CONSTITUTIONAL LAW

Kwin
May 30, 2011 DEFINITION OF POLITICAL LAW It is a branch of public law that deals with the organization and the relation of the different governmental lines and how they relate with each other and the powers they are supposed to exercise and the extent of exercise of the powers as well as defining the relationship between the government and the governed, or the states with other sovereign states. SCOPE OF POLITICAL LAW So in terms of scope, it is broader than other laws that relates to the government. CONSTITUTIONAL LAW is just a branch of political law. It deals with how to balance with authority on one hand and rights of individuals. Because this pertains to government limiting the rights of individuals as recognized by bill of rights and at the same time these rights put a limitation on the powers of the state; then constitutional law must be part of political law. You have other braches like ADMINISTRATIVE LAW that deals on how government officials run the government and the extent of the exercise of the powers on how one branch or one department, bureau or agency or instrumentality relates with each other. That is administrative law that is why after consti 1 and 2, you will also be reviewing political law as part of political law review. You also have ELECTION LAWS which pertain to the election of the representatives of the government by the people, the limitation on the conduct of election. It has something to do with the government because without election, there cannot be a government or officials in the government. You also have LAW ON PUBLIC OFFICERS, LAW ON PUBLIC CORPORATIONS and PUBLIC INTERNATIONAL LAW These are the different parts of political law. SOURCES OF POLITICAL LAW What are the sources of political law? What are the basis of your understanding on the powers of the government and the limitations on the exercise of the powers? Primarily the source is the 1987 CONSTITUTION. Aside from that, you also have the other laws. Because you will always have to refer to the other laws which each constitution has evolved. Or from which the constitution has evolved, like 1987 Constitution, which makes reference to the 1935 Constitution, which was promulgated pursuant to the organic laws passed by congress, Tyding’s Mcduffi Law, Jones Law of 1960, Philippine Bill on 1902, McKinley’s instructions on school amendment. All of these were passed because of Treaty of Paris, the instrument that formally transferred the powers from Spain to the US. These are the sources of your political laws. So when you go into the understanding of your provisions of the constitution, it cannot be avoided that we make reference to those laws to be able to fully understand why such a decision of the SC had been reached. Other than those laws passed by the US, we also make reference on the DECISIONS OF THE SC, that may have changed the implication or the meaning of the law. Example. The patrimony is limited only to natural resources before. Now, because of the decision of SC, even a building that is not belong to natural resources is considered as part of national patrimony like Manila Hotel. So it is reserved only to Filipino citizens. It cannot be sold to foreigners. If there’s any, priority should be given to Filipinos because it is part of the patrimony where the provisions of the constitution provided that it should be reserved or priority should be given to Filipino citizen.

We will be tackling on the study of the government, particularly the REPUBLIC OF THE Philippines REPRESENTED BY THE THREE BRANCHES OF THE GOVERNMENT. Executive, legislative and judiciary, in the national and local governments in relation to the national government. We will also tackle on the study of the other agencies of the government independent of the three braches such as the CIVIL SERVICE CMMISSION, COA, COMELEC and OFFICE OF THE OMBUDSMAN on the accountability of public officials. Then we will be discussing on the BILL OF RIGHTS. We have those topics.

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CONSTITUTIONAL LAW

Kwin
CONSTITUTION Primary source of understanding of political law is the 1987 Constitution. DEFINITION What is a CONSTITUTION? It is the highest fundamental law of the land, upon which all powers are founded, that would limit, divide, assign the exercise f the powers. DIFFERENT PARTS CONSTITUTION 1. constitution of government 2. constitution of liberty 3. constitution of sovereignty Preamble does not form an integral part of the constitution. We have it because we copied the preamble of the US. But it is neither a source of obligation or a source of rights of people. CONSTITUTION OF GOVERNMENT. This provides for the structure and the powers of government and the limitations of on the exercise of powers. You have the Bill of Rights as provision on liberty. And then we have sovereignty which refers to the power of the people to amend or revise the constitution or the representatives. DIFFERENT KINDS OF CONSTITUTION As to origin: 1. ENACTED/CONVENTIONAL CONSTITUTION -enacted by a Constitutional Convention. 2. evolutionary / cumulative constitution -a product of history 3. fiat / granted constitution -made by one sovereign for another As to form: 1. WRITTEN CONSTITUTION -not because it is in writing -all other sources are found in one single instrument -CHARACTERISTICS: a. broad b. brief c. definite 2. not written constitution -most sources are written are written but are scattered -some parts are not written -ex. customs and traditions As to the manner of changing the constitution: 1. RIGID CONSTITUTION -difficult to change. Not flexible -must follow a certain procedure (STAGES): a. proposal b. submission c. ratification A. PROPOSOAL -KINDS OF CHANGES a. revision (overhaul/change philosophy or principles which constitution is founded) b. amendment (not change the whole philosophy) Q: Is the change of government a revision or an amendment? Ex. change from presidential to parliamentary? A: REVISION. Because you totally change the philosophy to be adopted as basis of the enforcement of the provisions of the constitution. Q: If you change the term of office of the president, is that a revision or an amendment? A: AMENDMENT -WHO MAY PROPOSE: 1. Congress -WHAT KIND OF PROPOSAL: a. revision b. amendment -HOW: At its discretion, congress may: a. act as ConCon – Constituent Assembly for ¾ votes b. call for a Constitutional Convention for 2/3 votes c. if they are undecided, refer the question to a referendum for majority votes, separately (all members of congress) 2. People -WHAT KIND OF PROPOSAL a. amendment ONLY -HOW a. initiative on amendments of the constitution -VOTERS You need 12% of the total registered voters wherein each legislative district is represented by at least 3% of its total registered voters. These two must concur with each other OW the proposal is invalid. -SIGNATURE The petition itself must be signed by the voters. IOW you cannot only attach a blank papers to the petition. (Lambino vs Comelec). This is the reason why the petition for the

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CONSTITUTIONAL LAW

Kwin
change of system of government from presidential to parliamentary was dismissed by SC and confirmed by SC because it was improperly done. So if you were to propose an amendment imitated by the people, they must sign the petition itself. CONSTITUTION VS STATUTE Both provide for how government should be managed or provide for powers or limitation or the exercise of he powers or define relationship between the government and governed. The difference is that, the CONSTITUTION is the highest law of the land. So if it is n conflict of the statute passed by congress, it should always prevail as the statute is based on the constitution. The constitution provides for the basic principles. The STATUTE provides for the details because the constitution cannot be detailed that might result to the misunderstanding of the meaning of the provisions. It has to be able to cover everything from today and future needs of the government and the people. Statue provides for the details of the broad constitution for effective enforcement or implementation. The constitution is the direct act of the people because without their ratification, the constitution does not take effect. Whereas the statute is being only assed by the representatives of the people through congress.

