. DA,CJ -ishin/ Corp.5 a -ilipino
corporation with head office in Davotas5 ;etro
;anila5 challen/es the ordinance as
unconstitutional. Decide the case.
Su**este! Answe(% 'he ordinance is invalid. 'he
ordinance was apparentl" enacted pursuant to
Article S5 Sec. + of the Constitution5 which entitles
local /overn!ents to an e<uitable share in the
proceeds of the utili0ation and develop!ent of the
national wealth within their respective areas.
#owever5 this should be !ade pursuant to law. A
law is needed to i!ple!ent this provision and a
local /overn!ent cannot constitute itself unto a
law. $n the absence of a law the ordinance in
<uestion is invalid.
A. E&inent Do&ain
,A +(>C5 Section ()= A Local Govern!ent 4nit
!a"5 throu/h its chief e7ecutive and actin/
pursuant to an o(!inance5 e7ercise power of
e!inent do!ain for public use5 or purpose5 or
welfare for the benefit of the poor and the landless5
upon pa"!ent of 3ust co!pensation5 pursuant to
the provisions of the Constitution and pertinent
laws= Provided5 however5 'hat the power of
e!inent do!ain !a" not be e7ercised unless a
valid and definite offer has been previousl" !ade
to the owner and such offer was not accepted=
Provided5 further5 'hat the LG4 !a" i!!ediatel"
ta.e possession of the propert" upon the filin/ of
e7propriation proceedin/s and upon !a.in/ a
deposit with the proper court of at least (8U of the
fair !ar.et value of the propert" based on the
current ta7 declaration of the propert" to be
e7propriated= Provided5 finall"5 'hat the a!ount to
be paid for the e7propriated propert" shall be
deter!ined b" the proper court5 based on the fair
!ar.et value at the ti!e of the ta.in/ of the
propert".
ALocal *o"e(n&ent units #a"e no in#e(ent powe(
of e&inent !o&ain and can e7ercise it onl" when
e7pressl" authori0ed b" the le/islature. B" virtue of
,A +(>C5 Con/ress conferred upon local
/overn!ent units the power to e7propriate. 777
'here are two le/al provisions which li!it the
e7ercise of this power= 9(: no person shall be
deprived of life5 libert"5 or propert" without due
process of law5 nor shall an" person be denied the
e<ual protection of the lawsG and 91: private propert"
shall not be ta.en for public use without 3ust
co!pensation. 'hus5 the e7ercise b" local
/overn!ent units of the power of e!inent do!ain is
not absolute. $n fact5 Section () of ,A +(>C itself
e7plicitl" states that such e7ercise !ust co!pl" with
the provisions of the Constitution and pertinent
laws.B (7agcao . 7abra, 69 '55*FH, 'G.'4. EGGF/
AStrictl" spea.in/5 the power of e!inent do!ain
dele/ated to an LG4 is in realit" not e!inent but
<infe(io(< !o&ain5 since it !ust confor! to the
li!its i!posed b" the dele/ation5 and thus parta.es
onl" of a share in e!inent do!ain. $ndeed5 Lthe
national le/islature is still the principal of the local
/overn!ent units5 which cannot def" its will or
!odif" or violate it.B (+arana%ue . <M 9ealty Corp.,
69 'E*)EG, G*.EG.()/
A$t is true that local /overn!ent units have no
inherent power of e!inent do!ain and can e7ercise
it onl" when e7pressl" authori0ed b" the le/islature.
$t is also true that in dele/atin/ the power to
e7propriate5 the le/islature !a" retain certain control
or i!pose certain restraints on the e7ercise thereof
b" the local /overn!ents. hile such dele/ated
power !a" be a li!ited authorit"5 it is co!plete
within its li!its. ;oreover5 the li!itations on the
e7ercise of the dele/ated power !ust be clearl"
e7pressed5 either in the law conferrin/ the power or
in other le/islations. Statutes confe((in* t#e powe(
of e&inent !o&ain to political su!i"isions
cannot e (oa!ene! o( const(icte! )
i&plication.B (+roince o# Camarines Sur . CA,
EEE SC9A '*4/
Li&itations on t#e E@e(cise of t#e Powe( of
E&inent Do&ain ) Local /o"e(n&ent $nits%
(. E7ercised onl" b" the local chief e7ecutive5
actin/ pursuant to a valid ordinanceG
1. -or public use or purpose or welfare5 for the
benefit of the poor and the landlessG
2. Jnl" after a valid and definite offer had been
!ade to5 and not accepted b"5 the owner.
$t was held that the San//unian/ Panlalawi/an
cannot validl" disapprove the resolution of the
!unicipalit" e7propriatin/ a parcel of land for the
establish!ent of a /overn!ent center. 'he power of
e!inent do!ain is e7plicitl" /ranted to the
!unicipalit" under the Local Govern!ent Code.
2JJB Ba( .uestion
.% 'he San//unian/ Ba"an of the ;unicipalit" of Santa5
$locos Sur passed ,esolution Do. ( authori0in/ its ;a"or
to initiate a petition for the e7propriation of a lot owned b"
Christina as site for its !unicipal sports center. 'his was
approved b" the ;a"or. #owever5 the San//unian/
Panlalawi/an of $locos Sur disapproved the ,esolution as
there !i/ht still be other available lots in Santa for a
sports center. Donetheless5 the ;unicipalit" of Santa5
throu/h its ;a"or5 filed a co!plaint for e!inent do!ain.
Christina opposed this on the followin/ /rounds= 9a: the
;unicipalit" of Santa has no power to e7propriateG 9b:
,esolution Do. ( has been voided since the San//unian/
Panlalawi/an disapproved it for bein/ arbitrar"G and 9c:
the ;unicipalit" of Santa has other and better lots for that
purpose. ,esolve the case with reasons.
Su**este! Answe(= 4nder Section () of ,.A. Do. +(>C5
the power of e!inent do!ain is e7plicitl" /ranted to the
!unicipalit"5 but !ust be e7ercised throu/h an ordinance
rather than throu/h a resolution. 9;unicipalit"
ofParana<ue v. V.;. ,ealt" Corp.5 G.,. Do. (1+*1C5 &ul"
1C5 ())*:
'he San//unian/ Panlalawi/an of $locos Sur was without
the authorit" to disapprove ,esolution Do. ( as the
!unicipalit" clearl" has the power to e7ercise the ri/ht of
e!inent do!ain and its San//unian/ Ba"an the capacit"
to pro!ul/ate said resolution. 'he onl" /round upon
which a provincial board !a" declare an" !unicipal
resolution5 ordinance or order invalid is when such
resolution5 ordinance or order is be"ond the powers
conferred upon the council or president !a.in/ the sa!e.
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SCHOOL OF LAW
ARIS S. MANGUERA
Such is not the situation in this case. 9;oda" v. Court of
Appeals5 G.,. Do. (C+)(>5 -ebruar" 1C5 ())+:
'he <uestion of whether there is /enuine necessit" for
the e7propriation of ChristinaYs lot or whether the
!unicipalit" has other and better lots for the purpose is a
!atter that will have to be resolved b" the Court upon
presentation of evidence b" the parties to the case.
B. Reclassification of Lan!s
A cit" or !unicipalit" !a"5 throu/h an ordinance
passed after conductin/ public hearin/s for the
purpose5 authori0e the reclassification of
a/ricultural lands and provide for the !anner of
their utili0ation or disposition=
(. hen the land ceases to be econo!icall"
feasible and sound for a/ricultural
purposes as deter!ined b" the
Depart!ent of A/riculture5 or
1. here the land shall have substantiall"
/reater econo!ic value for residential5
co!!ercial or industrial purposes5 as
deter!ined b" the san//unianG
Provided that such reclassification shall be
li!ited to the followin/ percenta/e of the total
a/ricultural land area at the ti!e of the
passa/e of the ordinance=
i. -or hi/hl" urbani0ed cities and
independent co!ponent cities= (8U
ii. -or co!ponent cities and (
st
to 2
rd
class !unicipalities= (CU
iii. -or 6
th
to >
th
!unicipalities= 8U.
Provided that a/ricultural land distributed to
land refor! beneficiaries shall not be
affected b" such reclassification.
:. Closu(e an! Openin* of Roa!s
,A +(>C5 Section 1(. A local /overn!ent unit !a"5
pursuant to an ordinance5 per!anentl" or
te!poraril" close or open an" local road5 alle"5 par.
or s<uare fallin/ within its 3urisdiction5 provided that
in case of per!anent closure5 such ordinance !ust
be approved b" at least 1%2 of all the !e!bers of
the san//unian5 and when necessar"5 an ade<uate
substitute for the public facilit" shall be provided.
A!!itional li&itations in case of pe(&anent
closu(e%
(. Ade<uate provision for the !aintenance of
public safet" !ust be !adeG
1. 'he propert" !a" be used or conve"ed for an"
purpose for which other real propert" !a" be
lawfull" used or conve"ed5 but no freedo!
par. shall be closed per!anentl" without
provision for its transfer or relocation to a new
site.
Dote= 'e!porar" closure !a" be !ade durin/ an
actual e!er/enc"5 fiesta celebrations5 public rallies5
etc.
Cases%
(. A !unicipalit" has the authorit" to prepare and
adopt a land use !ap5 pro!ul/ate a 0onin/
ordinance5 and close an" !unicipal road.
9Pilapil v. CA5 1(> SC,A 22:
1. 'he closure of 6 streets in Baclaran5
Parana<ue was held invalid for nonEco!pliance
with ;;A Jrdinance Do. 1. -urther5 provincial
roads and cit" streets are propert" for public
use under Article 6165 Civil Code5 hence under
the absolute control of Con/ress. 'he" are
outside the co!!erce of !an5 and cannot be
disposed of to private persons. 9Dote= 'his
case was decided under the ae/is of the old
Local Govern!ent Code: 9;acasiano v.
Dio.no5 1(1 SC,A 6>6:
2. Jne whose propert" is not located on the
closed section of the street ordered closed b"
the Provincial Board of Catanduanes has no
ri/ht to co!pensation for the closure if he still
has reasonable access to the /eneral s"ste!
of streets. 9Cabrera v. CA5 ()8 SC,A 2(6:
6. 'he power to vacate is discretionar" on the
San//unian.777 when properties are no lon/er
intended for public use5 the sa!e !a" be used
or conve"ed for an" lawful purpose5 and !a"
even beco!e patri!onial and thus be the
sub3ect of co!!on contract. 9Cebu J7"/en O
Acet"lene Co. v. Berciles5 >> SC,A 6*(:
8. 'he Cit" Council has the authorit" to deter!ine
whether or not a certain street is still necessar"
for public use. 9-avis v. Cit" of Ba/uio5 1)
SC,A 68>:
>. 'he Cit" ;a"or of ;anila cannot b" hi!self5
withdraw Padre ,ada as a public !ar.et. 'he
establish!ent and !aintenance of public
!ar.ets is a!on/ the le/islative powers of the
Cit" of ;anilaG hence5 the need for 3oint action
b" the San//unian and the ;a"or.
8. Local Le*islati"e Powe( 9E7ercised b" the
local san//unian:
a. P(o!ucts of le*islati"e action%
(. Or!inanceE prescribes a per!anent rule
of conduct.
1. ResolutionE of te!porar" character5 or
e7presses senti!ent.
. ReMuisites fo( "ali!it)
(. ;ust not contravene the Constitution and
an" statuteG
1. ;ust not be unfair or oppressiveG
2. ;ust not be partial or discri!inator"G
6. ;ust not prohibit but !a" re/ulate tradeG
8. ;ust not be unreasonableG
>. ;ust be /eneral in application and
consistent with public polic".
c. App(o"al of O(!inances
Jrdinances passed b" the san//unian/
panlalawi/an5 san//unian/ panlun/sod5 or
san//unian/ ba"an shall be approved=
(. $f the local chief e7ecutive approves the
sa!e5 affi7in/ his si/nature on each an
ever" pa/e thereof.
1. $f the local chief e7ecutive vetoes the
sa!e5 and the veto is overridden b" 1%2
vote of all the !e!bers of the
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SCHOOL OF LAW
ARIS S. MANGUERA
san//unian. 'he local chief e7ecutive
!a" veto the ordinance5 onl" once5 on the
/round that the ordinance is ultra ires, or
that it is pre3udicial to the public welfare.
#e !a" veto an" particular ite! or ite!s
of an appropriation ordinance5 an
ordinance or resolution adoptin/ a
develop!ent plan and public invest!ent
pro/ra!5 or an ordinance directin/ the
pa"!ent of !one" or creatin/ liabilit". $n
such a case5 the veto shall not affect the
ite!s or ite!s which are not ob3ected to.
'he veto shall be co!!unicated b" the
local chief e7ecutive to the san//unian
within (8 da"s in case of a province5 or (C
da"s in case of a cit" or !unicipalit"G
otherwise5 the ordinance shall be dee!ed
approved as if he si/ned it.
$n :elos 9eyes . Sandiganbayan, '((*,
where petitioner was char/ed with
falsification of a public docu!ent for
approvin/ a resolution which purportedl"
appropriate !one" to pa" for the ter!inal
leave of 1 e!plo"ees when actuall" no
such resolution was passed5 the petitioner
ar/ued that his si/nature on the resolution
was !erel" !inisterial. 'he SC disa/reed5
sa"in/ that the /rant of the veto power
accords the ;a"or the discretion whether
or not to disapprove the resolution.
AA san**unian is a colle*ial o!). Le/islation5
which is the principal function and dut" of the
san//unian5 re<uires the participation of all its
!e!bers so that the" !a" not onl" represent
the interests of their respective constituents but
also help in the !a.in/ of decisions b" votin/
upon ever" <uestion put upon the bod". 'he acts
of onl" a part of the San//unian done outside
the para!eters of the le/al provisions
afore!entioned are le/all" infir!5 hi/hl"
<uestionable and are5 !ore i!portantl"5 null and
void. And all such acts cannot be /iven bindin/
force and effect for the" are considered unofficial
acts done durin/ an unauthori0ed session.B
(Samora . Caballero, 69 'F**H*,
G'.'F.EGGF/
HDote= Jrdinances enacted b" the
san//unian/ baran/a" shall5 upon
approval b" a !a3orit" of all its !e!bers5
be si/ned b" the punon/ baran/a". 'he
latter has no veto power.I
!. Re"iew ) San**unian* Panlalawi*an
Procedure= ithin 2 da"s after approval5 the
secretar" of the san/unian/ panlu/sod 9in
co!ponent cities: or san//uninan/ ba"an
shall forward to the san//unian/
pan/lalawi/an for review copies of approved
ordinances and resolutions approvin/ the local
develop!ent plans and public invest!ent
pro/ra!s for!ulated b" the local develop!ent
councils. 'he sann/unian/ panlalawi/an shall
review the sa!e within 2C da"sG if it finds that
the ordinance or resolution is be"ond the
power conferred upon the san//unian/
panlus/sod or sa//unian/ ba"an concerned5 it
shall declare such ordinance or resolution
invalid in whole or in part. $f no action is ta.en
within 2C da"s5 the ordinance or resolution is
presu!ed consisted with law5 valid.
e. Re"iew of Ba(an*a) O(!inances
ithin (C da"s fro! enact!ent5 the
san//unian/ baran/a" shall furnish copies of
all baran/a" ordinances to the san//unian/
panlun/sod or san//unian/ ba"an for review.
$f the reviewin/ san//unian finds the baran/a"
ordinances inconsistent with law or cit" or
!unicipal ordinances5 the san//unian
concerned shall5 within 2C da"s for! receipt
thereof5 return the sa!e with its co!!entsand
reco!!endations to the san//unian/
baran/a" for ad3ust!ent5 a!end!ent or
!odification5 in which case the effectivit" of the
ordinance is suspended until the revision
called for is effected. $f no action is ta.en b"
the san//unian/ panlun/sod or san//unian/
ba"an within 2C da"s5 the ordinance is
dee!ed approved.
f. Enfo(ce&ent of !isapp(o"e! o(!inances1
(esolutions
An" atte!pt to enforce an ordinance or
resolution approvin/ the local develop!ent
plan and public invest!ent pro/ra!5 after the
disapproval thereof5 shall be sufficient /round
for the suspension or dis!issal of the official or
e!plo"ee concerned.
*. Effecti"it).
4nless otherwise stated in the ordinance or
resolution5 the sa!e shall ta.e effect after (C
da"s fro! the date a cop" thereof is posted in
a bulletin board at the entrance of the
provincial capitol5 or cit"5 !unicipal or
baran/a" hall5 and in at least two other
conspicuous places in the local /overn!ent
unit concerned.
i. 'he /ist of all ordinances with penal
sanction shall be published in a
newspaper of /eneral circulation within
the province where the local le/islative
bod" concerned belon/s. $n the absence
of a newspaper of /eneral circulation
within the province5 postin/ of such
ordinances shall be !ade in all
!unicipalities and cities of the province
where the san//unian of ori/in is
situated.
ii. $n the case of hi/hl" urbani0ed and
independent co!ponent cities5 the !ain
features of the ordinance or resolution
dul" enacted shall5 in additions to bein/
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SCHOOL OF LAW
ARIS S. MANGUERA
posted5 be published once in a local
newspaper of /eneral circulation within
the cit"G of there is no such newspaper
within the cit"5 then publication shall be
!ade in an" newspaper of /eneral
circulation.
#. Scope of Local Law Ma9in* Aut#o(it)
(. San//unians e7ercise onl" dele/ated
le/islative powers conferred on the! b"
Con/ress. As !ere a/ents5 local
/overn!ents are vested with the power of
subordinate le/islation. (Magta?as .
+ryce, 69 '''G(*, G*.EG.(F/
1. $t is a funda!ental principle that !unicipal
ordinances are inferior in status and
subordinate to the laws of the State. An
ordinance in conflict with a state law of
/eneral character and statewide
application is universall" held to be
invalid. 'he principle is fre<uentl"
e7pressed in the declaration that
!unicipal authorities5 under a /eneral
/rant of power5 cannot adopt ordinances
which infrin/e upon the spirit of a state
law or repu/nant to the /eneral polic" of
the state. $n ever" power to pass
ordinances /iven to a !unicipalit"5 there is
an i!plied restriction that the ordinances
shall be consistent with the /eneral law.
(8atangas CA!< . Court o# Appeals, 69
'4))'G, G(.EG.EGGF/
2. 'he ())( Local Govern!ent Code
provides that local le/islative power shall
be e7ercised b" the san//unian. 'he
le/islative acts of the san//unian in the
e7ercise of its law!a.in/ authorit" are
deno!inated ordinances. -or an
ordinance to be valid5 it !ust not onl" be
within the corporate powers of the local
/overn!ent concerned to enact but !ust
also be passed accordin/ to the
procedure prescribed b" law. (7agcao .
7abra, 69 '55*FH, 3ctober '4, EGGF/
6. A proviso in an ordinance directin/ that
the real propert" ta7 be based on the
actual a!ount reflected in the deed of
conve"ance or the prevailin/ B$, 0onal
value is invalid not onl" because it
!andates an e7clusive rule in deter!inin/
the fair !ar.et value but !ore so because
it departs fro! the established procedures
stated in the Local Assess!ent
,e/ulations Do. (E)1 and undul"
interferes with the duties statutoril" placed
upon the local assessor b" co!pletel"
dispensin/ with his anal"sis and discretion
which the Code and the re/ulations
re<uire to be e7ercised. -urther5 the
charter does not /ive the local
/overn!ent that authorit". An ordinance
that contravenes an" statute is ultra ires
and void. (Allied 8anking Corporation .
Jue=on City, 69 '5F'EH, 'G.''.EGG5/
3666 Ba( .uestion
.% &ohnn" was e!plo"ed as a driver b" the
;unicipalit" of Calu!pit5 Bulacan. hile drivin/
rec.lessl" a !unicipal du!p truc. with its load of
sand for the repair of !unicipal streets5&ohnn" hit a
3eepne". 'wo passen/ers of the 3eepne" were
.illed. 'he San//unian/ Ba"an passed an
ordinance appropriatin/ P2CC5CCC as
co!pensation for the heirs of the victi!s.
(: $s the !unicipalit" liable for the ne/li/ence of
&ohnn"R
1: $s the !unicipal ordinance validR
Su**este! Answe(=
1: 'he ordinance appropriatin/ P2CC5CCC.CC for the
heirs of the victi!s of &ohnn" is void. 'his a!ounts
to appropriatin/ public funds for a private purpose.
4nder Section 228 of the Local Govern!ent Code5
no public !one" shall be appropriated for private
purposes.
Alte(nati"e Answe(% 4pon the fore/oin/
considerations5 the !unicipal ordinance is null and
void for bein/ ultra vires. 'he !unicipalit" not bein/
liable to pa" co!pensation to the heirs of the
victi!s5 the ordinance is utterl" devoid of le/al
basis. $t would in fact constitute an ille/al use or
e7penditure of public funds which is a cri!inal
offense. hat is !ore5 the ordinance does not
!eet one of the re<uisites for validit" of !unicipal
ordinances5 ie.5 that it !ust be in consonance with
certain wellEestablished and basic principles of a
substantive nature5 to wit= Hit does not contravene
the Constitution or the law5 it is not unfair or
oppressive. $t is not partial or discri!inator". $t is
consistent with public polic"5 and it is not
unreasonable.I
7. Aut#o(it) O"e( Police $nits
As !a" be provided b" law. 9See Section >5 Article
SV$G PDP Act:
C. Co(po(ate Powe(s
Local /overn!ent units shall en3o" full autono!" in
the e7ercise of their proprietar" functions and in the
!ana/e!ent of their econo!ic enterprises5 sub3ect
to li!itations provided in the Code and other
applicable laws. 'he corporate powers of local
/overn!ent units are=
+. 'o have continuous succession in its corporate
na!e.
*. 'o sue and be sued
). 'o have and use a corporate seal
(C. 'o ac<uire and conve" real or personal
propert"
((. Power to enter into contracts
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SCHOOL OF LAW
ARIS S. MANGUERA
(1. 'o e7ercise such other powers as are /ranted
to corporations5 sub3ect to the li!itations
provided in the Code and other laws.
3. To #a"e continuous succession in its
co(po(ate na&e
2. To sue an! e sue!
'he rule is that suit is co!!enced b" the local
e7ecutive5 upon the authorit" of the San//unian5
e7cept when the Cit" Councilors the!selves and
as representatives of or on behalf of the Cit"5 brin/
action to prevent unlawful disburse!ent of Cit"
funds. 9Cit" Council of Cebu v. Cuison5 6+ SC,A
218:
But the !unicipalit" cannot be represented b" a
private attorne". Jnl" the Provincial -iscal or the
;unicipal Attorne" can represent a province or
!unicipalit" in lawsuits. 'his is !andator". 'he
!unicipalit"@s authorit" to e!plo" a private law"er is
li!ited to situations where the Provincial -iscal is
dis<ualified to represent it5 and the fact of
dis<ualification !ust appear on record. 'he -iscal@s
refusal to represent the !unicipalit" is not le/al
3ustification for e!plo"in/ the services of private
counselG the !unicipalit" should re<uest the
Secretar" of &ustice to appoint an Actin/ Provincial
-iscal in place of the one declined to handle the case
in court. 9;unicipalit" of Pililia ,i0al v. CA5 122 SC,A
6*6:
G. To #a"e an! use a co(po(ate seal
LG4s !a" continue usin/5 !odif" or chan/e their
corporate sealG an" chan/e shall be re/istered with
the D$LG.
>>+
A. To acMui(e an! con"e) (eal o( pe(sonal
p(ope(t)
a. 'he LG4 !a" ac<uire tan/ible or intan/ible
propert"5 in an" !anner allowed b" law5 e./.5
sale5 donation5 etc.
b. 'he local /overn!ent unit !a" alienate onl"
patri!onial propert"5 upon proper authorit".
c. $n the absence of proof that the propert" was
ac<uired throu/h corporate or private funds5
the presu!ption is that it ca!e fro! the State
upon the creation of !unicipalit" and thus5 is
/overn!ental or public propert". 9Salas v.
&arencio5 6* SC,A +26:
d. 'own pla0as are properties of public do!inionG
the" !a" be occupied te!poraril"5 but onl" for
the duration of an e!er/enc" 9Espiritu v.
Pan/asinan5 (C1 Phil *>>:
e. A public pla0a is be"ond the co!!erce of
!an5 and cannot be the sub3ect of the lease or
other contractual underta.in/. And5 even
assu!in/ the e7istence of a valid lease of the
public pla0a or part thereof5 the !unicipal
resolution effectivel" ter!inated the
++/
Antonio :achura, ;utline on Political "aw, %/+ (2##+*
a/ree!ent5 for it is settled that the police
power cannot be surrendered or bar/ained
awa" throu/h the !ediu! of a contract.
9Villanueva v. Castaneda5 (86 SC,A (61:
f. Public streets or thorou/hfares are propert" for
public use5 outside the co!!erce of !an5 and
!a" not be the sub3ect of lease or other
contracts. 9Dacana" v. Asistio5 1C* SC,A 6C6:
/. Procure!ent of supplies is !ade throu/h
co!petitive public biddin/ HPD 81>I5 e7cept
when the a!ount is !ini!al 9as prescribed in
PD 81>: where a personal canvass of at least
three responsible !erchants in the localit"
!a" be !ade b" the Co!!ittee on Awards5 or
in case of e!er/enc" purchases allowed
under PD 81>.
>>*
B. Powe( to Ente( into Cont(acts
ReMuisites of "ali! &unicipal cont(act%
(. 'he local /overn!ent units has the
e7press5 i!plied or inherent power to
enter into the particular contract.
1. 'he contract is entered in to b" the proper
depart!ent5 board5 co!!ittee5 officer or
a/ent. 4nless otherwise provided b" the
Code5 no contract !a" be entered into b"
the local chief e7ecutive on behalf of the
local /overn!ent unit without prior
authori0ation b" the san//unian
concerned.
2. 'he contract !ust co!pl" with certain
substantive re<uire!ents5 i.e.5 when
e7penditure of public fund is to be !ade5
there !ust be an actual appropriation and
a certificate of availabilit" of funds.
6. 'he contract !ust co!pl" with the for!al
re<uire!ents of written contracts5 e./. the
Statute of -rauds.
$lt(a Vi(es Cont(acts. hen a contract is entered
into without the co!pliance with the (
st
and 2
rd
re<uisites 9above:5 the sa!e is ultra ires and is
null and void. Such contract cannot be ratified or
validated. ,atification of defective !unicipal
contracts is possible onl" when there is nonE
co!pliance with the second and%or the fourth
re<uire!ents above. ,atification !a" either be
e7press or i!plied.
$n Jue=on City . 7e2ber, EGG', it was held that PD
(668 does not provide that the absence of
appropriation ordinance ipso fact !a.es a contract
entered into b" a local /overn!ent unit null and
void. Public funds !a" be disbursed not onl"
pursuant to an appropriation law5 but also in
pursuance of other specific statutor" authorit". 9$n
this case5 BP 22+5 the law which was then in force5
e!powered the ;a"or to represent the cit" in its
business transactions and si/n all warrants drawn
on the cit" treasur" and all bonds5 contracts and
obli/ations of the cit". hile the ;a"or has power to
appropriate funds to support the contracts5 neither
++2
Antonio :achura, ;utline on Political "aw, %/+ (2##+*
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SCHOOL OF LAW
ARIS S. MANGUERA
does BP 22+ prohibit hi! fro! enterin/ into
contracts unless and until funds are appropriated
therefor. B" enterin/ into the two contracts5 ;a"or
Si!on did not usurp the cit" council@s power to
provide for the proper disposal of /arba/e and to
appropriate funds therefor. 'he e7ecution of
contracts to address such a need is his statutor"
dut"5 3ust as it is the cit" council@s dut" to provide for
such service. 'here is no provision in the law that
prohibits the cit" !a"or for! enterin/ into contracts
for the public welfare unless and until there is a prior
authorit" for! the cit" council.:
Ot#e( Cases%
(. A contract of lease /rantin/ fishin/ privile/es is
a valid and bindin/ contract and cannot be
i!paired b" a subse<uent resolution settin/ it
aside and /ratin/ the privile/e to another.
94nless the subse<uent resolution is a police
!easure5 because the e7ercise of police power
prevails over the nonEi!pair!ent clause.:
9;anantan v. La 4nion5 *1 Phil *66:
1. A !unicipal 0onin/ ordinance5 as a police
!easure5 prevails over the nonEi!pair!ent
clause. 9Jrti/as v. -eati Ban.5 )6 SC,A 822:
2. Breach of contractual obli/ations b" the Cit" of
;anila renders the Cit" liable in da!a/es. 'he
principle of respondeat superior applies.
Aut#o(it) to ne*otiate an! secu(e *(ants. 9,A
+(>C5 Section 12: the local chief e7ecutive !a"5
upon authorit" of the san//unian5 ne/otiate and
secure financial /rants or donations in .ind5 in
support of the basic services and facilities
enu!erated in Section (+5 fro! local and forei/n
assistance a/encies without necessit" of securin/
clearance or approval for! and depart!ent
a/enc"5 or office of the national /overn!ent or
fro! an" hi/her local /overn!ent unitG Provided5
that pro3ects financed b" such /rants or assistance
with national securit" i!plications shall be
approved b" the national a/enc" concerned.
:. To e@e(cise suc# ot#e( powe(s as a(e
*(ante! to co(po(ations su+ect to t#e
li&itations p(o"i!e! in t#e Co!e an! ot#e( laws.
V. Municipal Liailit)
R$LE% LG4s and their officials are not e7e!pt
fro! liabilit" for death or in3ur" to persons or
da!a/e to propert" 9,A +(>C5 Section 16:
A. Specific P(o"isions of Law Ma9in* L/$s Liale
(. A(ticle 2376' Ci"il Co!e% 'he Local
Govern!ent 4nit is liable in da!a/es or
in3uries suffered b" reason of the defective
condition of roads5 streets5 brid/es5 public
buildin/s and other public wor.s.
Cit' of Manila v& ,eotico, EE SC9A EH*: 'he Cit"
of ;anila was held liable for da!a/es when a
person fell into an open !anhole in the streets of
the cit".
*imene1 v& Cit' of Manila, '5G SC9A 5'G:
Despite a !ana/e!ent and operatin/ contract
with Asiatic $nte/rated Corporation over the Sta.
Ana Public ;ar.et5 the Cit" of ;anila 9because of
;a"or Ba/atsin/@s ad!ission that the Cit" still has
control and supervision: is solidaril" liable for
in3uries sustained b" an individual who stepped on
a rusted nail while the !ar.et was flooded.
6uilatco v& Cit' of Da#upan, '*' SC9A 4)E:
Liabilit" of the Cit" for in3uries due to defective
roads attaches even if the road does not belon/ to
the local /overn!ent unit5 as lon/ as the Cit"
e7ercises control or supervision over said road.
1. A(ticle 237J D:
t#
pa(.E Ci"il Co!e% 'he State
is responsible when it acts throu/h a special
a/ent.
2. A(ticle GA' Ci"il Co!e% 'he local /overn!ent
unit is subsidiaril" liable for da!a/es suffered
b" a person b" reason of the failure or refusal
of a !e!ber of the police force to render aid
and protection in case of dan/er to life and
propert".
B. Liailit) fo( To(t
Despite the clear lan/ua/e of Section 165 ,A +(>C5
that local /overn!ent units and their officials are
not e7e!pt for! liabilit" for death or in3ur" to
persons or da!a/e to propert"5 it is still unclear
whether liabilit" will accrue when the local
/overn!ent unit is en/a/ed in /overn!ental
functions. Supre!e Court decisions5 interpretin/
le/al provisions e7istin/ prior to the effectivit" of
the Local Govern!ent Code5 have co!e up with
the followin/ rules on !unicipal liabilit" for tort=
(. $f the LG4 is en/a/ed in /overn!ental
functions5 it is not liableG
1. $f en/a/ed in proprietar" functionsG LG4 is
liable.
3. If t#e L/$ is en*a*e! in *o"e(n&ental
functions' it is not liale.
i. 'he prosecution of cri!es is a
/overn!ental function5 and thus5 the local
/overn!ent unit !a" not be held liable
therefor. 9Palafo7 v. Province of $locos
Dorte5 (C1 Phil ((*>:
ii. $n Municipality o# San -ernando . -irme,
'(5 SC9A H(E, the !unicipalit" was not
held liable for torts co!!itted b" a re/ular
e!plo"ee5 even if the du!p truc. used
belon/ to the !unicipalit"5 inas!uch as
the e!plo"ee was dischar/in/
/overn!ental 9public wor.s: functions.
iii. Deliver" of sand and /ravel for the
construction of !unicipal brid/e in the
e7ercise of the /overn!ental capacit" of
local /overn!ents. 'he !unicipalit" is not
liable for in3uries that arise in the
perfor!ance of /overn!ental functions.
(7a Lnion . -irme,'(5 SC9A H(E/
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SCHOOL OF LAW
ARIS S. MANGUERA
Note% -or liabilit" to arise under Article 1(*) of the
Civil Code5 ownership of the roads5 streets5
brid/es5 public buildin/s and other public wor.s is
not a controllin/ factor5 it bein/ sufficient that a
province5 cit" or !unicipalit" has control or
supervision thereof. Jn the other hand5 a
!unicipalit"@s liabilit" under Section (6) of the
()*2 Local Govern!ent Code for in3uries caused
b" its failure to re/ulate the drillin/ and e7cavation
of the /round for the la"in/ of /as5 water5 sewer5
and other pipes5 attaches re/ardless of whether the
drillin/ or e7cavation is !ade on a national or
!unicipal road5 for as lon/ as the sa!e is within its
territorial 3urisdiction. (Municipality o# San ;uan .
CA, 69 'E'(EG, G).G(.EGG5/
2. If en*a*e! in p(op(ieta() functions' L/$ is
liale
i. Jperation of a ferr" service is a
proprietar" function. 'he !unicipalit" is
ne/li/ent and thus liable for havin/
awarded the franchise to operate ferr"
service to another notwithstandin/ the
previous /rant of the franchise to the
plaintiff. 9;endo0a v. De Leon5 22 Phil
8C*:
ii. #oldin/ of town fiesta is a proprietar"
function. 'he ;unicipalit" of ;alasi/ue5
Pan/asinan was held liable for the death
of a !e!ber of the 0ar0uela /roup when
the sta/e collapsed5 under the principle o#
respondeat superior. HDote= 'he ;unicipal
Council !ana/ed the town fiesta. hile
the !unicipalit" was held liable5 the
councilors the!selves are not liable for
the ne/li/ence of their e!plo"ees or
a/ents.I 9'orio v. -ontanilla5 *8 SC,A
8)):
iii. 'he operation of a public ce!eter" is a
proprietar" function of the Cit" of ;anila.
