Allan Pamis

CONSTITUTIONAL LAW I REVIEWER: Constitution: a written instrument by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic. Constitutional Law: a body of rules resulting from the interpretation by a high court of a written constitutional instrument in the course of disposing of cases in which the validity, in relation to the constitutional instrument, of some act of governmental power… has been challenged. Classification of constitutions based on the extent to which constitutions are observed as norms of governmental action: 1. normative constitution – its norms direct governmental action, and governments habitually adjusts its actions to the norms. 2. nominal constitution – it is a constitution which cannot yet be fully operative because of existing socio-economic conditions. It’s principal value is educational which points towards the mature state to which a fledging polity must grow. 3. semantic constitution – The primary purpose of a constitution is to limit power and the semantic constitution does the opposite. It is a tool for the perpetuation of power in the hands of power holders. Three Parts of a Constitutional Document: 1. constitution of government – provisions which set up the governmental structure 2. constitution of liberty – provisions which guarantee individual fundamental liberties against governmental abuse 3. constitution of sovereignty – provisions which outline the process whereby the sovereign people may change the constitution Historical Notes: • June 1, 1971 – 1971 constitutional convention began • September 21, 1972 – Martial Law was imposed on the whole Philippines. Despite this, the constitutional convention still continued with their task •
November 30, 1972 – PD # 73 “submitting to the Filipino people for ratification or rejection the Constitution of the Republic of the Philippines proposed by the 1971 Constitutional Convention” January 17, 1973 – The President has announced, through Proclamation number 1102, that the proposed Constitution has been ratified by an overwhelming vote of the members of the Citizens Assemblies. March 31, 1973 – The Supreme Court (divided) ruled that the Constitution has now been considered in force and has taken effect. 1976 – the 1973 Constitution ahs been amended to provide for an interim Batasang Pambansa to replace the interim national assembly 1981 – Constitution was revised to a modified version of presidentialism February 1986 – has ended the 1973 Constitution through a revolution. Cory is now president which is in defiance of the 1973 Constitution March 25, 1986 – Proclamation number 3 – Freedom Constitution June 2, 1986 – a new constitutional commission convened and has completed its work on October 15, 1986 February 2, 1986 – approved by a plebiscite and the 1987 Constitution has been approved and it has taken effect the same day.

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PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.


Allan Pamis
Function: it sets down the origin, scope, and purpose of the Constitution, it is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the constitution. It is a source of light. Origin / authorship: the will of the “sovereign Filipino people” Scope and purpose: to build a just and humane society and to establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace. Use of words: a. We – first person; stresses the active and sovereign role of the Filipino people as author of the Constitution. In the 1935 constitution, “the Filipino people” was used denoting that another power was merely announcing that the Filipinos were finally being allowed to promulgate a constitution. b. Almighty God – more personal and more consonant with personalist Filipino religiosity c. common good – projects the idea of a social order that enables every citizen to attain his or her fullest development economically, politically, culturally, and spiritually. Versus “general welfare” because it denotes the greatest good for the greatest number d. equality – major problem in the RP society if the prevalence of gross economic and political inequalities e. love – as a monument to the love that prevented bloodshed in the February revolution f. truth – as a protest against the deception which characterized the Marcos regime g. peace – the fruit of the convergence of truth, justice, freedom, and love. h. rule of law – expresses the concept that government officials have only the authority given them by law and defined by law, and that such authority continues only with the consent of the people. ARTICLE I National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Importance of defining territory: • 1935: To prevent the United States from dismembering the Philippines. The acceptance of the Constitution by the US President would oblige his government to preserve the territorial integrity of the Philippines as defined in the constitution. • 1973: Adherence to the archipelagic principle • 1986: Educational value; apprehension that absence of this provision would be difficult to explain. Constitution is municipal law and binds only the nation promulgating it. Will not be binding internationally unless supported by international law. Scope of national territory: • Archipelago • All other territories over which the Phils has sovereignty or jurisdiction • Territorial sea, seabed, subsoil, and other submarine areas of (1) and (2) • Terrestrial, fluvial and aerial domains of (1) and (2) What: Archipelago is a body of water studded with islands. Where: Philippine archipelago delineated by Treaty of Paris (as modified by Treaty of Washington and Treaty with Great Britain) All other territories includes any territory which presently belongs to the Phils or might in the future belong to the Phils through any of the internationally accepted modes of acquiring territory.


This also includes Sabah. The Philippines is a democratic and republican State. distinction is of little significance because not all principles are self-executory and some of the policies already anchor justiciable rights. • GOVERNMENT: that institution by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state. and possession an organized government to which the great body of inhabitants render habitual obedience. State: Community of persons more or less numerous. When RP ratified UNCLOS. ARTICLE II Declaration of Principles and State Policies Statement of the basic ideological principles and policies that underlie the constitution. Some of the lines drawn by Republic Acts extend beyond 125 Section 1. of the 3 . which are imposed upon the people forming the society by those who possess the power or authority of prescribing them. Marcos’ Constitutional Authoritarianism: assumption extraordinary powers by the President authorized by legitimately enacted Constitution. Legal sovereignty is the supreme power to make law which is lodged in the people. it added a declaration that the signing shall not impair sovereign rights arising from the Constitution. • Principles: binding rules that must be observed in the conduct of government • Policies: guidelines for the orientation of the state. 4 elements of a state: • PEOPLE: community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law • TERRITORY • SOVEREIGNTY: property of a state-force due to which it has the exclusive capacity of legal self-determination and selfrestriction (Jellinek). Marianas. State (legal concept) interchangeably and Nation (ethnic concept) used Republican state: all government authority emanates from the people and is exercised by representatives chosen by the people. Guide for all departments of government in the implementation of the Constitution. Neither claims nor disregards Sabah. legal and nonlegal. Principles dlsps_mbajd_batch2007@yahoogroups. but asserts a legal situation in which Sabah can have a place in Phil territory depending on outcome of current dispute. Provisions shed light on the meaning of other provisions of the Constitution. which determine the course of law. No right of innocent passage through internal waters. permanently occupying a definite portion of territory. executive and judicial branches and local governments but excludes government entities which are given a corporate personality separate and distinct from the government. Sovereignty resides in the people and all government authority emanates from them. Also a monument to 1986 revolution that re-won freedom through direct action of the people. Freedomland. independent of external control. Includes legislative. which lies outside lines drawn by Treaty of Paris. Political sovereignty is the sum total of all the influences in a state. • UNCLOS limits straight baselines to 125 nautical miles. Democratic state: reference to aspects of direct democracy such as initiative and referendum.Allan Pamis Exercising jurisdiction refers to Batanes Islands. Elements of Archipelagic principle: • Claim on internal waters irrespective of breadth and dimension • Straight baseline method of delineating territorial sea Conflict between UNCLOS and Consti: • What Consti calls Internal Waters are archipelagic waters in UNCLOS.