Q: Is the provision on the constitution authorizing the people to propose amendments on the constitution self executing as in the case of Santiago vs Ramos? A: no. SC said RA 6735 is insufficient to provide for mechanism or procedure on how people can propose amendments to the constitution. Since it is lacking in provision, it is presumed that people, without legislation cannot propose amendments to the constitution. Q: What would be the justification, should they be allowed? A: It boils down to their being sovereign. It becomes a political question. It is up to them to decide. (Lambino vs Comelec) But the prevailing jurisdiction is people cannot propose amendments to the constitution although it is mandated but the provision is not self executory. B. SUBMISSION There is consultation among the people for a better understanding of the proposed change. PIECE MEAL SUBMISSION of proposed changes is prohibited. Should there be any submission, it has to be the whole thing for the better understanding of the relationship of the proposed changes to the constitution. C. RATIFIATION When does the amendment take effect? Upon ratification by majority votes cast in a plebiscite called for the purpose, not a referendum. This is based on plurality. Not based on majority voters.

CONSTUTION VS ORGANIC LAWS Remember you have organic laws passed during the American occupation like Philippine Bill of 1902, Jones Law of 1916 and Tydings McDuffy Law. They are similar in a sense that organic laws also provide for the structure, organization and operation of the government at the time. It even provided for the bill of rights and a definition of citizenship. A difference between these laws is that while the constitution a direct act of the people, organic laws are passed by the representatives of the people. During that time, the US congress.

As to basis:
1. EMOCRATIC REPUBLICAN -depend on the form of government that is provided in the constitution itself PHILIPPINE CONSTITUTION -written -enacted -rigid -democratic/republican -presidential

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it has its practical use which is to indicate the source of sovereignty. sovereignty From the POV of International law. justice. it was ratified by the people on Feb 2. Section 27. But the 1973 has expressly prohibited death penalty except when congress by compelling reason. There was an appointment of he OIC because under the Freedom Constitution. in order to build a just and humane society.CONSTITUTIONAL LAW Kwin 1987 CONSTITUTION Going back to the kinds of laws used s basis in the understanding of government and the relationship between the government and governed. What is the constitutional basis? Sec 27 Art 18 of the Constitution. degree of civilization acceptable by the Family of Nations 6. This does not impose religion but only a declaration that we believe in god. To a certain extent. But if the constitution took effect on Feb 11. congress will pass a law for heinous crimes and impose death penalty. for a state to be considered as such. and therefore they are deemed repealed. But if the constitution took effect on Feb 11. from the different sectors of society. promote the common good. the study of political law basically a study about the state and when you study the state. And then there was the 1987 Constitution. two other elements must be present: 5. The Barangay Captain was replaced on Feb 9. Is death penalty abolished in 1987 constitution? Yes.DEMO :: http://www. 1987. do ordain and promulgate this Constitution. people 2. recognition of the Family of Nations PREAMBLE We. It is not a source of rights or obligations. and establish a Government that shall embody our ideals and aspirations. the term of office of local officials then actually already expired but they were asked to hold over until they will be replaced by OIC’s through the Ministry of the Government.docudesk. territory 3. the sovereign Filipino people.com . The provisions in the preamble will help or guide the members of congress and SC and other courts in construing the provisions of the constitution because the constitution is founded on the purposes as enumerated in the preamble. here is on convicted in 1985 to be executed in 1988. After they have drafted. This was the issue in the case of De Leon vs Esguerra. and peace. IMPLORING THE AID OF ALMIGHTY GOD Does this violate the separation of church and state? Because this is just an assertion of the kind of people that we are. SC said THE CONSTITUTION TOK EFFECT ON THE DATE OF RATIFICATION – FEB 2. For example. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. Therefore there was a law passed defining heinous crimes and providing death penalty bit was repealed lately. If the constitution took effect on Feb 2. should he be executed? If the constitution took effect on Feb 2. assuming that there is no law yet. 1973 does not prohibit death penalty. freedom. It is an introduction only. like art 2 is not self executing. So you cannot go to court and use preamble for you assertion on you freedom of religion because. 1987 by the Exec Order 50 by President Aquino. you have to go about its elements. there are only four elements: 1. Kwin transcripts Page 4 PDF Created with deskPDF TS PDF Writer . the replacement is illegal because the transitory provision of the constitution says that they have to hold office until election is called. the blessings of independence and democracy under the rule of law and a regime of truth. it is not even necessary. then the execution is against the constitution. 1987. 1987. From the POV of Political law. and secure to ourselves and our posterity. government 4. 1987 and he is to be executed on Feb 5. The exception is when there is reservation by congress to pass a law defining what heinous crimes are and imposing death penalty. imploring the aid of Almighty God. That is the GR. death penalty. This is not a conferment of rights. we also go into a particular law that we will use in understanding the government. then the replacement is valid. EFFECTIVITY When did the 1987 Constitution take effect? You have learned that it is prepared by a Constitutional Commission pursuant to Proclamation number 9 by then President Aquino under the Revolutionary Government consisting of 50 non elected by appointed members. ELEMENTS OF A STATE As you have learned in your first year. If 1973 does not prohibit but 1987 prohibits. love. Because there are provisions in 1987 constitution that were inconsistent with 1973. the execution will still be in accordance with the law because what will govern is the 1973 constitution. equality. It was declared to have been validly ratified in Feb 11. conserve and develop our patrimony. It is not part of the constitution. saying that they will not be replaced anymore because they have to hold on until elections will be called.