'he Cit" is liable for the tortuous acts of
its e!plo"ees5 under the principle o#
respondeat superior.
iv. ;aintenance of ce!eteries is in the
e7ercise of the proprietar" nature of local
/overn!ents. 'he Cit" is liable for breach
of a/ree!ent. (City o# Manila . IAC, '*(
SC9A FE)/
v. .ia%ilit' for ille#al !ismissal of an
emplo'ee. $t was held that inas!uch as
there is no findin/ that !alice or bad faith
attended the ille/al dis!issal and refusal
to reinstate respondent Gentallan b" her
superior officers5 the latter cannot be held
personall" accountable for her bac.
salaries. 'he !unicipal /overn!ent
therefore5 should disburse funds to
answer for her clai!s 9bac. salaries and
other !onetar" benefits for! the ti!e of
her ille/al dis!issal up to her
reinstate!ent: resultin/ fro! dis!issal.
$n City o# Cebu . ;udge +iccio, ''G +hil
55), it was held that a !unicipal
corporation5 whether or not included in the
co!plaint for recover" of bac. salaries
due to wron/ful re!oval fro! office5 is
liable.
vi. .ocal officials ma' also %e hel!
personall' lia%le.
City o# Angeles . CA, EH' SC9A (G, where the
cit" officials ordered the construction of a dru/
rehabilitation center on the open space donate
b" the subdivision owner in violation of PD
(1(>5 the cost of the de!olition of the dru/
rehabilitation center should be borne b" the cit
officials who ordered the construction ecause
t#e) acte! e)on! t#e scope of t#ei(
aut#o(it) an! wit# e"i!ent a! fait#.
9#owever5 since the cit" !a"or and the
san//unian !e!bers were sued in their official
capacit"5 the" cannot be held personall" liable
without /ivin/ the! their da" in court.:
9ama . CA, 'F) SC9A F(H, the Provincial
/overnor and the !e!bers of the Provincial
Board where held liable in da!a/es in their
personal capacit" arisin/ for! the ille/al act of
dis!issin/ e!plo"ees in bad faith. W#e(e
t#e) act &aliciousl) an! wantonl) an!
in+u(e in!i"i!uals (at#e( t#an !isc#a(*e a
pulic !ut)' t#e) a(e pe(sonall) liale.
Correa . C-I 8ulacan, (E SC9A 4'E, the
;a"or who5 without 3ust cause5 ille/all"
dis!issed an e!plo"ee5 acted with /rave
abuse of authorit"5 and he not the ;unicipalit"
of Dor0a/ara"5 Bulacan5 is personall" liable.
'his liabilit" attaches even if5 at the ti!e of
e7ecution5 he is no lon/er the ;a"or.
Salcedo . CA, )' SC9A FG), the ;a"or5 for his
persistent defiance of the order of the CSC to
reinstate the e!plo"ee5 was held personall"
liable for the pa"!ent of bac. salaries.
+ilar . Sangguniang 8ayan o# :asol, 'E)
SC9A '*4, the ;a"or was held liable for
e7e!plar" and corrective da!a/es for vetoin/5
without 3ust cause5 the resolution of the
San//unian/ Ba"an appropriatin/ the salar" of
petitioner.
0emen=o . Sabillano, E5 SC9A ', ;a"or
Sabillano was ad3ud/ed personall" liable for
pa"!ent of bac. salaries of a police!an who
was ille/all" dis!issed. 'he ;a"or cannot hide
behind the !antle of his official capacit" and
pass the liabilit" to the ;uncipalit" of which he
is ;a"or.
San 7uis . CA, '()(, La/una Governor San
Luis was held personall" liable for !oral
da!a/es for refusin/ to reinstate Berro"a5
<uarr" superintendent5 despite the rulin/ of the
CSC as affir!ed b" the Jffice of the President.
C. Liailit) fo( Violation of Law
(. here the ;unicipalit" closed a part of a
!unicipal street without inde!nif"in/ the
person pre3udiced thereb"5 the ;unicipalit"
can be held liable for da!a/es. 9Abella v5
;unicipalit" of Da/a5 )C Phil 2*8:
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SCHOOL OF LAW
ARIS S. MANGUERA
1. Lac. of funds does not e7cuse the ;unicipalit"
fro! pa"in/ the statutor" !ini!u! wa/e of
P(1C a !onth to its e!plo"ees. 'he pa"!ent
of the !ini!u! wa/e is a !andator" statutor"
obli/ation of the ;unicipalit". 9,acho v.
;unicipalit" of $la/an5 $sabela:
2. 'he ;unicipalit" of Bunawan5 A/usan del Sur5
throu/h the ;a"or was held in conte!pt and
fined P(5CCC.CC with a warnin/5 because of the
refusal of the ;a"or to abide b" a ',J issued
b" the Court.
D. Liailit) fo( Cont(acts
(. ,ule= A !unicipal corporation5 li.e an ordinar"
person5 is liable on a contract it enters into5
provided that the contract is intra ires 9$f the
contract is ultra ires5 the !unicipal
corporation is not liable.:
1. A private individual who deals with a !unicipal
corporation is i!puted constructive .nowled/e
of the e7tent of the power or authorit" of the
!unicipal corporation to enter into contracts.
2. Jrdinaril"5 therefore5 the doctrine of estoppel
does not lie a/ainst the !unicipal corporation.
6. 'he !octrine of implie! municipal lia%ilit'"
A !unicipalit" !a" beco!e obli/ated upon an
i!plied contact to pa" the reasonable value of
the benefits accepted or appropriated b" it as
to which it has the /eneral powe( to cont(act.
9Province of Cebu v. $AC5 (6+ SC,A 66+: 'he
doctrine applies to all cases where !one" or
other propert" of a part" is received under
such circu!stances that the /eneral law5
independent of an e7press contract5 i!plies an
obli/ation to do 3ustice with respect to the
sa!e.
i. $t was held that the Province of Cebu
cannot set up the plea that the contract
was ultra ires and still retain benefits
thereunder.777 havin/ re/arded the
contract as valid for purposes of reapin/
benefits5 the Province of Cebu is
estopped to <uestion its validit" for the
purpose of den"in/ answerabilit".
9Province of Cebu v. $AC5 (6+ SC,A
66+:
ii. .% Does +roince o# Cebu . IAC,
reverse :e 6uia . Auditor 6eneral
where the Supre!e Court held that the
en/a/e!ent of the services of Att". De
Guia b" the ;unicipal Council of
;ondra/on5 Dorthern Sa!ar was ulra
vires5 because a !unicipalit" can
en/a/e the services of a private law"er
onl" if the Provincial -iscal is
dis<ualified fro! appearin/ as counsel
for the !unicipalit"R
A% Apparentl" not5 because in +roince
o# Cebu . IAC, the Province could not
possibl" en/a/e the le/al services of
the Provincial -iscal5 the latter havin/
ta.en a position adverse to the interest
of the Province for havin/ priorl"
rendered an opinion that the donation
was valid.
iii. Estoppel cannot be applied a/ainst a
!unicipal corporation in order to
validate a contract which the !unicipal
corporation has no power to !a.e or
which it is authori0ed to !a.e onl"
under prescribed li!itations or in a
prescribed !ode or !annerNeven if
the !unicipal corporation has accepted
benefits therunder. $n San :iego .
Municipality o# 0au?an, the SC re3ected
the doctrine of estoppels5 because to
appl" the principle would enable the
!unicipalit" to do indirectl" what it
cannot do directl".
iv. $n Muncipality o# +ililia 9i=al . CA,
where the SC said that the !unicipalit"
cannot be represented b" a private
attorne". Jnl" the Provincial -iscal or
the ;uncipal Attorne" can represent a
province of !unicipalit" in lawsuits. 'his
is !andator". 'he !unicipalit"@s
authorit" to e!plo" a private law"er is
li!ited to situations where the Provincial
-iscal is dis<ualified to represent it5 and
the fact of dis<ualification !ust appear
on record. 'he -iscal@s refusal to
represent the !unicipalit" is not a le/al
3ustification for e!plo"in/ the services
of private counselG the !unicipalit"
should re<uest the Secretar" of &ustice
to appoint an Actin/ Provincial -iscals
in place of the one who declines to
handle the case in court.
v. But if the suit is filed a/ainst a local
official which could result in personal
liabilit" of the said public official5 the
latter !a" en/a/e the services of
private counsel. 9;ancenido v. CA5
1CCC:
VI. Local Officials
A. Natu(e of Office DA*(a NotesE
(. A local chief e7ecutive is considered an
accountable public officer as defined under the
,evised Penal Code since he% she5 in the
dischar/e of his% her office5 receives !one" or
propert" of the /overn!ent which he% she is dut"
bound to account for. 'hus5 a local chief e7ecutive
is /uilt" of !alversation upon findin/ that he% she
received public funds and was unable to
satisfactoril" account for the sa!e. (!anggote .
Sandiganbayan, 69 'G45)F, G(.GE.(F/
1. A local chief e7ecutive is !andated to abide b"
Article $ of Section 6669b:97: of ())( Local
Govern!ent Code which directs e7ecutive officials
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SCHOOL OF LAW
ARIS S. MANGUERA
and e!plo"ees of the !unicipalit" to faithfull"
dischar/e their duties and functions as provided
b" law. (<elasco . Sandiganbayan, 69 'HG((',
GE.E).EGG5/
2. 'he ()*+ Constitution provides that no elective
official shall be eli/ible for appoint!ent or
desi/nation in an" capacit" to an" other public
office or position durin/ his% her tenure in order
that the" !a" serve fullEti!e with dedication.
'hus5 a local chief e7ecutive cannot be appointed
as chairperson of the Subic Ba" ;etropolitan
Authorit" since such office is not an e2 o##icio post
or attached to the office of the local chief
e7ecutive. (-lores . :rilon, 69 'GF*4E, GH.EE.(4/
6. 'he !unicipal !a"or5 bein/ the appointin/
authorit"5 is the real part" in interest to challen/e
the Civil Service Co!!issionYs disapproval of the
appoint!ent of his% her appointee. 'he CSCYs
disapproval of an appoint!ent is a challen/e to
the e7ercise of the appointin/ authorit"Ys
discretion. 'he appointin/ authorit" !ust have the
ri/ht to contest the disapproval. (:agadag .
!ongnawa, 69 'H''HHBH*, GE.G4.EGG5/
8. 'he !unicipal !a"or5 not the !unicipalit" alone
!ust be i!pleaded in a petition assailin/ the
dis!issal of an e!plo"ee who! he%she appointed
even if the !a"or acted in his%her official capacit"
when he dis!issed the respondent. $f not
i!pleaded5 he%she cannot be co!pelled to abide
b" and co!pl" with its decision5 as the sa!e
would not be bindin/ on hi!%her. (Ciil Serice
Commission . Sebastian, 69 'H'*44,
'G.''.EGG5/
>. A proclai!ed candidate who was later on
dis<ualified has no le/al personalit" to institute an
action see.in/ to nullif" a decision of the Civil
Service Co!!ission concernin/ the dis!issal of
!unicipal e!plo"ees since he% she is not a real
part" in interest. (Miranda . Carreon, 69 'F45FG,
GF.''.EGG4/
+. 'he cit" treasurer is the proper disciplinin/
authorit" in the case of a local revenue officer5 the
for!er bein/ the head of a/enc". (6arcia .
+a?aro, 69 'F''((, G*.G5.EGGE/
*. A punon/ baran/a" cannot ter!inate the services
of the baran/a" treasurer and secretar" without
the concurrence of san//unian/ baran/a" since
this is e7plicitl" re<uired under Section 2*) of the
())( Local Govern!ent Code. (Al%ui=ola . 3col,
69 '4EF'4, G).E*.((/
B. P(o"isions Applicale to Electi"e an! Appointi"e
Local Officials
Prohi%ite! )usiness an! Pecuniar' Interest 9,A
+(>C5 Section *):= $t shall be unlawful for an" local
/overn!ent official or e!plo"ee5 directl" or
indirectl" to=
(. En/a/e in an" business transaction with the
local /overn!ent unit in which he is an official
or e!plo"ee or over which he has the power of
supervision5 or with an" of its authori0ed
boards5 officials5 a/ents or attorne"s5 whereb"
!one" is to be paid5 or propert" or an" other
thin/ of value is to be transferred5 directl" or
indirectl"5 out of the resources of the local
/overn!ent unit to such person or fir!G
1. #old such interests in an" coc.pit or other
/a!es licensed b" the local /overn!ent unitG
2. Purchase an" real estate or other propert"
forfeited in favor of the local /overn!ent unit
for unpaid ta7es or assess!ent5 or b" virtue of
a le/al process at the instance of the local
/overn!ent unitG
6. Be a suret" of an" person contractin/ or doin/
business with the local /overn!ent unit for
which a suret" is re<uiredG and
8. Possess or use an" public propert" of the local
/overn!ent unit for private purposes.
>. 'he prohibitions and inhibitions prescribed in
,A >+(2 also appl".
P(actice of P(ofession 9Section )C5 ,A +(>C:
(. All /overnors5 cit" and !unicipal !a"ors are
prohibited for! practicin/ their profession or
en/a/in/ in an" occupation other than the
e7ercise of their function as local chief
e7ecutives.
1. San//unian !e!bers !a" practice their
profession5 en/a/e in an" occupation5 or teach
in schools e7cept durin/ session hours5
Provided5 that those who are also !e!bers of
the Bar shall not 9i: appear as counsel before
an" court in an" civil case wherein the local
/overn!ent unit or an" office5 a/enc" or
instru!entalit" of the /overn!ent is the
adverse part"G 9ii: appear as counsel in an"
cri!inal case wherein an officer or e!plo"ee
of the national or local /overn!ent is accused
of an offense co!!itted in relation to his
officeG 9iii: collect an" fee for their appearance
in ad!inistrative proceedin/s involvin/ the
LG4 of which he is an officialG and 9iv: use
propert" and personnel of the /overn!ent
e7cept when the san//unian !e!ber
concerned is defendin/ the interest of the
/overn!ent.
$t was held that b" appearin/ as counsel for
dis!issed e!plo"ees5 Cit" Councilor &avellana
violated the prohibition a/ainst en/a/in/ in
private practice if such practice represents
interests adverse to the /overn!ent. 9&avellana
v. D$LG5 1(1 SC,A 6+8:
2. Doctors of !edicine !a" practice their
profession even durin/ official hours of wor.
onl" on occasion of e!er/enc"5 provided the"
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SCHOOL OF LAW
ARIS S. MANGUERA
do not derive !onetar" co!pensation
therefro!.
$t was held that D$LG ;e!orandu! Circular
Do. )CE*( does not discri!inate a/ainst
law"ers and doctorsG it applies to all provincial
and !unicipal officials. 9&avellana v. D$LG5 1(1
SC,A 6+8:
P(o#iition A*ainst Appoint&ent 9,A +(>C5
Section )6:
(. Do elective or appointive local official shall be
eli/ible for appoint!ent or desi/nation in an"
capacit" to an" public office or position durin/
his tenure. 4nless otherwise allowed b" law or
b" the pri!ar" functions of his office5 no local
official shall hold an" other office or
e!plo"!ent in the /overn!ent or an"
subdivision5 a/enc" or instru!entalit" thereof5
includin/ GJCCs or their subsidiaries. 9,elate
this to Section +5 Article $SEB:
1. E7cept for losin/ candidates in baran/a"
election5 no candidate who lost in an" election
appointed to an" office in the /overn!ent of
GJCC or their subsidiaries. 9,elate this to
Section >5 Article $SEB:
C. Electi"e Local Officials
Juali#ications
:is%uali#ications
Manner o# 1lection
:ate o# 1lection
!erm o# 3##ice
9ules o# Succession
Compensation
9ecall
9esignation
6rieance +rocedure
:iscipline
Cases on 3##enses (Agra 0otes/
Cases on +rocedure (Agra 0otes/
Complaints
+reentie Suspension
+enalty (Agra 0otes/
Administratie Appeal
12ecution +ending Appeal
;urisdiction o# Sandiganbayan (Agra 0otes/
1##ect o# 9eBelection
3. .ualifications 9,A +(>C5 Section 2):
(. Citi0en of the PhilippinesG
1. ,e/istered Voter in the baran/a"5
!unicipalit"5 cit" or province5 or in the
case of a !e!ber of the san//unian/
panlalawi/an5 panlun/sod or ba"an5 the
district where he intends to be electedG
2. A resident therein for at least ( "ear
i!!ediatel" precedin/ the election@
6. Able to read and write -ilipino or an" other
local lan/ua/e or dialectG
8. Jn the election da"5 !ust be at least 12
"ears of a/e Hfor /overnor5 viceE/overnor5
!e!ber of the san//unian/
panlalawi/an5 !a"or5 vice !a"or5 or
!e!ber of the ssan//unian/ panlun/sd
of hi/hl" urbani0ed citiesIG 1( "ears of a/e
Hfor !a"or or vice !a"or of independent
co!ponent cities5 co!ponent cities5 or
!unciplaitiesIG (* "ears of a/e Hfor
!e!ber of the san//unian/ panlun/sod
or sa//unian/ ba"an5 or punon/
baran/a" or !e!ber of the san//unian/
baran/a"I5 or at least (8 but not !ore
than 1( "ears of a/e Hcandidates for the
san//unian/ .abataanI
i. 'he LGC does not specif" an" particular
date when the candidate !ust posses
-ilipino citi0enship. Philippine citi0enship
is re<uired to ensure that no alien shall
/overn our people. An official be/ins to
/overn onl" upon his procla!ation and
on the da" that his ter! be/ins. Since
-rivaldo too. his oath of alle/iance the
da" that his ter! be/ins. Since -rivaldo
too. his oath of alle/iance on &une 2C5
())85 when his application for
repatriation was /ranted b" the Sepcial
Co!!ittee on Daturali0ation created
under PD *185 he was therefore <ualified
to be proclai!ed. Besides5 Section 2C of
the LGC spea.s of <ualifications of
elective officials5 not of candidates.
-urther!ore5 repatriation retroacts to the
date of the filin/ of his application on
Au/ust (+5 ())6. 9-rivaldo v. CJ;ELEC5
18+ SC,A +1+:
ii. $n Alta?eros . C3M171C, EGGF, the
petitioner too. his oath of alle/iance on
Dece!ber (+5 ())+5 but his Certificate of
,epatriation was re/istered with the Civil
,e/istr" of ;a.ati Cit" onl" after > "ears5
or on -ebruar" (*5 1CC65 and with the
Bureau of $!!i/ration on ;arch (5 1CC65
thus co!pletin/ the re<uire!ents for
repatriation onl" after he filed his
certificate of candidac"5 but before the
election. Jn the issue of whether he was
<ualified to run for ;a"or of San &acinto5
;asabate5 the Court applied the rulin/ in
-rialdo5 that repatriation retroacts to the
date of filin/ of the application for
repatriation. Petitioner was5 therefore5
<ualified to run for ;a"or.
iii. Petitioner who was over 1( "ears of a/e
on the da" of the election was ordered
dis<ualified b" the SC when the latter
re3ected the contention of the petitioner
that she was <ualified because she was
less than 11 "ears old. 'he phrase Anot
!ore than 1( "ears oldB is not e<uivalent
to Aless than 11 "ears old.B 9Garvida v.
Sales5 1+( SC,A +>+:
2. DisMualifications 9,A +(>C5 Section 6C:
'he followin/ are dis<ualified fro! runnin/ for
an" elective local position=
(. 'hose sentenced b" final 3ud/!ent for an
offense involvin/ !oral turpitude or for an
offense punishable b" one "ear or !ore of
(*1
SCHOOL OF LAW
ARIS S. MANGUERA
i!prison!ent5 within two "ears after
servin/ sentenceG
1. 'hose re!oved fro! office as a result of
an ad!inistrative caseG
2. 'hose convicted b" final 3ud/!ent for
violatin/ the oath of alle/iance to the
,epublic.
6. 'hose with dual citi0enship
>>)
G
8. -u/itives fro! 3ustice in cri!inal or nonE
political cases here or abroadG
>. Per!anent residents in a forei/n countr"
or those who have ac<uired the ri/ht to
reside abroad and continue to avail of the
sa!e ri/ht after the effectivit" of the CodeG
+. 'he insane or feebleE!inded.
i. Violation of the AntiE-encin/ Law involves
!oral turpitude5 and the onl" le/al effect of
probation is to suspend the
i!ple!entation of the sentence. 'hus5 the
dis<ualification still subsists. 9De la 'orre
v. CJ;ELEC5 18* SC,A 6*2: Li.ewise5
violation of BP 11 is a cri!e involvin/
!oral turpitude5 because the accused
.nows at the ti!e of the issuance of the
chec. that he does not have sufficient
funds in 5 or credit with5 the drawee ban.
for pa"!ent of the chec. in full upon
present!ent. 9Villaber v. CJ;ELEC5
1CC(:
ii. Article +2 of the ,ules $!ple!entin/ ,A
+(>C5 to the e7tent that it confines the
ter! Afu*iti"e f(o& +usticeB to refer onl"
to a person Awho has been convicted b"
final 3ud/!entB is an inordinate an undue
circu!scription of the law. 'he ter!
includes not onl" those who flee after
conviction to avoid punish!ent5 but
li.ewise those who5 after bein/ char/ed5
flee to avoid prosecutionB.
$n 9odrigue= . C3M171C, E5( SC9A
E(H, it was held that ,odriue0 cannot be
considered a Afu/itive fro! 3usticeB5
because his arrival in the Philippines for!
the 4S preceded b" at least five !onths
the filin/ of the felon" co!plaint in the Los
An/eles Court and the issuance of the
warrant for his arrest b" the sa!e forei/n
court.
iii. Section 6C5 ,A +(>C5 cannot appl"
retroactivel". 'hus5 an elective local official
who was re!oved fro! office as a result
of an ad!inistrative case prior to &anuar"
(5 ())1 9date of LGC@s effectivit": is not
dis<ualified for! runnin/ for elective local
office 9Gre/o v. CJ;ELEC
$n 9eyes . C3M171C, E5F SC9A 5'F,
the SC ruled that the petitioner5 a
;unicipal ;a"or who had been ordered
re!oved fro! office b" the San//unian
Panlalawi/an5 was dis<ualified5 even as
he alle/ed that the decision was not "et
final because he had not "et received a
cop" of the decision. $t was shown5
++$
0nterpreted in the case of 4ercado v. 4an)ano, &#/ !C=A +&#*.
however5 that he !erel" refuse to accept
deliver" of the cop" of the decision.
iv. $n Mercado . Man=ano, 4G* SC9A H4G,
the SC clarified the Adual citi0enshipB
dis<ualification5 and reconciled the sa!e
with Section 85 Article $V of the
CJnsitution on Adual alle/ianceB.
,eco/ni0in/ situation in which a -ilipino
citi0en !a"5 without perfor!in/ an" act
and as an involuntar" conse<uence of the
conflictin/ laws of different countries5 be
also a citi0en of another State5 the Court
e7plained that Adual citi0enshipB5 as a
dis<ualification5 !ust refer to citi0ens with
Adual alle/ianceB. Conse<uentl"5 persons
with !ere dual citi0enship do not fall
under the dis<ualification.
G. Manne( of Election 9,A +(>C5 Section 6(:
(. 'he /overnor5 viceE/overnor5 cit" or
!unicipal !a"or5 cit" or !unicipal viceE
!a"or and punon/ baran/a" shall be
electe! at la(*e in their respective units.
'he san//unian/ .abataan chair!an
shall be elected b" the re/istered voters of
the .atipunan n/ .abataan.
1. 'he re/ular !e!bers of the san//unian/
panlalawi/an5 panlun/sod and ba"an
shall be elected b" district as !a" be
provided b" law. 'he presidents of the
lea/ues of san//unian !e!bers of
co!ponent cities and !unicipalities shall
serve as e2 o##icio !e!bers of the
sanffunian/ panlalawi/an concerned. 'he
presidents of the li/a n/ !/a baran/a"
and the pederas"on n/ !/a san//unian/
.abataan elected b" their respective
chapters5 shall serve e2 o##icio !e!bers
of the san//unian/ panlalawi/an5
panlun/sod or ba"an.
A(ticle I' Section 6. Le/islative bodies of local
/overn!ents shall have sectoral representation
as !a" be prescribed b" law.
2. $n addition5 there shall be one sectoral
representative fro! the wo!en5 one fro!
the wor.ers5 and one fro! an" of the
followin/ sectors= urban poor5 indi/enous
cultural co!!unities5 disabled persons5 or
an" other sector as !a" be deter!ined b"
san//unian concerned within )C da"s
prior to the holdin/ of the ne7t local
elections as !a" be provided b" law. 'he
Co!elec shall pro!ul/ate the rules and
re/ulations to effectivel" provide for the
election of such sectoral representatives.
A. Date of Election
Ever" three "ears on the second ;onda" of ;a"5
unless otherwise provided b" law.
B. Te(& of Office
'hree "ears5 startin/ fro! noon of &une 2C5 ())15
or such date as !a" be provided b" law5 e7cept
(*2
SCHOOL OF LAW
ARIS S. MANGUERA
that of elective baran/a" officials. Do local elective
official shall serve for !ore than three consecutive
ter!s in the sa!e position. 'he ter! of office of
baran/a" officials and !e!bers of the
san//unian/ .abataan shall be for five 98: "ears5
which shall be/in after the re/ular election of
baran/a" officials on the second ;onda" of ;a"5
())+. 9,A *816:
A(ticle I' Section 7. 'he ter! of office of elective local
officials5 e7cept baran/a" officials5 which shall be
deter!ined b" law5 shall be three "ears and no such
official shall serve for !ore than three consecutive ter!s.
Voluntar" renunciation of the office for an" len/th of ti!e
shall not be considered as an interruption in the continuit"
of his service for the full ter! for which he was elected.
.% Due to incu!bent !a"or@s death5 the viceE!a"or
succeeds to the office of !a"or b" operation of law and
serves the re!ainder of the !a"or@s ter!. $s he
considered to have served a ter! in that office for the
purpose of the threeEter! li!itR
A% Do. Section of Article S e!bodies two policies5 vi0.=
9(:to prevent political d"nasties and
91: to enhance the freedo! of choice of the people. T#e
te(& li&it of electi"e officials &ust e ta9en to (efe(
to t#e (i*#t to e electe! as well as t#e (i*#t to se("e
in t#e sa&e electi"e position. Conse<uentl"5 it is not
enou/h that an individual sered three consecutive ter!s
in an elective local office5 he !ust also been elected to
the sa!e position for the sa!e nu!ber of ti!es before
the dis<ualification can appl".
H*G
.% hen will the threeEli!it of local elective officialsE
e7cept baran/a" officialsE appl"R
A% Jnl" when these two conditions concur=
(. 'he local official concerned has been electe!
three consecutive ti!esG and
1. #e has full" se("e! three consecutive ter!s.
9Bor3a v. CJ;ELEC5 ())*:
SC !e"ise! scena(ios to e@plain t#e
application of A(ticle I' Section 7 in )or5a v&
COME.EC"
.% Suppose A is a viceE!a"or who beco!es !a"or b"
reason of the death of the incu!bent. Si7 !onths
before the ne7t election5 he resi/ns and is twice
elected thereafter. Can he run a/ain for !a"or in the
ne7t electionR
A% Tes5 because althou/h he has alread" first served
as !a"or b" succession and subse<uentl" resi/ned
fro! office before the full ter! e7pired5 he has not
actuall" served there full ter!s in all for the purpose of
appl"in/ the ter! li!it. 4nder Art. S5 Section *5
voluntar" renunciation of office is not considered as an
interruption in the continuit" of his service for the full
ter! onl" if the ter! is one Afor which he was elected.B
Since A is onl" co!pletin/ the service of the ter! for
which the deceased and not he was elected5 A cannot
be considered to have co!pleted one ter!. #is
resi/nation constitutes an interruption of the full ter!.
9Bor3a v. CJ;ELEC5 ())*:
.% Suppose B is elected !a"or and5 durin/ his ter!5
he is twice suspended for !isconduct for a total of (
+/#
,or5a v. C;49"9C, 1$$2
"ear. $f he is twice reEelected after that5 can he run for
one !ore ter! in the ne7t electionR
A% Tes5 because he has served onl" twoEfull ter!s
successivel". 9Bor3a v. CJ;ELEC5 ())*: Be(nas% It is
submitted that this is not correct. Suspension does not
interrupt his term nor in #act his tenure because the
o##ice still belongs to him during suspension.
Moreoer, the Courts solution rewards wrong doing.
.% 'he case of viceE!a"or C who beco!es !a"or b"
succession involves a total failure of the two conditions
to concur for the purpose of appl"in/ Article S5 Section
*. Suppose he is twice elected after that ter!5 is he
<ualified to run a/ain in the ne7t electionR
A% Tes5 because he was not elected to the office of the
!a"or in the first ter!s but si!pl" found hi!self thrust
into it b" operation of law. Deither had he served the
full ter! because he onl" continued the service5
interrupted b" the death5 of the deceased !a"or.
Cu((ent Rules on Te(& Li&its%
(. Lon0anida was elected ;a"or to a third ter!. #is
election was challen/ed5 however5 and he lost and had
to abandon his office. #e could still run in the ne7t
election "ear because he did not serve three full
ter!s.
>+(
1. 'ala/a lost when he ran for a third ter!. 'he
winner5 however5 lost to hi! in a recall election and he
served the rest of the for!er winner@s ter!. At the end
of this ter! he could run a/ain because he had not
served three full ter!s.
>+1
2. #a/edorn served as ;a"or for three full ter!s. $n
the first "ear after the end of his third ter!5 he ran in a
recall election. QualifiedR Tes5 because between the
end of his third ter! and the recall election there was
an interruption thus brea.in/ the successiveness.
>+2
6. Durin/ the third ter! of a ;a"or of a !unicipalit"5
the !unicipalit" was converted to a cit". 'he ;a"or
was allowed to finish the third ter!. Could he run as
;a"or of the cit" in the ne7t electionR Do. 'here has
been no chan/e in territor" nor in constituenc". 'hus
the three ter! li!it applies.
>+6
8. hen a !unicipal councilor assu!ed the office of
ViceE;a"or respondent@s assu!ption of office as viceE
!a"or in &anuar" 1CC6 b" operation of law5 it was an
involuntar" severance fro! his office as !unicipal
councilor resultin/ in an interruption in the service of
his 1CC(E1CC6 ter!. #e did not serve the full 1CC(E
1CC6 ter!.
>+8
>. After servin/ a full three "ear ter!5 Ale/re was
declared to have been invalidl" elected. Should that
ter! be counted for purposes of the three ter! li!itR
Tes. 'he decision declarin/ hi! not elected is of no
practical conse<uence because he has alread"
served.
>+>
.% ,A +(>C5 Section 62Ec li!its the ter! of office of
baran/a" official to three "ears. Petitioners ar/ue that
+/1
Lon&anida v Comelec! @.=. :o. 1&%1%#. 1ul- 22, 1$$$.
+/2
Adormeo v Comelec! @.=. :o. 14/$2/. Februar- 4, 2##2.
+/&
Socrates v Comelec! @.=. :o. 1%4%12. :ovember 12, 2##2.
+/4
Latasa v. Comelec. @.=. :o. 1%422$. December 1#, 2##&.
+/%
Montebon v COMELEC! @.=. :o. 12#444, April 2, 2##2.
+/+
;ng v. Alegre, @.=. :o. 1+&2$%, 1anuar- 2&, 2##+3 =ivera 000 v.
4orales, @= 1+/%$1, 4a- $, 2##/.
(*6
SCHOOL OF LAW
ARIS S. MANGUERA
Section *5 Article S Ab" e7ceptin/ baran/a" officials
whose ?ter!s shall be deter!ined law@ fro! the /eneral
provision fi7in/ the ter! of ?elective local officials@ at three
"ears5B i!pliedl" prohibits Con/ress for! le/islatin/ a
threeE"ear ter! for such officers. 'hus5 Section 62EC of
,A +(>C is unconstitutional. Decide.
A% 'he Constitution did not e7pressl" prohibit Con/ress
fro! fi7in/ an" ter! of office of baran/a" officials. 9David
v. CJ;ELEC5 ())+:
.% #ow lon/ then is the ter! of baran/a" officialsR
A% As !a" be deter!ined b" law. And the Local
Govern!ent Code5 Section 62Ec li!its their ter! to three
"ears.
2JJ: Ba( .uestion. .a fi$in# the terms of
local elective officials&
.%State whether or not the law is constitutional.
E7plain briefl".
AA law fi7in/ the ter!s of local elective officials5
other than baran/a" officials5 to > "ears.B
Su**este! Answe(= 'he law is invalid. 4nder
Article S5 Section * of the ()*+ Constitution5 Lthe
ter! of office of elective local officials5 e7cept
baran/a" officials5 which shall be deter!ined b"
law5 shall be three "ears and no such official shall
serve for !ore than three consecutive ter!s.L 'he
law clearl" /oes a/ainst the aforesaid constitutional
re<uire!ent of three "ear ter!s for local officials
e7cept for baran/a" officials.
:. Rules of Succession 9,A +(>C5 Sections 666E
6>:
Pe(&anent VacanciesH A per!anent vacanc"
arises when an elective local officials fills hi/her
vacant office5 refuses to assu!e office5 fails to
<ualif"5 dies5 is re!oved fro! office5 voluntaril"
resi/ns5 or is per!anentl" incapacitated to
dischar/e the functions of his office. $f a per!anent
vacanc" occurs in the office of=
(. Governor or !a"or5 the viceE/overnor or viceE
!a"or concerned shall beco!e the /overnor
or !a"or.
1. ViceE/overnor or viceE!a"or5 the hi/hest
ran.in/ san//unian !e!ber or5 in case of
per!anent inabilit"5 the second hi/hest
ran.in/ san//unian !e!ber5 and subse<uent
vacancies shall be filled auto!aticall" b" the
other san//unian !e!bers accordin/ to their
ran.in/. ,an.in/ in the san//unian shall be
deter!ined on the basis of the proportion of
votes obtained b" each winnin/ candidate to
the total nu!ber of re/istered voters in each
district in the i!!ediatel" precedin/ election.
a: $n <ictoria . Comelec, EE( SC9A EH(, the SC
re3ected the contention that this provision be
interpreted b" factorin/ the nu!ber of the
voters who actuall" voted5 because the law is
clear and !ust be appliedNand the courts !a"
not speculate as the probable intent of the
le/islature apart for! the words used in the
law.
b: $n Men=on . +etilla, '(* SC9A E5', it was held
that this !ode of succession for per!anent
vacancies !a" also be observed in the case of
te!porar" vacancies in the sa!e office.