Ministrant: optional functions of government intended for achieving a better life for the Administration: distinguished from government. and which is denominated a government of paramount force (Maine. Sandiganbayan 4 . dlsps_mbajd_batch2007@yahoogroups. NACOCO Issue: Whether NACOCO was part of the government or not Held: Because NACOCO was a corporation with personality distinct from the government. Governments de jure and de facto Co Kim Cham vs. executive and judicial departments of a de facto government are good and valid.Allan Pamis Nature and Functions of Government: Constituent: compulsory functions which constitute the very bonds of society. and maintains itself against the will of the latter (England under Commonwealth) (2) Established and maintained by military forces who invade and occupy a territory of the enemy in the course of war. Gozo Issue: WoN a building permit is needed to construct a house inside an American base Held: Permit is necessary. (8) Dealings of the state with foreign powers. but the compelling urgency with which the Constitution speaks of social justice does not leave any doubt that land reform in not an optional but a compulsory function of government Ratio: Enumeration of specific government functions under these headings cannot be static. or usurps. Bacani vs. Valdez Tan Keh All acts and proceedings of the legislative. Issue: WoN governments established during the Japanese military occupations were de facto governments. Sovereignty: People vs. the people Republic vs. Tampico Mexico) (3) Established as an independent government by the inhabitants of a country who rise in insurrection against a parent state (Southern Confederacy) In re Letter of Associate Justice Puno Cory government under Freedom Constitution: DE JURE because it was established by authority of the legitimate sovereign. RP has not abdicated sovereignty over the bases or divested itself completely of all jurisdiction over offenses committed therein. the preservation of the state from external dandier or encroachment and the advancement of its international interest. US government has preferential or prior but not exclusive jurisdiction. (1) Keeping of order and providing for the protection of persons and property from violence and robbery (2) Fixing of the legal relations between man and wife and between parents and children (3) Regulation of property and determination of its liabilities for debt or for crime (4) Definition and punishment of crime (5) Administration of justice in civil cases (6) Determination of political duties. Kinds of de facto governments: (1) Government that gets possession and control of. Held: Actions not of a political complexion were good and valid and by postliminy remained good and valid after liberation. and relations of citizens (7) Dealings of the state with foreign powers. by force or by the voice of the majority. privileges. CUGCO Issue: characterization of the functions of a government agency charged with implementation of the land reform program. is defined as the aggregate of persons in shoes hands the reins of government are for the time being. the rightful legal government. it was clearly not part of the government and could not therefore claim the privileges that flow from sovereignty. The determination of whether or not a government should exercise certain of these functions are: (1) That a government should do for the public welfare those things which private capital would not naturally undertake (2) That a government should do those things which by its very nature it is better equipped to administer for the public welfare than is any private individual or group of individuals. Held: Function may not strictly be constituent. Enumeration is unrealistic for current times. ACCFA vs.

fused and integrated with it. organized as the electorate. (6) Crux is in policy control: Parliamnetarism must be operated by reciprocal control devices at the disposal of both power holders. Power is lost by withdrawal of support or results of elections changing majority party. popularly elected. is the ascendant power holder (3) Parliamentarism: Equilibrium between the independent power holders. as the DE JURE government in the Philippines. each of them endowed with restraining and controlling powers symmetrically matching those of the other power holder. Interdependence by integration.Allan Pamis Cory government was a revolutionary government bound by no constitution or legal limitations except treaty obligations that the revolutionary government. (Dissolution and vote of nonconfidence) • • • • Cabinet government (English Model) • Undisputed ascendancy of the government (PM and Cabinet) over the parliament. Structural elements common to all variants of genuine parliamentary government: (1) Members of government or cabinet are simultaneously members of the parliament (2) Government or cabinet consists of the political leaders of the majority party or coalition. • Generic term with widely divergent applications. Also in policy control by reciprocal constraints and mutual controls Ideal type is complete equilibrium between the 2. Patterns of Government (1) Direct democracy: If the people. • French type: Supremacy of assembly over government • British type: Ascendancy of cabinet over parliament (4) Presidentialism: government and parliament are kept separated but are constitutionally obliged to corporate for the formation of the will of the state. Interdependence by coordination. • Executive is servant of the assembly. subject only to the sovereign electorate renewing it at regularly recurrent intervals. Cabinet is a committee of the assembly. holds undisputed supremacy over all other state organs. are the preponderant power holder (2) Assembly government: Parliament. 5 . appointed and dismissed at the assembly’s discretion. is attempted by integrating the latter into the former. • Autonomy and power monopoly of assembly Parliamnetarism (French model) • Most common pattern of constitutional-democratic government (1) Existence of representative or parliamentary institutions in a state does not mean that government is of the parliamentary form (2) Parliamentary government is not identical with cabinet government (3) To be qualified as parliamentary. Also known as “separation of powers” (5) Directory government: Collegiate structure of the government power holder. 3 points to be noted dlsps_mbajd_batch2007@yahoogroups. as the representation of the people. the governmental structure must possess certain features common to all its variants and not found in any other pattern of government. (3) Government-cabinet has pyramidal structure with prime minister as recognized leader. subject to periodical political reorientation by the verdict of the electorate. (5) Policy decision is shared by government and the parliament. (Swiss) Assembly Government • Most discredited because when it made its first appearance in revolutionary France it was held responsible for dictatorship and terror • Standard pattern of Communist government • Legislative assembly. Prime minister exercises undisputed supremacy over his ministerial colleagues (4) Government remains in power as long as it commands the support of the majority of parliament. Attempt to establish between two independent and separate power holders (assembly and government) such an equilibrium that neither one can gain ascendancy over the other. assumed under international law. 2 power holders share in policy decision and policy execution by legislation. parliament and government.

Adoption of generally accepted principles depends on jurisprudential development (1) Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him • 6 . The prime duty of the Government is to serve and protect the people. • • • • Civilian supremacy clause: civilian authority is supreme Mark of sovereignty clause: Military as guardian of the people. No proportional representation. cooperation. Minister of Labor FM’s government under the 1973 Consti had distinguishing marks of presidential form: (1) Separation of powers (2) Preeminence of the President over Prime Minister Section 2. • Renounces aggressive not defensive war Section 4. Its goal is to secure the sovereignty of the State and the integrity of the national territory. (Question time) (6) Party discipline is key dlsps_mbajd_batch2007@yahoogroups. supreme over the military. • • • Defense of state is no longer prime duty of government. (4) Parliament is granted degree of participation in the policy execution by legislation that the prevailing political climate demands. Principles of international law vs Statute • Whichever is passed later prevails • International law has same weight as statute Section 3. population shifts are remedied by a periodical redistribution of seats.Allan Pamis • Main features: (1) Predicated on existence of 2 alternating parties possession even chances in the long run of becoming the majority party at the general elections. under conditions provided by law. composed of he leaders of the majority party. and amity with all nations. Provisions in 1935 and 1973 led to interpretations that justified a national security state offensive to the people Present version places emphasis on service to and protection of the people Under conditions provided by law emphasizes primacy of serving the interest of the people and protecting their rights even when there is need to defend the state. freedom. integrity of the national territory and ultimately of the majesty of the law. (5) Policy control is vested in parliament and electorate. to render personal military or civil service. All must be members of parliament (3) Official leader of the majority winning the general elections is prime minister designate who chooses members of cabinet at his discretion. at all times. Diplomatic recognition remains a matter of executive discretion. Monopolizes policy determination. equality. Civilian authority is. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. justice. Amity with all nations is an ideal to be aimed at. The Armed Forces of the Philippines is the protector of the people and the (2) Right of a country to establish military commissions to try war criminals (3) Vienna Convention on Road Signs and Signals (4) Duty to protect embassies and legations Affirmation of amity does not mean automatic diplomatic recognition of all nations. all citizens may be required. The Government may call upon the people to defend the State and. in the fulfillment thereof. Expression of disapproval of military abuses Section 3 is capsule description of the vocation of a soldier Presidentialism • Separation of functions/ Separated and coordinated functions Free Telephone Workers Union vs. (2) Cabinet is a relatively small committee. The Philippines renounces war as an instrument of national policy.