it belongs to the state in its sovereign capacity.NATIONAL TERRITORY The national territory comprises the Philippine archipelago. to build a just AND humane society 2.com .all other territories Philippines has sovereignty or jurisdiction. That is the reason why we need to define the national territory under the 1935 Constitution to include the Batanes Islands which has the phrase – all those belonging to the Philippines by historic right or by legal title. 1. the Treaty of Washington. IOW it does not consist only of the islands.DEMO :: http://www. The waters around. Sovereignty could either be: 1. TERRITORIES NOT FOUND I NTE ARCHIPELAGO What are these territories? . meaning exercise of governmental powers. not and. -regardless of their breadth and dimensions ARCHIPELAGO The kind of territory you have is archipelago. to conserve and develop our patrimony 5. Dominium EMPERIUM meaning acts of sovereignty. NATIONAL TERRITORY COMPOSITION 1. TN that these Philippine archipelago. love. except for the Batanes islands which we have acquired through long occupation and possession. The only islands not part of those islands is the Batanes Islands in fact they were apparently excluded in the Treaty of Paris. fluvial domains c. regardless of their breadth and dimensions. and other submarine areas.the Philippine archipelago. It also includes the waters embraced in the archipelago. form part of the internal waters of the Philippines. the subsoil. to establish a Government that shall embody our ideals and aspirations 3. fluvial and aerial domains. justice. the state canot be AFTER BREAK Kwin transcripts Page 5 PDF Created with deskPDF TS PDF Writer . TERRITORY – ART 1 ARTICLE I . which also ceded two more islands. a body of water studded with several islands 2. all other territories over which the Philippines has sovereignty or jurisdiction. freedom. the seabed. The legal basis for that is SOVEREIGNTY. insular shelves h. the blessings of independence and democracy under the rule of law and a regime of truth. 1898 which was amended by two more treaties in 1900 transferring the Turtle Islands and Mangsi Islands. Philippine archipelago. So you have to understand what an archipelago is. consisting of its: a. between. So if we claim a property under the principle of emporium. to promote the common good (not general welfare) 4. Two definitions: 1. And then you have the Great Britain and US treaty. including its territorial sea. and all other territories over which the Philippines has sovereignty or jurisdiction. It is not subject to tax and any suit against the property that belongs to the state in its sovereign capacity. to secure to ourselves and our posterity. aerial domains including its d. and that is one of those that states or defines what comprises the Philippine territory which says . a group of islands surrounded or separated by sea waters What do we follow under UNCLOS – UN Convention Law of the Seas? An archipelago is a body of water studded with several islands. other submarine areas 3. But there are instances when we are claiming certain territories where we have not established Philippine government there but we are claiming as part of our national territory. subsoil g. Emperium 2. with all the islands and waters embraced therein 2. TN that basically. and peace ACQUISITION OF THE ISLANDS How did we acquire the islands comprising the Philippine archipelago? Primarily we acquire them by cession. these islands that consists of the Philippine archipelago was acquired by us through transfer.CONSTITUTIONAL LAW Kwin PURPOSES 1.docudesk. with all the islands and waters embraced therein. the insular shelves. JURISDICTION is when you put up a government and you have the laws enforced by the government. and connecting the islands of the archipelago. territorial sea e. and connecting the islands of the archipelago. if you are asked what provisions in the national territory hat expressly provide for the adoption of the archipelagic doctrine. between. waters -around. How was the transfer made? Through the Treaty of Paris which was entered into by Spain and US on Dec 10. consisting of its terrestrial. over which the TN that the conjunctive word is OR. with all the islands and waters embraced therein. terrestrial domains b. seabed f. equality.

What we have adopted is the ARCHIPELAGIC DOCTRINE. we do not follow the normal baseline method because ours is an archipelago. RA 9522 The law withdrew the baseline to comply with the UNCLOS requirements for archipelagic state. Always remember that this does not preclude us from claiming properties which we have not established a government. IOW it refers to the legal title. To remove the irritant of the relationship between Malaysia and the Philippines. Also certain portions of Kalayaan Islands. You determine the outermost islands of the archipelago. This had been objected to b the members of the UN when the had the UNCLOS because they are saying that it is not fair because while the Philippines has internal waters. Likewise.CONSTITUTIONAL LAW Kwin sued. Under he principle of DOMINIUM where the property is being owned by the government in it proprietary capacity. They are just simply considered as outside of main archipelago. in the process excluding the Kalayaan Group of Islands and the Scarborough Shoal. If we are to consider the territorial seas as part or belonging to these territories of which the Philippines has jurisdiction or sovereignty. You have to connect the outermost points of the outermost islands by a straight line. we are not precluded from claiming future properties. So how are these islands now treated if they are excluded from the main archipelago in the determination of internal waters or the archipelagic waters? They will be simply be treated as regime of islands. They had RA 9522. around the islands will be the basis of determination of the extent of jurisdiction over the waters. it belongs to us by either historic right or legal title. we change it to – and all other territories which the Philippines has jurisdiction or sovereignty. Remember that these islands like Kalayaan and Scarborough Shoal are found outside the archipelago. So on jurisdiction. the sultan of Solo has transferred the rights to the Philippine government so that they can make a legal claim over the property. Or the government in Scarborough Shoal which is part of Zambales.DEMO :: http://www.docudesk. But as far as Philippines is concerened. For as long as the mode of acquisition is acceptable by international standards. it is obvious that there has to be a government established.com . they would say that we have both emperium and dominium over the territory. it is considered that all islands inside are considered internal waters. It was allegedly owned by a Sultan of Solo and then it was even to the Datu of North Borneo and it was leased to the Britished Indies Company which is a British owned corporation of the government. How do you determine the internal waters of these islands considering the Kalayaan Group of Islands and Scarborough Shoal? We adopt the straight baseline method. they have a claim over territorial seas or the maritime domain which is 12 NM from the normal baseline. So what looks like rectangular becomes triangular now because they were excluded. the the sea the So when you connect the outermost islands. These are examples of territories being part if he Philippines over which the Philippines has jurisdiction. we rephrased the provision on the definition of the national territory and instead of adopting – by historic right or by legal title. between or connecting. Because of this. They are not even considered maritime domain. So far we are claiming the Spratley Islands against other countries. however we have sovereignty over them by reason of historic right or legal title. They turned over the territory to the Malaysian Government and that is the reason why Malaysia is claiming it. regardless of deepness and wideness separating the islands. You imagine an archipelago that looks like a rectangle if we are to consider all the islands in the archipelago. We might not have established a government there but as far as we are concerned. So you will determine its terrestrial domain following normal baseline. you do not Kwin transcripts Page 6 PDF Created with deskPDF TS PDF Writer . It became more of a controversy by reason of the Jabadah Massacre that compelled us to drop our claim over Sabah. They are simply internal waters. It could be by purchase. regardless of the deepness and the wideness belong to the internal waters of the Philippines. The basis of which is historic right as well as legal title. So they wanted us to redraw our internal waters in order hat they would be able to determine the extent of our internal waters. And so this prompted congress in May 2009 that there should be proper determination of internal waters or archipelagic doctrine. and not by invasion. They are considered like rivers. ARCHIPELAGIC DOCTRINE The waters around the islands. Like the one we established in Kalayaan Islands which is part of Palawan. Remember that we also have claims over Sabah and North Borneo. lakes and swamps. To some jurists.