2. Punon/ baran/a"5 the hi/hestEran.in/
san//unian baran/a" !e!ber5 or in case of
his per!anent inabilit"5 the second hi/hest
ran.in/ baran/a" !e!ber. HDote= A tie
between or a!on/ the hi/hest ran.in/
san//unian !e!bers shall be resolved b"
drawin/ of lots.I
6. San//unian/ !e!ber5 where auto!atic
succession provided above do not appl"= filled
b" appoint!ent b" the President5 throu/h the
E7ecutive Secretar" in the case of the
San//unian Panlalawi/an or san//unian
panlun/sod of hi/hl" urbani0ed cities and
independent co!ponent citiesG b" the
Governor in the case of the san//unian/
panlun/sod of co!ponent cities and
san//unian/ ba"anG and b" the cit" or
!unicipalit" !a"or in the case of san//unian/
baran/a" upon reco!!endation of the
san//unian/ baran/a" concerned.
#owever5 e7cept for the san//unian/
baran/a"5 onl" the no!inee of the political
part" under which the san//unian !e!ber
concerned had been elected and whose
elevation to the position ne7t hi/her in ran.
created the last vacanc" in the san//unian
shall be appointed.
A no!ination and a certificate of !e!bership
of the appointee fro! the hi/hest official of the
political part" concerned are conditions sine
<ua non5 and an" appoint!ent without such
no!ination and certificate shall be null and
void and shall be a /round for ad!inistrative
action a/ainst the official concerned.
$n case the per!anent vacanc" is caused b" a
san//unian/ !e!ber who does not belon/ to
an" political part"5 the local chief e7ecutive
shall upon the reco!!endation of the
san//unian concerned5 appoint a <ualified
person to fill the vacanc".
a* 'he reason behind the ri/ht /iven to a political
part" to no!inate a replace!ent when a
per!anent vacanc" occurs in the San//unian
is to !aintain the part" representation as willed
b" the people in the election. 9$n this case5 with
the elevation of 'a!a"o5 who belon/ed to
9e#ormaB7M to the position of Vice ;a"or5 a
vacanc" occurred in the San//uninan that
should be filled up with so!eone who belon/s
to the political part" of 'a!a"o. Jtherwise5
9e#ormaB7Ms representation in the
San//unian would be di!inished. 'o ar/ue that
the vacanc" created was that for!erl"held b"
the *
th
San//unian !e!ber5 a 7akasB0LC:B
Aampi !e!ber5 would result in the increase in
that part"@s representation in the San//unian at
the e7pense of 9e#ormaB7M. 9Davarro v. CA5
1CC(:
b: 'he appoint!ent to an" vacanc" caused b" the
cessation fro! office of a !e!ber of the
san//unian/ baran/a" !ust be !ade b" the
!a"or upon the reco!!endation of the
(*8
SCHOOL OF LAW
ARIS S. MANGUERA
san//unian. 'he reco!!endation b" the
san//unian ta.es the place of no!ination b"
the political part" 9since !e!bers of the
san//unian/ baran/a" are prohibited to have
part" affiliations: and is considered as a
condition sine <ua non for the validit" of the
appoint!ent.
$n -arinas . 8arba, E5H SC9A 4(H, where
vacanc" to be filled was that of a !e!ber of
the San//unian/ Ba"an who did not belon/ to
an" political part"5 the SC held that neither the
petitioner nor the respondent was validl"
appointed. Dot the petitioner5 because althou/h
he was appointed b" the Governor5 he was not
reco!!ended b" the San//unian Ba"an.
Deither the respondent5 because althou/h he
was reco!!ended b" the San//unian Ba"an5
he was not appointed b" the Governor.
8. Vacanc" in the representation of the "outh and
the baran/a" in the san//unian= filled
auto!aticall" b" the official ne7t in ran. of the
or/ani0ation concerned.
$n 6arida . Sales5 1+( SC,A +>+5 the SC
pointed out that under the LGC5 the !e!ber of
the San//unian/ Mabataan who obtained the
ne7t hi/hest nu!ber of votes shall succeed the
Chair!an if the latter refuses to assu!e office5
fails to <ualif"5 is convicted of a cri!e5 voluntar"
resi/ns5 dies is per!anentl" incapacitated5 is
re!oved fro! office5 or has been absent
without leave for !ore than three consecutive
!onths. $neli/ibilit" is not one of causes
enu!erated in the Local Govern!ent Code.
'hus5 to avoid hiatus in the office of the
Chair!an5 the vacanc" should be filled b" the
!e!bers of the San//unian/ Mabataan
chosen b" the incu!bent SM !e!bers b"
si!ple !a3orit" fro! a!on/ the!selves.
Ot#e( Cases on ;Succession?
(. ViceE/overnor actin/ as /overnor cannot
continue to preside over san//unian/
panlalawi/an sessions while actin/ as such.
(6amboa . Aguirre, 69 '4FE'4, G*.EG.((/
1. 4nder Section 6669b:9(:97iv: of the ())( Local
Govern!ent Code5

applications for leave of
!unicipal officials and e!plo"ees appointed
b" the ;a"or shall be acted upon b" hi!%her5
not b" the Actin/ ViceE;a"or. (Ciil Serice
Commission . Sebastian, 69 'H'*44,
'G.''.EGG5/
2. $n case of vacanc" in the San//unian/ Ba"an5
the no!inee of the part" under which the
!e!ber concerned was elected and whose
elevation to the hi/her position created the last
vacanc" will be appointed. 'he last vacanc"
refers to that created b" the elevation of the
councilor as viceE!a"or. 'he reason behind
the rule is to !aintain part" representation.
(0aarro . Court o# Appeals, 69 'F'4G*,
G4.E).EGG'/
F. !he ranking in the sanggunian shall be
determined on basis o# the proportion o# the
otes obtained by each winning candidate to
the total number o# registered oters. !he law
does not proide that the number o# otes who
actually oted must be #actored in the ranking.
9Victoria v. Co!elec5 G, (C)CC85 C(.(C.)6:
8. 'he prohibition on !idni/ht appoint!ents onl"
applies to presidential appoint!ents. 'here is
no law that prohibits local elective officials fro!
his% her tenure. (:e 9ama . Court o# Appeals,
454 SC9A (F/
H. In accordance with Section FF o# the '(('
7ocal 6oernment Code, the highest ranking
sangguniang barangay member, not the
second placer, who should become the
punong barangay in case the winning
candidate is ineligible. 9Bautista v. Co!elec5
G, (86+)>5 (C.12.1CC2G ,oral <are v&
Comelec- 6R :FIF;GA :FIF;I- H9&;>&;HH9:
Te&po(a() Vacancies
1. hen the /overnor5 cit" or !unicipal !a"or5 or
punon/ baran/a" is te!poraril" incapacitated
to perfor! his duties for ph"sical or le/al
reasons such as5 but not li!ited to5 leave of
absence5 travel abroad and suspension for!
office5 the vice /overnor5 cit" or !unicipal vice
!a"or5 or the hi/hest ran.in/ san//unian
baran/a" !e!ber shall auto!aticall" e7ercise
the powers and perfor! the duties and
functions of the local chief e7ecutive
concerned5 e7cept the power to appoint5
suspend5 or dis!iss e!plo"ees which can be
e7ercised onl" if the period of te!porar"
incapacit" e7ceeds thirt" wor.in/ da"s. 9Said
te!porar" incapacit" shall ter!inate upon
sub!ission to the appropriate san//unian of a
written declaration that he has reported bac.
to office. $n case the te!porar" incapacit" is
due to le/al causes5 the local chief e7ecutive
concerned shall also sub!it necessar"
docu!ents showin/ that the le/al causes no
lon/er e7ists.:
1. hen the local chief e7ecutive is travellin/
within the countr" but outside this territorial
3urisdiction for a period not e7ceedin/ three
consecutive da"s5 he !a" desi/nate in writin/
the officerEinEchar/e of the said office. Such
authori0ation shall specif" the powers and
functions that the local official shall e7ercise in
the absence of the local chief e7ecutive5
e7cept the power to appoint5 suspend or
dis!iss e!plo"ees. 9$f the local chief e7ecutive
fails or refuses to issue such authori0ation5 the
viceE/overnor5 cit" or !unicipal viceE!a"or5 or
the hi/hest ran.in/ san//unian baran/a"
!e!ber5 as the case !a" be 5 shall have the
ri/ht to assu!e the powers5 duties and
functions of the said office on the fourth da" of
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SCHOOL OF LAW
ARIS S. MANGUERA
absence of the local chief e7ecutive5 e7cept
the power to appoint.5 suspend or dis!iss
e!plo"ees.:
8. Co&pensation 9,A +(>C5 Section *(:
'he co!pensation of local officials and personnel
shall be deter!ined b" the san//unian concerned5
sub3ect to the provisions of ,A >+8*
HCo!pensation and Position Classification Act of
()*):. 'he elective baran/a" officials shall be
entitled to receive honoraria5 allowances and other
e!olu!ents as !a" be provided b" law or
baran/a"5 !unicipal or cit" ordinance5 but in no
case less than (5CCC per !onth for the punon/
baran/a" and P>CC.CC for the san//unian
!e!bers.
Elective officials shall be entitled to the sa!e leave
privile/es as those en3o"ed b" appointive local
officials5 includin/ the cu!ulation and co!!utation
thereof.
7. Recall
,ecall is the ter!ination of official relationship of an
elective official for loss of confidence prior to the
e7piration of his ter! throu/h the will of electorate.
(. $nitiatin/ the process of recall throu/h the
convenin/ of the Preparator" ,ecall
Asse!bl" 9P,A: is constitutional. 'he
Constitution e!powers Con/ress to provide
effective !eans of recall. 'he adoption of the
P,A resolution is not the recall itself. (6arcia
. Comelec, 69 '''5'', 'G.G5.(4/
1. Loss of confidence as a /round for recall is a
political <uestion. (6arcia . Comelec, 69
'''5'', 'G.G5.(4/
2. Another resolution b" the Preparator" ,ecall
Asse!bl" !ust be adopted to initiate the
recall of a viceE!a"or who5 before the recall
election5 beca!e the !a"or. (A#iado .
Comelec, 69 'F'*)*, G(.').EGGG/
6. 'he Preparator" ,ecall Asse!bl" is distinct
fro! li/a n/ !/a baran/a". Baran/a"
officials who participated in recall did so not
as !e!bers of the li/a but as P,A !e!bers.
(Malon=o . Comelec, 69 'E*GHH, G4.''.(*/
8. Dotice to all !e!bers of the Preparator"
,ecall Asse!bl" is a !andator" re<uire!ent.
(6arcia . Comelec, 69 '''5'', 'G.G5.(4/
>. Dotice !a" be served b" president of the li/a
n/ !/a baran/a" who is also a !e!ber of
the Preparator" ,ecall Asse!bl". (Malon=o .
Comelec, 69 'E*GHH, G4.''.(*/
+. Service of notice !a" be effected under an" of
the !odes of service of pleadin/s F personal5
b" re/istered !ail. (Malon=o . Comelec, 69
'E*GHH, G4.''.(*/
*. 'he (E"ear ban 9fro! assu!ption and ne7t
election: refers to the holdin/ of the recall
election5 not the convenin/ of the P,A.
(Claudio . Comelec, 69 'FG5HG@ *'F,
G5.GF.EGGG/
). 'he ?re/ular recall election@ !entioned in the (E
"ear proscription refers to an election where
the office held b" the local elective official
sou/ht to be recalled will be contested and
filled b" the electorate. (+aras . Comelec,
69 'E4'H(, ''.GF.(H> ;ariol . Comelec, 69
'E*F5H, G4.EG.(*/
(C. A part" a//rieved b" the issuance of Co!elec
en banc resolution 9calendar of activities for
recall election: when he% she had sufficient
ti!e5 !ust file a !otion for reconsideration
with Co!elec en banc. (;ariol . Comelec,
69 'E*F5H, G4.EG.(*/
6. Resi*nation 9,A +(>C5 Section *1:
,esi/nation of elective local officials shall be
dee!ed effective onl" upon acceptance b" the
followin/ authorities=
a: 'he President5 in case of /overnors5 viceE
/overnors5 and !a"ors and viceE!a"ors of
hi/hl" urbani0ed cities and independent
co!ponent cities.
b: 'he /overnor5 in the case of !unicipal !a"ors
and viceE!a"ors5 cit" !a"ors and viceE!a"ors
of co!ponent cities.
c: 'he san//unian concerned5 in case of
san//unian !e!bers.
d: 'he cit" or !unicipal !a"or5 in the case of
baran/a" officials.
HDote= 'he resi/nation shall be dee!ed accepted if
not acted upon b" the authorit" concerned within
(8 wor.in/ da"s fro! receipt thereof. $rrevocable
resi/nations b" san//unian !e!bers shall be
dee!ed accepted upon presentation before an
open session of the san//unian concerned and
dul" entered in its records5 e7cept where the
san//unian !e!bers are sub3ect to recall
elections or to cases where e7istin/ laws prescribe
the !anner of actin/ upon such resi/nations.I
3J. /(ie"ance P(oce!u(e 9,A +(>C5 Section *2:
'he local chief e7ecutive shall establish a
procedure to in<uire into5 act upon5 resolve or
settle co!plaints and /rievances presented b"
local /overn!ent e!plo"ees.
33. Discipline 9,A +(>C5 Sections >CE>*:
/(oun!s fo( Disciplina() Action%
An elective local official !a" be disciplined5
suspended5 or re!oved fro! office on an" of the
followin/ /rounds=
(. Dislo"alt" to the republic of the Philippines.
1. Culpable violation of the Constitution.
2. Dishonest"5 oppression5 !isconduct in office5
/ross ne/li/ence5 or dereliction of dut".
$t was held that acts of lasciviousness cannot
be considered !isconduct in office5 and !a"
not be the basis of an order of suspension. 'o
constitute a /round for disciplinar" action5 the
!a"or char/ed with the offense !ust be
convicted in the cri!inal action.
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SCHOOL OF LAW
ARIS S. MANGUERA
6. Co!!ission of an" offense involvin/ !oral
turpitude or an offense punishable b" at least
prision !a"or.
8. Abuse of authorit".
$n failin/ to share with the !unicipalities
concerned the a!ount paid b" the Daitonal
Power Corporation for the rede!ption of the
properties ac<uired b" the Province of Alba" at
a public auction held for delin<uent realt" ta7es5
the Provincial Jfficials were held /uilt" of
abuse of authorit". 9Salali!a v. Guin/ona5 18+
SC,A 88:
>. 4nauthori0ed absence for (8 consecutive
wor.in/ da"s5 e7cept in the case of !e!bers
of the san//unian/ palalawi/an5 panlun/sod5
ba"an and baran/a".
+. Application for5 or ac<uisition of5 forei/n
citi0enship or residence or the status of an
i!!i/rant of another countr".
*. Such other /rounds as !a" be provided in this
Code and other laws.
HAn elective local official !a" be re!oved fro!
office on the /rounds enu!erated above b" order
of the proper court.I
Cases on Discipliina() Action 9A/ra Dotes:
(. 'he power of the President over ad!inistrative
disciplinar" cases a/ainst elective local
officials is derived fro! his% her power of
/eneral supervision over local /overn!ents.
'he power to discipline and ensure that the
laws be faithfull" e7ecuted !ust be
construed to authori0e the President to order
an investi/ation of the act or conduct of local
officials when in his% her opinion the /ood of
the public service so re<uires. 'hus=
A$ndependentl" of an" statutor" provision
authori0in/ the President to conduct an
investi/ation of the nature involved in this
proceedin/5 and in view of the nature and
character of the e7ecutive authorit" with
which the President of the Philippines is
invested5 the constitutional /rant to hi!% her
power to e7ercise /eneral supervision over
all local /overn!ents and to ta.e care that
the laws be faithfull" e7ecuted !ust be
construed to authori0e hi!% her to order an
investi/ation of the act or conduct of the
local official.(;oson . !orres, 69 '4'E55,
G5.EG.()/
1. &urisdiction over ad!inistrative disciplinar"
actions a/ainst elective local officials is
lod/ed in two authorities= the Disciplinin/
Authorit" and the $nvesti/atin/ Authorit".
'he Disciplinar" Authorit" !a" constitute a
Special $nvesti/atin/ Co!!ittee in lieu of
the Secretar" of the $nterior and Local
Govern!ent. ith respect to a provincial
/overnor5 the disciplinin/ Authorit" is the
President of the Philippines5 whether actin/
b" hi!self% herself or throu/h the E7ecutive
Secretar". 'he Secretar" of the $nterior and
Local Govern!ent is the $nvesti/atin/
Authorit"5 who !a" act hi!self% herself or
constitute and $nvesti/atin/ Co!!ittee. 'he
Secretar" of the Depart!ent5 however5 is not
the e7clusive $nvesti/atin/ Authorit". $n lieu
of the Depart!ent Secretar"5 the Disciplinin/
Authorit" !a" desi/nate a Special
$nvesti/atin/ Co!!ittee. 'he power of the
President over ad!inistrative disciplinar"
cases a/ainst elective local officials is
derived fro! his% her power of /eneral
supervision over local /overn!ents. 'he
power of the Depart!ent to investi/ate
ad!inistrative co!plaints is based on the
alterEe/o principle or the doctrine of <ualified
political a/enc". 9;oson . !orres, 69
'4'E55,G5.EG.()/
2. An ?ad!inistrative offense@ !eans ever" act or
conduct or o!ission which a!ounts to5 or
constitutes5 an" of the /rounds for
disciplinar" action. 9Salalima . 6uingona,
69 ''*5)(B(E,G5.EE.(H/
6. 'he ())( Local Govern!ent Code is the
applicable law insofar as disciplinar" action
a/ainst an elective local official is
concerned. 'he Code prevails over the
Ad!inistrative Code since the latter is of
/eneral application and the for!er was
enacted !uch later than the latter. (Calingin
. Court o# Appeals, 69 '5FH'H,
G*.'E.EGGF/
8. hen a !a"or is ad3ud/ed to be dis<ualified5 a
per!anent vacanc" was created for failure
of the elected !a"or to <ualif" for the office.
$n such eventualit"5 the dul" elected vice
!a"or shall succeed as provided b" law.
'he second placer cannot be declared as
!a"or. (!oral Aare . Comelec, 69 '5*5EH@
'5*5E*, GF.E).EGGF/
>. An" vote cast in favor of a candidate5 whose
dis<ualification has alread" been declared
final re/ardless of the /round5 shall be
considered stra". 'he application of this rule
is not onl" li!ited to dis<ualification b"
conviction in a final 3ud/!ent. Section 6C of
the ())( Local Govern!ent Code
enu!erates other /rounds. 'he
dis<ualification of a candidate is not onl" b"
conviction in a final 3ud/!ent. (!oral Aare .
Comelec, 69 '5*5EH@ '5*5E*, GF.E).EGGF/
+. A reelected local official !a" not be held
ad!inistrativel" accountable for !isconduct
co!!itted durin/ his% her prior ter! of
office. 'he reEelection of a public official
e7tin/uishes onl" the ad!inistrative5 but not
the cri!inal5 liabilit" incurred durin/ the
previous ter! of office. (<alencia .
Sandiganbayan, 69 'F'44H, GH.E(.EGGF/ A
local official who was reEelected can no
lon/er be char/ed ad!inistrativel" for
!isconduct durin/ previous ter!. (6arcia .
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SCHOOL OF LAW
ARIS S. MANGUERA
Mo?ica, 69 '4(GF4, G(.'G.((/ An
ad!inistrative case has beco!e !oot and
acade!ic as a result of the e7piration of
ter! of office of an elective local official
durin/ which the act co!plained of was
alle/edl" co!!itted. Proceedin/s a/ainst
respondent are therefore barred b" his% her
reEelection. (Malinao . 9eyes, 69 ''*H'),
G4.E(.(H> 9eyes . Comelec, 69 'EG(G5,
G4.G*.(H/
*. 4nder the ())( Local Govern!ent Code5 the
dis<ualification to run for an" elective local
position is for two "ears after service of
sentence5 not 8 "ears under the J!nibus
Election Code since the LGC is the later
enact!ent. (Magno . Comelec, 69
'F*(GF, 'G.GF.EGGE/
32. Cases on Offenses 9A/ra Dotes:
(. 'here are no unlawful disburse!ents of public
funds when disburse!ents are !ade
pursuant to a reenacted bud/et. ;one" can
be paid out of the local treasur" since there is
a valid appropriation. 'here is no undue in3ur"
since there was non unlawful e7penditure.
#owever5 onl" the annual appropriations for
salaries and wa/es5 statutor" and contractual
obli/ations5 and essential operatin/ e7penses
are dee!ed reenacted. 'here is cri!inal
liabilit" in dela" in sub!ission of the bud/et
proposal provided the re<uire!ents under
Section 2(* of the Code are not !et. 'he
!a"or !ust first receive the necessar"
financial docu!ents fro! other cit" officials in
order to be able to prepare the bud/et.
(<illanuea . 3ple, 69 'H5'E5, ''.').EGG5/
1. A !a"or who continues to perfor! the
functions of the office despite the fact that he%
she is under preventive suspension usurps
the authorit" of the Jffice of the ;a"or and is
liable for violation of Section (2 of the AntiE
Graft and Corrupt Practices Act. Section (2 of
,.A. Do. 2C() covers two t"pes of offenses=
9(: an" offense involvin/ fraud on the
/overn!entG and 91: an" offense involvin/
public funds or propert". 'he first t"pe
involves an" fraud whether public funds are
involved or not. A-raud upon /overn!entB
!eans Aan" instance or act of tric.er" or
deceit a/ainst the /overn!ent.B $t cannot be
read restrictivel" so as to be e<uivalent to
!alversation of funds. #onest belief that he is
no lon/er under preventive suspension
cannot serve as defense when he refused to
leave his position despite havin/ received the
!e!orandu! fro! the Depart!ent of $nterior
and Local Govern!ent and onl" vacatin/ the
office after bein/ forced out b" the Philippine
Dational Police. (Miranda . Sandiganbayan,
69 '5FG(), G*.E*.EGG5/
2. B" allowin/ a dis!issed e!plo"ee whose
dis!issal was affir!ed b" the Civil Service
Co!!ission to continue wor.in/ and receive
his% her salar"5 the !a"or accorded
unwarranted benefits to a part". 'herefore he%
she is liable for violatin/ Section 29e: of the
AntiEGraft and Corrupt Practices Act. At the
ti!e of the co!!ission of the cri!e5 the
!unicipal !a"or5 he% she was !andated to
abide b" Article $ of Section 6669b:97: of ())(
Local Govern!ent Code which directs
e7ecutive officials and e!plo"ees of the
!unicipalit" to faithfull" dischar/e their duties
and functions as provided b" law.
Considerin/ such dut"5 the !a"or had to
enforce decisions or final resolutions5 orders
or rulin/s of the Civil Service Co!!ission.
(<elasco . Sandiganbayan, 69'HG((',
GE.E).EGG5/
6. 4nder Section 29h: of ,.A. 2C()5 the person
liable is an" public officer who directl" or
indirectl" has financial or pecuniar" interest in
an" business5 contract or transaction in
connection with which he intervenes or ta.es
part in his official capacit"5 or in which he is
prohibited b" the Constitution or b" an" law
fro! havin/ an" interest. 'he essential
ele!ents of the violation of said provision are
as follows= (: 'he accused is a public officerG
1: he has a direct or indirect financial or
pecuniar" interest in an" business5 contract
or transactionG 2: he either= a: intervenes or
ta.es part in his official capacit" in connection
with such interest5 or b: is prohibited fro!
havin/ such interest b" the Constitution or b"
law. $n other words5 there are two !odes b"
which a public officer who has a direct or
indirect financial or pecuniar" interest in an"
business5 contract5 or transaction !a" violate
Section 29h: of ,.A. 2C(). 'he first !ode is
when the public officer intervenes or ta.es
part in his official capacit" in connection with
his financial or pecuniar" interest in an"
business5 contract or transaction. 'he second
!ode is when he is prohibited fro! havin/
such an interest b" the Constitution or b" law.
H
'hus5 a !a"or violated the aforestated
provision via the first !ode when he%she
intervened in his%her official capacit" in
connection with his%her financial or pecuniar"
interest in the transaction re/ardin/ the
suppl" and deliver" of !i7ed /ravel and sand
to the constituent baran/a"s. $t was the
!a"or@s co!pan" that supplied the !aterials.
(:omingo . Sandiganbayan, 69 'F('*5,
'G.E5.EGG5/
8. 'here are two !odes b" which a public officer
who has a direct or indirect financial or
pecuniar" interest in an" business5 contract5
or transaction !a" violate Section 29h: of the
AntiEGraft and Corrupt Practices Act. 'he first
(*)
SCHOOL OF LAW
ARIS S. MANGUERA
!ode is if in connection with his% her
pecuniar" interest in an" business5 contract
or transaction5 the public officer intervenes or
ta.es part in his% her official capacit". 'he
second !ode is when he% she is prohibited
fro! havin/ such interest b" the Constitution
or an" law. A !a"or relative to the issuance of
a license to operate a coc.pit which he% she
owns cannot be held liable under the first
!ode since he% she could not have
intervened or ta.en part in his% her official
capacit" in the issuance of a coc.pit license
because he was not a !e!ber of the
San//unian/ Ba"an. 4nder the ())( Local
Govern!ent Code5 the /rant of a license is a
le/islative act of the san//unian. #owever5
the !a"or could be liable under the second
!ode. -urther5 Section *) of the ())( Local
Govern!ent Code proscribes such pecuniar"
interest. 'he penalt" !ust be that one
provided under the Code5 not under the AntiE
Graft Law since the Code specificall" refers
to interests in coc.pits while the latter refers
in /eneral to pecuniar" interest. (!ees .
Sandiganbayan, 69 '5F')E, 'E.'*.EGGF/
>. An ille/all" dis!issed /overn!ent e!plo"ee
who is later ordered reinstated is entitled to
bac.wa/es and other !onetar" benefits fro!
the ti!e of his% her ille/al dis!issal up to his%
her reinstate!ent. 'his is onl" fair and 3ust
because an e!plo"ee who is reinstated after
havin/ been ille/all" dis!issed is considered
as not havin/ left his% her office and should
be /iven the correspondin/ co!pensation at
the ti!e of his% her reinstate!ent. hen there
is no !alice or bad faith that attended the
ille/al dis!issal and refusal to reinstate on
the part of the !unicipal officials5 the" cannot
be held personall" accountable for the bac.
salaries. 'he !unicipal /overn!ent should
disburse funds to answer for the clai!s
resultin/ fro! dis!issal. (Ciil Serice
Commission . 6entallan, 69 '5E)44,
G5.G(.EGG5/
+. ?;oral 'urpitude@ is an act of baseness5
vileness5 or depravit" in the private duties
which a person owes his% her fellow !en 9and
wo!en: or to the societ" in /eneral5 contrar"
to the accepted and custo!ar" rule of ri/ht
and dut" between !an and wo!an or
conduct contrar" to 3ustice5 honest"5 !odest"5
or /ood !orals. Jne such act is the cri!e of
fencin/. (:ela !orre . Comelec 69 'E'5(E,
G*.G5.(H/
*. A local chief e7ecutive is not dut"Ebound to
approve and si/n a voucher when there is no
appropriations ordinance and when there is
no certification of availabilit" of funds for the
intended purpose. -or not si/nin/ the
voucher5 bad faith cannot be i!puted a/ainst
hi!% her. 97lorente . Sandiganbayan,
69'EE'HH, G4.''.()/
). hen the validit" of subse<uent appoint!ents
to the position of Assistant Cit" Assessor has
not been challen/ed5 the cit" !a"or who
appointed a person to serve in said position
had ever" ri/ht to assu!e in /ood faith that
the one who held the position prior to the
appoint!ents no lon/er held the sa!e. 'hus5
the cit" !a"or is not liable for violation of
Sections 29a: and 29e: of the AntiEGraft and
Corrupt Practices Act. Section 29a: re<uires a
deliberate intent on the part of the public
official concerned to violate those rules and
re/ulations dul" pro!ul/ated b" co!petent
authorit"5 or to co!!it an offense in
connection with official duties. Jn the other
hand5 Section 29e: poses the standard of
!anifest partialit"5 evident bad faith5 or /ross
ine7cusable ne/li/ence before liabilit" can be
had on that para/raph. ;anifest partialit" has
been characteri0ed as a clear5 notorious or
plain inclination or predilection to favor one
side rather than the other. Evident bad faith
connotes a !anifest deliberate intent on the
part of the accused to do wron/ or cause
da!a/e. Gross ine7cusable ne/li/ence has
been defined as ne/li/ence characteri0ed b"
the want of even sli/ht care5 actin/ or
o!ittin/ to act in a situation where there is a
dut" to act5 not inadvertentl" but wilfull" and
intentionall" with a conscious indifference to
conse<uences in so far as other persons !a"
be affected. (9eyes . Atien=a, 69 '5EEF4,
G(.E4.EGG5/
(C. 'he approval b" the Co!!ission on Audit
9CJA: of disburse!ents of local funds b" a
local e7ecutive relates to the ad!inistrative
aspect of the !atter of the officials
accountabilit". $t does not foreclose the
J!buds!an@s authorit" to investi/ate and
deter!ine whether there is a cri!e to be
prosecuted for which he% she is accountable.
Co!pliance with CJA rules and re/ulations
does not necessaril" !ean that no
!isappropriation of public funds was
co!!itted. Evidence in this re/ard !ust still
be adduced. 9Aguinaldo . Sandiganbayan,
69 'EFF*', ''.E).(H/
((. Public officials5 !ore especiall" an elected
one5 should not be onionEs.inned. 'hus5 a
viceE!a"or who beat up a !otorist despite
the provocation b" the latter5 is /uilt" of
!isconduct. 'he period where an official was
placed under preventive suspension cannot
be credited to the penalt" i!posed on hi!%
her. 9Pabut . 3##ice o# the 3mbudsman, 69
'''4GF, G*.'*.(F/
(1. A cit" !a"or cannot be held liable under
Section 29/: of the AntiEGraft and Corrupt
Practices Act for enterin/ into a contract
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ARIS S. MANGUERA
which is /rossl" and !anifestl"
disadvanta/eous to the /overn!ent when the
contract which is sub3ect of the co!plaint has
been rescinded before the report of the
Co!!ission on Audit ca!e out and before
the co!plaint was filed with the J!buds!an.
9:uterte . Sandiganbayan, 69 '4G'(',
GF.E*.()/
(2. Partial restitution of cash shorta/e is an
i!plied ad!ission of !isappropriation of
!issin/ funds b" the !unicipal treasurer in
case where he% she offers no co!petent and
credible evidence to prove that the !issin/
funds were actuall" cash advances of
e!plo"ees in the !unicipalit". (:oldol .
+eople o# the +hilippines, 69 'HFF)',
G(.EG.EGG5/
3G. Cases on P(oce!u(e 9A/ra Dotes:
(. An errin/ elective local officials has ri/hts a.in
to the constitutional ri/hts of an accused.
'hese are essentiall" part of procedural due
process. 'he local elective official has the 9(:
ri/ht to appear and defend hi!self% herself in
person or b" counselG 91: the ri/ht to confront
and crossEe7a!ine the witnesses a/ainst
hi!% herG and 92: the ri/ht to co!pulsor"
attendance of witness and the production of
docu!entar" evidence. 'hus5 the official@s
ri/ht to a for!al investi/ation was not
satisfied when the co!plaint a/ainst hi!% her
decided on the basis of position papers. 'he
provisions for ad!inistrative disciplinar"
actions elective local officials are !ar.edl"
different fro! appointive officials. 'he rules
on the re!oval and suspension of elective
local officials are !ore strin/ent. 'he
procedure of re<uirin/ position papers in lieu
of a hearin/ in ad!inistrative cases is
e7pressl" allowed with respect to appointive
officials but not to those elected. An elective
official5 elected b" popular vote5 is directl"
responsible to the co!!unit" that elected
hi!% her. 'he official has a definite ter! of
office fi7ed b" law which is relativel" of short
duration. Suspension and re!oval fro! office
definitel" affects and shortens this ter! of
office. hen an elective official is suspended
or re!oved5 the people are deprived of the
services of the official the" had elected.
9;oson . !orres, 69 '4'E55, G5.EG.()/
1. 'he essence of procedural due process is
e!bodied in the basic re<uire!ent of notice
and a real opportunit" to be heard. $n
ad!inistrative proceedin/s5 procedural due
process si!pl" !eans the opportunit" to
e7plain one@s side or the opportunit" to see.
a reconsideration of the action or rulin/
co!plained of. Procedural due process has
been reco/ni0ed to include the followin/= 9(:
the ri/ht to actual or constructive notice of the
institution of proceedin/s which !a" affect a
respondent@s le/al ri/htsG 91: a real
opportunit" to be heard personall" or with the
assistance of counsel5 to present witnesses
and evidence in one@s favor5 and to defend
one@s ri/htsG 92: a tribunal vested with
co!petent 3urisdiction and so constituted as
to afford a person char/ed ad!inistrativel" a
reasonable /uarantee of honest" as well as
i!partialit"G and 96: a findin/ b" said tribunal
which is supported b" substantial evidence
sub!itted for consideration durin/ the
hearin/ or contained in the records or !ade
.nown to the parties affected. Minship alone
does not establish bias and partialit". Bias
and partialit" cannot be presu!ed. $n
ad!inistrative proceedin/s5 no less than
substantial proof is re<uired. ;ere alle/ation
is not e<uivalent to proof. ;ere suspicion of
partialit" is not enou/h. 'here should be
hard evidence to prove it5 as well as !anifest
showin/ of bias and partialit" ste!!in/ fro!
an e7tra3udicial source or so!e other basis.
(Casimiro . !andog, 69 'FH'4*,
GH.G).EGG5/
2. An ad!inistrative co!plaint a/ainst an errin/
elective official !ust be verified and filed with
the proper /overn!ent office. A co!plaint
a/ainst an elective provincial or cit" !ust be
filed with the Jffice of the President. A
co!plaint a/ainst an elective !unicipal
official !ust be filed with the San//unian/
Panlalawi/an while that of a baran/a" official
!ust be filed before the San//unian/
Panlun/sod or San//unian/ Ba"an.
(Mendo=a . 7a2ina, 69 'FH)*5,
G*.'F.EGG4/
6. 'he lac. of verification in a letterEco!plaint
!a" be waived5 the defect bein/ not fatal.