thus eradicating laissez faire. promote full employment. liberty. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 10. • • • Freedom from nuclear weapons includes prohibition not only of the possession. paramount consideration to (1) National sovereignty (2) Territorial integrity (3) National Iterest (4) Self-determination Section 8. State Policies State policies are not laws. but exhortations on government. The State shall promote social justice in all phases of national development. control. adopts and pursues a policy of freedom from nuclear weapons in its territory. 1973: those who have more in life should have more in law Provision has been instrumental in the socialization of the attitude of jurisprudence to property rights. The State shall pursue an independent foreign policy. • Not a prohibition of divorce • Family: stable heterosexual relationship • Protects family from instrumentalization by the state • Unborn o Not an assertion that the unborn is a legal person o Not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. and the right to selfdetermination. Section 12.Allan Pamis Section 5. The maintenance of peace and independence of the nation and free the people from poverty through policies that provide adequate social services. Section 6. The Philippines. In its relations with other states the paramount consideration shall be national sovereignty. manufacture of nuclear weapons but also nuclear arms tests Not an absolute prohibition. a rising standard of living. The State values the dignity of every human person and guarantees full respect for human rights. Wade • Respect for life harmonizes with the abolition of the death penalty and the ban on nuclear weapons • Independent foreign policy. consistent with the national interest. Section 11. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Section 7. It shall equally protect the life of the mother and the life of the unborn from conception. inviolable. The State shall promote a just and dynamic social order that will ensure the prosperity and 7 . the protection of life. o Overriding purpose is to prevent the State form adopting the doctrine in Roe vs. territorial integrity. national interest. and an improved quality of life for all. 1935: justice for the common tao. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. but any exception must be justified by the demands of national interest Does not prohibit peaceful uses of nuclear energy Section 9. economic and social opportunities with emphasis on the duty of the state to tilt the balance of social forces by favoring the disadvantaged in life. • • • • Underlying premises: poverty and gross inequality are major problems besetting the nation and that these problems assault the dignity of the human person Social justice: equalization of political. and property. • Refers to the constituent function of government The separation of Church and State shall be dlsps_mbajd_batch2007@yahoogroups.

16 as conferring standing on minors to challenge the logging policies of the government Accepted concepts of inter-generational responsibility and justice LLDA vs. Marine Radio Communications Association vs. Reyes Sec.Allan Pamis Section 13. BOI Issue: Approval of transfer of site of petrochemical plant from Bataan to Batangas Held: Overturned transfer and declared petrochemical industry essential to national interest Section 20. The State shall give priority to education. accelerate social progress. The State shall protect and promote the right to health of the people and instill health consciousness among them. • • • • Does not repeal inequalities found in the Civil Code and jurisprudence Gives impetus to removal through statutes of existing inequalities General idea is for the law to ignore sex when it is not a relevant factor in determining rights and duties Not meant to ignore customs and traditions Section patriotism and nationalism. The State shall promote comprehensive rural development and agrarian reform. and social well-being. 20 is no more that an acknowledgement of he importance of private initiative in building the nation. Section 22. • Labor has primacy over the non-human factors of production Section 14. Section 21. Oposa vs. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. arts. political and even industrial development. It shall inculcate in the youth patriotism and nationalism. Any doubt must be resolved in favor of selfreliance and independence and in favor of Filipinos Section 15. • Education: primary and natural right belongs to the parents. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical. State has secondary and supporting role. Section 18. encourages private enterprise. Not a call of official abdication of duty to citizenry. science and technology. The State recognizes the role of women in nation-building. and provides incentives to needed investments. cultural. Rejected local autonomy claim of local governments in the area. spiritual. intellectual. and encourage their involvement in public and civic affairs. dlsps_mbajd_batch2007@yahoogroups. The State recognizes the indispensable role of the private sector. Comprehensive rural development encompasses a broad spectrum of social. and sports to foster 8 . • Guide to interpreting provisions on the national economy and patrimony. It shall protect the rights of workers and promote their welfare. human. culture. economic. The State affirms labor as a primary social economic force. Court of Appeals Upheld authority of LLDA to protect he inhabitants of the Laguna Lake area from pollution. Section 16. and promote total human liberation and development. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. and shall ensure the fundamental equality before the law of women and men. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. • Provides an enforceable right Garcia vs. moral. Section 17. Factoran Recognized Sec.

The State recognizes the vital role of communication and information in nation-building. Constituent: power to amend or revise the Constitution Ordinary: power to pass ordinary laws Limits on Legislative power: Substantive: limit contents of a law Procedural: limit manner of passing laws >Plenary: Congress may legislate on any subject matter provided that substantive and procedural limits in the Constitution are observed >Congress may not pass irrepealable laws because this will limit the plenary power of future legislatures. The rules and regulations they issue have the force of law. or sectoral organizations that promote the welfare of the nation. Subject to reasonable conditions prescribed by law. Section 26. 2. The State shall encourage non-governmental. 2 theories that justify this: 1. closer link to public because all members have a district >Bicameralism Convention won over unicameralism by 1 vote in the Original legislative power: possessed by the sovereign people Derivative legislative power: delegated to legislative bodies.Allan Pamis Section 23. Section 25. senate has national perspective. subordinate to the original power of the people. Requirements of delegating law: Section 27. careful study of legislation 4. senate as training ground for national leaders 2. Congress may pass contingent legislation. Advantages of bicameralism: 1. simple and economic 2. A non-legislative body may be authorized to fill in the details of a statute. The State shall ensure the autonomy of local governments. community. • • Purpose is to give substance to the desire for the equalization of political opportunities Definition of political dynasties left to legislature dlsps_mbajd_batch2007@yahoogroups. >Due to plenary power. legislative power cannot be delegated. Despite non-delegatability of legislative power. many statutes have been passed creating administrative agencies and authorizing them to exercise vast regulatory powers. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. ARTICLE 6: LEGISLATIVE DEPARTMENT Section 1: Legislative power Legislative power is vested in the Congress of the Philippines Consisting of a Senate and a House of Representatives Except to the extent reserved to the People through initiative and referendum Legislative power is the authority to make laws and to alter or repeal them. more independent of Executive branch Advantages of unicameralism: 1. and prohibit political dynasties as may be defined by 3. The State shall guarantee equal access to opportunities for public service. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Section 28. house has municipal perspective 9 . Section 24. which leaves to another body the business of ascertaining the facts necessary to bring the law into actual operation.