it is no longer part of the national territory.DEMO :: http://www. continental shelf and insular shelf. immigration and sanitary laws. The Philippines however has jurisdiction up to 24 NM from the normal baseline. ARCHIPELAGIC WATERS Then you go by the archipelagic waters. it is part of the national territory (Reagan vs CIR) Kwin transcripts Page 7 PDF Created with deskPDF TS PDF Writer . It is the definition of the archipelagic baseline. Again. Talking about subsoil.com . Although not part of the territory. sanitary laws 3. conserve. fiscal laws 2. and it could go beyond 12 NM from the normal baseline of the outermost island. latitudes and longitudes. IOW 2 more NM from the end of 12 miles of the territorial seas. PRINCIPLE OF CONTIGUOUS ZONE Would that still be part of the national territory? No.CONSTITUTIONAL LAW Kwin include the Kalayaan Group of Islands and the Scarborough Shoal. So you will just focus on the main archipelago. to what extent do we have jurisdiction? There is no limitation on that under the international laws. The basis of the definition in the delineation of the boundaries. installations and structures for marine and scientific research and the protection and preservation of marine environment. So inside are considered as internal waters. While it is low tide. But for purposes of implementing or protecting our: 1. or the extent of our jurisdiction in the archipelago is the Treaty of Paris. With the adoption of RA 9522.docudesk. exploit. But we do not exercise jurisdiction in these premises. But while it is high tide. MARITIME DOMAIN OR TERRITORIAL SEAS Now you go by the determination of the maritime domain or territorial seas. You have 12 NM from the normal baseline of the outermost islands. you can go beyond up to 12 more NM if it is within the contiguous zone but it does not belong to the Philippine territory but you can explore the natural resources beyond the 12 NM up to 200 NM. INTERNATIONAL WATERS Beyond that. between and connecting the islands of the archipelago. The seabed is the portion under the sea which could be rich in oil and other resources. 12 NM. Then you have the insular shelves and other submarine areas which include the trench. It would be from the normal baseline to the outermost islands. that is not part of the national territory as it is beyond the 12 NM. This could be the continent that is submerged under the water. it is dry. beyond the 12 NM from the normal baseline of the outermost islands. the coastal state may exercise jurisdiction to prevent infringement or violation of customs. because by and agreement. But definitely. Here. That is EXCLUSIVE ECONOMIC ZONE. It extends only up to 12NM from territorial seas. It is not part of the territory where we have exclusive sovereign right to explore. we are not exercising the acts of sovereignty. this has practically changed because of the reduction of our claim over the internal waters by excluding the Kalayaan Group of Islands and the Scarborough Shoal from the main archipelago in the determination of the internal waters. They are considered as part of internal waters. Territorial seas refer to maritime domain. 12 NM. it is covered by the sea water. customs laws We can run after these people up to 24 NM from the normal baseline or 12 NM from the end of the territorial seas consisting of 12 NM from the normal baseline. FOREIGN EMBASSIES How about foreign embassies in the country as part of the national territory? Yes. It is questioned because it will in effect change the definition of the national territory. This is the PRINCIPLE OF CONTIGUOUS ZONE. treaty or customs of international law that embassies are treated as extensions of the country that it represents. CONTINENTAL SHELF AND INSULAR SHELF TN you also have as part of our territory. So you will know that it is still an extension of the island. CONSTITUTIONALITY OF RA 9522 So what must be emphasized as to its constitutionality is RA 9522. fiscal. immigration laws 4. regardless of the breadth and dimension. that is considered as international waters. EXCLUSIVE ECONOMIC ZONE For purposes of enforcing the laws I have enumerated. and manage the natural resources which may consist of the establishment and use of artificial islands. WATERS CONNECTING THE ISLANDS The other definition of the adoption of the international doctrine is one that says – the waters around.

the most important thing that you must know is that the government is relating not to any people but to its citizens. He may be a foreigner or a citizen. the people being referred to here actually refers TO THE QUALIFIED VOTERS OR TO THE ELECTORATE. Who is referred to there? It refers to all inhabitants of the country. He was a mariner. because the people being referred to there refers only to citizens of the country. Because they have nothing to do with the establishment of government. allegedly fro the discovery of Tomas Kroma. The inhabitants could either be a citizen or a foreigner. Does it include those who are not qualified voters? No. It is nearest to us. Until the Philippine Bill of 1902 was passed in July 1. Many he be a voter or non voter. we were their subjects. on June 11.CONSTITUTIONAL LAW Kwin BASIS OF CLAIM AGAINST KALAYAAN ISLANDS You have the HISTORIC RIGHT.docudesk. N: owes allegiance to the state All citizens are nationals but not all nationals are citizens. you have by blood relationship on the principle of jus sanguinis. can a foreigner join the list? No. but you are no longer a citizen because you have been nationalized in another country. CITIZEN VS NATIONAL TN of the difference between a citizen and a national. PD 1956. either jus soli or blood relationship. PEOPLE – RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURE The matter on the right of people against unreasonable searches and seizure. a Filipino from Bohol. we do not recognize jus soli. RA 3046 and RA 5446. So from birth. there are two choices. that was the declaration of the discovery. And how is this acquired by him in order to be a member of a democratic body politic? Genrally. does the term people include the foreigners? Certainly not. So when the constitution says sovereignty resides in the people and all government authority emanates from them. there was no definition on who are citizens of the Philippines. did we recognize jus soli principle? During the American occupation. 1902. PEOPLE PEOPLE AS AN ALEMENT OF THE STATE Another element of the state is people. title he holds is CITIZENSHIP. Thus the recognition of the principle of JUS SOLI. CITIZEN TN that from the POV of political law. 1978. Then we have the PRICIPLE OF CONTIGUITY because of its proximity. Because while you may be a Filipino by origin. So when we say sovereignty resides in the people. But if you are asked. the most important thing is you must understand who are these people being referred to. Between Dec 10. A citizen could either be a qualified voter or a non voter.DEMO :: http://www. how is the word people used in the provisions of the constitution… People could mean the INAHBITANTS IN GENERAL. So then you must know who are the citizens of the Philippines. It is part of the CONTINENTAL SHELF under the straight baseline method. 1902 where there was a definition of Citizens. once upon a time. Effective occupation. ACQUISITION OF CITIZENSHIP THROUGH BLOOD RELATIONSHIP Insofar as citizen is concerned. C: N: member of a democratic political community member of any community 1. 1988 (transfer of sovereignty from Spain to US) to July 1. From the POV of political law. They migrated but did not last. PEOPLE – RIGHT TO INFORMATION When the law says THE RIGHT OF PEOPLE TO INFORMATION OF MATTERS OF PUBLIC CONCERN. But in this jurisdiction. But still you may be loyal to the Philippines being a former citizen of this country. then we have RA 9522.com . We were also not citizens of US and Spain. Kwin transcripts Page 8 PDF Created with deskPDF TS PDF Writer . Then eventually the coast guards took over. because they cannot chose representatives of the government. that started with the family of Tomas. following the law in America. You have the place of birth and naturalization or by marriage. that it was being discovered by a Filipino and becomes part of the territory. there was no definition as to who were the citizens of the Philippines.