Verification is a for!al5 not 3urisdictional
re<uites. (;oson . !orres 69 '4'E55,
G5.EG.()/
8. Decisions of the Jffice of the President are
final and e7ecutor". Do !otion for
reconsideration is allowed b" law but the
parties !a" appeal the decision to the Court
of Appeals. 'he appeal5 however5 does not
sta" the e7ecution of the decision. 'he
Secretar" of the $nterior and Local
Govern!ent !a" validl" !ove for its
i!!ediate e7ecution. (Calingin . Court o#
Appeals, 69 '5FH'H, G*.'E.EGGF/
>. Direct recourse to the courts without
e7haustin/ ad!inistrative re!edies is not
per!itted. 'hus5 a !a"or who clai!s that the
i!position of preventive suspension b" the
/overnor was un3ustified and politicall"
!otivated5 should see. relief first fro! the
Secretar" of the $nterior and Local
Govern!ent5 not fro! the courts. (1spiritu .
Melgar, 69 'GG)*F, GE.'4.(E/
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+. 'he ())( Local Govern!ent Code does not
preclude the filin/ of an appeal of a decision
of a san//unian/ panlun/sod involvin/ an
elective baran/a" official. Section >* of the
Code specificall" allows a part" to appeal to
the Jffice of the President. 'he decision is
i!!ediatel" e7ecutor" but the respondent
!a" nevertheless appeal the adverse
decision to the Jffice of the President or to
the San//unian/ Panlalawi/an5 as the case
!a" be. (Mendo=a . 7a2ina, 69 'FH)*5,
G*.'F.EGG4/
*. 4nder Section >( of the ())( Local
Govern!ent Code5 a co!plaint a/ainst an"
elective official of a !unicipalit" shall be filed
before the san//unian/ panlalawi/an whose
decision !a" be appealed to the Jffice of the
President. hen appeal to the Jffice of the
President is available5 resort to filin/ a
petition for certiorari5 prohibition and
!anda!us with the Court of Appeals under
,ule >85 (6 was inapt. 'he availabilit" of the
ri/ht of appeal precludes recourse to the
special civil action for certiorari. (8alindong .
:acalos, 69 '5))*F, ''.'G. EGGF/
). Do notice of the session where a decision of
the san//unian is to be pro!ul/ated on the
ad!inistrative case is re<uired to be /iven to
the petitioner. 'he deliberation of the
san//unian is an internal !atter. $n order to
render a decision in ad!inistrative cases
involvin/ elective local officials5 the decision
of the san//unian !ust be writin/ statin/
clearl" and distinctl" the facts and the
reasons for the decision. 'hus5 the votin/
followin/ the deliberation of the !e!bers of
the san//unian did not constitute the decision
unless this was e!bodied in an opinion
prepared b" one of the! and concurred in b"
the others. 4ntil the !e!bers have si/ned
the opinion and the decision is pro!ul/ated5
the" are free to chan/e their votes. (Malinao
. 9eyes, 69 ''*H'), G4.E(.(H/
(C. 'he filin/ of !otion for reconsideration before
the supervisin/ local /overn!ent concernin/
a disciplinar" case involvin/ an elective
official of the supervised unit prevents the
decision of the for!er fro! beco!in/ final.
'hus5 there is thus no decision findin/ the
official /uilt" to spea. of which would
dis<ualif" said official. (7ingating . Comelec,
69 '54F*5, ''.'4.EGGE/
((. 4nder the ())( Local Govern!ent Code5 an
elective local official !ust be citi0en of the
Philippines. Jne who clai!s that a local
official is not has the burden of provin/ his%
her clai!. $n ad!inistrative cases and
petitions for dis<ualification5 the <uantu! of
proof re<uired is substantial evidence.
(Matugas . Comelec, 69 '5'(FF,
G'.EG.EGGF/
(1. 'he Jffice of the President is authori0ed to
sta" the e7ecution of a decision a/ainst a
!unicipal !a"or issued b" the San//unian/
Panalawi/an pendin/ appeal. ,eviewin/
officials are not deprived of their authorit" to
order a sta" an appealed decision.
Supervisin/ officials are /iven such
discretion. 98erces . 6uingona, EF' SC9A
54(:
3A. Co&plaints
(. A verified co!plaint a/ainst provincial5 hi/hl"
urbani0ed cit" or independent co!ponent cit"
elective official5 shall be filed before the Jffice
of the President.
a: $t !a" be noted that the Constitution places
local /overn!ents under the supervision of the
E7ecutive. Li.ewise5 the Constitution allows
Con/ress to include in the Local Govern!ent
Code provisions for re!oval of local officials5
which su//est that Con/ress !a" e7ercise
re!oval powers. So5 the Local Govern!ent
Code has done and dele/ated its e7ercise to
the President. Dote also that le/all"5
supervision is not inco!patible with disciplinar"
authorit". 9Gan0on v. CA5 1CC SC,A 1+(:
b: 4nder Ad!inistrative Jrder Do. 125 the
President has dele/ated the power to
investi/ate co!plaints to the Secretar" of
$nterior and Local Govern!ent. 'his is valid
dele/ation because what is dele/ated is onl"
the power to investi/ate5 not the power to
discipline. Besides5 the power of the Secretar"
of $nterior and Local Govern!ent to investi/are
is based on the alter ego principle. 9&oson v.
'orres5 1)C SC,A 1+):
c: 'he respondent has the ri/ht to for!al
investi/ation under Ad!inistrative Jrder Do. 12
which includes the ri/ht to appear and defend
hi!self in person or b" counsel5 the ri/ht ri/ht
to confront the witnesses a/ainst hi! and the
ri/ht to co!pulsor" process for the attendance
of witnesses and the production of docu!ents.
'hus5 in this case5 where the Secretar" denied
the petitioners !otion for a for!al investi/ation
and decided the case on the basis of position
papers5 the ri/ht f the petitioner was violated
9&oson v. 'orres: $n Salalima . 6uingona, E5*
SC9A 55, the SC said that the ad!inistrative
investi/ation can proceed even durin/ the
pendenc" of an appeal of audit findin/s to the
Co!!ission on Audit.
1. A verified co!plaint a/ainst elective !unicipal
officials5 shall be filed before the san//uinian
panlalawi/an5 whose decision !a" be
appealed to the Jffice of the President.
a: Ad!inistrative Jrder Do. (* dated -ebruar" (15
()*+5 which provides that on appeal fro! the
decision of the San//unian/ Panlalawi/an5 the
President !a" sta" e7ecution of the appealed
decision5 was dee!ed not to have been
repealed b" ,A +(>C did not e7pressl" repeal
the ad!inistrative order5 and i!plied repeals
are frowned upon. 9Berces v. E7ecutive
Secretar"5 16( SC,A 82):
b: 'he decision of the san//unian panlalawi/an in
ad!inistrative cases involvin/ elective officials
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ARIS S. MANGUERA
!a" be in writin/ statin/ clearl" and distinctl"
the facts and the reasons for the decision5 and
!ust be si/ned b" the re<uisite !a3orit" of the
san//unian. 9;alinao v. ,e"es5 18> SC,A
>(>:
2. A valid co!plaint a/ainst elective baran/a"
officials5 shall be filed before the san//unian/
pan/lun/sod os sa//unian/ ba"an concerned5
whose decision shall be final and e7ecutor.
3B. P(e"enti"e Suspension 9A/ra Dotes:
(. Natu(e. Preventive suspension is !erel" a
preventive !easure5 a preli!inar" step in an
ad!inistrative investi/ation.
Pu(pose. 'he purpose of the suspension
order is to prevent the accused fro! usin/ his
position and the powers and prero/atives of
his office to influence potential witnesses or
ta!per with records which !a" be vital in the
prosecution of the case a/ainst hi!.

$f after
such investi/ation5 the char/e is established
and the person investi/ated is found /uilt" of
acts warrantin/ his suspension or re!oval5
then he is suspended5 re!oved or dis!issed.
'his is the penalt". Dot bein/ a penalt"5 the
period within which one is under preventive
suspension is not considered part of the
actual penalt" of suspension. 'hus5 service of
the preventive suspension cannot be credited
as service of penalt". (Juimbo . 6eracio,
69 '55HEG,G).G(.EGG5/
1. P(eH(eMuisites. A preventive suspension !a"
be i!posed b" the Disciplinar" Authorit" at
an" ti!e 9a: after the issues are 3oined i.e.
respondent has filed an answerG 9b: when the
evidence of /uilt is stron/G and 9c: /iven the
/ravit" of the offenses5 there is /reat
probabilit" that the respondent5 who
continues to hold office5 could influence the
witnesses or pose a threat to the safet" and
inte/rit" of the records and other evidence.
'hese are the preEre<uisites. #owever5 the
failure of respondent to file his% her answer
despite several opportunities /iven hi!% her is
construed as a waiver of his% her ri/ht to
present evidence in his% her behalf. $n this
situation5 a preventive suspension !a" be
i!posed even if an answer has not been
filed. 9;oson . !orres, 69 '4'E55, G5.EG.()/
2. Section >2 of the Local Govern!ent Code
which provides for a >C da" !a7i!u! period
for preventive suspension for a sin/le office
does not /overn preventive suspensions
i!posed b" the J!buds!an5 which is a
constitutionall" created office and
independent fro! the E7ecutive branch of
/overn!ent. 'he J!buds!an@s power of
preventive suspension is /overned b"
,epublic Act Do. >++C

otherwise .nown as
A'he J!buds!an Act of ()*)B. 4nder the
Act5 the preventive suspension shall continue
until the case is ter!inated b" the Jffice of
the J!buds!an but not !ore than si7
!onths. (Miranda . Sandiganbayan, 69
'5FG(), G*.E*.EGG5/
6. 4nder the ())( Local Govern!ent Code5 a
sin/le preventive suspension of local elective
officials should not /o be"ond >C da"s. 'hus5
the Sandi/anba"an cannot preventivel"
suspend a !a"or for )C da"s. 99ios .
Sandiganbayan, 69 'E(('4, G(.EH.(*/
8. A !unicipal official placed under preventive
suspension b" a san//unian/ panlalawi/an
!ust file a !otion for reconsideration before
the said san//unian before filin/ a petition for
certiorari with the Court of Appeals. Such
!otion is a condition sine %ua non before
filin/ a petition for certiorari under ,ule >8 of
the ())+ ,ules of Civil Procedure5 as
a!ended. (-lores . Sangguniang
+anlalawigan o# +ampanga, 69 '5(GEE,
GE.E4.EGG5/
>. 'here is nothin/ i!proper in placin/ an officer
in preventive suspension before char/es
a/ainst hi!% her are heard and before he%she
is /iven an opportunit" to prove his%her
innocence. 'his is allowed so that such
officer !a" not ha!per the nor!al course of
the investi/ation throu/h the use of his% her
influence and authorit". 91spiritu . Melgar,
69 'GG)*F, GE.'4.(E/
+. 'he J!buds!an pursuant to ,epublic Act Do.
>++C and the President are both authori0ed
to place under preventive suspension errin/
local officials of hi/hl"Eurbani0ed cities5
independent cities and provinces. 'he
J!buds!an !a" i!pose a lon/er period of
preventive suspension than the President
!a". $n order to 3ustif" the preventive
suspension of a public official under Section
16 of ,epublic Act Do. >++C5 the evidence of
/uilt should be stron/5 and 9a: the char/e
a/ainst the officer or e!plo"ee should involve
dishonest"5 oppression or /rave !isconduct
or ne/lect in the perfor!ance of dut"G 9b: the
char/es should warrant re!oval fro! the
serviceG or 9c: the respondent@s continued
sta" in office would pre3udice the case filed
a/ainst hi!%her. 'he J!buds!an can
i!pose the >E!onth preventive suspension
on all public officials5 whether elective or
appointive5 who are under investi/ation. Jn
the other hand5 in i!posin/ the shorter period
of si7t" 9>C: da"s of preventive suspension
under the ())( Local Govern!ent Code on
an elective local official 9at an" ti!e after the
issues are 3oined:5 it would be enou/h that 9a:
there is reasonable /round to believe that the
respondent has co!!itted that act or acts
co!plained of5 9b: the evidence of culpabilit"
is stron/5 9c: the /ravit" of the offense so
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ARIS S. MANGUERA
warrants5 or 9d: the continuance in office of
the respondent could influence the witnesses
or pose a threat to the safet" and inte/rit" of
the records and other evidence. 9&agad .
6o=oBdadole, 69 'G)G*E, 'E.'E.(5/
W#o &a) i&pose p(e"enti"e suspension.
Preventive suspension !a" be i!posed b" the
President5 the /overnor5 or the !a"or Has the case
!a" beI at an" to!e after the issues are 3oined5
when the evidence of /uilt is stron/5 and /iven the
/ravit" of the offense5 there is /reat probabilit" that
the continuance in office of the respondent could
influence the witnesses or pose a threat to the
safet" and inte/rit" of the records and other
evidenceG provided that an" sin/le preventive
suspension shall not e7tend be"ond >C da"s5 and
in the event several ad!inistrative cases are filed
a/ainst the respondent5 he cannot be suspended
for !ore than )C da"s within a sin/le "ear on the
sa!e /round or /rounds e7istin/ and .nown at the
ti!e of the first suspension.
(. 'he authorit" to preventivel" suspend is
e7ercised concurrentl" b" the J!buds!an5
pursuant to ,A >++CG the sa!e law authori0es
a preventive suspension of si7 !onths. 9#a/ad
v. Go0oEDadole5 ())8:
'he preventive suspension of an elective local
official 9in this case the ;a"or of San
-ernando5 ,o!blon: b" the Sandi/naba"an
on a char/e of violation of ,A 2C()5 shall
li.ewise be onl" for a period of >C da"s5 not )C
da"s5 consistent with Section >25 ,A +(>C5
which provides that Aan" sin/le preventive
suspension of local elective officials shall not
e7tend be"ond >C da"s.B 9,ios v.
Sandi/anba"an5 ())+:
1. 4pon e7piration of the preventive suspension5
the respondent shall be dee!ed reinstated in
office without pre3udice to the continuation of
the proceedin/s a/ainst hi!5 which shall be
ter!inated within (1C da"s fro! the ti!e he
was for!all" notified of the case a/ainst hi!.
2. An" abuse of the e7ercise of the power of
preventive suspension shall be penali0ed as
abuse of authorit".
3:. Penalt) 9A/ra Dotes:
(. 4nder Section >C of the ())( Local
Govern!ent Code5 the penalt" of dis!issal
fro! service upon an errin/ local official !a"
be declared onl" b" a court of law. 'hus5
Article (169b:5 ,ule S$S of the ,ules and
,e/ulations $!ple!entin/ the Local
Govern!ent Code5 which /rants the
disciplinar" authorit" the power to re!ove
elective local officials5 is a nullit". (+ablico .
<illapando, 69 'F*)*G, G*.4'.EGGE/
1. A san//unian panlalawi/an !a" cause the
re!oval of a !unicipal !a"or who did not
appeal to the Jffice of the President within
the re/le!antar" period the decision re!oval
hi!% her fro! office. $f a public official is not
re!oved before his% her ter! of office
e7pires5 he% she can no lon/er be re!oved if
he%she thereafter reEelected for another ter!.
'herefore5 a decision re!ovin/ an elective
local official5 which has beco!e final before
the election5 constitutes a dis<ualification.
(9eyes . Comelec, 69 'EG(G5, G4.G*.(H/
2. 'he President !a" suspend an errin/
provincial elected official who co!!itted
several ad!inistrative offenses for an
a//re/ate period e7ceedin/ > !onths
provided that each ad!inistrative offense5 the
period of suspension does not e7ceed the >E
!onth li!it. (Salalima . 6uingona, 69
''*5)(B(E, G5.EE.(H/
6. Dishonest"5 oppression5 !isconduct in office5
/ross ne/li/ence5 or an offense punishable
b" at least prison mayor constitute /rounds
for re!oval upon order of the proper court.
9CastilloBCo . 8arbers 69 'E((5E, GH.'H.()/
'he penalt" of suspension i!posed upon the
respondent shall not e7ceed his une7pired ter!5 or
a period of > !onths for ever" ad!inistrative
offense5 nor shall said penalt" be a bar to the
candidac" of the respondent as lon/ as he !eets
the <ualifications re<uired for the office.
(. $n +ablico . <illapando, EGGE, it was held that
b" virtue of Section >C of the LGC5 which
provides that Aan elective local official !a" be
re!oved fro! office on /rounds enu!erated
above b" order of the proper court5B the
penalt" of dis!issal for! the service !a" be
i!posed upon an errin/ local elective official
onl" b" a court of law. 'he provision of the
$!ple!entin/ ,ules and ,e/ulations /rantin/
the disciplinin/ authorit" the power to re!ove
an elective local official ad!inistrativel" are
invalid.
1. Dote that under Section 6C of the Local
Govern!ent Code5 the penalt" of re!oval
for! office as a result of an ad!inistrative
case shall be a bar to the candidac" of the
respondent for an" elective local office.
2. $n Salalima . 6uingona, E5* SC9A 55, the SC
upheld the i!position of the ad!inistrative
penalt" of suspension of not !ore than >
!onths for each offense5 provided that the
successive serves of the sentence should not
e7ceed the une7pired portion of the ter! of the
petitioners. 'he suspension did not a!ount to
re!oval fro! office.
38. A!&inist(ati"e Appeal
Decision !a"5 within 2C da"s fro! receipt thereof5
be appealed to=
(. 'he san//unian/ panlalawi/an5 in the case of
decision of co!ponent cities@ san//unian/
panlun/sod and san//unian/ ba"anG
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2. 'he Jffice of the President5 in the case of
decision of the san//unian/ panlalawi/an and
the san//unian/ pan/lun/sod of hi/hl"
urbani0ed cities and independent co!ponent
cities. Decision of the Jffice of the President
shall be final and e7ecutor".
a: $n Malinao . 9eyes, E55 SC9A H'H, the SC
ruled that certiorari will not lie because there is
still ade<uate re!ed" available in the ordinar"
course of law5 i.e.5 appeal of the decision of the
San//unian/ Panlalawi/an to the Jffice of the
President.
b: 'hat there is appeal to the Jffice of the
President is reiterated in Mendo=a . 7a2ina,
EGG4, althou/h in this case5 because the issue
raised was purel" le/al5 resort to court was
upheld. 'he phrases5 Afinal and e7ecutor"B and
Afinal or e7ecutor"B in Sections >+ and >* of the
Local Govern!ent Code5 si!pl" !ean that
ad!inistrative appeal will not prevent the
enforce!ent of the decision. hile the
ad!inistrative decision is i!!ediatel"
e7ecutor"5 the local elective official !a"
nevertheless appeal the adverse decision to
the Jffice of the President or the San//unian
Panlalawi/an5 as the case !a" be. After all5 if
e7onerated on appeal5 he will be paid his salar"
an such other e!olu!ents denied hi! durin/
the pendenc" of the appeal.
37. E@ecution Pen!in* Appeal
An appeal shall not prevent a decision fro! bein/
e7ecutedG the respondent shall be considered as
havin/ been placed under preventive suspension
durin/ the pendenc" of the appeal. But in 8erces
. 12ecutie Secretary, EF' SC9A 54G, the SC
pointed out the Ad!inistrative Jrder Do. (*
authori0es the Jffice of the President to sta" the
e7ecution of a decision pendin/ appeal.
Ad!inistrative Jrder Do. (* was not repealed b"
the Local /overn!ent Code.
36. 4u(is!iction of San!i*ana)an
(. -or an offense to fall under the e7clusive
ori/inal 3urisdiction of the Sandi/anba"an5 the
followin/ re<uisites !ust concur=
9(: the offense co!!itted is a violation of
9a: ,.A. 2C()5 as a!ended 9the AntiEGraft
and Corrupt Practices Act:5
9b: ,.A. (2+) 9the law on illE/otten
wealth:5 9c: Chapter $$5 Section 15 'itle V$$5
Boo. $$ of the ,evised Penal Code 9the
law on briber":5
9d: E7ecutive Jrder Dos. (5 15 (6 and (6E
A5 issued in ()*> 9se<uestration cases:5
or
9e: other offenses or felonies whether
si!ple or co!ple7ed with other cri!esG
91: the offender co!!ittin/ the offenses in
ite!s 9a:5 9b:5 9c: and 9e: is a public official or
e!plo"ee holdin/ an" of the positions
enu!erated in para/raph A of Section 6G and
92: the offense co!!itted is in relation to the
office.
'hus5 for the Sandi/anba"an to have
e7clusive 3urisdiction5 it is essential that the
facts showin/ the inti!ate relation between
the office of the offender5 a !a"or who holds
a salar" /rade level 1+5 and the dischar/e of
official duties be alle/ed in the infor!ation.
'he 3urisdiction of a court is deter!ined b"
the alle/ations in the co!plaint or
infor!ation5 and not b" the evidence
presented b" the parties at the trial. $t does
not thus suffice to !erel" alle/e in the
infor!ation that the cri!e char/ed was
co!!itted b" the offender in relation to his
office or that he too. advanta/e of his
position as these are conclusions of law.

'he
specific factual alle/ations in the infor!ation
that would indicate the close inti!ac"
between the dischar/e of the offender@s
official duties and the co!!ission of the
offense char/ed5 in order to <ualif" the cri!e
as havin/ been co!!itted in relation to
public office are controllin/. (Ada=a .
Sandiganbayan, 69 '5F))H, G*.E).EGG5/
1. -or purposes of ac<uisition of 3urisdiction b"
the Sandi/anba"an5 the re<uire!ent i!posed
b" ,epublic Act Do. *16) that the offense be
Aco!!itted in relationB to the offender@s office
is entirel" distinct fro! the concept of Ata.in/
advanta/e of one@s positionB as provided
under Articles (+( (-alsi#ication by public
o##icer, employee or notary or ecclesiastic
minister/ and (+1 (-alsi#ication by priate
indiiduals and use o# #alsi#ied documents/ of
the ,evised Penal Code. 'he offender under
Article (+1 !ust be a private individual or
!a"be a public officer5 e!plo"ee or notar"
public who does not Ata.e advanta/e of his
official position.B
.
4nder Article (+(5 an
essential ele!ent of the cri!e is that the act
of falsification !ust be co!!itted b" a public
officer5 e!plo"ee or notar" who Ata.es
advanta/e of his official position.B 'he
offender Ata.es advanta/e of his official
positionB in falsif"in/ a docu!ent when=
9(: he has the dut" to !a.e or to prepare or
otherwise intervene in the preparation of the
docu!entG or
91: he has the official custod" of the
docu!ent which he falsifies. (Ada=a .
Sandiganbayan, 69 '5F))H, G*.E).EGG5/
2. -or purposes of vestin/ 3urisdiction with the
Sandi/anba"an5 the local elective official who
holds a position of Grade 1+ under the Local
Govern!ent Code of ())( !ust have
co!!itted the offense char/ed in relation to
the office. -or an offense to be co!!itted in
relation to the office5 the relation between the
cri!e and the office !ust be direct and not
accidental5 in that in the le/al sense5 the
offense can not e7ist without the office. As an
e7ception to this rule5 the Court held that
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SCHOOL OF LAW
ARIS S. MANGUERA
althou/h public office is not an ele!ent of an
offense char/ed5 as lon/ as the offense
char/ed in the infor!ation is inti!atel"
connected with the office and is alle/ed to
have been perpetrated while the accused
was in the perfor!ance5 thou/h i!proper or
irre/ular5 of his% her official functions5 there
bein/ no personal !otive to co!!it the cri!e
and had the accused would not have
co!!itted it had he not held the aforesaid
office5 the accused is held to have been
indicted for Aan offense co!!itted in relationB
to his office. #owever5 even if public office is
not an essential ele!ent of the offense of
obstruction of 3ustice under Section (9b: of
P.D. (*1) but could have been co!!itted
had said !a"or not held the office of the
!a"or5 said official is sub3ect to the
3urisdiction of the Sandi/anba"an. 'he !a"or
in the course of his% her dut" as ;a"or5 who is
tas.ed to e7ercise /eneral and operational
control and supervision over the local police
forces5 used his% her influence5 authorit" and
office to call and co!!and !e!bers of the
!unicipal police. 99odrigue= .
Sandiganbayan, 69 'F'*'G, G4.G4.EGGF/
6. 'he Sandi/anba"an has ori/inal 3urisdiction
over a !e!ber of the San//unian/
Panlun/sod5 who was char/ed with violation
of Section 29e: of the AntiEGraft and Corrupt
Practices Act. Violation of ,epublic Act Do.
2C() co!!itted b" officials in the e7ecutive
branch with Salar" Grade 1+ or hi/her5 and
the officials specificall" enu!erated in 9a: to
9/: of Section 6 a.9(: of P.D. Do. (>C>5 as
a!ended b" Section 1 of ,ep. Act Do. +)+85
re/ardless of their salar" /rades5 such as
provincial and cit" elective officials5 li.ewise
fall within the ori/inal 3urisdiction of the
Sandi/anba"an. (Inding . Sandiganbayan,
69 'F4GF*, G*.'F.EGGF/
2J. Effect of ReHelection
'he reEelection of a local official bars the
continuation of the ad!inistrative case a/ainst hi!5
inas!uch as the reEelection of the official is
tanta!ount to condonation b" the people of
whatever past !isdeeds he !a" have co!!itted.
9;alinao v. ,e"es5 188 SC,A >(>:
$n 7ingating . Comelec, EGGE, the respondent
;a"or5 havin/ been found /uilt" of the ad!inistrative
char/es and ordered re!oved fro! office5 had
seasonabl" filed a !otion for reconsideration with
the San//unian Panlalawi/an5 and no action on his
!otion was ta.en5 then the decision of the
San//unian Panlalawi/an never beca!e final. After
the respondent was reEelected5 he !a" no lon/er be
re!oved fro! office for the ad!inistrative offense.
D. Appointi"e Local Officials
3. Responsiilit) fo( #u&an (esou(ces an!
!e"elop&ent
'he local chief e7ecutive shall be responsible for
hu!an resources and develop!ent in his unit and
shall ta.e all personnel actions in accordance with
the Constitution5 pertinent laws5 includin/ such
policies5 /uidelines and standards as the Civil
Service Co!!ission !a" establishG Provided that
the local chief e7ecutive !a" e!plo" e!er/enc" or
casual e!plo"ees or laborer paid on a dail" wa/e
or piecewor. basis and hired throu/h 3ob orders for
local pro3ects authori0ed b" the san//unian
concerned5 without need of approval or attestation
b" the Civil Service Co!!ission5 as lon/ as the
said e!plo"!ent shall not e7ceed > !onths.
a: $n :e 9ama . CA, EGG', it was held that the
constitutional prohibition on soEcalled !idni/ht
appoint!ents specificall" those !ade within
two !onths i!!ediatel" prior to the ne7t
presidential elections5 applies onl" to the
President or to Actin/ President. 'here is no
law that prohibits local elective officials fro!
their tenure absent fraud on their part5 when
such appoint!ents are not tainted b"
irre/ularities or ano!alies which breach laws
and re/ulations /overnin/ appoint!ents.
b: 'he Provincial Governor is without authorit" to
desi/nate the petitioner as Assistant Provincial
'reasurers fro! a list of reco!!endees of the
Provincial Governor. 9Di!aandal v. CJA5 1)(
SC,A 211:
2. Officials co&&on to all Municipalities' Cities
an! P(o"inces 9,A +(>C5 Section 6>)E6)C:
(. Secretar" to the San//unian
1. 'reasurer
2. Assessor
6. Accountant
8. Bud/et Jfficer
>. Plannin/ and Develop!ent Coordinator
+. En/ineer
*. #ealth Jfficer
). Civil ,e/istrar
(C. Ad!inistrator
((. Le/al Jfficer
(1. A/riculturist
(2. Social elfare and Develop!ent Jfficer
(6. Environ!ent and Datural ,esources Jfficer
(8. Architect
(>. $nfor!ation Jfficer
(+. Cooperatives Jfficer
(*. Population Jfficer
(). Veterinarian
1C. General Services Jfficer
HDote= $n the baran/a"5 the !andated appointed
officials are the Baran/a" Secretar" and the
Baran/a" 'reasurer5 althou/h other officials of the
baran/a" !a" be appointed b" the punon/
baran/a".I
G. A!&inist(ati"e Discipline
$nvesti/ation and ad3udication of ad!inistrative
co!plaints a/ainst appointive local officials and
e!plo"ees as well as their suspension and
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SCHOOL OF LAW
ARIS S. MANGUERA
re!oval shall be in accordance with the civil
service law and rules and other pertinent laws.
a* Preventive Suspension. 'he local chief
e7ecutive !a" preventivel" suspend for a
period not e7ceedin/ >C da"s an" subordinate
official or e!plo"ee under his authorit"
pendin/ investi/ation if the char/e a/ainst
such official or e!plo"ee involves dishonest"5
oppression or /rave !isconduct or ne/lect in
the perfor!ance of dut"5 or if there is reason to
believe that the respondent is /uilt" of the
char/es which would warrant his re!oval fro!
the service.
b* Disciplinar" &urisdiction. E7cept as otherwise
provided b" law5 the local chief e7ecutive !a"
i!pose the penalt" of re!oval fro! service5
de!otion in ran.5 suspension for not !ore
than ( "ear without pa"5 fine in an a!ount not
e7ceedin/ > !onths@ salar"5 or repri!and. $f
the penalt" i!posed is suspension without pa"
for not !ore than 2C da"s5 his decision shall
be finalG if the penalt" i!posed is heavier5 the
decision shall be appealable to the CSC which
shall decide the appeal within 2C da"s fro!
receipt thereof.
#owever5 it is not the Cit" ;a"or5 but the Cit"
'reasurer who e7ercises disciplinar" authorit"
over a Cit" ,evenue Jfficer. As head of the
Jffice of the 'reasurer5 and ,evenue Jfficer
bein/ an officer under hi!5 the for!er !a"
validl" investi/ate the said ,evenue Jfficer and
place hi! under preventive suspension.
9Garcia v. Pa3aro5 1CC1:
VII. Autono&ous Re*ions
NOTE% As of this writin/5 onl" one autono!ous
re/ion5 that of ;usli! ;indanao5 has been
established. 9'he Jr/anic Act for the autono!ous
re/ion of the Cordilleras failed to obtain the
necessar" nu!ber of votes because onl" one
province approved the Jr/anic Act. An autono!ous
re/ion !ust have at least two provinces. $t is
however5 still possible for an Jr/anic Act for the
Cordilleras to be approved at so!e future date.:
A(ticle I Section 3B. 'here shall be created autono!ous
re/ions in ;usli! ;indanao and in the Cordilleras consistin/
of provinces5 cities5 !unicipalities5 and /eo/raphical areas
sharin/ co!!on and distinctive historical and cultural herita/e5
econo!ic and social structures5 and other relevant
characteristics within the fra!ewor. of this Constitution and
the national soverei/nt" as well as territorial inte/rit" of the
,epublic of the Philippines.
A. Reasons Be#in! t#e C(eation of Autono&ous
Re*ions
(. 'he creation of a situation which will allow
each culture to flourish unha!pered b" the
do!inance of other cultures and thereb" to
contribute !ore effectivel" to national
pro/ress.
1. 'o furnish possible solution to the re/ional
conflicts that have arisen partl" fro! cultural
diversit".
>++
.% $s an autono!ous re/ion an independent nation
within the nationR
A% Do5 an autono!ous re/ion is or/ani0ed Awithin
the fra!ewor. of this Constitution and the national
soverei/nt".B
>+*
B. P(esi!entLs /ene(al Supe("ision
Section 3:. 'he President shall e7ercise /eneral supervision
over autono!ous re/ions to ensure that laws are faithfull"
e7ecuted.
C. Powe(s Not /i"en to Autono&ous Re*ions
Section 38. All powers5 functions5 and responsibilities not
/ranted b" this Constitution or b" law to the autono!ous
re/ions shall be vested in the Dational Govern!ent.
So&e of t#e powe(s w#ic# a(e NOT *i"en to
autono&ous (e*ions%
(. &urisdiction over national defense and
securit"G
1. -orei/n relations and forei/n tradeG
2. Custo!s and tariff5 <uarantine
6. Currenc"5 !onetar" affairs5 forei/n
e7chan/e5 ban.in/ and <uasiEban.in/5
e7ternal borrowin/G
8. Posts and co!!unicationsG
>. Air and sea transport
+. $!!i/ration and deportationG
*. Citi0enship and naturali0ationG
). General auditin/.
D. Enact&ent of O(*anic ActsK C(eation of
Autono&ous Re*ion
Section 37. 'he Con/ress shall enact an or/anic act for each
autono!ous re/ion with the assistance and participation of the
re/ional consultative co!!ission co!posed of representatives
+//
,ernas Primer at 4&& (2##+ ed.*
+/2
,ernas Primer at 4&4 (2##+ ed.*
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SCHOOL OF LAW
ARIS S. MANGUERA
appointed b" the President fro! a list of no!inees fro! !ultiE
sectoral bodies. 'he or/anic act shall define the basic
structure of /overn!ent for the re/ion consistin/ of the
e7ecutive depart!ent and le/islative asse!bl"5 both of which
shall be elective and representative of the constituent political
units. 'he or/anic acts shall li.ewise provide for special courts
with personal5 fa!il"5 and propert" law 3urisdiction consistent
with the provisions of this Constitution and national laws.
'he creation of the autono!ous re/ion shall be effective when
approved b" !a3orit" of the votes cast b" the constituent units
in a plebiscite called for the purpose5 provided that onl"
provinces5 cities5 and /eo/raphic areas votin/ favorabl" in
such plebiscite shall be included in the autono!ous re/ion.
Section 36. 'he first Con/ress elected under this Constitution
shall5 within ei/hteen !onths fro! the ti!e of or/ani0ation of
both #ouses5 pass the or/anic acts for the autono!ous
re/ions in ;usli! ;indanao and the Cordilleras.
3. Enact&ent of O(*anic Acts
As preli!inar" step towards the establish!ent of
the autono!ous re/ions5 Con/ress is co!!anded
to for!ulate an Jr/anic Act for each of the two.
'he Constitution co!!ands the Con/ress to enact
an Jr/anic Act which will be the funda!ental law of
the re/ions.
.% hat law will be the charter of the autono!ous
re/ionsR
A% 'heir charter will be the Or#anic Act which will
be passed b" Con/ress in the !anner and
accordin/ to the substantive specifications contained
in Section (*.
.% $f the first Con/ress fails to pass the Jr/anic Act
within (* !onths5 will it no lon/er be able to pass
such Act laterR
A% Tes. 'he failure of Con/ress to act cannot be
allowed to frustrate the clear intent of the electorate.
'he relativel" short period is prescribed in order to
e!phasi0e the ur/enc" of creatin/ autono!ous
re/ions.
.% 'he le/alit" of ,A >+265 the Jr/anic Act of
;indanao5 is challen/ed and the plebiscite called in
(2 provinces of ;indanao for the ratification of the
Jr/anic Act is challen/ed for bein/ ille/al in that
aspects of the Jr/anic Act violate the 'ripoli
A/ree!ent which is a valid international a/ree!ent.