Congress delegated this power to the NWC. Minister of Labor Issue: Does authority conferred on Minister of Labor partake of legislative power? (authority to assume jurisdiction over labor disputes and decide on them) Held: No. The penalty of imprisonment in this case is unconstitutional because the lack of a standard allows the judge to legislate. Eastern Shipping Lines v POEA Issue: Does POEA resolution violate non-delegatablity of legislative power? Held: NO. No term for imprisonment was stated) Held: NO. and conferring authority or discretion as to its execution. which necessarily involves a discretion as to what it shall be. Secretary of Energy Issue: Is delegation of legislative power to the President and Secretary of Energy valid? Did Congress provide a determinate or determinable standard to guide the Executive branch in determining when to implement the full deregulation of the downstream oil industry? Held: YES. courts will bend as far back as possible to sustain the constitutionality of laws which are assailed as unduly delegating legislative powers. Dacuycuy Issue: Can a judge impose a punishment if law does not provide a standard (law provided for an fixed fine or imprisonment as penalty. People v. and cannot amend or add to the law. Cebu Oxygen & Acetylene Co v. within the limits set by law and the Constitution. There is a valid delegation of power if the law passes the completeness test and the sufficient standard Free Telephone Workers Union v. if this was not one of the sanctions included in the law? Held: NO. Chiongbian v. within limits set by Congress. Thus. dlsps_mbajd_batch2007@yahoogroups. Power should be delegated when task cannot be performed by legislature because issues are highly technical or require continuous decision. The President is granted these powers by other laws. to the latter no valid objection can be made. Secretary Drilon Issue: Can implementing orders of the DOLE provide for prohibitions not included in the law it is implementing? Held: Administrative regulations should be in harmony with the provisions of the law. Law must be complete in itself (contain policy to be implemented) 2. Tatad v. Employees Confederation v. Penal rules: 10 . Law must fix a sufficient standard for to which the delegate must conform to. Administrative bodies may implement the broad policies of a statute by issuing supplementary and implementing regulations as long as the law provides a sufficient standard.Allan Pamis 1. to be exercised under and in pursuance of a law. Delegation of legislative power has become an inevitability in the light of the increasing complexity of the task of government. Solicitor General v. The MMA cannot impose sanctions that the law does not allow and in fact actually prohibits. Board of Public Utility Commissioners “The true distinction is between the delegation of power to make the law. The first cannot be done. Metro Manila Authority Issue: Can MMA confiscate license plates. Compania General de Tabacos de Filipinas v. National Wages Commission Issue: Is NWC allowed to fix minimum wage? Held: YES. Orbos Issue: May the President merge existing regions not included in the ARMM Act? Held: YES. Tablarin v Gutierrez Issue: Does standard have to be written as part of the law? Held: Standard may be expressed or implied from policy and purpose of the act considered as a whole. Oil deregulation law passed both the completeness and sufficient standard tests. SC had more liberal approach to interpretation of nondelegatablity of legislative power.

Legislative power exercised by the people through initiative and referendum Initiative and referendum People can directly propose or enact laws Approve or reject any law passed by Congress or local legislative body >Purpose is to institutionalize “people power” >Provides a means which can be used if legislature is indifferent to the needs of the people Garcia v Comelec Issue: Can a resolution be the subject of a referendum? (People wanted to reject resolution agreeing that Morong be included in the SBMA) Held: Any act. A senator can run again 3 years after his second term has expired. “As may be provided by law” refers to the manner of electing Senators. Tenure is length of actual service in office. at noon on the June 30. unless otherwise provided by law. Section 5: House of Representatives (1) 250 members. Residence refers to domicile. Congress may delegate legislative power to the President in times of war and other national emergency. Regulation must also be published. dlsps_mbajd_batch2007@yahoogroups. and not on the day of proclamation. No senator can serve for more than 2 consecutive terms. law or part thereof passed by Congress or local legislative body may be the subject of a referendum. Necessary that violation be made a crime and penalty provided by the statute Section 3: Qualifications Natural born citizen 35 years old on the day of the election Able to read and write Registered voter Resident of the Philippines for not less than 2 years immediately preceding the day of the election Age qualification must be possessed on the day the votes are cast. Local legislatures may be given executive power and vv. Section 4: Term of office 6 years to commence. unless otherwise fixed by law Elected from legislative districts apportioned among the provinces. cities and the Metro Manila area in accordance with the number of their respective inhabitants on the basis of a uniform and progressive ratio And those who. Senator does not have to be physically present in the Philippines. 2. Voluntary renunciation of the office is not considered an interruption to the full term. Section 2: Senate Senate is composed of 24 members Elected at large by the qualified voters of the Philippines As may be provided by law Number of members of the senate may be increased or decreased only by constitutional amendment. Exceptions: 1. Term is length of service to which a senator is elected. Regional and Sectoral parties or Organizations (2) Party list representatives 20% of the total number of representatives including those under the party list 11 . 3. as provided by law Are elected through the party list system Of registered National.Allan Pamis Rules and regulations promulgated by administrative agencies pursuant to a valid delegating law have the force of law and violation may be punished as a penal offense.

000? Held: Cities with a population of 250. and adjacent territory. 2% threshold 3. compact. Present limit of 250 members of HRep is not Mariano Jr v. COMELEC 20% allocation: Not all seats must be filled (limit on maximum) 2% threshold: guarantees winners have sufficient number of constituents deserving representation 3-seat limit: absolute Method of allocating additional seats: Congress is vested with the power to define the mechanics of the party list system. COMELEC may adjust the members apportioned to a province out of which a new one was created. except for the religious sector. Montejo v COMELEC Issue: Can COMELEC move municipalities from one district to another? Held: NO. and other sectors as may be provided by law. such as the charter of a new city. 3-seat limit per party 4. COMELEC Issue: Is law that created Makati City unconstitutional because it increased Makati’s legislative districts even if total population is only 450. et al v. (3) Each legislative district shall comprise. It cannot transfer one municipality from the district it is located in. By the Ordinance appended to the 1987 Constitution. peasant. municipality of San Juan became a separate district) Held: YES. youth. All 50 seats are reserved for the marginalized sectors. indigenous cultural communities.Allan Pamis For 3 terms after the ratification of the Constitution. Tobias v. Party list representatives With 250 members of Congress. but to limit participation to organizations representing the marginalized and underprivileged. as provided by law. District 2. COMELEC has the power to make minor adjustments to the reapportionment of districts. by selection or election from the labor. as far as practical. et al v.000 and each province shall have at least 1 representative (4) Within 3 years following the return of every census. proportional representation (additional seats in proportion to their total number of votes) Veterans Federation Party. Ang Bagong Bayani. Even the nominees must comply with this requirement. RA 7941 parameters 1. By the law creating the highly urbanized city of Mandaluyong. Reapportionment of legislative districts may be made by a special law. Each city with a population of at least 250. Sectoral (only for 3 terms after ratification of Constitution) Apportionment: underlying principle is the concept of equality of representation which is a basic principle of republicanism. 20% allocation 2. COMELEC Issue: Can political parties participate in the party-list election? Held: YES if it represents a marginalized sector. both Manda and San Juan were recognized as separate representative districts even if no census was made. Intent of the law is not to allow all associations to participate indiscriminately. 3 kinds of Congressmen: 1. urban poor. not just for 3 terms but forever.000 can have at least 1 representative. contiguous. women. Congress will reapportion legislative districts based on the standards provided in this section. half of these seats will be filled. 200 will be district representatives and 50 party list representatives. NO Gerrymandering: creation of representative districts out of separate portions of territory in order to favor a candidate Courts have jurisdiction over apportionment to ensure that it observes constitutional mandate. One man’s vote should carry as much weight as the vote of every other man. Abalos Issue: Is creation of new representative district constitutional? (creation of Mandaluyong city. Party list 3. 12 . dlsps_mbajd_batch2007@yahoogroups.