KINDS OF CITIZENS 1. those whose fathers and mothers are citizens of the Philippines c. When did the Philippine constitution take effect? Feb 2. 1902. ART 4 SEC 1 Section 1. those who are born of Filipino mothers and elected Filipino citizenship b. 1973. She has to prove that she does not suffer any of the disqualification. May 14. but because the judgment of the court has become final and executory. those who are citizens of the Philippines at the time of the adoption of the 1935 Constitution. IMPORTANCE OF CITIZENSHIP Why is it important why we have to know who are the citizens of the Philippines? Because there are certain rights that can only be enjoyed by the citizens of the country and enjoyed by the citizens of the country or reserved only for the citizens of the country. art 11 of the constitution requires that all public officers and employees must be loyal to the Republic of the Philippines and its laws. the principle of res judicata applies. subjects of Spain as of April 11. do we adopt the principle that one may become a Filipino by marriage? NO. those who are citizens of the Philippines at the time of the adoption of the 1973 Constitution which was adopted in Jan 17. then they may qualify. In fact this was enunciated in the case of Roa vs Collector of customs.docudesk. 1987 Who is covered by this? This covers all those who are already citizens of the Philippines when 1987 Constitution was adopted in Feb 2. 1988 to July 1. which says: a.CONSTITUTIONAL LAW Kwin DEFINITION OF CITIZEN Until there was that definition in Jul 1. it is not automatic. RIGHTS FOR NATURAL FILIPINO CITIZENS Examples are to run for public office and to be employed in the government. 1902 by virtue of the Philippine Bill of 1902 referring to all inhabitants. ACQUISITION OF CITIZENSHIP THROUGH NATURALIZATION Of course this refers to foreigners who wants to become Filipino citizens. If a Filipina marries a foreigner and the law of the husband foreigner will consider her as a citizen of the country. USE OD JUS SOLI Between Dec 10. then she will have the citizenship of her husband. How about stateless individuals? Can they be naturalized? For as long as they have the qualifications required by the law and none of the disqualifications. That would be a ground for dismissal from the service. 1899 and the children of these inhabitants.com . natural persons. It was only for practical reason because of the absence of definition of citizens during the American occupation’s first period. NATURAL PERSONS FILIPINO CORPORATION Who are considered Filipino corporation? Hen the capital o9f that corporation is at least owned by 60% of Filipino citizens. Sec 18. which says: a. IOW. those who were born in the Philippines of foreigner parents who before the adoption of 1935 constitution was elected to office c. those whose fathers were citizens of the Philippines d. who elect Philippine citizenship upon reaching the age of majority. if you are a foreigner. 1935 b. [2] Those whose fathers or mothers are citizens of the Philippines. of Filipino mothers. In the Philippines. ART 4 SEC 1 PAR 1 [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution. wife has to go through ADMINISTRATIVE NATURALIZATION. ACQUISITION OF CITIZENSHIP BY ADOPTION – not adopted We do not also recognize adoption as a mode of adopting citizenship in the Philippines OW what is the use of naturalization if we recognize adoption. at the same time retain her Philippine citizenship. [3] Those born before January 17. those naturalized in accordance with law In the first paragraph of 1973 Constitution. But because even if the judgment of the court may be erroneous. and [4] Those who are naturalized in accordance with law. ACQUISITION OF CITIZENSHIP BY MARRIAGE – not adopted Then you have by marriage. JURIDICAL CITIZENS 2. So that any change of citizenship from a Filipino to immigrant should be dealt with by law. the jus soli was recognized. b. 1973. we refer to the 1935 Constitution. those whose mothers are Filipinos and upon reaching the Kwin transcripts Page 9 PDF Created with deskPDF TS PDF Writer . But we have never really recognized jus soli.DEMO :: http://www. Meaning those who are citizens under 1973 constitution. What we recognize in the Philippines is only jus sanguinis. then it was corrected when the SC said we do not recognize jus soli principle. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution.