Decide.
A% Even if the 'ripoli A/ree!ent were an
international a/ree!ent5 the fact would not affect the
validit" of the Jr/anic Act. $nternational a/ree!ents
as internal law are on the sa!e le/al level as
statutes and whichever as between the two5
international a/ree!ent or statute5 co!es later
supersedes the other. 9Abbas v. Co!elec5 ()*):
Natu(e of O(*anic Act. 'he Jr/anic Act itself in
le/al cate/or" is a statute. #owever5 it is !ore than
an ordinar" statute because it en3o"s affir!ation b" a
plebiscite. #ence5 its provision cannot be a!ended
b" ordinar" statute. 9Pandi v. CA5 1CC1:
2. C(eation of Autono&ous Re*ion
'he enact!ent of the Jr/anic Act does not "et
create the autono!ous re/ion. 'he creation of the
autono!ous re/ions ta.es place onl" w#en t#e
Or#anic Act is ratifie! Ab" a !a3orit" of the votes
cast b" the constituent units in a plebiscite called
for the purpose.B
.%-or the effective creation of the auto!ous re/ion
is it re<uired that the total votes cast in all the units
where the plebiscite is called !ust "ield a !a3orit" of
affir!ative votesR
A% Do. $t is enou/h for the creation of the
autono!ous re/ion that so!e Aprovinces5 cities5 and
/eo/raphic areasB vote favorabl". $n other words5 as
an e7a!ination of the constitutional te7t shows5 for
effective ratification it is not necessar" to achieve a
Adouble !a3orit".B 9Abbas v. Co!elec5 ()*):
W#at a(eas eco&e pa(t of t#e Autono&ous
Re*ion, Jnl" those areas which vote in favor of
the Jr/anic Act. And since the Constitution spea.s
of Aprovinces5B an autono!ous re/ion has to
consist of !ore than one province.
.% hat happens to the political subdivisions which
do not vote favorabl"R
A% 'he" re!ain in the ad!inistrative re/ion to which
the" belon/. 9Abbas v. Co!elec5 ()*):
.% Can constituent units which vote ne/ativel" in the
first plebiscite under this Constitution 3oin the
autono!ous re/ion at so!e future ti!eR
A% $t is sub!itted that the" !a" throu/h a
subse<uent plebiscite.
>+)
.% ;a" the Province of $fu/ao5 which was the onl"
province which voted for a Cordillera Autono!ous
,e/ion5 constitute the Cordillera Autono!ous
,e/ionR
A% Do5 the Constitution sa"s that an autono!ous
re/ion shall consists of provinces5 cities and
!unicipalities5 and therefore5 not 3ust on province.
9Jrdillo v. Co!elec5 ())C:
.% Can a tribal court of the Cordillera Bodon/
Ad!inistration render a valid e7ecutor decision in a
land disputeR
A% Do. $n the &anuar" 2C5 ())C plebiscite5 the
creation of the Cordillera Autono!ous ,e/ion was
re3ected b" all the provinces and cit" of Cordillera
re/ion e7cept $fu/ao province5 hence the Cordillera
Autono!ous ,e/ion did not co!e to be. #ence5 no
autono!ous re/ion was created. As a lo/ical
conse<uence of that5 the Cordillera Bodon/
Ad!inistration created under EJ 11C as well as the
indi/enous and special courts for the indi/enous
cultural co!!unities of the Cordillera re/ion do not
e7ist. ASuch tribal courts are not a part of the
Philippine &udicial s"ste!. 'he" do not posses
3udicial power. Li.e the pangkats or conciliation
panels created b" PD (8C* in the baran/a"s5 the"
are advisor" and conciliator" bodies whose principal
ob3ective is to brin/ to/ether parties to a dispute and
+/$
,ernas Primer at 4&+ (2##+ ed.*
()*
SCHOOL OF LAW
ARIS S. MANGUERA
persuade the! to !a.e peace5 settle5 and
co!pro!iseB 9Spouses Badua v. Cordillera Bodon/
Ad!inistration5 ())(:
D. Enu&e(ate! Powe(s of Autono&ous Re*ion
Section 2J. ithin its territorial 3urisdiction and sub3ect to the
provisions of this Constitution and national laws5 the or/anic
act of autono!ous re/ions shall provide for le/islative powers
over=
9(: Ad!inistrative or/ani0ationG
91: Creation of sources of revenuesG
92: Ancestral do!ain and natural resourcesG
96: Personal5 fa!il"5 and propert" relationsG
98: ,e/ional urban and rural plannin/ develop!entG
9>: Econo!ic5 social5 and touris! develop!entG
9+: Educational policiesG
9*: Preservation and develop!ent of the cultural herita/eG and
9): Such other !atters as !a" be authori0ed b" law for the
pro!otion of the /eneral welfare of the people of the re/ion.
.% Le/islation passed b" the autono!ous re/ions can
co!e into conflict with the Constitution. #ow are such
conflicts to be resolvedR
A% 'he Constitution should alwa"s prevail. 9-or instance5
the full /a!ut of reli/ious freedo! !ust be reco/ni0ed
even in an area where a principal basis for the autono!"
is reli/ious ho!o/eneit".:
.% Le/islation passed b" the autono!ous re/ions can
co!e into conflict with national laws. #ow are such
conflicts to be resolvedR
A% 'here is no eas" answer as to which would prevail.
'he !atter necessitates the serious wei/hin/ of the
values. $t !a" even involve ad3ust!ent of national laws in
order to acco!!odate the constitutional desire for local
autono!" in its various aspects. 9And indeed conflict will
al!ost naturall" have to be e7pected because national
laws are /enerall" a reflection of the nationall"
predo!inant culture. But5 althou/h Section 1C sa"s that
local le/islative power should be sub3ect to national laws5
national laws the!selves are sub3ect to the Constitution
one of those state policies is to ensure the autono!" of
local /overn!ents.:
Conflicts can also arise in the application of local laws.
'his can be particularl" crucial in the case of personal
and propert" laws for those belon/in/ to autono!ous
re/ions but actin/ outside the autono!ous territor" and
also for those who do not belon/ to autono!ous re/ions
but are actin/ within autono!ous territor". 'hus5 conflict
of law principles could develop could develop within our
one national !unicipal law.
.% $s the enu!eration in Section 1C e7haustive of what
the Jr/anic Act !a" /ive to the autono!ous re/ionsR
A% Do. See Section (+. 'he enu!eration in Section 1C is
intended as a political si/nal that indeed the Constitution
ta.es the !atter of re/ional autono!" seriousl".
E. Peace an! O(!e(' Defense an! National Secu(it)
Section 23. 'he preservation of peace and order within the
re/ions shall be the responsibilit" of the local police a/encies
which shall be or/ani0ed5 !aintained5 supervised5 and utili0ed
in accordance with applicable laws. 'he defense and securit"
of the re/ions shall be the responsibilit" of the Dational
Govern!ent.
Section 1( !a.es a distinction between the
proble! of internal peace and order and the
proble! of national defense and securit". 'he
for!er5 understood as the proble! of ordinar"
cri!inalit" which should nor!all" be the concern of
police authorities5 is the responsibilit" of the local
police a/encies.
#owever5 the or/ani0ation5 !aintenance5 and
supervision of police a/encies !a" in certain
circu!stances be be"ond the capabilities of local
/overn!ents. $n such instances5 the President5 as
Co!!anderEinEChief !a" order the ar!ed forces
into the autono!ous re/ion to perfor! whatever
!a" be necessar".
As to national defense and securit"5 that is5 as to
dealin/ with threats to the stabilit"5 inte/rit"5 and
survival of the nation5 this clearl" is the pri!ar"
responsibilit" of the national /overn!ent.
VIII. Inte(H/o"e(n&ental Relations
:7J
A. National /o"e(n&ent
3. Powe( of /ene(al Supe("ision
'he President shall e7ercise /eneral supervision
over local /overn!ent units to ensure that their
acts are within the scope of their prescribed powers
and functions. 'he President shall e7ercise
supervisor" authorit" directl" over provinces5 hi/hl"
urbani0ed cities and independent co!ponent citiesG
throu/h the province with respect to co!ponent
cities and !unicipalitiesG and throu/h the cit" and
!unicipalit" with respect to the baran/a"s.
2. Enact&ent of O(*anic Acts
Dational a/encies and offices with pro3ect
i!ple!entation functions shall coordinate with one
another and with the local /overn!ent units
concerned in the dischar/e of these functions.
'he" shall ensure the participation of local
/overn!ent units both in the plannin/ and the
i!ple!entation of said national pro3ects.
G. Enact&ent of O(*anic Acts
Do pro3ect or pro/ra! shall be i!ple!ented b"
/overn!ent authorities unless the consultations
!entioned in Sections 19c: and 1> are co!plied
with5 and prior approval of the san//unian
concerned is obtainedG Provided5 that occupants in
areas where such pro3ects are to be i!ple!ented
shall not be evicted unless appropriate relocation
sites have been provided.
+2#
Antonio :achura, ;utline on Political "aw, +#& (2##+*
())
SCHOOL OF LAW
ARIS S. MANGUERA
B. P#ilippine National Police
'he e7tent of operational supervision and control of
local chief e7ecutives over the police force5 fire
protection unit and 3ail !ana/e!ent personnel
assi/ned in their respective 3urisdictions shall be
/overned b" the provisions of ,A >)+85 otherwise
.nown as the AD$LG Act of ())C.B
C. Inte(H*o"e(n&ental Relations
(. 'he province5 throu/h the /overnor5 shall
ensure that ever" co!ponent cit" and
!unicipalit" within its territorial 3urisdiction acts
within the scope of its prescribed powers and
functions. #i/hl" urbani0ed cities and
independent co!ponent cities shall be
independent of the province.
E7cept as otherwise provided under the
Constitution and special statutes5 the /overnor
shall review all e7ecutive orders pro!ul/ated
b" the co!ponent cit" or !unicipal !a"or
within his 3urisdiction. 'he cit" or !unicipal
!a"or shall review all e7ecutive orders
pro!ul/ated b" the punon/ baran/a" within his
3urisdiction. $f the /overnor or the cit" or
!unicipal !a"or fails to act on said e7ecutive
orders within 2C da"s fro! sub!ission5 the
sa!e shall be dee!ed consistent with law and
therefore valid.
1. $n the absence of the le/al officer5 the
!unicipal /overn!ent !a" secure the opinion
of the provincial le/al officer5 and in the
absence of the latter5 that of the provincial
prosecutor on an" le/al <uestion affectin/ the
!unicipalit".
2. 'he cit" or !unicipalit"5 throu/h the cit" or
!unicipal !a"or5 shall e7ercise /eneral
supervision over co!ponent baran/a"s to
ensure that said baran/a"s acts within the
scope of their prescribed powers and
functions.
6. Local /overn!ent units !a"5 throu/h
appropriate ordinances5 /roup the!selves5
consolidate or coordinate their efforts5 services
and resources for purposes co!!onl"
beneficial to the!. $n support of such
underta.in/s5 the local /overn!ent units !a"5
upon approval b" the san//unian after a
public hearin/ conducted for the purpose5
contribute funds5 real estate5 e<uip!ent5 and
other .inds of propert" and appoint or assi/n
personnel under such ter!s and conditions as
!a" be a/reed upon b" th participatin/ local
units.
D. PeopleLs an! NonH/o"e(n&ental O(*aniFations
(. Local /overn!ent units shall pro!ote the
establish!ent and operation or people@s and
nonE/overn!ental or/ani0ations to beco!e
active partners in the pursuit of local
autono!".
1. Local /overn!ent units !a" enter into 3oint
ventures and such other cooperative
arran/e!ents with people@s and nonE
/overn!ental or/ani0ations to en/a/e in the
deliver" o certain basic services5 etc.
2. A local /overn!ent unit !a"5 throu/h its local
chief e7ecutive and with the concurrence of
the san//unian concerned5 provide
assistance5 financial or otherwise5 to such
people@s and nonE/overn!ental or/ani0ations
for econo!ic5 sociall"Eoriented5 environ!ental
or cultural pro3ects to be i!ple!ented within its
territorial 3urisdiction.
E. Man!ate! Local A*encies
(. 'he Local School Board 9Sections )*E(C(:
'he SC held that the Special Education -und
9SE-: !a" be used for the pa"!ent of salaries
and personnelErelated benefits of the teachers
appointed b" the province in connection with the
establish!ent and !aintenance of e7tension
classes and operation and !aintenance of public
schools. #owever5 the fund !a" not be used to
defra" e7penses for colle/e scholarship /rants.
'he /rant of /overn!ent scholarship to poor but
deservin/ students was o!itted in Sections
(CC9c: and 1+1 of the Local Govern!ent. 9CJA of
Cebu v. Province of Cebu5 1CC(:
1. 'he Local #ealth Board 9Section (C1E(C8:
2. 'he Local Develop!ent Council 9Sections
(C>E((8:
6. 'he Local Peace and Jrder Council 9Section
((>:
-. Settle&ent of Boun!a() Disputes
(. Boundar" disputes between and a!on/ local
/overn!ent units shall5 as !uch as possible5
be settled a!icabl".
'he rules on settle!ent of disputes are=
a: $nvolvin/ two or !ore baran/a"s in the
sa!e cit" or !unicipalit"= referred to the
san//unian/ panlun/sod or sa//unian/
ba"an.
b: $nvolvin/ two or !ore !unicipalities in the
sa!e province= referred to the san//unian
panlalawi/an.
'he SC declared that the ,'C was correct
when it ordered a relocation surve" to
deter!ine to which !unicipalit" the baran/a"
belon/ed. 'he a/ree!ent between the
!unicipalities of &i!ene0 and Sinacaban
which was approved b" the San//unian
Panlalawi/an is invalid as it would effectivel"
a!end EJ 18* 9creatin/ the !unicipalit" of
Sinacaban:. 'he power of the San//unian/
Panlalawi/an to settle boundar" disputes is
li!ited to i!ple!entin/ the law creatin/ the
!unicipalit"G and an" alteration of
boundaries not in accordance with the law
would e7ceed this authorit".
c: $nvolvin/ !unicipalities or co!ponent
cities in different provinces= 3ointl" referred
to the san//unians of the provinces
concerned.
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SCHOOL OF LAW
ARIS S. MANGUERA
d: $nvolvin/ a co!ponent cit" or !unicipalit"
on one hand and a hi/hl" urbani0ed cit"
on the other5 or two or !ore hi/hl"
urbani0ed cities= 3ointl" referred to the
respective san//unians of the parties.
1. $n the event the san//unian fails to effect a
settle!ent within >C da"s fro! the date the
dispute was referred to it5 it shall issue a
certification to this effect. 'he dispute shall
then be for!all" tried b" the san//unian
concerned which shall decide the issue within
>C da"s fro! the date of certification.
2. ithin the ti!e and !anner prescribed b" the
,ules of Court5 an" part" !a" elevate the
decision of the san//unian concerned to the
proper ,'C havin/ 3urisdiction over the area in
dispute which shall decide the appeal within (
"ear for! the filin/ thereof.
$nas!uch as Section ((* of the Local
Govern!ent Code does not provide for the office
or the a/enc" vested with the 3urisdiction over the
settle!ent of boundar" disputes between a
!unicipalit" and an independent co!ponent cit"
in the sa!e province5 under BP (1)5 as a!ended
b" ,A +>)(5 it should be the ,'C in the province
that can ad3udicate the controvers". After all5 ,'C
has /eneral 3urisdiction to ad3udicate all
controversies5 e7cept onl" those withheld fro! its
plenar" powers. 9;unicipalit" of Manan/a v.
;adrona5 1CC2:
6. 'he i!portance of drawin/ with precise
stro.es the territorial boundaries of a local unit
of /overn!ent cannot be overe!phasi0ed.
'he boundaries !ust be clear for the" define
the li!its of the territorial 3urisdiction of the
local /overn!ent unit. $t can le/iti!atel"
e7ercise powers of /overn!ent onl" within the
li!its of its territorial 3urisdiction. Be"ond these
li!its5 its acts are ultra ires. Deedless to
state5 an" uncertaint" in the boundaries of
local /overn!ent units will sow costl" conflicts
in the e7ercise of /overn!ent power which
ulti!atel" will pre3udice the people@s welfare.
9;ariano v. Co!elec:
BAR .$ESTION D2JJBE% Boundar" Dispute
,esolutionG LG4G ,'C@s &urisdiction F
.%'here was a boundar" dispute between Duenas5
a !unicipalit"5 and Passi5 an independent
co!ponent cit"5 both of the sa!e province. State
how the two local /overn!ent units should settle
their boundar" dispute. 98U:
Su**este! Answe(= Boundar" disputes between
local /overn!ent units should5 as !uch as
possible5 be settled a!icabl". After efforts at
settle!ent fail5 then the dispute !a" be brou/ht to
the appropriate ,e/ional 'rial Court in the said
province. Since the Local Govern!ent Code is
silent as to what bod" has e7clusive 3urisdiction
over the settle!ent of boundar" disputes between
a !unicipalit" and an independent co!ponent cit"
of the sa!e province5 the ,e/ional 'rial Courts
have /eneral 3urisdiction to ad3udicate the said
controvers". 9;un. of Manan/a v. ;adrona5 G.,.
Do. (6(2+85 April 2C5 1CC2:
II. Local Initiati"e an! Refe(en!u&
A. Local Initiati"e
3. Definition of Local Initiati"e
$t is the le/al process whereb" the re/istered
voters of a local /overn!ent unit !a" directl"
propose5 enact or a!end an" ordinance. $t !a" be
e7ercised b" all re/istered votes or the provinces5
cities5 !unicipalities and baran/a"s.
2. P(oce!u(e
a: Dot less than 15CCC re/istered voters in the
re/ion= (5CCC re/istered voters in case of
provinces and citiesG (CC voters in case of
!unicipalities5 and 8C in case of baran/a"s5
!a" file a petition with the san//unian
concerned proposin/ the adoption5 enact!ent5
repeal or a!end!ent of an ordinance. ),A
>+285 Section (2:
b: $f no favorable action is ta.en b" the
san//unian concerned within 2C da"s for!
presentation5 the proponents5 throu/h their
dut" authori0ed and re/istered
representatives5 !a" invo.e their power of
initiative5 /ivin/ notice thereof to the
san//unian concerned.
c: 'he prposition shall be nu!bered seriall"5
startin/ fro! nu!eral $. 'wo or !ore
propositions !a" be sub!itted in an initiative.
'he Co!elec or its desi/nated representative
shall e7tend assistance in the for!ulation of
the proposition.
d: Proponents shall have )C da"s Hin case of
provinces and citiesI5 >C da"s Hin case of
!unicipalitiesI5 and 2C da"s Hin case of
baran/a"sI fro! notice !entioned in 9b: to
collect the re<uired nu!ber of si/natures.
e: 'he petition shall be si/ned before the election
re/istrar or his desi/nated representative5 and
in the presence of a representative of the
proponent and a representative of the
san//unian concerned in a public placein the
local /overn!ent unit.
f: 4pon the lapse of the period5 the Co!elec
shall certif" as to whether or not the re<uired
nu!ber of si/natures has been obtained.
-ailure to obtain the re<uired nu!ber of
si/natures defeats the proposition.
/: $f the re<uired nu!ber is obtained5 the
Co!elec shall set a date for the initiative
durin/ which the proposition is sub!itted to
the re/istered voters in the local /overn!ent
unit for their approval within >C da"s Hin case
of provincesI5 68 da"s Hin case of
!unicipalitiesI5 and 2C da"s Hin case of
baran/a"sI fro! the date of certification b" the
1C(
SCHOOL OF LAW
ARIS S. MANGUERA
Co!elec. 'he initiative shall be held on the
date set5 after which the results thereof shall
be certified and proclai!ed b" the Co!elec.
h: $f the proposition is approved b" a !a3orit" of
the votes cast5 it shall ta.e effect (8 da"s after
certification b" the Co!elec as if affir!ative
action had been ta.en thereon b" the
san//uninan and local chief e7ecutive
concerned.
G. Li&itations
On Local Initiati"e%
i. 'he power of local initiative shall not be
e7ercised !ore than once a "ear.
ii. $nitiative shall e7tend onl" to sub3ects or
!atters which are within the le/al powers
of the san//unian to enact.
iii. $f at an" ti!e before the initiative is held5
the san//unian concerned adopts in toto
the proposition presented and the local
chief e7ecutive approves the sa!e5 the
initiative shall be cancelled. #owever5
those a/ainst such action !a"5 if the" so
desire5 appl" for initiative in the !anner
herein provided.
On t#e San**unian
An" proposition or ordinance approved throu/h
an initiative and referendu! shall not be
repealed5 !odified or a!ended b" the
san//unian within > !onths fro! the date of
approval thereof5 and !a" be a!ended5
!odified or repealed within 2 "ears thereafter b"
a vote of \ of all its !e!bers. $n case of
baran/a"s5 the period shall be (* !onths after
the approval thereof.
B. Local Refe(en!u&
(. Definition of Local Refe(en!u&. 'he le/al
process whereb" the re/istered voters of the
local /overn!ent units !a" approve5 a!end
or re3ect an" ordinance enacted b" the
san//unian.
1. 'he local referendu! shall be held under the
control and direction of the Co!elec within >C
da"s Hin case of provincesI5 68 da"s Hin case of
!unicipalitiesI and 2C da"s Hin case of
baran/a"sI. 'he Co!elec shall certif" and
proclai! the results of the said referendu!.
C. Aut#o(it) of Cou(ts
Dothin/ in the fore/oin/ shall preclude the proper
courts fro! declarin/ null and void an" proposition
approved pursuant hereto for violation of the
Constitution or want of capacit" of the san//unian
concerned to enact said !easure.
(9ead Case :igests in +ages F5EB5GE o# ;acks
Compendium (EGGH//
1C1
SCHOOL OF LAW
ARIS S. MANGUERA
A(ticle II
ACCO$NTABILITC O- P$BLIC
O--ICERS
I& S,A,EMEN, O+ PO.IC0 9Section (:
II& IMPEACHMEN, 9Sections 1 O 2:
III& SANDI6AN)A0AN 9Section 6:
IV& OM)@DSMAN 9Section 85>5*E(6:
V& SPECIA. PROSEC@,OR 9Section +:
VI& I..=6O,,EN WEA.,H 9Section (8:
VII& RES,RIC,ION ON .OANS9Section (>:
VIII&,RANSPARENC0 R@.E 9Section (+:
I/& A..E6IANCE ,O ,HE S,A,E AND ,HE
CONS,I,@,ION 9Section (*:
I. State&ent of Polic)
Section 3. Public office is a public trust. Public officers and
e!plo"ees !ust5 at all ti!es5 be accountable to the people5
serve the! with ut!ost responsibilit"5 inte/rit"5 lo"alt"5 and
efficienc"G act with patriotis! and 3ustice5 and lead !odest
lives.
A. Pulic Office
3. Definition
'he ri/ht5 authorit" or dut"5 created and conferred
b" law5 b" which for a /iven period5 either fi7ed b"
law or endurin/ at the pleasure of the creatin/
power5 an individual is invested with so!e
soverei/n power of /overn!ent to be e7ercised b"
hi! for the benefit of the public. 9-ernande0 v. Sto.
'o!as5 ())8:
2. Ele&ents
(. Created b" law or b" authorit" of lawG
1. Possess a dele/ation of a portion of the
soverei/n powers of /overn!ent5 to be
e7ercised for the benefit of the publicG
2. Powers conferred and duties i!posed
!ust be defined5 directl" or i!pliedl"5 b"
the le/islature or b" le/islative authorit"G
6. Duties !ust be perfor!ed independentl"
and without the control of a superior
power other than the law5 unless the" be
those of an inferior or subordinate office
created or authori0ed b" the le/islature5
and b" it placed under the /eneral control
of a superior office or bod"G and
8. ;ust have per!anence of continuit".
>*(
G. C(eation
Public officers are created=
+21
Antonio :achura, ;utline on Political "aw, 42& (2##+*
a. B" the Constitution
b. B" valid statutor" enact!ents 9e./. Jffice
of the $nsurance Co!!issioner:
c. B" authorit" of law 9e./. Davide
Co!!ission:
>*1
B. Pulic Office(
A person who holds a public office.
>*2
C. Pulic Office as Pulic T(ust
B" hat is !eant b" Apublic office is a public trustBR
A" 'he basic idea of /overn!ent in the Philippines is that
of a representative /overn!ent the officers bein/ !ere
a/ents and not rulers of the peopleK where ever" officer
accepts office pursuant to the provisions of law and holds
the office as a trust for the people who! he represents.
9&ustice ;alco! in Corne3o v. Gabriel5 6( Phil (**5
()1C:
>*6
.% hat does the co!!and to lead !odest lives entailR
A% Even if the public officer is independentl" wealth"5 he
should not live in a !anner that flaunts wealth.
>*8
II. I&peac#&ent
Section 2. 'he President5 the ViceEPresident5 the ;e!bers of
the Supre!e Court5 the ;e!bers of the Constitutional
Co!!issions5 and the J!buds!an !a" be re!oved fro!
office on i!peach!ent for5 and conviction of5 culpable violation
of the Constitution5 treason5 briber"5 /raft and corruption5 other
hi/h cri!es5 or betra"al of public trust. All other public officers
and e!plo"ees !a" be re!oved fro! office as provided b"
law5 but not b" i!peach!ent.
Section G. 9(: 'he #ouse of ,epresentatives shall have the
e7clusive power to initiate all cases of i!peach!ent.
91: A verified co!plaint for i!peach!ent !a" be filed b" an"
;e!ber of the #ouse of ,epresentatives or b" an" citi0en
upon a resolution or endorse!ent b" an" ;e!ber thereof5
which shall be included in the Jrder of Business within ten
session da"s5 and referred to the proper Co!!ittee within
three session da"s thereafter. 'he Co!!ittee5 after hearin/5
and b" a !a3orit" vote of all its ;e!bers5 shall sub!it its
report to the #ouse within si7t" session da"s fro! such
referral5 to/ether with the correspondin/ resolution. 'he
resolution shall be calendared for consideration b" the #ouse
within ten session da"s fro! receipt thereof.
92: A vote of at least oneEthird of all the ;e!bers of the #ouse
shall be necessar" either to affir! a favorable resolution with
the Articles of $!peach!ent of the Co!!ittee5 or override its
contrar" resolution. 'he vote of each ;e!ber shall be
recorded.
96: $n case the verified co!plaint or resolution of i!peach!ent
is filed b" at least oneEthird of all the ;e!bers of the #ouse5
the sa!e shall constitute the Articles of $!peach!ent5 and trial
b" the Senate shall forthwith proceed.
+22
+2&
+24
+2%
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SCHOOL OF LAW
ARIS S. MANGUERA
98: Do i!peach!ent proceedin/s shall be initiated a/ainst the
sa!e official !ore than once within a period of one "ear.
9>: 'he Senate shall have the sole power to tr" and decide all
cases of i!peach!ent. hen sittin/ for that purpose5 the
Senators shall be on oath or affir!ation. hen the President of
the Philippines is on trial5 the Chief &ustice of the Supre!e
Court shall preside5 but shall not vote. Do person shall be
convicted without the concurrence of twoEthirds of all the
;e!bers of the Senate.
9+: &ud/!ent in cases of i!peach!ent shall not e7tend further
than re!oval fro! office and dis<ualification to hold an" office
under the ,epublic of the Philippines5 but the part" convicted
shall nevertheless be liable and sub3ect to prosecution5 trial5
and punish!ent5 accordin/ to law.
9*: 'he Con/ress shall pro!ul/ate its rules on i!peach!ent to
effectivel" carr" out the purpose of this section.
A. Definition of I&peac#&ent
A national in<uest into the conduct of public !en.
>*>
B. Pu(pose of I&peac#&ent
'he purpose of i!peach!ent is not to punish but
onl" to re!ove an officer who does not deserve to
hold office.
>*+
C. I&peac#ale Office(s
(. President
1. ViceEPresident
2. Chief &ustice and Associate &ustice of the
Supre!e Court
6. Chair!en and !e!bers of the Constitutional
Co!!issions
8. J!buds!an
Note% 'he list of officers sub3ect to i!peach!ent in
Section 1 as worded is e7clusive.
Me&e(s of t#e Sup(e&e Cou(t
'he Supre!e Court said that the Special Prosecutor
cannot conduct an investi/ation into alle/ed !isconduct
of a Supre!e Court 3ustice5 with the end view of filin/ a
cri!inal infor!ation a/ainst hi! with the Sandi/anba"an.
A Supre!e Court &ustice cannot be char/ed in a cri!inal
case or a disbar!ent proceedin/5 because the ulti!ate
effect of either is to re!ove hi! fro! office5 and thus
circu!vent the provision on re!oval b" i!peach!ent
thus violatin/ his securit" of tenure 9$n ,e= -irst
$ndorse!ent fro! #on. ,aul Gon0ale05 A.;. Do. **E6E
8622:
An i!peachable officer who is a !e!ber of the Philippine
bar cannot be disbarred first without bein/ i!peached.
9&ar<ue v. Desierto5 18C SC,A ((:
>**
C. /(oun!s
(. Culpable Violation of the Constitution
1. 'reason5 Briber" and Graft and Corruption
+2+
Antonio :achura, ;utline on Political "aw, &4% (2##+*
+2/
+22
Antonio :achura, ;utline on Political "aw, &4% (2##+*
2. Jther #i/h Cri!es or
6. Betra"al of Public 'rust
Note% 'he enu!eration is e7clusive.
Culpale Violation of t#e Constitution
Culpable violation of the Constitution is wron/ful5
intentional or willful disre/ard or floutin/ of the
funda!ental law. Jbviousl"5 the act !ust be
deliberate and !otivated b" bad faith to constitute
a /round for i!peach!ent. ;ere !ista.es in the
proper construction of the Constitution5 on which
students of law !a" sincerel" differ5 cannot be
considered a valid /round for i!peach!ent.
>*)
T(eason
'reason is co!!itted b" an" person who5 owin/
alle/iance to the Govern!ent of the Philippines5
levies war a/ainst it or adheres to its ene!ies5
/ivin/ the! aid and co!fort. 9,PC5 Article ((6:
B(ie()
Briber" is co!!itted b" an" public officer who shall
a/ree to perfor! an ac5 whether or not constitutin/
cri!e5 or refrain fro! doin/ an act which he is
officiall" re<uired to do in connection with the
perfor!ance of his official duties5 in consideration
for an" offer5 pro!ise5 /ift or present received b"
hi! personall" or throu/h the !ediation of another5
or who shall accept /ifts offered to hi! b" reason
of his office. ),PC5 Arts. 1(CE1((:
Ot#e( 0i*# C(i&es
Accordin/ to the special co!!ittee of the #ouse of
,epresentatives that investi/ated the i!peach!ent
char/es a/ainst President Quirino5 are supposed to
refer to those offenses Awhich5 li.e treason and
briber"5 are of so serious and enor!ous a nature
as to stri.e at the ver" life or the orderl" wor.in/s
of the /overn!ent.B 'his rather a!bi/uous
definition5 assu!in/ it is correct5 would probabl"
e7clude such offenses as rape and !urder which5
althou/h as serious as treason and briber"5 will not
necessaril" stri.e at the orderl" wor.in/s5 let alone
life of the /overn!ent.
>)C
/(aft an! Co((uption
Graft and corruption is to be understood in the li/ht
of the prohibited acts enu!erated in the AntiEGrant
and Corrupt Practices Act5 which was in force at
the ti!e of the adoption of the Constitution.
>)(
Bet(a)al of Pulic T(ust
'he ()*+ Constitution has added Abetra"al of
public trust5B which !eans an" for! of violation of
the oath of office even if such violation !a" not be
cri!inall" punishable offense.
>)1
+2$
Cru), Philippine Political "aw, p.&&%
+$#
Cru), Philippine Political "aw, p.&&%
+$1
Cru), Philippine Political "aw, p.&&+
1C6
SCHOOL OF LAW
ARIS S. MANGUERA
'his is a catchEall to cover all !anner of offenses
unbeco!in/ a public functionar" but not
punishable b" the cri!inal statutes5 li.e
Aine7cusable ne/li/ence of dut"5 t"rannical abuse
of authorit"5 breach of official dut" b" !alfeasance
or !isfeasance5 cron"is!5 favoritis!5 obstruction of
3ustice.
>)2
D. P(oce!u(e
Con/ress shall pro!ul/ate its rules on
i!peach!ent to effectivel" carr" out the purpose.
9Section 29*::
3. Initiation
'he proceedin/ is initiated or be/ins5 hen a
verifie! complaint 3ith accompan'in#
resolution or in!orsement4 is file! an! referre!
to the Committee on *ustice for action. 'his is
the initiatin/ step which tri//ers the series of steps
that follow. 9-ransisco v. #ouse Spea.er5 1CC2:
2. Li&itation on initiatin* of i&peac#&ent case
'he Constitution prohibits the initiation of !ore
than one Ai!peach!ent proceedin/B within one
"ear.
$n -ransico . &ouse o# 9epresentaties, the SC
said that considerin/ that the first i!peach!ent
co!plaint was filed b" for!er President Estrada
a/ainst Chief &ustice Davide alon/ with seven
associate 3ustices on &une C15 1CC2 and referred to
the #ouse Co!!ittee on &ustice on Au/ust C85
1CC25 the second i!peach!ent co!plaint filed b"
so!e ,ep. 'eodoro et. al.5 a/ainst the Chief &ustice
on Jctober 125 1CC25 violates the constitutional
prohibition a/ainst the initiation of i!peach!ent
proceedin/s a/ainst the sa!e i!peachable officer
within a oneE"ear period.
G. T(ial
'he Senate shall have the sole power to tr" and
decide all cases of i!peach!ent. hen sittin/ for
that purpose5 the Senators shall be on oath or
affir!ation. hen the President of the Philippines
is on trial5 the Chief &ustice of the Supre!e Court
shall preside5 but shall not vote. A decision of
conviction !ust be concurred in b" at least twoE
thirds of all the !e!bers of the Senate.
A. Penalt)
'he penalt" which !a" be i!posed Ashall not
e7tend further than re!oval fro! office and
dis<ualification to hold an" office under the
,epublic.B
>)6
'his penalt" is be"ond the reach of the President@s
power of e7ecutive cle!enc"5 but does not place
+$2
+$&
Cru), Philippine Political "aw, p.&&+
+$4
the officer be"ond liabilit" to cri!inal prosecution.
9hen cri!inall" prosecuted5 therefore5 for the
offense which warranted his conviction on
i!peach!ent5 the officer cannot plead the defense
of double 3eopard".:
>)8
B. Effect of Con"iction
,e!oval fro! office and dis<ualification to hold
an" office under the ,epublic of the Philippines.