dlsps_mbajd_batch2007@yahoogroups. Also. Leyte had been her domicile of origin and that in all her life she had never lost it. Aquino had not abandoned his Tarlac domicle. Bengzon v. is shortened based on the Omnibus Election code which provided that any elective official. Intent of the law in fixing a residence qualification is to exclude a stranger or newcomer. residence or bodily presence in new locality 2. at noon on June 30 after the election 3 consecutive term maximum Voluntary renunciation of the office is not considered an interruption to the full term Dimaporo v. intention to reside in a fixed place 2. Declared and probable intent to make it one’s home. If a person retains his domicile of origin. To establish a new domicile of choice. not term. children of Filipino mothers who elect Filipino citizenship shall be deemed Romualdez-Marcos v. he registered as a voter in his old barangay in QC. Mitra Issue: Can the term of a Congressman be shortened? Held: Tenure. by legal fiction. Domino v COMELEC Issue: Did Domino acquire new domicile in Sarangani? Held: NO. Lease contract did not show permanency. Dad Chinese who gained Filipino citizenship when Co was 9 years old) Held: YES. (wherever he may be) he is a resident of his domicile of origin. Based on the Constitution.Allan Pamis Section 6: Qualifications Natural-born citizen of the Philippines 25 years old on day of election Able to read and write Registered voter in the district Resident of the district for not less than 1 year before the election (Party list representatives exempt form residency requirement) Natural-born citizen: those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Cruz A Natural-born citizen who loses his citizenship by naturalization in another country but is later repatriated recovers his status of being a natural-born citizen and therefore is qualified to be a member of Congress. whether national or local. HRET Issue: Is Co a natural-born citizen? (Mom was Filipino. Section 7: Term of office 3 years which will begin. he had not fulfilled the 1 year requirement for Makati. Aquino v. Residence Qualifications: Gallego v. intention to remain there 3. intention to abandon the old domicile animus non revertendi and animus manendi The meaning of residence as found in the election law under the 1935 Constitution has been retained. COMELEC Issue: Did Imelda satisfy residence requirement to run for representative of the First District of Leyte? Held: YES. the 1 year requirement must be satisfied. If a person re-establishes a previously abandoned domicile or acquires a new one. Co v. COMELEC Issue: Did Aquino acquire new domicile in Makati? Held: NO. running for any office other than the one he is holding (except for the President and Vice President) shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. Verra Residence is DOMICILE: 1. personal presence in that place and conduct indicative of such intention To acquire a domicile by choice: 1. 13 . unless otherwise provided by law. 1 year period is irrelevant because. personal presence must be coupled with conduct indicative of htat intention. Even if he had. Lease of house and 1 year residency not sufficient.

provided that they assist the legislator in the performance of legislative action (Gravel v. Section 8: Election Unless otherwise provided by law. What is essential is that the utterance must constitute legislative action. No increase will take effect until after the expiration of the full term of all the members of the Senate and House of Representatives who approved such increase. People v. A senator or congressman is immune from arrest for all offenses punishable by not more than 6 years imprisonment. US) Jimenez v Cabangbang Issue: Can a Congressman be charged for libel based on an open letter published in newspapers? 14 .Allan Pamis Dimaporo’s tenure was shortened based on his filing of candidacy for the position of Governor of the ARMM. upon receipt of a resolution of the House/Senate certifying that the vacancy exists and calling for a special election. They may be arrested for crimes punishable by more than 6 years imprisonment. The only limit is moral. shall hold a special election to fill such vacancy” Section 10: Salaries and Compensation Salaries of Senators and Members of the House of Representatives is determined by law. Privilege of speech Protection against forums other than Congress itself. No member can be questioned or held liable in any other place For any speech or debate in the Congress or in any of its committees Recess: only at the end of session or long holidays Evenings and weekends not counted as recess Immunity from arrest is to protect legislator from harassment that will keep him away from legislative sessions. This privilege extends to agents of the Members. no one can be declared elected in his place. There is no basis for treating them differently from other prisoners. SC held the law seeks to ensure that public officials serve out their term by discouraging them from running for another office. the regular election of the Senators and the Members of the House of Representatives is on the second Monday of May. dlsps_mbajd_batch2007@yahoogroups. Jalosjos Members of Congress are not exempt from detention for crime. It is not necessary that Congress be in session. increases can take effect immediately. This provision is a legal bar to the legislators yielding to the natural temptation to increase their salaries. Section 9: Special Election In case of vacancy in the Senate or in the House of Representatives. even while Congress is in session. Codilla v. Absolute protection against suits for libel Includes utterances made in the performance of official functions. Members still subject to disciplinary measures of Congress. A special election may be called to fill such a vacancy in the manner prescribed by law Person thus elected will serve only for the unexpired term Tolentino v COMELEC Issue: Validity of special election to elect a Senator to serve the unexpired term of Sec. De Venecia When the majority speaks and elects into office a candidate by giving him the highest number of votes cast in the election for the office. the COMELEC. There is no legal limit to these Office and travel allowances do not form part of the salary or compensation. Guingona? Held: Special election is valid based on RA 6645 “In case a vacancy arises in the Senate at least 18 months OR in the House of Representatives at least 1 year before the next regular election for Members of Congress. Section 11: While Congress is in session.

or its subsidiary during his term of office. (2) A majority of each house shall constitute a quorum to do business but a smaller number may adjourn from day to day The house may compel attendance of absent members in the manner and under penalties it may provide. Neither can he be appointed to any office which may have been created or the emoluments thereof increased during his term. This only requires him to inform the House of the conflict. exclusive of granted by the government. Communication is not absolutely privileged. Session will continue for such as number of days as it may determine Until 30 days before the opening of its next regular session. and legal holidays.Allan Pamis Held: YES. (3) Each house determines the rules of its proceedings. punishes its members for disorderly conduct. or any subdivision. agency. agency or instrumentality thereof. 15 . unless a different date is fixed by law. special privilege dlsps_mbajd_batch2007@yahoogroups. Puyat v. Sundays. electoral tribunal. Valencia Charges made by a Senator with Senate Committees covered by privilege of speech. Antonino v. They must notify the house concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. and the House of Representative its Speaker By majority vote of all its respective members Each house shall choose such other officers as it may deem necessary. make a full disclosure of their financial and business interests. He should not. or other administrative body. prohibition covers benefit for relatives. franchise. upon their assumption of office. Section 14: Counsel/Financial interest No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice. quasi-judicial. be interested financially in any contract. Section 15: Election of Leaders (1)The Senate shall elect its President. Section 13: Other Offices No Senator or Member of the House of Representatives may hold any other office or employment in the government. subdivision. suspend or expel a member. He should not intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office. including government owned and controlled corporations or their subsidiaries. directly or indirectly. He may be appointed after his term ends. During his term without forfeiting his seat. Does not prevent legislator from filing self-benefiting legislation. A penalty of suspension shall not exceed 60 days. Congressmen can be charged for acts done outside their official duty. or intervene in a government proceeding by buying shares in the shares in a company. The President may call a special session at any time. Section 12: Full disclosure All members of the Senate and the House of Representatives will. and with the concurrence of 2/3 of all its members. Pecuniary benefit may be direct or indirect. He must resign his seat in order to accept another position in government. De Guzman An Assemblyman cannot act as counsel. instrumentality including government-owned or controlled corporations. Section 15: Sessions of Congress Convene every year on the 4th Monday of July for its regular session.