TN the provision in the 1935 Constitution with respect to foreigners who were born in the Philippines. who is a US citizen. They were wondering what was the citizenship of Fernado Poe Jr because the father declared himself as a Spaniard as indicated in his marriage certificate with his first marriage. only those who are born to Filipino fathers can adopt the citizenship. FATHERS ARE CITIZEN At the time. his citizenship was questioned because then he was already born when the father was elected to a public office. How could FPJ be a Filipino citizen when the father was not married to the mother? If he is illegitimate. She was born in Australia. He got married to an Australian citizen and had his daughter. he must follow the legally known parent and the legally known parent is the mother. Then it was discovered that the father was the son of an inhabitant of the Philippine territory as of April 11. how come that he too became a Filipino citizen? Because at the time. he must be Filipino citizen. The father of course became Filipino citizen. by jus sanguinis. Who are the citizens of the Philippines under the Philippine Bill of 1902? It refers to all inhabitants subject of Spain of the Philippine islands as of April 11. The child who follows the name of the father is presumed to be recognized by the father.CONSTITUTIONAL LAW Kwin age of majority and upon reasonable time elected Filipino citizenship e. then he must be a Filipino citizen even if he declares himself as a Spaniard. The 1935 constitution provides that citizens are those whose fathers are citizens of the Philippines. The grandfather. no choice. In the case. it is not conclusive that he has lost his Philippine citizenship. the indios of the Philippine islands b. However despite being a foreigner. then FPJ is a Filipino citizen. residents or inhabitants coming from the Spanish Peninsulares who as of April 1899 were residing in the Philippine islands and had chosen to remain in the Philippine islands c. Chong Bian The father was elected as an officer in Misamis. he was still a minor.docudesk. According to opinion of the friends of the SC. those who are naturalized in accordance with law. Because the father of Fernando was the son of Lorenzo. The mother was an Australian citizen.com . she must also be a Filipino citizen. And because he had lost it at the time of birth of his daughter. Under the Philippine Bill of 1902. as amended b Jones Law of 1916. and the father was already an Australian citizen. the children subsequent thereto are considered natural born citizen. he too became a Filipino citizen and thus he is qualified to engage in a business which is only reserved for Filipino citizens. Meaning.DEMO :: http://www. Case: Vallez vs Comelec The father del Rosario was a Filipino when he migrated to Australia. the subsequent children of the inhabitants are considered Filipino citizens as well. It does not qualify whether the father was legitimate or illegitimate. Lorenzo was an inhabitant of the Philippines presumably because he died in the Philippines at the age of 0’s in 1954. Kwin transcripts Page 10 PDF Created with deskPDF TS PDF Writer . In fact. In fact. it is presumed that FPJ was recognized by the father because of the fact that after his birth. First paragraph of 1935 Constitution. Being one. So he must have resided in the Philippines as of 1899. 1899 (exchange of instruments/treaties bet Spain and US). she was also carrying an Australian passport. a natural born citizen of the Philippines. Because the father is Filipino. Who are the INHABITANTS? a. Not because the mother is Filipino but because the father is Filipino. native born. If he acquires another citizenship. elected to a public office. if father and mother is Filipino. who are covered there? Those who are defined as citizens under the Philippine Bill of 1902 pursuant to the provisions of the Treaty of Paris. child is Filipino. there is an affidavit of the sister of his father that his father continued to cohabit with the mother. The daughter went to Davao and ran for public office until she ran for a higher position as governor when her citizenship was questioned because not only was she registered an Australian citizen. MOTHERS ARE CITIZEN What about if he is born to a Filipina? He is still also a Filipino citizen for as long as she is not married to a foreigner. When Chong Bian acquired a shipping business. 1988 Tecson vs Comelec Lorenzo Poe died somewhere n 1954. So presumably he was recognized. FPJ was recognized by his father. By DERIVATIVE CITIZENSHIP. those who were inhabitants of the islands of Spanish papers n or before April 11. 1899. Meaning those of foreign parents.

child is Filipino citizen. the mother has already lost her Filipino citizenship by virtue of her marriage to a foreigner husband under the 1935 Constitution. she does not lose her citizenship unless by her act or omission she is deemed by the law to have renounced her citizenship. REQUIREMENTS TO ELECT FILIPINO CITIZENSHIP 1. the child must be born before Jan 17.com . The child has to be born at least on Jan 17. But TN of the cut off period. The child is given the chance to become a Filipino citizen upon reaching the age of majority (21) or within reasonable period of time (3 years). Because he is already a Filipino citizen. she acquired the citizenship of her husband and thus she loses Philippine citizenship. Because now the mother is foreigner just like the father. As far as the child is concerned. 1973 is the father’s citizenship. The only exception to this is RA 9225 which is the DERIVATIVE CITIZENSHIP under DUAL CITIZENSHIP ACT that even the adopted children of a former natural born citizen be patriated under this provision will become a natural born citizen being a minor child. the mother. And the child was born before Jan 17. and there is a foreigner. FILIPINA MARRIED TO A FOREIGNER . 1973 or thereafter to apply that provision. He cannot elect Philippine citizenship. At the time of birth. the female counterpart of the Filipino citizen is put to a level equal to the male counterpart so that of the mother is Filipino citizen. she loses her Philippine citizenship. she loses her citizenship because there is a presumption that she acquires her citizenship of her foreigner husband. at the time of birth the child is a Filipino citizen because the law says – those whose fathers and mothers are citizens Does he need to elect? No need. the mother is already a foreign unless she acquired her Filipino citizenship at the time of birth of the child. You cannot acquire Filipino citizenship by adoption. Because from birth. regardless who the husband is for as long as she did not lose her Filipino citizenship at the time of forth of the child. Because when the Filipina marries the husband foreigner. he elects Philippine citizenship.DEMO :: http://www. because she is presumed to have remained Filipino citizen. That’s the reason why the child during his minority has no choice. under the 1935 Constitution. she is presumed to have acquired the citizenship of her foreigner husband. although adopted. But he is given the option to elect Philippine citizenship. The citizenship of the child if born B4 Jan 17. Again. then he becomes a Filipino citizen. So at 1974. But the child. ADOPTED CHILD OF FILIPINO FATHER If father is a Filipino and the child is adopted. then he remains a foreigner. If the mother was married under 1935 constitution.docudesk. the child is not a Filipino. Mother lost her Filipino citizenship at the time of marriage. can the child become a Filipino citizen? No.CONSTITUTIONAL LAW Kwin FILIPINA MARRIED TO A FOREIGNER . And thus automatically.1935 CONSTITUTION But if the mother is Filipina. The mother at the time of the birth must be a Filipino citizen for that child to be considered a Filipino. He is considered a foreigner. what we follow is the principle of jus sanguinis. the legally known parent is the mother. only during his minority is considered a foreigner. In this jurisdiction. When the Filipina under the 1935 constitution. But if the Filipina is not married to the foreigner. But the law presumes that by their marriage. the mother is already a foreigner. There is naturalization for the child to acquire Philippine citizenship. 1973 MARRIAGE AFTER 1973 Would it make any difference if the mother is married to the father at 1973 Constitution? Yes. must have been married under 1935 Constitution who is a Filipino citizen at the time of marriage 2. If the parents married in 1965 and child was born in 1974.1973 & 1985 CONSTITUTION Relating that provision to 1973 and 1985. what is the citizenship of the child during his minority? Does he need to elect Filipino citizenship in order to become Filipino citizen? The child is a foreigner. the child follows the citizenship of the legally known parent. In which case. adoption is not a mode of acquiring Filipino citizenship. at the time of birth of the child. The requirement however is that the mother must be a Filipino citizen at least at the time of marriage to foreigner father. Kwin transcripts Page 11 PDF Created with deskPDF TS PDF Writer . He has no choice. IOW the burden of proof lies with her that she never lost her citizenship because she never acquired the citizenship of her husband. ART 4 SEC 1 PAR 2 [2] Those whose fathers or mothers are citizens of the Philippines. 1973. If he does not elect Filipino citizenship. here. He cannot elect Philippine citizenship. even if the child was born after 1973 Constitution was adopted.