But the part" convicted shall be liable and sub3ect
to prosecution5 trial and punish!ent accordin/ to
law.
:. 4u!icial Re"iew
III. San!i*ana)an
Section A. 'he present antiE/raft court .nown as the
Sandi/anba"an shall continue to function and e7ercise its
3urisdiction as now or hereafter !a" be provided b" law.
A. Co&position of San!i*ana)an
4nder PD (>C>5 it is co!posed of a Presidin/
&ustice and Ei/ht Associate &ustices5 with the ran.
of &ustice of the Court of Appeals. $t sits in three H2I
divisions of three !e!bers of each.
B. Natu(e of San!i*ana)an
Sandi/anba"an is DJ' a constitutional court. It is
a statuto() cou(tG that is5 it is created not onl" b"
the Constitution but b" statute5 althou/h its creation
is !andated b" the Constitution.
>)>
C. 4u(is!iction of San!i*ana)an
O(i*inal 4u(is!iction
Violations of ,A 2C() 9AGCPA: as
a!endedK ,A (2+)G and Chapter $$5 Section 15
'itile V$$5 Boo. $$ of the ,PV where one or
!ore of the accused are officials occup"in/
the followin/ positions in the /overn!ent5
whether in a per!anent5 actin/ or interi!
capacit" at the ti!e of the co!!ission of the
offense=
a. Jfficials of the E7ecutive branch with the
position of ,e/ional Director or hi/her5 or
with Salar" Grade Level 1+ 9G1+:
accordin/ to ,A >+8*.
b. ;e!bers of Con/ress and officials thereof
with G1+ an upG
c. ;e!bers of the &udiciar" without
pre3udice to the ConstitutionG
+$%
+$+
1C8
SCHOOL OF LAW
ARIS S. MANGUERA
d. Chair!en and !e!bers of the
Constitutional Co!!issions without
pre3udice to the ConstitutionsG and
e. All other national and local officials with
G1+ or hi/her.
Jther offenses or felonies whether si!ple
or co!ple7ed with other cri!es co!!itted b"
the public officials and e!plo"ees !entioned
in Subsection a in relation to their officeG
Civil and cri!inal cases filed pursuant to
and in connection with EJ nos. (5 15 (65 and
(6EA issued in ()*>.
E@clusi"e O(i*inal 4u(is!iction over petitions for
the issuance of the writs of !anda!us5
prohibitions5 certiorari5 habeas corpus5 in3unction
and other ancillar" writs and processes in aid o# its
appellate ?urisdiction> Provided5 that 3urisdiction
over these petitions shall not be e7clusive of the
Supre!e CourtG
E@clusi"e Appellate 4u(is!iction over final
3ud/!ents5 resolutions or orders of re/ional trial
courts whether in the e7ercise of their own ori/inal
3urisdiction or of their appellate 3urisdiction. 9,A
*16):
'he followin/ re<uisites !ust concur in order that a
case !a" fall under the e7clusive 3urisdiction of the
Sandi/anba"an=
(. 'he offense co!!itted is a violation of ,A
(2+)5 Chapter $$5 Section 5 'itle V$$5 Boo. $$ of
the ,evised Penal Code5 E7ecutive Jrders
Dos. (5 1 (6 and (6EA5 issued in ()*>5 or other
offenses or felonies whether si!ple or
co!ple7ed with other cri!esG
1. 'he offender co!!ittin/ the offenses 9violatin/
,A 2C()5 ,A (2+)5 the ,PC provisions5 and
other offenses5 is a public official or e!plo"ee
holdin/ an" of the positions enu!erated in par.
A5 Section 65 ,A *16)G and
2. 'he offense co!!itted is in relation to the
office. 9Lacson v. E7ecutive Secretar"5 ())):
P(i"ate in!i"i!uals. ;$n case private individuals
are char/ed as coEprincipals5 acco!plices or
accessories with the public officers or e!plo"ees5
the" shall be tried 3ointl" with said public officers
and e!plo"ees. 9Section 65 PD (>C>:B
;Private persons !a" be char/ed to/ether with
public officers to avoid repeated and unnecessar"
presentation of witnesses and e7hibits a/ainst
conspirators in different venues5 especiall" of the
issues involved are the sa!e. $t follows therefore
that if a private person !a" be tried 3ointl" with
public officers5 he !a" also be convicted 3ointl"
with the!5 as in the case of the present
petitioners.B 9Bal!adrid v. 'he #onorable
Sandi/anba"an5 ())(:
Macalino v& San!i#an%a'a- ;HH;" $t was held that
because the Philippine Dational Construction
Co!pan" 9PDCCC has no ille/al charter5 petitioner5
an officer of PDCC5 is not a public officer. 'hat
bein/ so5 the Sandi/anba"an has no 3urisdiction
over hi!. 'he onl" instance when the
Sandi/anba"an !a" e7ercise 3urisdiction over a
private individual is when the co!plaint char/es
hi! either as a coEprincipal5 acco!plice or
accessor" of a public officer who has been char/ed
within the 3urisdiction of the Sandi/anba"an.
Dete(&ination of 4u(is!iction. hether or not the
Sandi/anba"an or the ,'C has 3urisdiction over
the case shall be deter!ined b" the alle/ations in
the infor!ation specificall" on whether or not the
acts co!plained of were co!!itted in relation to
the official functions of the accused. $t is re<uired
that the char/e be set forth with particularit" as will
reasonabl" indicate that the e7act offense which
the accused is alle/ed to have co!!itted is one in
relation to his office. 'hus5 the !ere alle/ation in
the infor!ation that the offense was co!!itted b"
the accused public officer Ain relation to his officeB
is a conclusion of law5 not a factual aver!ent that
would show the close inti!ac" between the offense
char/ed and the dischar/e of the accused@s official
duties. 9Lacson v. E7ecutive Secretar":
)ina' v& San!i#an%a'an- :888" 'he Supre!e
Court discussed the ra!ifications of Section +5 ,A
*16)5 as follows=
(. $f trial of the cases pendin/ before whatever
court has alread" be/un as of the approval of
,A *16)5 the law does not appl"G
1. $f trial of cases pendin/ before whatever court
has not be/un as of the approval of ,A *16)5
then the law applies5 and the rules are=
i. $f the Sandi/anba"an has 3urisdiction
over a case pendin/ before it5 then it
retains 3urisdictionG
ii. $f the Sandi/anba"an has no
3urisdiction over a cased pendin/
before it5 the case shall be referred to
the re/ular courtsG
iii. $f the Sandi/anba"an has 3urisdiction
over a case pendin/ before a re/ular
court5 the latter loses 3urisdiction and
the sa!e shall be referred to the
Sandi/anba"anG
iv. $f a re/ular court has 3urisdiction over
a case pendin/ before it5 then said
court retains 3urisdiction.
D. Decisions1Re"iew

'he unani!ous vote of all the three !e!bers shall
be re<uired for the pronounce!ent of 3ud/!ent b"
a division. Decisions of the Sandi/anba"an shall
be reviewable b" the Supre!e Court on a petition
for certiorari.
1C>
SCHOOL OF LAW
ARIS S. MANGUERA
a. $t is now settled that Section (25 ,A 2C()5
!a.es it !andator" for the
Snadi/anba"an to suspend an" public
officer a/ainst who! a valid infor!ation
char/in/ violation of that law5 or an"
offense involvin/ fraud upon the
/overn!ent or public funds or propert" is
filed. 9Bolasti/ v. Sandi/anba"an5 128
SC,A (C2:
b. 'he appellate 3urisdiction of the Supre!e
Court over decisions and final orders of
the Sandi/anba"an is li!ited to <uestions
of law. 9,epublic v. Sandi/anba"an5 1CC1:
IV. O&u!s&an
Section B. 'here is hereb" created the independent Jffice of
the J!buds!an5 co!posed of the J!buds!an to be .nown
as 'anodba"an5 one overall Deput" and at least one Deput"
each for Lu0on5 Visa"as5 and ;indanao. A separate Deput" for
the !ilitar" establish!ent !a" li.ewise be appointed.
Section :. 'he officials and e!plo"ees of the Jffice of the
J!buds!an5 other than the Deputies5 shall be appointed b"
the J!buds!an5 accordin/ to the Civil Service Law.
Section 7. 'he J!buds!an and his Deputies shall be naturalE
born citi0ens of the Philippines5 and at the ti!e of their
appoint!ent5 at least fort" "ears old5 of reco/ni0ed probit" and
independence5 and !e!bers of the Philippine Bar5 and !ust
not have been candidates for an" elective office in the
i!!ediatel" precedin/ election. 'he J!buds!an !ust have5
for ten "ears or !ore5 been a 3ud/e or en/a/ed in the practice
of law in the Philippines.
Durin/ their tenure5 the" shall be sub3ect to the sa!e
dis<ualifications and prohibitions as provided for in Section 1
of Article (SEA of this Constitution.
Section 6. 'he J!buds!an and his Deputies shall be
appointed b" the President fro! a list of at least si7 no!inees
prepared b" the &udicial and Bar Council5 and fro! a list of
three no!inees for ever" vacanc" thereafter. Such
appoint!ents shall re<uire no confir!ation. All vacancies shall
be filled within three !onths after the" occur.
Section 3J. 'he J!buds!an and his Deputies shall have the
ran. of Chair!an and ;e!bers5 respectivel"5 of the
Constitutional Co!!issions5 and the" shall receive the sa!e
salar" which shall not be decreased durin/ their ter! of office.
Section ((. 'he J!buds!an and his Deputies shall serve for
a ter! of seven "ears without reappoint!ent. 'he" shall not be
<ualified to run for an" office in the election i!!ediatel"
succeedin/ their cessation fro! office.
Section 32. 'he J!buds!an and his Deputies5 as protectors
of the people5 shall act pro!ptl" on co!plaints filed in an)
fo(& o( &anne( a/ainst public officials or e!plo"ees of the
Govern!ent5 or an" subdivision5 a/enc" or instru!entalit"
thereof5 includin/ /overn!entEowned or controlled
corporations5 and shall5 in appropriate cases5 notif" the
co!plainants of the action ta.en and the result thereof.
Section 3G. 'he Jffice of the J!buds!an shall have the
followin/ powers5 functions5 and duties=
9(: $nvesti/ate on its own5 or on co!plaint b" an"
person5 an" act or o!ission of an" public official5
e!plo"ee5 office or a/enc"5 when such act or
o!ission appears to be ille/al5 un3ust5 i!proper5 or
inefficient.
91: Direct5 upon co!plaint or at its own instance5 an"
public official or e!plo"ee of the Govern!ent5 or an"
subdivision5 a/enc" or instru!entalit" thereof5 as
well as of an" /overn!entEowned or controlled
corporation with ori/inal charter5 to perfor! and
e7pedite an" act or dut" re<uired b" law5 or to stop5
prevent5 and correct an" abuse or i!propriet" in the
perfor!ance of duties.
92: Direct the officer concerned to ta.e appropriate
action a/ainst a public official or e!plo"ee at fault5
and reco!!end his re!oval5 suspension5 de!otion5
fine5 censure5 or prosecution5 and ensure
co!pliance therewith.
96: Direct the officer concerned5 in an" appropriate
case5 and sub3ect to such li!itations as !a" be
provided b" law5 to furnish it with copies of
docu!ents relatin/ to contracts or transactions
entered into b" his office involvin/ the disburse!ent
or use of public funds or properties5 and report an"
irre/ularit" to the Co!!ission on Audit for
appropriate action.
98: ,e<uest an" /overn!ent a/enc" for assistance
and infor!ation necessar" in the dischar/e of its
responsibilities5 and to e7a!ine5 if necessar"5
pertinent records and docu!ents.
9>: Publici0e !atters covered b" its investi/ation
when circu!stances so warrant and with due
prudence.
9+: Deter!ine the causes of inefficienc"5 red tape5
!is!ana/e!ent5 fraud5 and corruption in the
Govern!ent and !a.e reco!!endations for their
eli!ination and the observance of hi/h standards of
ethics and efficienc".
9*: Pro!ul/ate its rules of procedure and e7ercise
such other powers or perfor! such functions or
duties as !a" be provided b" law.
Section 3A. 'he Jffice of the J!buds!an shall en3o" fiscal
autono!". $ts approved annual appropriations shall be
auto!aticall" and re/ularl" released.
A. Co&position
An J!buds!an to be .nown as the
'anodba"an.
Jne overEall Deput"
At least one Deput" each for Lu0on5
Visa"as and ;indanao
A separate Deput" for the !ilitar"
establish!ent !a" li.ewise be appointed
B. .ualifications
'he J!buds!an and his Deputies !ust be=
(. Datural Born Citi0ens of the Philippines
1. At least 6C "ears of a/e
2. Jf reco/ni0ed probit" and independence
6. ;e!bers of the Philippine Bar
elective office in the i!!ediatel" precedin/
election.
1C+
SCHOOL OF LAW
ARIS S. MANGUERA
'he J!buds!an !ust have been a 3ud/e or
en/a/ed in the practice of law for ten "ears or
!ore.
C. Appoint&ent
B" the President fro! a list of at least si7 no!inees
prepared b" the &udicial and Bar Council5 and fro!
a list of at least three no!inees for ever" vacanc"
thereafter. All vacancies to be filled in three
!onths.
a. 'er! of Jffice= Seen "ears without
reappoint!ent
b. ,an. and Salar"= 'he J!buds!an and
his Deputies shall have the ran. of
Chair!an and ;e!bers5 respectivel"5 of
the Constitutional Co!!issions5 and the"
shall receive the sa!e salar" which shall
not be decreased durin/ his ter! of office.
c. -iscal Autono!"= 'he Jffice of the
J!buds!an shall en3o" fiscal autono!".
D. DisMualifications1In#iitions
Durin/ their tenure=
Shall not hold other office or e!plo"!ent
Shall not en/a/e in the practice of an"
profession or in the active !ana/e!ent
of control of an" business which in an"
wa" !a" be affected b" the functions of
his officeG
Shall not be financiall" interested5 directl"
or indirectl"5 in an" contract with5 or in an"
franchise or privile/e /ranted b" the
Govern!ent5 or an" of its subdivisions5
etc5G
Shall not be <ualified to run for an" office
in the election i!!ediatel" succeedin/
their cessation fro! office.
E. 4u(is!iction
0ow is t#e +u(is!iction of t#e O&u!s&an o"e(
a pe(son !ete(&ine!, -or purposes of
deter!inin/ the scope of the 3urisdiction of the
J!buds!an5 a public officer is one to who! so!e
of the soverei/n functions of the /overn!ent has
been dele/ated.
9'he Dational Centennial Co!!ission perfor!s
e7ecutive power which Ais /enerall" defined as the
power to enforce and ad!inister laws. $t is the
power of carr"in/ the laws into practical operation
and enforcin/ their due observance.B 'he e7ecutive
function5 therefore5 concerns the i!ple!entation of
the policies as set forth b" law. 7aurel . :esierto,
EGGE:
.% Char/ed with !urder5 the Governor challen/es
the authorit" of the office of the J!buds!an to
conduct the investi/ation. #e ar/ues that the
authorit" of the J!buds!an is li!ited to Acri!es
related to or connected with an official@s dischar/e
of his public functions.B Decide.
A% 'he J!buds!an has authorit". Section (1 sa"s
that he !a" Ainvesti/ateK an" act or o!ission of
an" public officialK when suc# act o( o&ission
appea(s to e ille*al' un+ust' i&p(ope( o(
inefficient. ;urder is ille/al. And since it was
alle/edl" co!!itted b" a public official it co!es
within the 3urisdiction of the J!buds!an. 9Deloso
v. Do!in/o5 ())C:
-. Powe(s an! Duties
(See Section 'E and '4 o# Article CI/
Jver the "ears the scope of the powers of the
J!buds!an under Section (1 has been clarified
thus settlin/ various disputed issues=
3. 'he o!buds!an can investi/ate onl" officers of
/overn!ent owned corporations with ori/inal
charter. PAL5 even when still owned b" the
/overn!ent5 did not have ori/inal charter.
>)+
2. 'he 3urisdiction of the J!buds!an over
disciplinar" cases involvin/ public school teachers
has been !odified b" Section ) of ,.A. 6>+C5
otherwise .nown as the ;a/na Carta for Public
School 'eachers5 which sa"s that such cases !ust
first /o to a co!!ittee appointed b" the Secretar" of
Education.
>)*
$t is erroneous5 thus5 for respondents to contend that
,.A. Do. 6>+C confers an e7clusive disciplinar"
authorit" on the DECS over public school teachers
and prescribes an e7clusive procedure in
ad!inistrative investi/ations involvin/ the!. ,.A.
Do. 6>+C was approved on &une (*5 ()>>. Jn the
other hand5 the ()*+ Constitution was ratified b" the
people in a plebiscite in ()*+ while ,.A. Do. >++C
was enacted on Dove!ber (+5 ()*). $t is basic that
the ()*+ Constitution should not be restricted in its
!eanin/ b" a law of earlier enact!ent. 'he ()*+
Constitution and ,.A. Do. >++C were <uite e7plicit in
conferrin/ authorit" on the J!buds!an to act on
co!plaints a/ainst all public officials and
e!plo"ees5 with the e7ception of officials who !a"
be re!oved onl" b" i!peach!ent or over !e!bers
of Con/ress and the &udiciar".
G. 'he J!buds!an Act authori0es the
J!buds!an to i!pose penalties in ad!inistrative
cases.
>))
Section 1( of ,A >++C vests in the
J!buds!an A!isciplina() aut#o(it) o"e( all
electi"e an! appointi"e officials of t#e
/o"e(n&ent5B e7cept i!peachable officers5
!e!bers of Con/ress5 and the &udiciar". And
under Section 18 of ,A >++C5 the J!buds!an !a"
+$/
<(an! 8r v Ombudsman, @.=. :o. 12%2$+, 1ul- 2#. 2##+.
+$2
Ombudsman v. Estandarte! @= 1+2+/#, April 1&, 2##/.
+$$
Ombudsman v. CA! :ovember 22, 2##+3 ;mbudsman v. "ucero,
:ovember 24, 2##+.
1C*
SCHOOL OF LAW
ARIS S. MANGUERA
i!pose in ad!inistrative proceedin/s the Apenalt)
(an*in* f(o& suspension wit#out pa) fo( one
)ea( to !is&issal with forfeiture of benefits or a fine
ran/in/ fro! five thousand pesos 9P85CCC.CC: to
twice the a!ount !alversed5 ille/all" ta.en or lost5
or both at the discretion of the J!buds!an 7 7
7.B Clearl"5 under ,A >++C the J!buds!an has the
power to i!pose directl" ad!inistrative penalt" on
public officials or e!plo"ees.
+CC
Dote5 however5 that accordin/ to the Local
Govern!ent Code5 elective officials !a" be
dis!issed onl" b" the proper court. Ahere the
disciplinin/ authorit" is /iven onl" the power to
suspend and not the power to re!ove5 it should not
be per!itted to !anipulate the law b" usurpin/ the
power to re!ove.B
+C(
A. 'he Special Prosecutor !a" not file an
infor!ation without authorit" fro! the J!buds!an.
,epublic Act Do. >++C5 b" conferrin/ upon the
J!buds!an the power to prosecute5 li.ewise /rants
to the J!buds!an the power to authori0e the filin/
of infor!ations. A dele/ated authorit" to prosecute
was also /iven to the Deput" J!buds!an5 but no
such dele/ation e7ists to the Special Prosecutor.
Dor is there an i!plied dele/ation. 'he Special
Prosecutor prosecutes onl" when authori0ed b" the
J!buds!an.
+C1
B. 'he J!buds!an has been conferred rule
!a.in/ power to /overn procedures under it.
+C2
Jne
who is answerin/ an ad!inistrative co!plaint filed
before the J!buds!an !a" not appeal to the
procedural rules under the Civil Service
Co!!ission.
+C6
:. 'he power to investi/ate or conduct a preli!inar"
investi/ation on an" J!buds!an case !a" be
e7ercised b" an investi/ator or prosecutor of the
Jffice of the J!buds!an5 or b" an" Provincial or
Cit" Prosecutor or their assistance5 either in their
re/ular capacities or as deputi0ed J!buds!an
prosecutors.
+C8
8. A preventive suspension will onl" last ninet" 9)C:
da"s5 not the entire duration of the cri!inal case li.e
petitioners see! to thin.. $ndeed5 it would be
constitutionall" proscribed if the suspension were to
be of an indefinite duration or for an unreasonable
len/th of ti!e. 'he Court has thus laid down the
rule that preventive suspension !a" not e7ceed the
!a7i!u! period of ninet" 9)C: da"s5 in consonance
/##
mbudsman v. CA) @.=. :o. 1+2#/$, 1ul- 1/, 2##/.
/#1
!angguniang ,aranga- v. Punong ,aranga-, @.=. :o. 1/#+2+,
4arch &, 2##2.
/#2
Pere& v. Sandi%abayan, @.=. :o. 1++#+2, !eptember 2+, 2##+.
/#&
6uencamino v. CA! @= 1/%2$%,April 4, 2##/.
/#4
4edina v. C;A, @.=. :o. 1/+4/2, Februar- 4, 2##2.
/#%
#onasan .. v. Panel of .nvesti%ators of t(e 9O8! @.=. :o.
1%$/4/, April 1&, 2##4.
with Presidential Decree Do. *C+5 now Section 81 of
the Ad!inistrative Code of ()*+.
+C>
.% ,A >++C e!powers the Jffice of the
J!buds!an to conduct preli!inar" investi/ations
and to directl" underta.e cri!inal prosecutions.
hat is the constitutional basis for this powerR
A% Article S$5 Section (29*: !eans that the
J!buds!an !a" be validl" e!powered with
prosecutorial functions b" the le/islature5 and this
the latter did when it passed ,A >++C. 9Ca!ana/ v.
Guerrero5 ())+:
Does it not violate the principle of separation of
powers since the power to conduct preli!inar"
investi/ation is e7clusive to the e7ecutive branchR
A% $f it is authori0ed b" the Constitution it cannot be
lo/icall" ar/ued that such power or the e7ercise
thereof is unconstitutional or violative of the
principle of the separation of powers. 9Ca!ana/ v.
Guerrero5 ())+:
Does it not directl" contravene Article S$5 Section +
b" di!inishin/ the authorit" and power lod/ed in
the Jffice of the Special ProsecutorR
A% $n Acop . 3##ice o# the 3mbudsman, '((5, the
Court upheld not onl" the power of Con/ress to so
place the Jffice of the Special Prosecutor under
the J!buds!an5 but also the power of Con/ress
to re!ove so!e of the powers /ranted to the Jffice
of Special Prosecutor. . 9Ca!ana/ v. Guerrero5
())+:
.% Are the powers of J!buds!an dele/ableR
A% 'he power to investi/ate or conduct a
preli!inar" investi/ation on an" J!buds!an case
!a" be e7ercised b" an investi/ator or prosecutor
of the Jffice of the J!buds!an5 or b" an"
Provincial or Cit" Prosecutor or their assistance5
either in their re/ular capacities or as deputi0ed
J!buds!an prosecutors. 9#onasan $$ v. Panel of
$nvesti/ators of the DJ&5 1CC6:
;In an) fo(& o( &anne(? $t was held that the fact
that the J!buds!an !a" start an investi/ation on
the basis of an" anon"!ous letter does not violate
the e<ual protection clause. -or purposes of
initiatin/ preli!inar" investi/ation before the Jffice
of the J!buds!an5 a co!plaint Ain an" for! or
!annerB is sufficient. 9Garcia v. ;iro5 1CC2:
+C+
/#+
illasenor v !andiganba-an @.=. :o. 12#/##, 4arch 4, 2##2
/#/
Antonio :achura, ;utline on Political "aw, &%1 (2##+*
1C)
SCHOOL OF LAW
ARIS S. MANGUERA
Powe( of Conte&pt. 'he J!buds!an is also
/ranted b" law the power to cite for conte!pt5 and
this power !a" be e7ercised b" the J!buds!an
while conductin/ preli!inar" investi/ation because
preli!inar" investi/ation is an e7ercise of <uasiE
3udicial functions. 9Lasti!osa v. Vas<ue05 162
SC,A 6)+:
+C*
Can t#e Cou(t e co&pelle! to (e"iew t#e
e@e(cise of !isce(n&ent in p(osecutin* o(
!is&issin* a case efo(e t#e O&u!s&an, $t
has been consistentl" held that it is not for the
Court to review the J!buds!an@s para!ount
discretion in prosecutin/ or dis!issin/ a co!plaint
filed before his office. 'he rule is based not onl"
upon the respect for the investi/ator" and
prosecutor powers /ranted b" the Constitution to
the Jffice of the J!buds!an but upon practicalit"
as well. 9Jtherwise5 the functions of the courts will
be /rievousl" ha!pered b" innu!erable petitions
assailin/ the dis!issal of investi/ator" proceedin/s
conducted b" the Jffice of the J!buds!an with
re/ard to co!plaints filed before it. 9Jlaire0 v.
Sandi/anba"an5 1CC2:
'here is5 however5 one i!portant e7ception to this
rule5 and that is5 when /rave abuse of discretion on
the part of the J!buds!an in either prosecutin/ or
dis!issin/ a case before it is evident. $n this event5
the act of the J!buds!an can 3ustifiabl" be
assailed.
+C)
O&u!s&an #as no aut#o(it) to !i(ectl)
!is&iss a pulic office( f(o& *o"e(n&ent
se("ice. 4nder Section (292: of Article S$5 the
J!buds!an can onl" reco!!end to the officer
concerned the re!oval of a public officer or
e!plo"ee found to be ad!inistrativel" liable.
9'aplador v. Jffice of the J!buds!an5 1CC1: Be
that as it !a"5 the refusal5 without 3ust cause5 of
an" officer to co!pl" with such an order of the
J!buds!an to penali0e errin/ officer or e!plo"ee
is a /round for disciplinar" action. 'hus5 there is a
stron/ indication that the J!buds!an@s
reco!!endation is not !erel" advisor" in nature
but actuall" !andator" within the bounds of law.
'his5 should not be interpreted as usurpation of the
J!buds!an of the authorit" of the head of office
or an" officer concerned. $t has lon/ been settled
that the power of the J!buds!an to investi/ate
and prosecute an" ille/al act or o!ission of an"
public official is not an e7clusive authorit"5 but a
shared or concurrent authorit" in respect of the
offense char/ed. 9Ledes!a v. CA5 1CC8:
-. Powe( to In"esti*ate
'he power to investi/ate5 includin/ preli!inar"
investi/ation5 belon/s to the J!buds!an and not
/#2
Antonio :achura, ;utline on Political "aw, &%1 (2##+*
/#$
Antonio :achura, ;utline on Political "aw, &%& (2##+*
to the Special Prosecutor. 9Acop v. J!buds!an5
())8:
$) ". San!i*ana)an' 2JJ3% $t was held that
under Sections (( and (85 ,A >>+C5 the
J!buds!an s clothed with the authorit" to conduct
preli!inar" investi/ation and to prosecute all
cri!inal cases involvin/ public officers and
e!plo"ees5 not onl" those within the 3urisdiction of
the Sandi/anba"an5 but those within the 3urisdiction
of re/ular courts as well. 'he clause Aan" ille/al act
or o!ission of an" public officialB is broad enou/h
to e!brace an" cri!e co!!itted b" a public officer
or e!plo"ee.
O&u!s&anLs Powe( to In"esti*ate' Not
E@clusi"e. hile the J!buds!an@s power to
investi/ate is pri!ar"5 it is not e7clusive and5 under
the J!buds!an Act of ()*)5 he !a" dele/ate it to
others and ta.e it bac. an" ti!e he wants to. 9Acop
v. J!buds!an5 ())8:
'he J!buds!an can also investi/ate cri!inal
offenses co!!itted b" public officers which have
no relation to their office. 9Vas<ue0 v. Alino5 1+(
SC,A >+:
.% ;a" the !ilitar" deput" investi/ate civilian
policeR
A% Because the power of the J!buds!an is broad
and because the Deput" J!buds!an acts under
the direction of the J!buds!an5 the power of the
;ilitar" Deput" to investi/ate !e!bers of the
civilian police has also been affir!ed. 9Acop v.
J!buds!an5 ())8:
Ba( .uestion D2JJGE
Om%u!smanD Poer to Investi#ate
A /roup of losin/ liti/ants in a case decided b" the
Supre!e Court filed a co!plaint before the
J!buds!an char/in/ the &ustices with .nowin/l"
and deliberatel" renderin/ an un3ust decision in
utter violation of the penal laws of the land. Can the
J!buds!an validl" ta.e co/ni0ance of the caseR
E7plain.
S$//ESTED ANSWER= Do5 the J!buds!an
cannot entertain the co!plaint. As stated in the
case of $n re= Laureta. (6* SC,A 2*1 H()*+I5
pursuant to the principle of separation of powers5
the correctness of the decisions of the Supre!e
Court as final arbiter of all 3usticiable disputes is
conclusive upon all other depart!ents of the
/overn!entG the J!buds!an has no power to
review the decisions of the Supre!e Court b"
entertainin/ a co!plaint a/ainst the &ustices of the
Supre!e Court for .nowin/l" renderin/ an un3ust
decision.
SECOND ALTERNATIVE ANSWER= Article S$5
Section ( of the ()*+ Constitution provides that
public officers !ust at all ti!es be accountable to
the people. Section 11 of the J!buds!an Act
1(C
SCHOOL OF LAW
ARIS S. MANGUERA
provides that the Jffice of the J!buds!an has the
power to investi/ate an" serious !isconduct
alle/edl" co!!itted b" officials re!ovable b"
i!peach!ent for the purpose of filin/ a verified
co!plaint for i!peach!ent if warranted. 'he
J!buds!an can entertain the co!plaint for this
purpose.
.% ;a" the J!buds!an act on a co!plaint filed
b" dis/runtled part" liti/ants a/ainst the Supre!e
Court alle/in/ certain na!ed !e!bers of the Court
as havin/ co!!itted acts that appear to be ille/al5
un3ust5 i!proper or inefficientR ould it violate the
principle of separation of powers if he ta.es
co/ni0anceR
Su**este! Answe( ) Aela(!o Do&on!on%
Tes5 it is the dut" of the J!buds!an to investi/ate
Aon co!plaint b" an" person5 an" act or o!ission
of an" public official5 e!plo"ee5 office or a/enc"
when such act or o!ission appears to be ille/al5
un3ust5 i!proper or inefficient.B 9Article S$5 Section
(29(::
/. Powe( to Suspen!
P(e"enti"e Suspension. 'he power to investi/ate
also includes the power to i!pose preventive
suspension. 9Buenaseda v. -lavier5 ())2:
Suspension un!e( t#e O&u!s&an Act "isHRH
"is t#e Local /o"e(n&ent Co!e%
$n order to 3ustif" the preventive suspension of a
public official under Section 16 of ,A >++C5 the
evidence of /uilt should be stron/5 and=
a. 'he char/e a/ainst the officer or e!plo"ee
should involve dishonest"5 oppression or /rave
!isconduct or ne/lect in the perfor!ance of
dut"G
b. 'hat the char/es should warrant re!oval for!
the serviceG or
c. 'he respondent@s continued sta" in office
would pre3udice the case filed a/ainst hi!.
'he J!buds!an can i!pose the >E!onth
preventive suspension to all public officials5
whether elective or appointive5 who are under
investi/ation.
Jn the other hand5 in i!posin/ the shorter period
of si7t" 9>C: da"s of preventive suspension
prescribed in the Local Govern!ent Code of ())(
on an elective local official 9at an" ti!e after issues
are 3oined:5 it would be enou/h that=
a. 'here is reasonable /round to believe that the
respondent has co!!itted the act or acts
co!plained orG
b. 'he evidence of culpabilit" is stron/G
c. 'he /ravit" of the offense so warrantsG or
d. 'he continuance in office of the respondent
could influence the witnesses or pose a threat
to the safet" and inte/rit" of the records and
other evidence. 9&ose ;iranda v.
Sandi/anba"an5 1CC8:
Ba( .uestion D2JJAE
Om%u!sman" Poer to Suspen!D Preventive
Suspension
Director J failed the lifest"le chec. conducted
b" the J!buds!anYs Jffice because Js assets
were /rossl" disproportionate to his salar" and
allowances. ;oreover5 so!e assets were not
included in his State!ent of Assets and Liabilities.
#e was char/ed of /raft and corrupt practices and
pendin/ the co!pletion of investi/ations5 he was
suspended fro! office for si7 !onths.
.% A//rieved5 J petitioned the Court of Appeals
to annul the preventive suspension order on the
/round that the J!buds!an could onl" reco!!end
but not i!pose the suspension. ;oreover5 accordin/
to J5 the suspension was i!posed without an"
notice or hearin/5 in violation of due process. $s the
petitionerYs contention !eritoriousR Discuss briefl".
98U:
S$//ESTED ANSWER= 'he contention of Director
J is not !eritorious. 'he suspension !eted out
to hi! is preventive and not punitive. Section 16 of
,epublic Act Do. >++C /rants the J!buds!an the
power to i!pose preventive suspension up to si7
!onths. Preventive suspension !a"be i!posed
without an" notice or hearin/. $t is !erel" a
preli!inar" step in an ad!inistrative investi/ation
and is not the final deter!ination of the /uilt of the
officer concerned. 9Garcia v. ;o3ica5 2(6 SC,A 1C+
H()))I:.
.% -or his part5 the J!buds!an !oved to dis!iss
Js petition. Accordin/ to the J!buds!an the
evidence of /uilt of J is stron/5 and petitioner
failed to e7haust ad!inistrative re!edies. J
ad!itted he filed no !otion for reconsideration5 but
onl" because the order suspendin/ hi! was
i!!ediatel" e7ecutor". Should the !otion to dis!iss
be /ranted or notR Discuss briefl". 98U:
S$//ESTED ANSWER% 'he !otion to dis!iss
should be denied. Since the suspension of Director
J was i!!ediatel" e7ecutor"5 he would have
suffered irreparable in3ur" had he tried to e7haust
ad!inistrative re!edies before filin/ a petition in
court 94niversit" of the Philippines Board of ,e/ents
v. ,asul5 1CC SC,A >*8 H())(CBesides5 the
<uestion involved is purel" le/al. 9A0arcon v.
Buna/an5 2)) SC,A 2>8 H1CC2I:.
Ba( .uestion D366:E
Om%u!smanD Poer to Suspen!D Preventive
Suspension
An ad!inistrative co!plaint for violation of the AntiE
Graft and Corrupt Practices Act a/ainst S was filed
with the J!buds!an. $!!ediatel" after ta.in/
co/ni0ance of the case and the affidavits sub!itted
to hi!5 the J!buds!an ordered the preventive
1((
SCHOOL OF LAW
ARIS S. MANGUERA
suspension of S pendin/ preli!inar" investi/ation.