This is based on respect due to a coequal and independent department. v Sandiganbayan Issue: Can the Sandiganbayan order the preventive suspension of a Congressman due to acts committed before his term? Held: Section 16 only provides immunity for acts committed as a member of Congress. Villegas Issue: Attempt to compel Mayor Villegas to comply with RA 4065 even Congress declared that the wrong bill had been signed into law Held: SC declared that the law was not duly enacted because both the President of the Senate and the President withdrew their signatures. SC refused to assume jurisdiction over whether 12 senators could elect a new President (out of 24 senators. affect national security. Each house shall also keep a record of its committed a violation of the Constitution or gravely abused their discretion in the exercise of their functions and prerogatives” Internal discipline Osmena v Pendatun The house is the judge of what constitutes disorderly behavior and can subject its members to disciplinary action. Paredes Jr.Allan Pamis (4) Each house shall keep a journal of its proceedings. another ground for courts to take cognizance of a case is extreme necessity In reconsideration of the case. (5) Neither house during the sessions of the congress shall. The Yeas and Nays on any question shall. adjourn for more than 3 days. and from time to time publish the same Except such parts that. Journals & Enrolled Bill US v Pons Court may decline to go behind the journals so as not to interfere with the legitimate powers and functions of the legislature. nor to any other place than that in which the 2 houses shall be sitting. laws passed by Senate would be open to doubt. be entered into the journal. Record: verbatim notes of discussion Journal: summary of proceedings Avelino v. Casco Philippine Chemical Co v Gimenez Enrolled bill is conclusive upon courts regarding the law passed by Congress and approved by the President. De Venecia Enrolled bill doctrine: The signing of a bill by the Speaker of the H and the President of the S and the certification by the secretaries of both houses that such bill was passed are conclusive of its due enactment. Arroyo v. at the request of 1/5 of the members present. without the consent of the other. Cuenco Initially. They held that the Presidency could not be taken away from Avelino because the opposition did not constitute a majority. in its judgment. SC decided to assume jurisdiction in the light of subsequent events which justify its intervention. “It is well within the power and jurisdiction of this court to inquire whether the Senate or its officials dlsps_mbajd_batch2007@yahoogroups. With the conflict remaining unsettled. Purpose of a journal 16 . Dissents: Moran – question of quorum is a constitutional in nature. They held that the question was political in nature. Santiago v. defined as more than half. Guingona Issue: Definition of minority Held: No law says that the defeated candidate will automatically become the minority leader. 1 was in the US and 1 in the hospital). Tuason -.SC has the power to ascertain whether President is holding office according to law or the Constitution. Astorga v. Perfecto – Senate must follow Constitution and its own internal rules Briones – besides justicability.

returns with material defects. consistent with the law’s desire that canvass and proclamation be as quick as possible. Sandoval must be given a chance to defend his seat. Senate Electoral Tribunal Issue: Can the Electoral Tribunal function if all the Senatormembers have been disqualified? Held: NO. Guerrero v COMELEC “Qualifications” are not only the ones enumerated in the Constitution. Pimentel v. ET only gains jurisdiction over a case when a losing party files an election contest. HRET must admit his counter-affidavit into the records. The Assembly may not interfere with the EC. may inquire into the credentials of the member and judge his qualifications. ad a correspondent responsibility of members to their constitutents 2. Petition does not show that the House prevented the party-list groups from participating in the election of the members of the HRET and the CA. All other questions should be brought before the Electoral Tribunal. ET cannot function. Sandoval v HRET Issue: Validity of substituted service of summons Held: Summons not valid. Recourse is with the House. No amendment of its rules can allow the 3 Justices to decide a case. Election contest relates dlsps_mbajd_batch2007@yahoogroups. Chavez v. No pre-proclamation controversies were allowed for the election of the President. COMELEC has jurisdiction only over incomplete returns. tampered returns. Abbas et al v. provide proof of what actually happened in the legislature Section 17: Electoral Tribunal The Senate and the House of Representatives shall each have an Electoral Tribunal Which shall be the sole judge of all contests relating to the to “statutory contests in which the contestant seeks not only to oust the intruder. Composition reflects the respect for parliamentary sovereignty and the need for legal impartial decisions. COMELEC Identical result as Sanchez v COMELEC. Proper remedy is recourse to the ET. Avelino EC does not have all the functions of the Assembly on the subject of election and qualifications of members. after the proclamation of the winner by the COMELEC Decisions of the ET subject to SC review only if ET in grave abuse of discretion amounting to lack or excess of jurisdiction. Sanchez v. and Representatives except in the case of manifest errors in the certificate of canvass or election returns. insure publicity to the proceedings of the legislature. returns and qualifications of their respective members. Angara v Electoral Commission Electoral Commission may promulgate rules necessary for the exercise of its exclusive power to judge all election contests. The HRET has jurisdiction even over the qualifications 17 . Each electoral tribunal shall be composed of 9 members: 3 Justices of the SC (to be designated by the CJ) and 6 members of the House who shall be chosen on the basis of proportional representation from the political parties and the party-list organizations. VP. Errors which cannot be verified except by opening the ballot boxes are not manifest errors. The senior Justice in the Electoral Tribunal shall be its chairman. but also to have himself inducted into office” In cases where no defeated candidate challenges the winner. or returns with discrepancies credited to any candidate which will affect the results. HRET Issue: Can the SC order House to reconfigure the HRET to include representatives from the party-list organizations? Held: No. COMELEC Pre-proclamation controversies should be summarily decided. Senators. Vera v.Allan Pamis 1. Robles v HRET Judicial review of decisions or final resolutions of the ET is possible only in the exercise of the Court’s extraordinary jurisdiction. The power of the Assembly to defer the oath-taking of a member has been retained. the legislative body itself in the exercise of its inherent right of preservation.

HRET Constitutional history demonstrates that the SC has been consistent in reviewing decisions and orders of the ET on a showing of grave abuse of discretion. except in case of a tie. Election Code Rules apply only to cases filed before COMELEC. Coseteng v.Allan Pamis under the Omnibus Election Code (certificate of candidacy. By the SC’s calculations. CA will act on all appointments submitted to it within 30 session days from their submission. Section 19: The ET and the CA shall be constituted within 30 days after the Congress shall have been organized with the election of the President and the Speaker. Angping HRET procedures must be strictly followed if they are to obtain their objective: the speedy and orderly determination of the true will of the electorate. SC ruled that full complement of 12 is not mandatory. v. The ET remains the sole judge of all election contests after proclamation. Singson Issue: Does the situation present a political question? Can the formation of the LDP affect the composition of the CA? Held: Not a political question because the issue is one of legality not wisdom. Chairman of the Commission shall not vote. Lazatin v. Daza v. The expulsion of the member impairs the Tribunal’s prerogative to be the sole judge of election contests. Jr. Section 18: Commission on Appointments President of the Senate as ex-offico chairman 12 Senators. Bondoc v. Mitra Issue: Can temporary coalitions be the basis for a seat in the CA? Held: NO. HRET Issue: Application of HRET rules over Omnibus Election Code Rules Held: Rule-making power of the ET flows from the general power granted by the Constitution. Garcia v. Neither can small parties form a unity for purposes of obtaining a seat in the CA. Dissent of Padilla: Petitioners allegations of bias and oppression due to political considerations are outside the authority and duty of the SC. Lazatin v. to discharge such powers and functions as are herein conferred upon it. The ET in doing so is in grave abuse of discretion which allows the SC to step in and reverse the decision. The constitution does not require that the political parties be registered. Imperative justice requires the proper observance of technicalities. The CA shall rule by a majority vote of all its members. This Court should be forever detached from the Machiavellian world of politics. at the call of its chairman or a majority of its members. and changes in the CA may be made at any time. Gonzales Issue: Rounding up to obtain more CA seats Held: Rounding up cannot be done. valid substitution) as the sole judge of election contests. Pineda Issue: Can a political party manipulate ET decisions by substituting nominees? Held: NO. Constitutional intent is that the CA reflect political alignments. Temporary coalitions and factions are not political parties and must be Elected by each house on the basis of proportional representation From the political parties or party-list organizations. 18 . Lerias v HRET Issue: Can the ET make a decision contrary to evidence? Held: NO. COMELEC SC will not take cognizance of COMELEC’s withdrawing of his proclamation. the result would be that the Senate would only have 11 members in the CA. CA is a legislative check to the appointing authority of the president. Arroyo v. The CA shall meet only when Congress is in session. 12 members of the House of Representative dlsps_mbajd_batch2007@yahoogroups. Guingona.