Kwin transcripts Page 12 PDF Created with deskPDF TS PDF Writer . If at the time of birth. So that if this person was born under 1935 Constitution. So the cut off is 1973. he is a Filipino citizen but not a natural born. The is only temporary and transitional in a sense that by 1994 to 1997.DEMO :: http://www. REQUIREMENTS OF CITIZENSHIP BY ELECTION Because here to avail of CITIZENSHIP BY ELECTION pursuant to the provisions of 1935 Constitution. He elected Filipino citizenship before 1973 Constitution was enacted. born before Jan 17. Even if he elected Filipino citizenship. taking of oath of allegiance 2. is he a natural born Filipino citizen? Yes. Apply retroactively. She retains her Filipino citizenship unless by her act or omission she is deemed under the t5he law to have renounces her citizenship. RETAINING CITIZENSHIP This refers only to children born in 1973 or thereafter because upon effectivity of 1973 Constitution. Plus 21. BORN AFTER 1987 But if the mother was married under the 1935 Constitution under which he is considered to have lost her Filipino citizenship by virtue of the marriage to the foreigner and the child is born only after the 1987 Constitution. there is a clear definition – those who are citizens from birth without having to perform any act in order to acquire Filipino citizenship is a natural born. one is considered a Filipino citizen and the other is not.CONSTITUTIONAL LAW Kwin EFFECT OF ELECTION OF FILIPINO CITIZENSHIP – NATURAL BORN If he a natural born citizen if he elects Philippine citizenship assuming that the mother was married to the father before 1973 Constitution and he is born under 1935 Constitution. So there is no more problem in determining whether he is natural born or not. the e mother has not reacquired her Philippine citizenship. 1973 2. who elect Philippine citizenship upon reaching the age of majority. ART 4 SEC 1 PAR 3 [3] Those born before January 17. a citizenship by election is not a natural born. MANNER OF ELECTION How is election be made in order to be considered a citizen? 1. elected Filipino citizenship under 1973 Constitution. running for public office b. Because if the child was born after 1973. then she remains a foreigner. That even those who are elected as Filipino citizenship are now considered as natural born citizens. participating in election by a.docudesk. there is no need to elect Filipino citizenship because he is already considered a Filipino citizen. 2011 ART 4 SEC 1 PAR 2 [2] Those whose fathers or mothers are citizens of the Philippines. the only difference is the date of election. Plus 3 years 1997 (3 years after reaching the age of majority). declares under oath as a Filipino citizen APPLICATION UNTIL 1997 Citizen by election applies only until 1997. Under that definition. he is a natural born citizen. He is presumed to be natural born. mother is Filipino at least at the time of the marriage to the foreigner husband Even if the mother has become a foreigner at the time of the birth of the child. There is no definition then. Both parents are foreigners. regardless of the citizenship of the father who is marries to the father. he cannot acquire Philippine citizenship. So at the time of the birth of the child. the child is a Filipino citizen. TN of the requirements: 1. therefore qualified to run for office that requires only natural born citizens. the child has a chance of becoming a Filipino by election upon reaching the age of majority or within a reasonable period of time. if a Filipina marries a foreigner. And even if he elects Philippine citizenship. Under 1973. she does not automatically lose her citizenship. June 6. that means 1994. as long as the mother. To elect Filipino citizenship is perfecting or acquiring Filipino citizenship. In which case.com . However. what would be the citizenship of the child? It depends at the citizenship of the mother at the time of birth. although married to the father has remained a Filipino citizen. there will be no more children by election because the presumption is the child must have either elected Filipino citizenship or the time has passed for him to elect Filipino citizenship. MARRIED BEFORE 1935. of Filipino mothers. Precisely this was corrected under the 1973 constitution. voting c. actively campaigning for a candidate 3. He has to elect by the age of 21 or within reasonable period of time. and We have discussed this already. it is anomalous because while these two persons are situated under the same circumstances. 1973. the child has no choice.

court schedules taking of oath of allegiance REVOCABLE . property of not less than 5k 5. NATURALIZATION BY A STATELESS INDIVIDUAL How about if one is a stateless individual? Can he apply for naturalization? The law is silent regarding on that. NATURALIZATION BY A FOREIGNER Naturalization by a foreigner by a foreigner is not a matter of right. JUDICIAL NATURALIZATION Insofar as judicial process. wait for 1 year as SolGen investigates whether you have all the qualification 4. then you have to apply for naturalization. And the law is very strict. ART 4 SEC 1 PAR 4 [4] Those who are naturalized in accordance with law. You go back to the definition of the natural born citizens in the 1987 Constitution. COMMONWEALTH ACT 473 This is the original provision on naturalization. thus they ask for the disqualification of Limkaichong. the children are not considered Filipino citizen. 1973. If you are a foreigner and you want to become a Filipino citizen. COMELEC dismissed the petition and SC reviewed by SC and SC said that only the government or the SolGen can question thevalidity of the naturalization proceedings. of good moral character 3. that only the SolGen or the government can question the validity of a naturalization proceedings in a DIRECT ACTION and not in a collateral proceedings such as a petition for disqualification of a candidate in an election case Case: Limkaichong vs Comelec There was a question on the qualification of the candidate because Limkaichong who is now a congresswoman was the child of a former Chinese citizen who applied for naturalization. for as long as perhaps you do not have all the qualification but you do not suffer any disqualification. Naturally.CONSTITUTIONAL LAW Kwin CITIZENS BY ELECTION ARE ATURAL BORN CITIZENS Even those who elected Filipino citizens are now considered as NATURAL BORN CITIZENS under the 1987 Constitution. QUALIFICATIONS 1. an act of grace granted by a sovereign state to a foreigner. you may apply for naturalization which could either be judicial or administrative or by legislation. file intent with the OSG 3. suffering from incurable and contagious disease 3. able to read and write English and any of the Philippine dialects DISQUALIFICATIONS 1. the father’s naturalization is invalid and therefore the father never became a Filipino citizen.com . waiting period of 2 years 10. file a petition with RTC 6. Anytime it will be subject to revocation upon motion by the SolGEn. RECENT RULING OF QUALIFICATIONS AND DISQUALIFICATIONS Now. it is very tedious. RTC to acquire jurisdiction will order the publication of the petition in a newspaper of general circulation and the official gazette 7. for as long as he has all the qualifications and none of the disqualifications. issuance of certification by SolGen that you are qualified 5. make a declaration of intent to become a Filipino citizen 2. 21 years of age 2. You follow a particular procedure: 1. So regardless whether he has elected Filipino citizenship either before or after Jan 17. it s a privilege.docudesk. children of school ages must be in public schools 6. And in connection therewith.DEMO :: http://www. there are certain qualifications that an applicant foreigner must possess and must also avoid suffering any of the disqualifications provided by the law. in the case of Limkaichong vs Comelec. believer in the use of violence in asserting your principles Kwin transcripts Page 13 PDF Created with deskPDF TS PDF Writer . You have to have all the qualifications and none of the disqualifications. Therefore it is discretionary upon the state WON to confer Filipino citizenship to a foreigner. it includes those who elected Philippine citizenship. believer in bigamy or polygamy 2. According to the petitioner. judgment and grant of petition 9. QUESTION ON VALIDITY OF NATURAZATION PROCEEDINGS If there is any question on the validity of the naturalization proceedings.JUDGEMENT ON NATURALIZATION TN the judgment in the naturalization case will never become final. resident of the Philippines continuously for 10 years 4. hearing and reception of evidence 8. the child is definitely a natural born Filipino citizen.