S <uestioned the suspension order5 contendin/
that the J!buds!an can onl" suspend
preventivel" subordinate e!plo"ees in his own
office. $s S correctR E7plain.
S$//ESTED ANSWER% Do5 S is not correct. As
held in Buenaseda vs. -lavier5 11> SC,A >68.
under Section 16 of ,epublic Act Do. >++C5 the
J!buds!an can place under preventive
suspension an" officer under his disciplinar"
authorit" pendin/ an investi/ation. 'he !o!ent a
co!plaint is filed with the J!buds!an5 the
respondent is under his authorit". Con/ress
intended to e!power the J!buds!an to suspend
all officers5 even if the" are e!plo"ed in other
offices in the Govern!ent. 'he words
LsubordinateL and Lin his bureauL do not appear in
the /rant of such power to the J!buds!an.
0. Powe( of O&u!s&an O"e( 0is Office
4nder the Constitution5 the Jffice of the
J!buds!an is an independent bod". As a
/uarant" of this independence5 the J!buds!an
has the power to appoint all officials and
e!plo"ees of the Jffice of the J!buds!an5 e7cept
his deputies. 'his power necessaril" includes the
power of settin/5 prescribin/ and ad!inisterin/ the
standards for the officials and personnel of the
Jffice.
'o further ensure its independence5 the
J!buds!an has been vested with the power of
ad!inistrative control and supervision of the Jffice.
'his includes the authorit" to or/ani0e such
directorates for ad!inistration and allied services
as !a" be necessar" for the effective dischar/e of
the functions of the Jffice5 as well as to prescribe
and approve its position structure and staffin/
pattern. Decessaril"5 it also includes the authorit" to
deter!ine and establish the <ualifications5 duties5
functions and responsibilities of the various
directorates and allied services of the Jffice. 'his
!ust be so if the constitutional intent to establish
an independent Jffice of the J!buds!an is to
re!ain !eanin/ful and si/nificant. 'he Civil
Service Co!!ission has no power over this.
+(C
$. Clai& of Confi!entialit)
Even the clai! of confidentialit" will not prevent the
J!buds!an fro! de!andin/ the production of
docu!ents needed for the investi/ation.
+((
$n Almonte . <as%ue=, '((5, the Court said that
where the clai! of confidentialit" does not rest on
the need to protect !ilitar"5 diplo!atic or other
national securit" secrets but on /eneral public
interest in preservin/ confidentialit"5 the courts have
/1#
Ombudsman v. CSC! @.=. :o. 1+221%, 1ul- &#, 2##/.
declined to find in the Constitution an absolute
privile/e even for the President.
+(1
;oreover5 even in cases where !atters are reall"
confidential5 inspection can be done in ca!era.
+(2
V. Special P(osecuto(
Section 8. 'he e7istin/ 'anodba"an shall hereafter be .nown
as the Jffice of the Special Prosecutor. $t shall continue to
function and e7ercise its powers as now or hereafter !a" be
provided b" law5 e7cept those conferred on the Jffice of the
J!buds!an created under this Constitution.
'his provision applies onl" to civil actions for
recover" of illE/otten wealth and not to cri!inal
cases. 'hus5 prosecution of offenses arisin/ fro!5
relatin/5 or incident to5 or involvin/ illE/otten wealth
in the said provision !a" be barred b" prescription.
9Presidential AdEhoc -act -indin/ Co!!ittee on
Behest Loans v. Deseirto5 ())):
VI. IllH*otten Wealt#
Section 3B. 'he ri/ht of the State to recover properties
unlawfull" ac<uired b" public officials or e!plo"ees5 fro! the!
or fro! their no!inees or transferees5 shall not be barred b"
prescription5 laches5 or estoppel.
'his provision applies onl" to civil actions for
recover" of illE/otten wealth and not to cri!inal
cases. 'hus5 prosecution of offenses arisin/ fro!5
relatin/5 or incident to5 or involvin/ illE/otten wealth
in the said provision !a" be barred b" prescription.
9Presidential AdEhoc -act -indin/ Co!!ittee on
Behest Loans v. Desierto5 ())):
.% Does Section (8 prevent the prescription of the
cri!eR
A% Do. 'he ri/ht to prosecute cri!inall" can
prescribe.
+(6
Ba( .uestion D2JJ2E
6raft an! CorruptionD Prescription of Crime
Suppose a public officer has co!!itted a violation
of Section 2 9b: and 9c: of the AntiGraft and Corrupt
Practices Act ],A Do5 2C():5 as a!ended5 b"
receivin/ !onetar" and other !aterial
considerations for contracts entered into b" hi! in
behalf of the /overn!ent and in connection with
other transactions5 as a result of which he has
a!assed ille/all" ac<uired wealth. 9a: Does the
cri!inal offense co!!itted prescribeR 91U: 9b:
Does the ri/ht of the /overn!ent to recover the
ille/all" ac<uired wealth prescribeR 92U:
/11
/12
/1&
/14
,ernas Primer at 4%1 (2##+ ed.*
1(1
SCHOOL OF LAW
ARIS S. MANGUERA
S$//ESTED ANSWER%
a: A violation of Section 29b: and 9c: of the AntiE
Graft and Corrupt Practices Act prescribes. As held
in Presidential AdE#oc -actE-indin/ Co!!ittee on
Behest Loans v. Desierto5 2(+ SC,A 1+1 9())):5
Article S$5 Section (8 of the Constitution does not
appl" to cri!inal cases for violation of the AntiEGraft
and Corrupt Practices Act
9b: Article S$5 Section (8 of the Constitution
provides that the ri/ht of the State to recover
properties unlawfull" ac<uired b" public officials or
e!plo"ees5 or fro! the! or fro! their no!inees or
transferees5 shall not be bared b" prescription.
VII. Rest(iction on -inancial Acco&o!ations
Section 3:. Do loan5 /uarant"5 or other for! of financial
acco!!odation for an" business purpose !a" be /ranted5
directl" or indirectl"5 b" an" /overn!entEowned or controlled
ban. or financial institution to the President5 the ViceE
President5 the ;e!bers of the Cabinet5 the Con/ress5 the
Supre!e Court5 and the Constitutional Co!!issions5 the
J!buds!an5 or to an" fir! or entit" in which the" have
controllin/ interest5 durin/ their tenure.
VIII. T(anspa(enc) Rule
Section 38. A public officer or e!plo"ee shall5 upon
assu!ption of office and as often thereafter as !a" be
re<uired b" law5 sub!it a declaration under oath of his assets5
liabilities5 and net worth. $n the case of the President5 the ViceE
President5 the ;e!bers of the Cabinet5 the Con/ress5 the
Supre!e Court5 the Constitutional Co!!issions and other
constitutional offices5 and officers of the ar!ed forces with
/eneral or fla/ ran.5 the declaration shall be disclosed to the
public in the !anner provided b" law.
II. Alle*iance to t#e State an! t#e Constitution
Section 37. Public officers and e!plo"ees owe the State and
this Constitution alle/iance at all ti!es and an" public officer or
e!plo"ee who see.s to chan/e his citi0enship or ac<uire the
status of an i!!i/rant of another countr" durin/ his tenure
shall be dealt with b" law.
.% ;i/uel is a holder of a A/reen cardB entitlin/ hi!
to be a resident of the 4nited States per!anentl".
$n his application for the card he put down his
intention to reside in the 4nited States
Aper!anentl"B. #e actuall" i!!i/rated to the
4nited States in ()*6 and thereb" assu!ed
alle/iance to the 4nited States. #e however
returned to the Philippines in ()*+ to run for !a"or
of a !unicipalit". $s Article S$5 Section (* applicable
to hi!R Does he have the necessar" residence
re<uire!entR
A% Article S$5 Section (* is not applicable because
it has reference to Aincu!bents.B hat is applicable
is Section >* of the J!nibus Election Code which
bars Aa per!anent resident of or an i!!i/rant to a
forei/n countr"B unless he waives his status as a
per!anent resident of the forei/n countr". 'he
!ere filin/ of a certificate of candidac" is not the
re<uired waiver. $t !ust be b" a special act done
before filin/ a certificate of candidac". 9Caasi v. CA5
())C:
I. Notes an! Co&&ents ) Do&on!on on A(ticle II
(. C(oni)is& which involves undul" favorin/ a
cron" to the pre3udice of public interest is a
for! of violation of the oath of office which
constitute betra"al of the public trust.
1. An ad!inistrative officer /iven b" statute the
ran. of &ustice is not a !e!ber of the
&udiciar"5 but of the E7ecutive Depart!ent. #e
!a" therefore be investi/ated b" the
J!buds!an. 'he Supre!e Court does not
have 3urisdiction to investi/ate because it
would be violative of the concept of separation
of powers. 9Doble3as v. 'ehan.ee5 ()>*:
1(2
SCHOOL OF LAW
ARIS S. MANGUERA
A(ticle III
NATIONAL ECONOMC AND
PATRIMONC
I& 6OA.S O+ NA,IONA. ECONOM0 9Section
(:
II& NA,@RA. RESO@RCESARE6A.IAN
DOC,RINE 9Sections 1:
III& .ANDS O+ P@).IC DOMAIN 9Section 2:
IV& CI,IJENSHIP REB@IREMEN,
V& +ORES, .ANDS AND PAR<S 9Section 6:
VI& ANCES,RA. .ANDS AND ANCES,RA.
DOMAIN 9Section 8:
VII& S,EWARDSHIP CONCEP,D ,RANS+ER
O+ .ANDS9Section >5+5 and *:
VIII&INDEPENDEN, ECONOMIC AND
P.ANNIN6 A6ENC0 9Section (+:
I/& +I.IPINIJA,ION O+ AREAS O+
INVES,EMEN,S 9Section (*:
/& P@).IC @,I.I,IES 9Section ((:
/I& PRE+ERN,IA. @SE O+ +I.IPINO .A)OR
9Section (1:
/II& ,RADE PO.IC0 9Section (2:
/III& S@S,AINED DEVE.OPMEN, O+
H@MAN RESO@RCED PRAC,ICE O+
PRO+ESSION 9Section (6:
/IV& COOPERA,IVES 9Section (8:
/V& 6OCCS 9Section (>:
/VI& ,EMPORAR0 S,A,E ,A<E=OVER
9Section (+:
/VII& NA,IONA.IJA,ION O+ IND@S,RIES
9Section (*:
/VIII& MONOPO.IES 9Section ():
/I/& CEN,RA. MONE,AR0 A@,HORI,0
9Section 1C:
//& +OREI6N .OANS 9Section 1(:
//I& PENA. SANC,IONS 9Section 11:
I. /oals of National Econo&)
Section 3. 'he /oals of the national econo!" are a !ore
e<uitable distribution of opportunities5 inco!e5 and wealthG a
sustained increase in the a!ount of /oods and services
produced b" the nation for the benefit of the peopleG and an
e7pandin/ productivit" as the .e" to raisin/ the <ualit" of life
for all5 especiall" the underEprivile/ed.
'he State shall pro!ote industriali0ation and full e!plo"!ent
based on sound a/ricultural develop!ent and a/rarian refor!5
throu/h industries that !a.e full and efficient use of hu!an
and natural resources5 and which are co!petitive in both
do!estic and forei/n !ar.ets. #owever5 the State shall protect
-ilipino enterprises a/ainst unfair forei/n co!petition and
trade practices.
$n the pursuit of these /oals5 all sectors of the econo!" and all
re/ions of the countr" shall be /iven opti!u! opportunit" to
develop. Private enterprises5 includin/ corporations5
cooperatives5 and si!ilar collective or/ani0ations5 shall be
encoura/ed to broaden the base of their ownership.
A. T#(eefol! *oal of t#e national econo&)
(. ;ore e<uitable distribution of wealthG
1. $ncrease of wealth for the benefit of the
peopleG
2. $ncreased productivit".
B. National Polic) on In!ust(ialiFation an!
A*(icultu(al De"elop&ent
hat is envisioned is not necessaril" a/riculturall"
related industriali0ation but rather industriali0ation
that is a result of releasin/ throu/h a/rarian refor!
capital loc.ed up in land. 'herefore5 this does not
!ean a hardEbound rule that a/ricultural
develop!ent !ust have priorit" over
industriali0ation. hat is envisioned is a fle7ible
and rational relationship between the two as
dictated b" the co!!on /ood.
+(8

C. Meanin* of t#e P#(ase ;$N-AIR -OREI/N
COMPETITION AND TRADE PRACTICES?
'he phrase is not to be understood in a li!ited
le/al and technical sense but in the sense of
an"thin/ that is har!ful to Philippine enterprises. At
the sa!e ti!e5 however5 the intention is not to
protect local inefficienc". Dor is the intention to
protect local industries fro! forei/n co!petition at
the e7pense of the consu!in/ public.
+(>
D. DeHclassification of fo(ests (ese("es
'he law on forest reserves was a!ended b"
Prsidential Decree Do. >62 dated (+ ;a" ()+6.
hereas under previous law the concurrence of
the Dational Asse!bl" was needed to withdraw
forest reserves found to be !ore valuable for their
!ineral contents than for the purpose for which the
reservation was !ade and convert the sa!e into
nonEforest reserves5 le/islative concurrence is no
lon/er needed. All that is re<uired is a
reco!!endation fro! the DED, Secretar"
indicatin/ which forest reservations are to be
withdrawn.
+(+
/1%
,ernas Primer at 4%& (2##+ ed.*
/1+
,ernas Primer at 4%4 (2##+ ed.*
/1/
Ape Minin% v. Soutneast Mindanao Gold! @.=. :o. 1%2+1& R
:o. 1%2+22, 1une 2&, 2##+.
1(6
SCHOOL OF LAW
ARIS S. MANGUERA
An unclassified forested area !a" not be ac<uired
b" continuous possession since it is inalienable.
+(*
II. Natu(al Resou(ces1Re*alian Doct(ine
Section 2. All lan!s of t#e pulic !o&ain5 waters5
!inerals5 coal5 petroleu!5 and other !ineral oils5 all forces of
potential ener/"5 fisheries5 forests or ti!ber5 wildlife5 flora and
fauna5 an! ot#e( natu(al (esou(ces a(e owne! ) t#e
State. ith the e7ception of a/ricultural lands5 all other
natural resources shall not be alienated. 'he e7ploration5
develop!ent5 and utili0ation of natural resources shall be
under the full control and supervision of the State. 'he State
!a" directl" underta.e such activities5 or it !a" enter into coE
production5 3oint venture5 or productionEsharin/ a/ree!ents
with -ilipino citi0ens5 or corporations or associations at least
si7t" per centum of whose capital is owned b" such citi0ens.
Such a/ree!ents !a" be for a period not e7ceedin/ twent"E
five "ears5 renewable for not !ore than twent"Efive "ears5 and
under such ter!s and conditions as !a" be provided b" law.
$n cases of water ri/hts for irri/ation5 water suppl" fisheries5 or
industrial uses other than the develop!ent of water power5
beneficial use !a" be the !easure and li!it of the /rant.
'he State shall protect the nationYs !arine wealth in its
archipela/ic waters5 territorial sea5 and e7clusive econo!ic
0one5 and reserve its use and en3o"!ent e7clusivel" to -ilipino
citi0ens.
'he Con/ress !a"5 b" law5 allow s!allEscale utili0ation of
natural resources b" -ilipino citi0ens5 as well as cooperative
fish far!in/5 with priorit" to subsistence fisher!en and fishE
wor.ers in rivers5 la.es5 ba"s5 and la/oons.
'he President !a" enter into a/ree!ents with forei/nEowned
corporations involvin/ either technical or financial assistance
for lar/eEscale e7ploration5 develop!ent5 and utili0ation of
!inerals5 petroleu!5 and other !ineral oils accordin/ to the
/eneral ter!s and conditions provided b" law5 based on real
contributions to the econo!ic /rowth and /eneral welfare of
the countr". $n such a/ree!ents5 the State shall pro!ote the
develop!ent and use of local scientific and technical
resources.
'he President shall notif" the Con/ress of ever" contract
entered into in accordance with this provision5 within thirt"
da"s fro! its e7ecution.
A. Re*alian Doct(ine =4u(a Re*alia>
A'he universal feudal theor" that all lan!s ere
hel! from the Cron7 9Carino v. $nsular
Govern!ent5 ()C):
9,eco/ni0ed in the ()285 ()+2 and ()*+
ConstitutionsG As adopted in a republican s"ste!5
the !edieval concept of ?ura regalia has been
stripped of re/alia overtones= ownership is vested
in the State5 not in the head of the State. 9Lee
#on/ Mo. v. David5 6* SC,A 2+1:
+()
/12
$epublic v. :a%uiat! @.=. :o. 1&42#$. 1anuar- 24,
2##+.
/1$
Antonio :achura, ;utline on Political "aw, &%+ (2##+*
B. ConseMuence of t#e Re*alian Doct(ine in Section
2
An" person clai!in/ ownership of a portion of the
public do!ain !ust be able to show title fro! the
state accordin/ to an" of the reco/ni0ed !odes of
ac<uisition of title. 9Lee #on/ Mo. v. David5 6*
SC,A 2+1:
.% hen the re/alia doctrine was introduced into
the Philippines b" coloni0ers5 did the coloni0ers
strip the natives of their ownership of landsR
A% Do. Ahen as far bac. as testi!on" or !e!or"
/oes5 the land has been held b" individuals under
a clai! of private ownership5 it will be presu!ed
that to have been held in the sa!e wa" fro!
before the Spanish con<uest5 and never to have
been public land.B 9Carino v. $nsular Govern!ent5
()C):
C. I&pe(iu& an! Do&iniu&
$n public law5 there e7ists the wellE.nown distinction
between /overn!ent authorit" possessed b" the
State which is appropriatel" e!braced in
soverei/nt"5 and its capacit" to own or ac<uire
propert". 'he for!er co!es under the headin/ of
imperium5 and the latter of dominium. 'he use of
the ter! dominium is appropriate with reference to
lands held b" the State in its proprietar" character.
$n such capacit"5 it !a" provide for the e7ploitation
and use of lands and other natural resources5
includin/ their disposition5 e7cept as li!ited b" the
Constitution.
+1C
D. Li&its I&pose! ) Section 2 on t#e 4u(a Re*alia
of t#e State.
(. Jnl" a/ricultural lands of the public do!ain !a"
be alienated.
1. 'he e7ploration5 develop!ent5 and utili0ation of
all natural resources shall be under the full
control and supervision of the State either b"
directl" underta.in/ such e7ploration5
develop!ent5 and utili0ation or throu/h coE
production5 3oint venture5 or productionEsharin/
a/ree!ents with <ualified persons or
corporations.
2. All a/ree!ents with the <ualified private sector
!a" be for onl" a period not e7ceedin/ twent"E
five "ears5 renewable for another twent"Efive
"ears. 9'he twent"Efive "ear li!it is not
applicable to Awater ri/hts for irri/ation5 water
suppl"5 fisheries5 or industrial uses other than
the develop!ent of water power5B for which
Abeneficial use !a" be the !easure and the
li!it of the /rant.B:
/2#
Antonio :achura, ;utline on Political "aw, &%/ (2##+*
1(8
SCHOOL OF LAW
ARIS S. MANGUERA
6. 'he use and en3o"!ent of !arine wealth of the
archipela/ic waters5 territorial sea5 and
e7clusive econo!ic 0one shall be reserved for
-ilipino citi0ens. 9$t would see! therefore that
corporations are e7cluded or at least !ust be
full" owned b" -ilipinos.:
8. 4tili0ation of natural resources in rivers5 la.es5
ba"s5 and la/oons !a" be allowed on a As!all
scaleB -ilipino citi0ens or cooperativesE with
priorit" for subsistence fisher!en and
fishwor.ers. 9'he bias here is for the protection
of the little people.:
+1(
E. Cases on Re*alian Doct(ine

Sunea& Con"enience -oo! ". CA' 373 SCRA
AAG% Ae adhere to the ,e/alian Doctrine where all
a/ricultural5 ti!ber and !ineral lands are sub3ect to
the do!inion of the State.B 'hus5 before an" land
!a" be classified fro! the forest /roup and
converted into alienable or disposable land for
a/ricultural or other purposes5 there !ust be a
positive act fro! the Govern!ent. 'he !ere fact
that a title was issued b" the Director of Lands
does not confer ownership over the propert"
covered b" such title where the propert" is part of
the public forest.
Repulic ". Sa)o' 363 SCRA 83% $t was held that
in the absence of proof that propert" is privatel"
owned5 the presu!ption is that it belon/s to the
State.
'hus5 where there is no showin/ that the land had
been classified as alienable before the title was
issued5 an" possession thereof5 no !atter how
len/th"5 cannot ripen into ownership. And all lands
not otherwise appearin/ to be clearl" within private
ownership are presu!ed to belon/ to the State.
9Seville v. Dational Develop!ent Co!pan"5 1CC(:
$nite! Pa(acale ". !e la Rosa' 223 SCRA 3J7%
'he Court said that consonant with ,e/alian
Doctrine5 all lands not otherwise appearin/ to be
clearl" within private ownership are presu!ed to
belon/ to the State. $t is also on the basis of this
doctrine that the State has the power to control
!inin/ clai!s5 as provided in PD (1(6.
Repulic ". Re*iste( of Dee!s of .ueFon' 2AA
SCRA BG8% 4nder the ,e/alian Doctrine5 all lands
not otherwise clearl" appearin/ to be privatel"
owned are presu!ed to belon/ to the State. $n our
3urisdiction5 the tas. of ad!inisterin/ and disposin/
lands of the public do!ain belon/s to the Director
of Lands and5 ulti!atel"5 the Secretar" of
Environ!ent and Datural ,esources. 'he
classification of public lands is5 thus5 an e7clusive
prero/ative of the E7ecutive Depart!ent throu/h
the Jffice of the President. Courts have no
/21
,ernas Primer at 4%/ (2##+ ed.*
authorit" to do so. $n the absence of such
classification5 the land re!ains unclassified public
land under released therefro! and rendered open
to disposition.
Itu(al!e ". -alcasantos' 3666% -orest land is nt
capable of private appropriation and occupation in
the absence of a positive act of the /overn!ent
declassif"in/ it into alienable or disposable land for
a/ricultural purposes. Accordin/l"5 where there is
"et no award or /rant to petitioner of the land in
<uestion b" free patent or other wa"s of ac<uisition
of public land5 petitioner cannot lawfull" clai!
ownership of the land. Possession of forest lands5
however lon/5 cannot ripen into private ownership.
-. Reclai&e! lan!s
.% hat is the nature of reclai!ed foreshore and
sub!er/ed landsR
A% 'he" are lan!s of pulic !o&ain and5 unless
classified as alienable5 !a" not be disposed of.
.% -or reclai!ed land to be re/istered as private
propert" what is re<uiredR
A% 9(: 'here !ust be a proof that the land had
been classified as alienableG
91: 'he person see.in/ re/istration !ust show
proof of havin/ ac<uired the propert" 9e./.5 b"
prescription:. 9,epublic v. Enciso5 1CC8:
.% Could the Public Estates Authorit" dispose of
reclai!ed landsR
A% $n order for PEA to sell its reclai!ed foreshore
and sub!er/ed alienable lands of the public
do!ain5 there !ust be le/islative authorit"
e!powerin/ PEA to sell these lands. ithout such
le/islative authorit"5 PEA could not sell but onl"
lease its reclai!ed foreshore and sub!er/ed
alienable lands of the public do!ain.
Devertheless5 an" le/islative authorit" /ranted to
PEA to sell its reclai!ed alienable lands of the
public do!ain would be sub3ect to the
constitutional ban on private corporations fro!
ac<uirin/ alienable lands of the public do!ain.
#ence5 such le/islative authorit" could onl" benefit
private individuals. 9Chave0 v. PEA and A;A,$5
&ul" )5 1CC1:
A,eclai!ed lands of the public do!ain if sold or
transferred to a public or !unicipal corporation for
a !onetar" consideration beco!e patri!onial
propert"K HandI !a" be soldK to private parties5
whether -ilipino citi0ens of <ualified corporations.B
9;a" >5 1CC2 ,esolution:
.% hat is the nature of the ,opon//i propert" in
&apanR
A% $t is of public do!inion 9unless it is convincin/l"
shown that the propert" has beco!e patri!onial:.
As propert" of public do!inion5 the ,opon//i lot is
outside the co!!erce of !an.
1(>
SCHOOL OF LAW
ARIS S. MANGUERA

Chavez v. NHA, G.*. #o. +,2.03) August +.)
0--3.
,eclai!ed land is public land. Before it can be
re/isted as private propert" is !ust be classified as
alienable.
+11
Jnce classified it beco!es alienable.
A presidential procla!ation is a sufficient
instru!ent for classif"in/ reclai!ed land. 'hus
when President A<uino issued ;J 6(8 conve"in/
the land covered b" the S!o.e" ;ountain
Du!psite to the Dational #ousin/ Authorit" as well
as the area to be reclai!ed across ,E(C5 the
cone"ance i!plicitl" carried with it the declaration
that said lands are alienable and disposable.
Jtherwise5 the D#A could not effectivel" use the!
in its housin/ and resettle!ent pro3ect. President
,a!os !ade si!ilar conve"ances to the D#A.
,A >)8+ as a!ended b" ,A ++(* provides a!ple
authorit" for the classification of reclai!ed land.
'he fact that ,A >)8+ as !odified b" ,A ++(*
declared that t reclai!ed lands that shall serve as
pa"!ent to the pro3ect proponent alread" i!plies
that the the land has been classified. 'his
conclusion is necessar" for how else can the land
be used as the enablin/ co!ponent for the Pro3ect
if such classification is not dee!ed !ade.
e ruled in +1A that Aalienable lands of public
do!ain !ust be transferred to <ualified private
parties5 or to /overn!ent entities not tas.ed to
dispose of public lands5 before these lands can
beco!e private or patri!onial lands 9e!phasis
supplied:.B 'o lands reclai!ed b" PEA or throu/h a
contract with a private person or entit"5 such
reclai!ed lands still re!ain alienable lands of
public do!ain which can be transferred onl" to
-ilipino citi0ens but not to a private corporation.
'his is because PEA under PD (C*6 and EJ 818 is
tas.ed to hold and dispose of alienable lands of
public do!ain and it is onl" when it is transferred to
-ilipino citi0ens that it beco!es patri!onial
propert".
Jn the other hand5 the D#A is a /overn!ent
a/enc" not tas.ed to dispose of public lands under
its charterN'he ,evised Ad!inistrative Code of
()*+. 'he D#A is an AendEuser a/enc"B
authori0ed b" law to ad!inister and dispose of
reclai!ed lands. 'he !o!ent titles over reclai!ed
lands based on the special patents are transferred
to the D#A b" the ,e/ister of Deeds5 the" are
auto!aticall" converted to patri!onial properties of
the State which can be sold to -ilipino citi0ens and
private corporations5 >CU of which are owned b"
-ilipinos. 'he reason is obvious= if the reclai!ed
land is not converted to patri!onial land once
transferred to D#A5 then it would be useless to
transfer it to the D#A since it cannot le/all" transfer
/22
$epublic v. Enciso! @.=. 1+#14%, :ovember 11, 2##%.
or alienate lands of public do!ain. ;ore
i!portantl"5 it cannot attain its avowed purposes
and /oals since it can onl" transfer patri!onial
lands to <ualified beneficiaries and prospective
bu"ers to raise funds for the S;D,P.

-ro! the fore/oin/ considerations5 we find that the
+)Ehectare reclai!ed land has been declared
alienable and disposable land of the public do!ainG
and in the hands of D#A5 it has been reclassified
as patri!onial propert".
+12
/. E@plo(ation' De"elop&ent an! $tiliFation of
Inalienale Resou(ces.
A'he e7ploration5 develop!ent5 and utili0ation of natural
resources shall be under the full control and supervision
of the State. 'he State !a" directl" underta.e such
activities5 or it !a" enter into coEproduction5 3oint venture5
or productionEsharin/ a/ree!ents with -ilipino citi0ens5 or
corporations or associations at least si7t" per centum of
whose capital is owned b" such citi0ensKB
.% Section 1 spea.s of AcoEproduction5 3oint
venture5 or production sharin/ a/ree!entsB as
!odes of e7ploration5 develop!ent5 and utili0ation
of inalienable lands. Does this effectivel" e7clude
the lease s"ste!R
A% Tes5 with respect to !ineral and forest lands.
9A/ricultural lands !a" be sub3ect of lease:
+16
.% ho are <ualified to ta.e part in the e7ploration5
develop!ent and utili0ation of natural resourcesR
A% -ilipino citi0ens and corporations or associations
at least si7t" percent of whose capital is owned b"
-ilipino citi0ens. 9Dote however5 that as to !arine
wealth5 onl" -ilipino citi0ens are <ualified. 'his is
also true of natural resources in rivers5 ba"s5 la.es
and la/oons5 but with allowance for
cooperatives.:
+18
.% $f natural resources5 e7cept a/ricultural land5
cannot be alienated5 how !a" the" be e7plored5
developed5 or utili0edR
A% 9(: Direct underta.in/ of activities b" the State
or
91: CoEproduction5 3oint venture5 or productionE
sharin/ a/ree!ents with the State and all Aunder
the full control and supervision of the State.B

.% ;a" the State enter into service contracts with
forei/n owned corporationsR
A% Tes5 but sub3ect to the strict li!itations in the last
two para/raphs of Section 1. -inancial and e
technical a/ree!ents are a for! of service
contract. Such service contacts !a" be entered
into only with respect to !inerals5 petroleu!5 and
other !ineral oils. 'he /rant of such service
contracts is sub3ect to several safe/uards5 a!on/
/2&
C(ave& v. :#A! @.=. :o. 1+4%2/, August 1%, 2##/.
/24
,ernas Primer at 4%/ (2##+ ed.*
/2%
,ernas Primer at 4%$ (2##+ ed.*
1(+
SCHOOL OF LAW
ARIS S. MANGUERA
the!= 9(: that the service contract be crafted in
accordance with a /eneral law settin/ standard of
unifor! ter!s5 conditions and re<uire!entsG 91: the
President be the si/nator" for the /overn!entG and
92: the President report the e7ecuted a/ree!ent to
Con/ress within thirt" da"s. 9La Bu/al B@laan 'ribal
Assoc.5 1CC65 ,econsideration5 1CC8:
.% hen technical and financial assistance
a/ree!ent is entered into under Section 15 can it
include so!e !ana/e!ent role for the forei/n
corporationR
A% Tes. hile the Constitution !entions onl"
financial and technical assistance the" necessaril"
include the !ana/erial e7pertise needed in the
creation and operation of the lar/eEscale
!inin/%e7tractive enterprise5 but the /overn!ent
throu/h its a/encies 9DED,%;GB: !ust activel"
e7ercises full control and supervision over the
entire enterprise. 9La Bu/al B@laan 'ribal Assoc.5
1CC65 ,econsideration5 1CC8:
0. Ma(ine Wealt#
Article S$$5 Section 1= AK'he State shall protect the
nationYs !arine wealth in its archipela/ic waters5
territorial sea5 and e7clusive econo!ic 0one5 and
reserve its use and en3o"!ent e7clusivel" to
-ilipino citi0ens. 777B
Article S$$5 Section 1= A'he Con/ress !a"5 b" law5
allow s!allEscale utili0ation of natural resources b"
-ilipino citi0ens5 as well as cooperative fish
far!in/5 with priorit" to subsistence fisher!en and
fishE wor.ers in rivers5 la.es5 ba"s5 and la/oons. A
Ma(*inal -is#e(&an% A !ar/inal fisher!an is
defined as an individual en/a/ed in fishin/ b"
e7istin/ price levels5 is barel" sufficient to "ield a
profit or cover the cost of /atherin/ the fish while a
AsubsistenceB fisher!an is one whose catch "ields
but the irreducible !ini!u! to his livelihood.
Section (2( of the Local Govern!ent Code defines
a A!ar/inal far!er or fisher!anB as one en/a/ed
in subsistence far!in/ or fishin/5 which shall be
li!ited to the sale5 barter or e7chan/e of
a/ricultural or !arine products produced b" hi!self
and his i!!ediate fa!il". 'he preferential ri/ht
/ranted to the! is not absolute. 9'ano v. Socrates5
())+:
-. -inancial an! Tec#nical A*(ee&ents
'he ()*+ Constitution did not co!pletel" do awa"
with service contractsG but now their scope has
been li!ited and are now called financial and
technical a/ree!ents and he" !a" be entered into
with forei/n corporations. 'he /rant of such service
contracts is sub3ect to several safe/uards5 a!on/
the!= 9(: that the service contract be crafted in
accordance with a /eneral law settin/ standard or
unifor! ter!s5 conditions and re<uire!entsG 91: the
President be the si/nator" for the /overn!entG and
92: the President report the e7ecuted a/ree!ent to
Con/ress within thirt" da"s.
+1>
-orei/n contractors !a" provide not 3ust capital5
techonolo/" and technical .nowEhow but also
!ana/erial e7pertise to the e7tent needed for the
creation and operation of the lar/eEscale
!inin/%e7tractive enterprise. But the /overn!ent5
throu/h its a/encies 9DED,5 ;GB: !ust activel"
e7ercises full control and supervision over the
entire enterprise.
+1+
III. Lan!s of Pulic Do&ain
Section G. Lands of the public do!ain are classified into
a/ricultural5 forest or ti!ber5 !ineral lands and national par.s.
A/ricultural lands of the public do!ain !a" be further
classified b" law accordin/ to the uses to which the" !a" be
devoted. Alienable lands of the public do!ain shall be li!ited
to a/ricultural lands. Private corporations or associations !a"
not hold such alienable lands of the public do!ain e7cept b"
lease5 for a period not e7ceedin/ twent"Efive "ears5 renewable
for not !ore than twent"Efive "ears5 and not to e7ceed one
thousand hectares in area. Citi0ens of the Philippines !a"
lease not !ore than five hundred hectares5 or ac<uire not
!ore than twelve hectares thereof5 b" purchase5 ho!estead5
or /rant.
'a.in/ into account the re<uire!ents of conservation5 ecolo/"5
and develop!ent5 and sub3ect to the re<uire!ents of a/rarian
refor!5 the Con/ress shall deter!ine5 b" law5 the si0e of lands
of the public do!ain which !a" be ac<uired5 developed5 held5
or leased and the conditions therefor.
Classification of Pulic Lan!s. 'he classification
of public lands is a function of the e7ecutive branch
of /overn!ent5 specificall" the Director of Lands5
now the Director of the Land ;ana/e!ent Bureau.