Nazareno SC held that the legislative body possessed the contempt power as a means of preserving its authority and dignity. Negros Oriental II Electric Cooperative v. Jr. Enrile contained no suggestion of contemplated legislation but pointed to the need to determine whether President Aquino’s relatives violated the law.  executive privilege Section 23: War & Emergency Powers 19 . Power of local legislatures is delegated. the appearance shall be conducted in executive session.Allan Pamis Ad-interim appointments: made before Congress is not in session. Senate Blue Ribbon Committee Court ruled that the investigation was not in aid of legislation because the speech of Sen. Written questions shall be submitted to the President or the Speaker at least 3 days before their scheduled appearance. as the rules of each house shall provide Appear before and be heard by such house on any matter pertaining to their departments. To allow the investigation to continue would violate separation of powers. It is beyond the jurisdiction of the SP to inquire into the compliance with the franchise of NORECO II. Section 20: The records and books of Congress shall be preserved and open to the public in accordance with law. v. Power to commit a witness for contempt ceases to exist upon Congress’ final adjournment. When the security of the state or the public interest so requires and the President so states in writing. Rights of persons refer to those found in the Bill of Rights. Inquiries does not have to be directly related to a bill being filed. or upon the request of either House. Effective immediately but subject to CA review. >30 day rule is meant to prevent CA from freezing appointments. Dissent of 1 member should not block action. Acts of secretaries presumed to be acts of President. Appointees are removable anytime. They cannot be compelled to Held: NO. since all governmental action must be exercised subject to constitutional limitations. Such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each member. Bengzon. Sangguniang Panlungsod Issue: Can local legislative bodies conduct inquiries in aid of legislation and compel people to appear? dlsps_mbajd_batch2007@yahoogroups. neither may they impose their appearance upon either House. but may cover matters related thereto. Petition for mandamus: compel Congress to show records. Interpellations shall not be limited to written questions. The rights of such persons appearing in or affected by such inquiries shall be respected. with the consent of the President. The SC has no power to second-guess the motives of legislators. Acting appointments: made when Congress is in session. Dissent: Gutierrez – SC is encroaching on power of Congress by prohibiting them from exercising a constitutionally vested function. Appearance of department heads is voluntary. Arnault v. They may or may not lead to legislation. Section 21: The Senate or the House of Representatives or any of its respective committees May conduct inquiries in aid of legislation in accordance with duly published procedure. Section 22: Heads of departments may upon their own initiative. >Commission must decide by majority vote. >CA can meet only when Congress is in session.

Speaker of the House. will have clearer picture of needs Senate may partially or totally amend bill from House. (7) If. voting separately. and no name given to it by him or them could change the fact” (2) In times of war or other national emergency. content. and the Heads of Constitutional Commissions may. be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. bills authorizing the increase of public debt. conflict is governed by international law (Geneva Conventions) “The president was bound to meet war in the shape it presented itself. Congress may increase the budget of the Legislature and Judiciary. by a vote of 2/3 of both houses in joint session assembled. (5) No law shall be passed authorizing any transfer of appropriations. (2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. and shall be supported by funds actually available as certified by the national treasurer. President of the Senate. revenue or tariff bills. (4) A special appropriations bill shall specify the purpose for which it is intended. (3) The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. Exception to non-delegatablity of legislative power. the President. by the end of any fiscal year. the General Appropriations Law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the General Appropriations Bill is passed by Congress. to exercise powers necessary and proper to carry out a declared national policy. Section 25: (1) Congress may not increase the appropriations recommended by the President for the operation of the government as specified in the Only covers increases in the budget of the Executive department. BY LAW. and manner of preparation of the budget shall be prescribed by law. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. War: armed hostilities between 2 states After declaration of war. Garcia v. (6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. without waiting for Congress to baptize it with a name. >The bill must originate from the House. The form. Mata 20 . such power shall cease upon the next adjournment thereof. but the Senate may propose or concur with amendments. Unless sooner withdrawn by resolution of congress. bills of local application. CJ of the Supreme Court. Rationale: House in closer contact will people. Rider: provision unrelated to the appropriations bill. and private bills shall originate exclusively in the House of Representatives. shall have the sole power to declare the existence of a state of war. dlsps_mbajd_batch2007@yahoogroups. Section 24: Appropriation All appropriation. The law which is the product of the total bicameral legislative process originates not just from the House but from both Senate and House. However. Congress may by law authorize the President for a limited period and subject to such restrictions as it may prescribe.Allan Pamis (1) Congress. the Congress shall have failed to pass the General Appropriations Bill for the ensuing fiscal year. or to be raised by a corresponding revenue proposal therein.

(2) No bill passed by either house shall become a law unless . and if approved by 2/3 of that house. together with the objections. before it becomes a law. But the provision on the removal of franking was declared unconstitutional on equal protection grounds. Executive Secretary Issue: Do the provisions in the “Fair Election Act” repealing Omnibus Election Code (on ipso facto resignation of elected officials upon filing of certificate of candidacy for another position) violate 1-bill 1-subject rule? Held: No. be presented to the President. Upon the last reading of a bill. Section 26 (1) has been envisioned to . which shall enter the objections at large in its journal and proceed to reconsider it. it confers no right and affords no protection”. to the other house by which it shall likewise be reconsidered. Farinas et al v.Allan Pamis Provisions on Reserve Officers of the AFP contained in the General Appropriations Law are invalid because they violate the provision on riders. Phil Judges Association v Prado dlsps_mbajd_batch2007@yahoogroups. Del Rosario Article 6. Tan v. Constitutional provisions relating to the subject matter and titles of statutes should be liberally construed so as not to impede the power of legislation. the votes of each house shall be determined by yeas or nays and the name of the members voting for or against shall be entered in its journal. “Being unconstitutional. Taxation is sufficiently related to the regulation of the video industry. (2) Not in violation of Art 6 Sec 26-2 (1 bill 1 subject) – title of law covers contents (3) Judicial inquiry on the manner the bill was passed beyond those prescribed by the Constitution is precluded by the principle of separation of powers.fairly apprise the people of the subjects of legislation Tolentino v.avoid surprises and fraud upon the legislature . -the President shall communicate his veto of any bill to the house where it originated within 30 days of 21 .if he approves the same. Alba PD 1177 unconstitutional because it allowed the President to indiscriminately transfer funds without regard as to whether or not the funds to be transferred are actually savings in the item from which the same are to be taken. no amendment thereto shall be allowed. he shall sign it . Secretary of Finance (opposition to VAT law) (1) Not in violation of Art 6 Sec 24 (all taxation bills must originate in the House) – Senate is allowed to substitute their version of a bill. it shall become a law. Section 26: (1) Every bill passed by Congress shall embrace only 1 subject which shall be expressed in the title thereof. -if after such reconsideration. Tio has passed 3 readings on separate days . Section 27: Every bill passed by Congress shall.otherwise he shall veto it and return the same with his objections to the house where it originated. . Demetria v. it shall be sent. In all such cases. and the vote thereon shall be taken immediately thereafter. Videogram Regulatory Board The 1-bill 1-subject rule is satisfied if the title is comprehensive enough to include all subjects related to the general purpose of the Title of “Act Creating the Philippine Postal Corporation…” sufficiently broad to cover removal of franking privileges of the judiciary. and the yeas and nays entered in the journal .printed copies of its final form have been distributed to its members 3 days before its passage Except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.prevent log-rolling legislation intended to unite the members of the legislature who favor any one of unrelated subjects in the support of the whole act . 2/3 of the house shall agree to pass the bill. (4) Rushed passage of bill resulted from certification of President because of a growing budget deficit.