'he decision of the Director5 when approved b" the
Secretar" of the Depart!ent of Environ!ent and
Datural ,esources5 as to <uestions of fact5 is
conclusive upon the courts. 9,epublic v. $!perial5
())):
'he prero/ative of classif"in/ public lands pertains
to ad!inistrative a/encies which have been
speciall" tas.ed b" statutes to do so and the courts
will not interfere on !atters which are addressed to
the sound discretion of /overn!ent and%or <uasiE
3udicial a/encies entrusted with the re/ulation of
activities co!in/ under their special technical
.nowled/e and trainin/.
+1*
/2+
La 6u%al 62laan Tribal Assoc. 99:=, @.=. :o. 12/222,
December 1, 2##4. (;n =econsideration* and Februar- 1, 2##%.
/2/
0d.
/22
$epublic v. Mendo&a! @= 1%&/2/. 4arch 22, 2##/.
1(*
SCHOOL OF LAW
ARIS S. MANGUERA
.% ho !a" chan/e the classification of public
lands5 e./.5 fro! inalienable to alienable5 and how
is the classification doneR
A% 'he classification of public lands is the e7clusive
prero/ative of the President upon reco!!endation
of the pertinent depart!ent head. 9CA Do. (6(:
.% Does the classification of land chan/e
auto!aticall" when the nature of the land
chan/esR
A% Do. A positive act of the e7ecutive is needed.
An"one who clai!s that the classification has been
chan/ed !ust be able to show the positive act of
the President indicatin/ such positive act. 'he
classification is descriptive of its le/al nature and
not of what the land actuall" loo.s li.e. #ence5 for
instance5 that a for!er forest has been denuded
does not b" the fact !eant that it has ceased to be
forest land. 9Director of Lands v. &ud/e A<uino5
())C:
.% Can a land have a !i7ed classification5 e./.5
partl" !ineral5 partl" a/riculturalR
A% Do. A'he Court feels that the ri/hts over the land
are indivisible and that the land itself cannot be half
a/ricultural and half !ineral.9,epublic v. CA:
Alienale lan!s of t#e pulic !o&ain s#all e
li&ite! to a*(icultu(al lan!s. $t was deter!ined
that the lands sub3ect of the decree of the Court of
-irst $nstance were not alienable lands of the public
do!ain5 bein/ part of the reservation for provincial
par. purposes and thus part of the forest 0one.
-orest land cannot be owned b" private personsG
its is not re/istrable5 and possession thereof5 no
!atter how len/th"5 cannot convert it into private
land5 unless the land is reclassified and considered
disposable and alienable.
-oreshore land is that part of the land which is
between the hi/h and low water5 and left dr"
b" the flu7 and reflu7 of the tides. $t is part of
the alienable land of the public do!ain and
!a" be disposed of onl" b" lease and not
otherwise. 9,epublic v. $!perial5 ())):
P(i"ate co(po(ations o( associations &a) not
#ol! suc# alienale lan!s of t#e pulic !o&ain
e@cept ) lease. $n :irector o# 7ands . IAC and
Acme +lywood D<eneer Co., 'FH SC9A 5G(, the
Supre!e Court declared that the ()+2 Constitution
cannot i!pair vested ri/hts. here the land was
ac<uired in ()>1 when corporation were allowed to
ac<uire lands not e7ceedin/ (5C16 hectares5 the
sa!e !a" be re/istered in ()*15 despite the
constitutional prohibition a/ainst corporations
ac<uirin/ lands of the public do!ain. 'his is the
controllin/ doctrine toda".
'he ()*+ Constitution prohibits private
corporations fro! ac<uirin/ alienable lands of
the public do!ain. Amari bein/ a private
corporation5 is barred fro! such ac<uisition.
'he Public Estates Authorit" 9PEA: is not an
end user a/enc" with respect to the reclai!ed
lands under the a!ended &oint Venture
A/ree!ent5 and PEA !a" si!pl" turn around
and transfer several hundreds of hectares to a
sin/le private corporation in one transaction.
9Chave0 v. PEA5 1CC2:
.% hen does land of the public do!ain beco!e
private landR
A% hen it is ac<uired fro! the /overn!ent either
b" purchase of b" /rant. 9As held in 3h Cho .
:irector o# 7ands5 +8 Phil )*C5 Aall lands that were
not ac<uired fro! the Govern!ent5 either b"
purchase or b" /rant5 belon/ to the public do!ain.
An e7ception to the rule would be an" land that
should have been in the possession of an occupant
and of his predecessorsEinEinterest since ti!e
i!!e!orial5 for such possession would 3ustif" the
presu!ption that the land had never been part of
the public do!ain or that it had been private
propert" even before the Spanish con<uest.B:
.% Can prescription transfor! public land into private
landR
A% Tes5 if it is alienable land. 9AJpen5 e7clusive and
undisputed possession of alienable public land for the
period prescribed b" law creates the le/al fiction whereb"
the land5 upon co!pletion of the re<uisite period ipso ?ure
and without need of 3udicial or other sanction5 ceases to
be public land and beco!es private propert". Such open5
continuous5 e7clusive and notorious occupation of the
disputed properties for !ore than 2C "ears !ust5
however5 be conclusi"el) established. 'his <uantu! of
proof is necessar" to avoid erroneous validation of
actuall" fictitious clai!s or possession over the propert"
in dispute. 9San ;i/uel Corporation v. CA5 ())C:
.% $n co!putin/ the thirt"E"ear period for ac<uisitive
prescription under Section 6)9): of the Public Land Law5
can the period before the land 9e./. forest land: is
converted into alienable public land be includedR
A% DJ. 'he thirt"E"ear period onl" be/ins to toll onl" fro!
the ti!e the land is converted into alienable land.
9Al!eda v. CA5 ())(:
.% Do !inin/ clai!s ac<uired5 re/istered5 perfected5 and
patentable under the Jld ;inin/ Law !ature to private
ownership that would entitle the clai!ant to the ownership
thereofR
A% A;ere location does not !ean absolute ownership
over the affected land or the !inin/ clai!. $t !erel"
se/re/ates the located land or area for! the public
do!ain b" barrin/ other wouldEbe locators fro! locatin/
the sa!e and appropriatin/ for the!selves the !inerals
found therein. 'o rule otherwise would i!pl" that location
is all that is needed to ac<uire and !aintain ri/hts over a
located !inin/ clai!. 'his5 we cannot approve or
sanction because it is contrar" to the intention of the
law!a.er that the locator should faithfull" and
consistentl" co!pl" with the re<uire!ents for annual wor.
and i!prove!ents in the located !inin/ clai!s.B 9Director
of Lands v. Malahi $nvest!ents5 ()*):
.% ;a" aliens lease land of the public do!ainR
1()
SCHOOL OF LAW
ARIS S. MANGUERA
A% Do5 because that would en3o" en3o"!ent of the
natural resources of the public do!ain.
.% ;a" an alien lease a private landR
A% Tes. A lease to an alien for a reasonable period
is valid. So is an option /ivin/ an alien the ri/ht to
bu" the real propert" on condition he is /ranted
Philippine citi0enship.
IV. CitiFens#ip ReMui(e&ent
CoEproduction5 3oint venture
or production sharin/
a/ree!ents Hfor e7ploration5
develop!ent and utili0ation of
natural resourcesI
-ilipino citi0ens or
Corporations or associations
at least >CU of whose capital
is -ilipino owned. 9Art. S$$5
Section 1:
Dote=A/ree!ents shall not
e7ceed a period of 18 "ears5
renewable for anther 18
"ears.
4se and en3o"!ent of the
nation@s !arine wealth in its
archipela/ic waters5 territorial
sea and e7clusive econo!ic
0one ]PD (8))IG 4D
Convention on the Law of the
Sea 9ratified b" ,P in Au/ust5
()*2:I
E7clusivel" for -ilipino
Citi0ens 9Art. S$$5 Section 1:
Alienable lands of the public
do!ain Hwhich shall be
li!ited to a/ricultural landsI=
Jnl" for -ilipino citi0ens !a"
ac<uire not !ore than (1
hectares b" purchase5
ho!estead or /rantG or lease
not !ore than 8CC hectares.
Private corporations !a"
lease not !ore than (5CCC
hectares for 18 "ears5
renewable for another 18
"ears.
Certain areas of invest!ent
Has Con/ress shall provide
when the national interest so
dictatesI
See Anne2 ':$Si2th 9egular
-oreign Inestment 0egatie
7ist,$ 7ists A and 8/
,eserved for -ilipino citi0ens
or corporations >CU of whose
capital is -ilipino owned5
althou/h Con/ress !a"
prescribe a hi/her percenta/e
of -ilipino ownership 9Art. S$$5
Section (C:
-ranchise5 certificate or an"
other for! of authori0ation for
the operation of a public
utilit".
Jnl" to citi0ens of the
Philippines or corporations at
least >CU of whose capital is
-ilipino owned. 9Art. S$$5
Section ((:
V. -o(est Lan!s an! Pa(9s
Section A. 'he Con/ress shall5 as soon as possible5
deter!ine5 b" law5 the specific li!its of forest lands and
national par.s5 !ar.in/ clearl" their boundaries on the /round.
'hereafter5 such forest lands and national par.s shall be
conserved and !a" not be increased nor di!inished5 e7cept
b" law. 'he Con/ress shall provide for such period as it !a"
deter!ine5 !easures to prohibit lo//in/ in endan/ered forests
and watershed areas.
VI. Ancest(al Lan!s an! Ancest(al Do&ain
Section B. 'he State5 sub3ect to the provisions of this
Constitution and national develop!ent policies and pro/ra!s5
shall protect the ri/hts of indi/enous cultural co!!unities to
their ancestral lands to ensure their econo!ic5 social5 and
cultural wellEbein/.
'he Con/ress !a" provide for the applicabilit" of custo!ar"
laws /overnin/ propert" ri/hts or relations in deter!inin/ the
ownership and e7tent of ancestral do!ain.
VII. Stewa(!s#ip ConceptK T(ansfe( of Lan!s
Section :. 'he use of propert" bears a social function5 and all
econo!ic a/ents shall contribute to the co!!on /ood.
$ndividuals and private /roups5 includin/ corporations5
cooperatives5 and si!ilar collective or/ani0ations5 shall have
the ri/ht to own5 establish5 and operate econo!ic enterprises5
sub3ect to the dut" of the State to pro!ote distributive 3ustice
and to intervene when the co!!on /ood so de!ands.
Section 8. Save in cases of hereditar" succession5 no private
lands shall be transferred or conve"ed e7cept to individuals5
corporations5 or associations <ualified to ac<uire or hold lands
of the public do!ain.
Section 7. Dotwithstandin/ the provisions of Section + of this
Article5 a naturalEborn citi0en of the Philippines who has lost
his Philippine citi0enship !a" be a transferee of private lands5
sub3ect to li!itations provided b" law.
A. Stewa(!s#ip Concept
See Section >.
B. P(i"ate Lan!s
3. Rule an! E@ceptions
R$LE% Do private lands shall be transferred or
conve"ed e7cept to individuals5 corporations5 or
associations <ualified to ac<uire or hold lands of
the public do!ain.
EICEPTIONS%
(. #ereditar" Succession 9'his does not appl" to
testa!entar" dispositions5 ,a!ire0 v. Vda. De
,a!ire05 ((( SC,A +6C:
1. A natural born citi0en of the Philippines who
has lost his Philippine citi0enship !a" be a
transferee of private lands 9Section *5 Article
S$$:
2. A!ericans hold valid title to private lands as
a/ainst private persons
11C
SCHOOL OF LAW
ARIS S. MANGUERA
No p(i"ate lan!s s#all e t(ansfe((e! o(
con"e)e! e@cept to in!i"i!uals' co(po(ations'
o( associations Mualifie! to acMui(e o( #ol!
lan!s of t#e pulic !o&ain.
An" sale or transfer in violation of the prohibition is
null and void. $n 3ng Ching +o . CA, E4( SC9A
4F', it was held that even if the petitioner proves
that the Deed of Sale in his favor is in e7istence
and dul" e7ecuted5 nonetheless5 bein/ an alien5
petitioner is dis<ualified fro! ac<uirin/ and ownin/
real propert".
-(enFel ". Catito' 2JJG% 'he Supre!e Court
said that inas!uch as the petitioner is an alien5
he is dis<ualified for! ac<uirin/ and ownin/
lands in the Philippines. 'he sale of three
parcels of lands was null and void. Deither can
the petitioner recover the !one" he had spent
for the purchase thereof. E<uit"5 as a rule will
follow the law5 and will not per!it to be done
indirectl" that which5 because of public polic"5
cannot be done directl".
An action to (eco"e( t#e p(ope(t) sol! file! )
t#e fo(&e( owne( will lie. 9'he pari delicto rule
has been abandoned as earl" as PBC v. Lui She5
1( SC,A 815 where the Supre!e Court declared
that a lease for )) "ears5 with a 8CE"ear oprtion to
purchase the propert" if and when on/ #en/
would be naturali0ed5 is a virtual surrender of all
ri/hts incident to ownership5 and therefore5 invlaid.:
Land sold to an alien which was later transferred to
a -ilipino citi0enNor where the alien later beco!es
a -ilipino citi0enNcan no lon/er be recovered b"
the vendor5 because there is no lon/er an" public
polic" involved. 9,epublic v. $AC5 (+8 SC,A 2)*G
#alili v. CA5 ())+G Lee v. Director of Lands5 1CC(:
A natu(al o(n citiFen of t#e P#ilippines w#o
#as lost #is P#ilippine citiFens#ip &a) e a
t(ansfe(ee of p(i"ate lan!s' su+ect to
li&itations p(o"i!e! ) law.
'hus5 even if private respondents were alread"
Canadians when the" applied for re/istration of the
properties in <uestion5 there could be no le/al
i!pedi!ent for the re/istration thereof5 considerin/
that it is undisputed that the" were for!erl" naturalE
born citi0ens. 9,epublic v. CA5 128 SC,A >8+:
,A *(+) provides that naturalEborn -ilipino citi0en
!a" ac<uire to a !a7i!u! area of private land to
85CCC s<uare !eters for urban land and 2 hectares
for rural land. -urther!ore5 such land !a" now be
used for business and for other purposes.
A&e(icans #ol! "ali! title to p(i"ate lan!s as
a*ainst p(i"ate pe(sons.
A previous owner !a" no lon/er recover the land
fro! an A!erican bu"er who succeeded in
obtainin/ title over the land. Jnl" the State has the
superior ri/ht to the land5 throu/h the institution of
escheat proceedings Has a conse<uence of the
violation of the ConstitutionI5 or throu/h an action
#or reersion Has e7pressl" authori0ed under the
Public Land Act with respect to lands which
for!erl" for!ed part of the public do!ainI.
2. Re&e!ies to Reco"e( P(i"ate Lan! f(o&
DisMualifie! Alien
(. Escheat Proceedin/s
1. Action for ,eversion under the Public Land Act
&. An action for recover" filed b" the for!er
-ilipino owner 9unless the land is sold to an
A!erican citi0en prior to &ul" 25 ()+6 and the
A!erican citi0en obtained title thereto.
Action fo( (e"e(sion un!e( t#e Pulic Lan! Act.
'he Director of Lands has the authorit" and the
specific dut" to conduct investi/ations of alle/ed
fraud in obtainin/ free patents and the
correspondin/ titles to alienable public lands5 and 5
if facts disclosed in the investi/ation warrant5 to file
the correspondin/ court action for reversion of the
land to the State. 9,epublic v. CA5 (+1 SC,A (:
'he action of the State for reversion to the public
do!ain of land fraudulentl" /ranted to private
individuals is i!prescriptible. 9Ba/uio v. ,epublic5
())):
But it is the State alone which !a" institute
reversion proceedin/s a/ainst public lands
alle/edl" ac<uired throu/h fraud and
!isrepresentation pursuant to Section (C( of the
Public Land Act. Private parties are without le/al
standin/ at all to <uestion the validit" of the
respondent@s title 94r<ui/a v. CA5 ())):
'hus5 in !ankiko . Ce=ar, '(((5 it was held that
where the propert" in dispute is still part of the
public do!ain5 onl" the State can file suit for
reconve"ance of such public land. ,espondents5
who are !erel" applicants for sales patent thereon5
are not proper parties to file an action for
reconve"ance.
'he State can be put in estoppels b" the
!ista.es or errors of its officials or a/ents.
Estoppel a/ainst the State is not favoredG it
!a" be invo.ed onl" in rare and unusual
circu!stances as it would operate to defeat
the effective operation of a polic" adopted to
protect the public. #owever5 the State !a" not
be allowed to deal dishonorabl" or capriciousl"
with its citi0ens.
$n 9epublic . CA, '((( because for nearl" 1C
"ears startin/ fro! the issuance of the titles $
n())> to the filin/ of the co!plaint in ()*85 the
State failed to correct and recover the alle/ed
increase in the land area of the titles issued5
the prolon/ed inaction stron/l" !ilitates
a/ainst its cause5 tanta!ount to laches, which
!eans the Afailure or ne/lect5 for an
unreasonable and une7pected len/th of ti!e5
to do that which b" e7ercisin/ due dili/ence
11(
SCHOOL OF LAW
ARIS S. MANGUERA
could or should have been done earlier.B $t is
ne/li/ence or o!ission to assert a ri/ht within
a reasonable ti!e5 warrantin/ a presu!ption
that the part" entitled to assert it either
abandoned it or declined to assert it.
-o(ei*n co(po(ations an! lan!. A forei/n
corporation !a" bu" shares in e7cess of 6CU of
the shares of the corporation. But the effect would
be that the corporation it bu"s into would lose its
status as a -ilipino corporation and its capacit" to
hold private land.
+1)
$t should be noted5 however5 that the prohibition in
the Constitution on aliens applies onl" to ownership
of land. $t does not e7tend to all i!!ovable or real
propert" as defined under Article 6(8 of the Civil
Code5 that is5 those which are considered
i!!ovable for bein/ attached to land5 includin/
buildin/s and construction of all .ind attached to
the soil.
+2C
Violation ) aliens. An atte!pt b" an alien to
circu!vent to prohibition on alien ac<uisition of
land can have dire conse<uences for such alien.
'hus an alien !a" not be rei!bursed for the
!one" he /ave to his wife to purchase land and
build a house.. 4pon the dissolution of the
co!!unit" of propert" the alien rei!burse!ent in
e<uit" on the theor" that ;aria !erel" held the
propert" in trust. 'o clai! e<uit" he !ust co!e with
clean hands. Mlaus .new he was violatin/ the law
when he purchased the land.
+2(
VIII. In!epen!ent Econo&ic an! Plannin* A*enc)
Section 6. 'he Con/ress !a" establish an independent
econo!ic and plannin/ a/enc" headed b" the President5
which shall5 after consultations with the appropriate public
a/encies5 various private sectors5 and local /overn!ent units5
reco!!end to Con/ress5 and i!ple!ent continuin/ inte/rated
and coordinated pro/ra!s and policies for national
develop!ent.
4ntil the Con/ress provides otherwise5 the Dational Econo!ic
and Develop!ent Authorit" shall function as the independent
plannin/ a/enc" of the /overn!ent.
II. -ilipiniFation of A(eas of In"est&ents
Section 3J. 'he Con/ress shall5 upon reco!!endation of the
econo!ic and plannin/ a/enc"5 when the national interest
dictates5 reserve to citi0ens of the Philippines or to
corporations or associations at least si7t" per centum of whose
capital is owned b" such citi0ens5 or such hi/her percenta/e
as Con/ress !a" prescribe5 certain areas of invest!ents. 'he
/2$
8.G. Summit v. C.A.! @.=. :o. 1242$&. 1anuar- &1, 2##%
/&#
8.G. Summit v. C.A.! @.=. :o. 1242$&. 1anuar- &1, 2##%
/&1
Muller v. Muller! @.=. :o. 14$+1%, August 2$, 2##+.
Con/ress shall enact !easures that will encoura/e the
for!ation and operation of enterprises whose capital is wholl"
owned b" -ilipinos.
$n the /rant of ri/hts5 privile/es5 and concessions coverin/ the
national econo!" and patri!on"5 the State shall /ive
preference to <ualified -ilipinos.
'he State shall re/ulate and e7ercise authorit" over forei/n
invest!ents within its national 3urisdiction and in accordance
with its national /oals and priorities.
Manila P(ince 0otel ". /SIS' 288 SCRA AJ7% 'he
Supre!e Court said that the ter! Apatri!on"B
pertains to herita/eNand for over ei/ht decades5
the ;anila #otel has been !ute witness to the
triu!phs and failures5 loves and frustrations of the
-ilipinoG its e7istence is i!pressed with public
interestG its own historicit" associate with our
stru//le for soverei/nt"5 independence and
nationhood. Veril"5 the ;anila #otel has beco!e
part of our national econo!" and patri!on"5 and
8( U of its e<uit" co!es within the purview of the
constitutional shelter5 for it co!prises the !a3orit"
and controllin/ stoc.. Conse<uentl"5 the -ilipino
-irst polic" provisions is applicable. -urther!ore5
the Supre!e Court said that this provision is a
positive co!!and which is co!plete in itself and
needs no further /uidelines or i!ple!entin/ rules
or laws for its operation. $t is per se enforceable. $t
!eans precisel" that -ilipinos should be preferred
and when the Constitution declares that a ri/ht
e7ists in certain specified circu!stances5 an action
!a" be !aintained to enforce such ri/ht.
I. Pulic $tilities
Section 33. Do franchise5 certificate5 or an" other for! of
authori0ation for the operation of a public utilit" shall be
/ranted e7cept to citi0ens of the Philippines or to corporations
or associations or/ani0ed under the laws of the Philippines5 at
least si7t" per centum of whose capital is owned b" such
citi0ensG nor shall such franchise5 certificate5 or authori0ation
be e7clusive in character or for a lon/er period than fift" "ears.
Deither shall an" such franchise or ri/ht be /ranted e7cept
under the condition that it shall be sub3ect to a!end!ent5
alteration5 or repeal b" the Con/ress when the co!!on /ood
so re<uires. 'he State shall encoura/e e<uit" participation in
public utilities b" the /eneral public. 'he participation of forei/n
investors in the /overnin/ bod" of an" public utilit" enterprise
shall be li!ited to their proportionate share in its capital5 and
all the e7ecutive and !ana/in/ officers of such corporation or
association !ust be citi0ens of the Philippines.
A franchise5 certificate or authori0ation shall not be
e7clusive nor for a period !ore than 8C "ears5 and
shall be sub3ect to a!end!ent5 alteration or repeal
b" Con/ress. All e7ecutive and !ana/in/ officers
!ust -ilipino citi0ens. $n +ilipino !elephone
Corporation . 09C, EGG4, it was held that a
franchise to operate a public utilit" is not an
e7clusive private propert" of the franchisee. Do
franchisee can de!and or ac<uire e7clusivitl" in
the operation of a public utilit". 'hus5 a franchisee
111
SCHOOL OF LAW
ARIS S. MANGUERA
cannot co!plain of sei0ure or ta.in/ of propert"
because of the issuance of another franchise to a
co!petitor.
See Albano . 9eyes, '*5 SC9A EHF, where the
Supre!e Court said that Con/ress does not have
the e7clusive power to issue such authori0ation.
Ad!inistrative bodies5 e./. L'-,B5 E,B5 etc.5 !a"
be e!powered to do so.
$n +hilippine Airlines . Ciil Aeronautics 8oard,
'((* where it was held that Section (C5 ,A ++>5
reveals the clear intent of Con/ress to dele/ate the
authorit" to re/ulate the issuance of a license to
operate do!estic air transport services.
$n Lnited 8roadcasting 0etworks . 0ational
!elecommunications Commission, EGG4: the
Supre!e Court ac.nowled/ed that there is a trend
towards dele/atin/ the le/islative power to
authori0e the operation of certain public utilities to
ad!inistrative a/encies and dispensin/ with the
re<uire!ent of a con/ressional franchise. #owever5
in this case5 it was held that in view of the clear
re<uire!ent for a le/islative franchise under PD
8+>EA5 the authori0ation of a certificate of public
convenience b" the D'C for the petitioner to
operate television Channel 18 does not dispense
with the need for a franchise.
Tata! ". /a(cia% 'he Constitution5 in no uncertain
ter!s5 re<uires a franchise for the operation of
public utilities. #owever5 it does not re<uire a
franchise before one can own the facilities needed
to operate a public utilit" so lon/ as it does not
operate the! to serve the public. hat private
respondent5 in this case5 owns are rail trac.s5
rollin/ stoc.s li.e coaches5 rail stations5 ter!inals
and power plant5 not public utilit". hat constitute a
public utilit" is not their ownership but their use to
the public.
Ba*atsin* ". Co&&ittee on P(i"atiFation% 'he
Court held that Petron is not a public utilit"G hence
there is no !erit to petitioner@s contention that the
sale of the bloc. of shares to Ara!co violated
Article S$$5 Section (( of the Constitution. A public
utilit" is one or/ani0ed Afor hire or co!pensationB to
serve the public5 which is /iven the ri/ht to de!and
its service. Petron is not en/a/ed in oil refinin/ for
hire or co!pensation to process the oil of other
parties.
4/ Su&&it 0ol!in*s ". CA' 2JJG% A public utilit"
is a business or service en/a/ed in re/ularl"
suppl"in/ the public with so!e co!!odit" or
service of public conse<uence5 such as electricit"5
/as5 water5 transportation5 telephone or tele/raph
service. 'o constitute a public utilit"5 the facilit"
!ust be necessar" for the !aintenance of life and
occupation of the residents. As the na!e indicates5
Apublic utilit"B i!plies public use and service to the
public. A ship"ard is not a public utilit". $ts nature
dictates that it serves but a li!ited clientele who! it
!a" choose to serve at its discretion. $t has no
le/al obli/ation to render the services sou/ht b"
each and ever" client.
TELEBAP ". COMELEC' 276 SCRA GG8% All
broadcastin/5 whether b" radio or television
stations5 is licensed b" the Govern!ent. ,adio and
television co!panies do not own the airwaves and
fre<uenciesG the" are !erel" /iven te!porar"
privile/e of usin/ the!. A franchise is a privile/e
sub3ect to a!end!ent5 and the provision of BP **(
/rantin/ free airti!e to the CJ;ELEC is an
a!end!ent of the franchise of radio and television
stations.
4/ Su&&it 0ol!in*s ". CA' 2JJG% A 3oint venture
falls within the purview of an AassociationB pursuant
to Section (( of Article S$$G thus a 3oint venture
which would en/a/e in the business of operatin/ a
public utilit"5 such as a ship"ard !ust co!pl" with
the >CUE6CU -ilipinoEforei/n capitali0ation
re<uire!ent.
II. P(efe(ential $se of -ilipino Lao(
Section 32. 'he State shall pro!ote the preferential use of
-ilipino labor5 do!estic !aterials and locall" produced /oods5
and adopt !easures that help !a.e the! co!petitive.
III. T(a!e Polic)
Section 3G. 'he State shall pursue a trade polic" that serves
the /eneral welfare and utili0es all for!s and arran/e!ents of
e7chan/e on the basis of e<ualit" and reciprocit".
IIII. Sustaine! De"elop&ent of 0u&an Resou(ceK
P(actice of P(ofession
Section 3A. 'he sustained develop!ent of a reservoir of
national talents consistin/ of -ilipino scientists5 entrepreneurs5
professionals5 !ana/ers5 hi/hElevel technical !anpower and
s.illed wor.ers and crafts!en in all fields shall be pro!oted b"
the State. 'he State shall encoura/e appropriate technolo/"
and re/ulate its transfer for the national benefit.
'he practice of all professions in the Philippines shall be
li!ited to -ilipino citi0ens5 save in cases prescribed b" law.
IIV. Coope(ati"es
112
SCHOOL OF LAW
ARIS S. MANGUERA
Section 3B. 'he Con/ress shall create an a/enc" to pro!ote
the viabilit" and /rowth of cooperatives as instru!ents for
social 3ustice and econo!ic develop!ent.
$n Cooperatie :eelopment Authority . :ole#il
Agrarian 9e#orms 8ene#iciaries Cooperatie, EGGE,
the Supre!e Court said that5 after ascertainin/ the
clear le/islative intent of ,A >)2)5 it now rules that
the Cooperative Develop!ent Authorit" 9CDA: is
devoid of an" <uasiE3udicial authorit" to ad3udicate
intraEcooperative disputes and5 !ore particularl"5
disputes related to the election of officers and
directors of cooperatives. $t !a" however5 conduct
hearin/s and in<uiries in the e7ercise of its
ad!inistrative functions.
IV. /OCCs
Section (>. 'he Con/ress shall not5 e7cept b" /eneral law5
provide for the for!ation5 or/ani0ation5 or re/ulation of private
corporations. Govern!entEowned or controlled corporations
!a" be created or established b" special charters in the
interest of the co!!on /ood and sub3ect to the test of
econo!ic viabilit".
IVI. Te&po(a() State Ta9eHO"e(
Section 38. $n ti!es of national e!er/enc"5 when the public
interest so re<uires5 the State !a"5 durin/ the e!er/enc" and
under reasonable ter!s prescribed b" it5 te!poraril" ta.e over
or direct the operation of an" privatel"Eowned public utilit" or
business affected with public interest.
Ta9eo"e( of Pulic $tilities. 'he power /iven to
the President to ta.e over the operation of public
utilities does not stand alone. $t is activated onl" if
Con/ress /rants e!er/enc" powers to the
President under Article V$5 Section 12.
+21
IVII. NationaliFation of In!ust(ies
Section 37. 'he State !a"5 in the interest of national welfare
or defense5 establish and operate vital industries and5 upon
pa"!ent of 3ust co!pensation5 transfer to public ownership
utilities and other private enterprises to be operated b" the
Govern!ent.
IVIII. NationaliFation of In!ust(ies
/&2
Obiter in 9avid v. Ermita! @.=. :o. 1/14#$, 4a- &,
2##+.
Section 36. 'he State shall re/ulate or prohibit !onopolies
when the public interest so re<uires. Do co!binations in
restraint of trade or unfair co!petition shall be allowed.
Monopol). A !onopol" is Aa privile/e or peculiar
advanta/e vested in one !ore persons or
co!panies5 consistin/ in the e7clusive ri/ht 9or
power: to carr" on a particular business or trade5
!anufacture a particular article5 or control the sale
of a particular co!!odit".B Clearl"5 !onopolies are
not per se prohibited b" the Constitution but !a"
be per!itted to e7ist to aid the /overn!ent in
carr"in/ on an enterprise or to aid in the
perfor!ance of various services and functions in
the interest of the public. #owever5 because
!onopolies are sub3ect to abuses that can inflict
severe pre3udice to the public5 the" are sub3ected
to a hi/her of State re/ulation than an ordinar"
business underta.in/ 9A/an &r. v. P$A'CJ:
'he Constitution does not absolutel" prohibit
!onopolies. 'hus for e7a!ple5 an award for
stevedorin/ and arrastre services to onl" one
corporation is valid. 9Philippine Authorit" v.
;endo0a:
Be that as it !a"5 in !atad . Sec., '((*, the
Supre!e Court declared that Article S$$5 Section ()
is antiEtrust in histor" and spiritG it espouses
co!petition. 'he desirabilit" of co!petition is the
reason for the prohibition a/ainst restraint of trade5
the reason for the interdiction of unfair co!petition5
and the reason for the prohibition in un!iti/ated
!onopolies. A !ar.et controlled b" one pla"er
9!onopol": or do!inated b" a handful of pla"ers
9oli/opol": is hardl" the !ar.er where honestEtoE
/oodness co!petition will prevail. $n this case5 it
cannot be denied that our downstrea! oil industr"
is operated and controlled b" oli/opol"5 forei/n
oli/opol" at that. So5 of onl" to help the !a" who
are poor fro! further sufferin/ as a result of
un!iti/ated increase in the prices of oil products
due to dere/ulation5 it is a !ust that ,A *(*C be
repealed co!pletel".
$n !anada . Angara, E*E SC9A '), the Supre!e
Court said that the 'J does not violate Article $$
Section ()5 nor Sections () and (1 of Article S$$5
because these sections should be read and
understood in relation to Sections ( and (2 of
Article S$$5 which re<uire the pursuit of trade polic"
that Aserves the /eneral welfare and utili0es all
for!s and arran/e!ents of e7chan/e on the basis
of e<ualit" and reciprocit".B
$n Association o# +hilippine Coconut :esiccators .
+hilippine Coconut Authority, '((), the Supre!e
Court declared that althou/h the Constitution
enshrines free enterprise as a polic"5 it
nevertheless reserves to the Govern!ent the
power to intervene whenever necessar" for the
pro!otion of the /eneral welfare5 as reflected in
Sections > ad () of Article S$$.
116
SCHOOL OF LAW
ARIS S. MANGUERA
Monopolies in (est(aint of t(a!e. Contracts
re<uirin/ e7clusivit" are not per se void. Each
contract !ust be viewed isBKBis all the
circu!stances surroundin/ such a/ree!ent in
decidin/ whether a restrictive practice should be
prohibited as i!posin/ an unreasonable restraint
on co!petition.
+22
III. Cent(al Moneta() Aut#o(it)
Section 2J. 'he Con/ress shall establish an independent
central !onetar" authorit"5 the !e!bers of whose /overnin/
board !ust be naturalEborn -ilipino citi0ens5 of .nown probit"5
inte/rit"5 and patriotis!5 the !a3orit" of who! shall co!e fro!
the private sector. 'he" shall also be sub3ect to such other
<ualifications and disabilities as !a" be prescribed b" law. 'he
authorit" shall provide polic" direction in the areas of !one"5
ban.in/5 and credit. $t shall have supervision over the
operations of ban.s and e7ercise such re/ulator" powers as
!a" be provided b" law over the operations of finance
co!panies and other institutions perfor!in/ si!ilar functions.
4ntil the Con/ress otherwise provides5 the Central Ban. of the
Philippines operatin/ under e7istin/ laws5 shall function as the
central !onetar" authorit".
II. -o(ei*n Loans
Section 23. -orei/n loans !a" onl" be incurred in accordance
with law and the re/ulation of the !onetar" authorit".
$nfor!ation on forei/n loans obtained or /uaranteed b" the
Govern!ent shall be !ade available to the public.
III. Penal Sanctions
Section 22. Acts which circu!vent or ne/ate an" of the
provisions of this Article shall be considered ini!ical to the
national interest and sub3ect to cri!inal and civil sanctions5 as
!a" be provided b" law.
/&&
Avon v. Luna! @. =. :o. 1%&+/4, December 2#,
2##+.
118

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FRATERNAL ORDER OF UTOPIA

ATENEO DE MANILA UNIVERSITY

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