(3) Charitable institutions. The Congress shall evolve a progressive system of taxation (2) The Congress may. >For non-money bills. Commissioner of Internal Revenue v. import and export quotas. veto must be complete. motels. Macaraig Marks the SC’s acceptance of “doctrine of inappropriate provisions” or that a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item.the President shall have the power to veto any particular item or items in an appropriation. Item does not refer to the whole section. Caloocan City 22 . and all lands. or tariff bill. instrument of national economic and social policy 3. or educational purposes shall be exempt from taxation >Exemption only from property tax >Test is on use: must be actually. Arroyo et al v De Venecia What is alleged to have been violated in the passing of RA 8240 imposing sin taxes are merely internal rules of procedure of the House and not the constitutional requirements for enacting a law (Art 6. directly and exclusively used for stated purposes (4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of Congress. Gonzales v. revenue. churches or convents. and other duties or imposts within the framework of the national development program of the government. Enriquez The essence of a veto rule is that the President may veto distinct and severable parts. by law. SC invalidated vetoes of restrictions on the use of funds for road maintenance and purchase of medicines since dlsps_mbajd_batch2007@yahoogroups. or rest houses. tool for regulation 4. Sec 26-27) Philconsa v. but only to a subject and rate of tax. protection of local industry Power to tax exists for the general welfare  should be exercised only for a public purpose Uniform tax 1. tariff rates. . the President vetoed provisions in the 1989 and 1990 that stopped her from restoring or increasing appropriations removed or reduced by the veto did not include a veto of the appropriated funds themselves.Allan Pamis receipt thereof. non-profit cemeteries. authorize the President to fix within specified limits. no line veto Conference Committee: extra-constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting versions of a bill. building and improvements actually. and subject to such limitations and restrictions as it may impose. charitable. Purpose of tax: 1. otherwise it shall become a law as if he had signed it. Appropriation bills: Item: Sum of money + purpose Revenue bills: Item: Subject + rate of tax >Items must be separable from the rest of the bill. Court of Tax Appeals Issue: Court upheld President’s veto of item in Omnibus tax law imposing tax on restaurants located in hotels. In this case. raise revenue 2. but the veto shall not affect the items to which he does not object. mosques. equivalent to the requirement of a valid classification Progressive  rate increases as tax base increases Systems Plus Computer College v. Section 28 (1) The rule of taxation shall be uniform and equitable. directly and exclusively used for religious. tonnage and wharfage dues. operates with the same force and effect in every place where the subject of it is found 2.

PD gave sufficient rules to determine amount to be appropriated. Enriquez CDF (pork barrel) allowed Congress to identify projects but their power was merely recommendatory to the President who could approve or disapprove the recommendation. Congress as the guardian of the public treasury (2) No public money or property shall be appropriated. Guingona v. (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. Osmena v Orbos (OPSF Trust Account) What is involved here is not so much the power of taxation as police power. Executive Secretary Issue: Can the President impose additional ad-valorem taxes on all imported articles? Held: YES. There is explicit constitutional permission for Congress to authorize the President “subject to limitations and restrictions” to fix within specific limits tariff rates and other duties or imposts. If the purpose for which a special fund was created has been fulfilled or abandoned. 23 . Santos It is inherent in the power to tax that the state be free to select the subjects of taxation and it has been repeatedly held that inequalities infringe no constitutional limitation. teacher or dignitary dlsps_mbajd_batch2007@yahoogroups. church. BIR Commissioner v. Carague (questioning auto appropriation for debt service based on PD) Issue: Appropriation bills must originate in the House (Sec 24) and there must be definiteness. et al Tax exemption cannot be granted by Executive Order. certainty and exactness in the appropriation. Philconsa v. Section 30: No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. Central Mindanao University v. DAR The meaning of “exclusively”. the overriding consideration is not to raise the revenue but to enable the ERB to act quickly to carry out the objectives of the law and protect consumers form the constant fluctuation of oil prices (police power). and not upon any idea of lessening the burden of an individual or corporate owner. Otherwise. Held: Appropriation laws enacted before the Constitution was effective (PD and EO) not covered. minister. directly or indirectly. The provisions refer to bills still to be passed by Congress. Gives the SC a measure of control over cases placed under its appellate jurisdiction. or leprosarium. Victor Lim. John Hay Peoples Alternative Coalition v. BIR Commissioner v. for the use. benefit or support of any religious sect. The relevant Law is the Tariff and Customs Code of the Philippines. the indiscriminate enactment of legislation enlarging its appellate jurisdiction would unnecessarily burden the Court. paid or employed. penal institution. denomination or institution or any priest. Although the provision authorizing the ERB to impose additional amounts could be construed to refer to the power of taxation. which covers not just what is indispensable but also what is incidental and reasonably necessary. YMCA Court will always apply the doctrine of strict interpretation in construing tax exemptions because taxes are the lifeblood of the Except when such person is assigned to the Armed Forces. Section 29: (1) No money shall be paid out of the treasury except in pursuance of an appropriation made by law. Neither can a tax exemption granted by law to one area be extended to another by EO Garcia v. The SC took into account future land needs of the University in exempting its area from CARP. affects the meaning of the words “actually” and “directly”. government orphanage.Allan Pamis Grant of exemption from taxation rests upon the theory that an exemption will benefit the body of people. the balance shall be transferred to the general funds of the government. applied.

com 24 .Allan Pamis Fabian v. This violates Sec. as early as possible. provide for a system of initiative and referendum and the exceptions therefrom Whereby the people can directly propose and enact laws or approve or reject and act. Desierto RA 6770 cannot validly authorize an appeal to the Supreme Court from decisions of the Office of the Ombudsman in administrative disciplinary cases. dlsps_mbajd_batch2007@yahoogroups. Section 31: No law granting a title of royalty or nobility shall be enacted No ban on Filipinos accepting titles enacted by other States. law or part thereof passed by Congress of local legislative body After the registration of a petition signed by at least 10% of the total number of registered voters. Section 32: The Congress shall. of which every legislative district must be represented by at least 3% of the registered voters thereof. 30.

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