the mother became a Filipino citizen. he was disqualified supposedly to sit as justice of SC for lack of the requisite citizenship of a natural born. He was born to a father who is naturalized and a Filipina mother. e has to apply for naturalization a. That requires judicial change or declaration. he is only Filipino during minority. But the birth certificate of Ong says that he is a Filipino citizen by virtue of derivative citizenship. Somebody asked for an injunction not to issue the appointment considering that there was a question on his appointment. For you to claim that you re natural born. b. The constitution requires that in order for one to become a natural born citizen. Ultimately there was a decision of SC declaring him as natural born after his birth certificate has been corrected.com . Kwin transcripts Page 14 PDF Created with deskPDF TS PDF Writer . There was a petition to DECLARE ALL JUDGMENTS RENDERED VOID because at the time he rendered the judgment. the child who was then a minor cannot be natural born. And this was his basis in the application for judgeship and justiceship in SB where it requires natural born citizen. he was a Filipino citizen. -you go back to the definition. Eventually the father became a Filipino by naturalization.1. if you are to CHANGE your BIRTH CERTIFICATE.CONSTITUTIONAL LAW Kwin CONSEQUENCES OF THE GRANT OF NATURALIZATION TO A FOREIGNER 1. When this was questioned in the application for justiceship in SC. The mother was a daughter of his grandfather who is naturalized. he has to be a natural born citizen. if he is already of age. those who are born after the father becomes a Filipino by naturalization. then the children are Filipino citizens Declaration of an administrative body or a certification does not change a judicial judgment -Case: Kilos Bayan vs Ong This is the appointment of Ong as Justice of SC where these was a question on his citizenship. consider whether he is a minor or of age at the time a. Because the father at the time of birth is a Filipino citizen. The mother got married to a Chinese who at the time was still applying for naturalization. and by derivative citizenship. When he took the bar exam. if he wants to. SC looked into the matter.docudesk. SC said that it is VALID having been rendered by a DE FACTO OFFICER.DEMO :: http://www. a certification of DOJ through the bureau of immigration declaring him as a natural born citizen. those who are already born at the time of the approval of naturalization of the father. he is given the choice either to remain a Filipino citizen or revert back to original citizenship of the father -those who have become Filipino citizen by derivative citizenship. he is outside the Philippines. they are considered NATURALIZED Filipino CITIZENS. those who are citizens from birth. if at the time of the approval. there was a question on his citizenship because his family name is foreign sounding. he by DERIVATIVE CITIZENSHIP becomes a Filipino citizen a. Ong was banking on the fact that the mother was a Filipina and that she never lost her citizenship upon marries and at the time of his birth. they are citizens -they are considered NATURAL BORN. he does not become a Filipino citizen. SC declared that a declaration of an administrative body or a certification does not change a judicial judgment that states the father was naturalized citizen and therefore by derivative citizenship.3. During the 1935 Constitution. Upon reaching the age of majority. the husband was still a Chinese citizen. you cannot do that by a certification of an administrative body like the Bureau of Immigration. originally Chinese married to a Filipina. the mother automatically lost her citizenship. The mother at the time was still a minor. wife may become a Filipino citizen through ADMINISTRATIVE NATURALIZATION -there is no acquisition of Filipino citizenship by marriage -by asking for the cancellation of ACR and by proving that she suffers none of the disqualifications provided by law -it is not automatic 3. SC said. foreigner becomes a citizen of the Philippines 2. The appointment was in good faith on the assumption that he was qualified. Grandfather became naturalized. He was a Sandigan Bayan Justice. In fact Ong was asking why now look at the application when there was never a question on his application when was not questioned in the qualification for SB. SC said that it is a CONSTITUTIONAL ISSUE OF SIGNIFICANT MATTER considering that it goes into the qualifications of an SC justice required by the constitution. At the time of marriage.2. as to children: a. A declaration made. you have to go to court and make necessary changes in your birth certificate and not by simply a declaration of an administrative body. if he is a minor.

It could be like: a. Effect on registration in Bureau of Immigration as a foreigner A registration in the Bureau of Immigration that you are a foreigner is not considered as an express renunciation of foreign citizenship. naturally premised on the judgment being void. -Case: Aznar vs Comelec and Banez vs Comelec -Case: Osmena When he ran as governor. from birth by blood relationship/ jus sanguinis 2.CONSTITUTIONAL LAW Kwin REVOCATIONOF NATURALIZATION PROCEEDINGS Another point you should TN in naturalization is the revocation. the mere carrying of a foreign passport is not considered as express renunciation of foreign citizenship. taking an oath of allegiance to support the constitution of the foreign country Effect on carrying of foreign passport In relation to this. (ex. convicted of crime involving for moral turpitude). It is a mere assertion of foreign citizenship but not conclusive as to having renounced his Philippine citizenship. But not express renunciation. they have deemed to have renounced their foreign citizenship. unless there is proof that he has expressly renounced his foreign citizenship.docudesk. serving the armed forces of a foreign country Except where we have signed a mutual defense agreement. there was a question on the citizenship because in the Bureau of Immigration. He voluntarily and expressly renounced his Philippine citizenship to become an Australian citizen. it will not prejudice those who derived their citizenship from their father. MODES OF ACQUIRING CITIZENSHIP 1. Kwin transcripts Page 15 PDF Created with deskPDF TS PDF Writer . It is only an ASSERTION OF A FOREIGN CITIZENSHIP.DEMO :: http://www. Unless by their act or omission. then the case will have to be dismissed as the case has become MOOT AND ACADEMIC.com . res judicata principle does not apply. If revoked. So even after the death of the grantee. expatriation Expatriation has to be done expressly. then it shall CONTINUE because of the citizenship that has been also extended to his minor children and to the wife. like applying for naturalization of US. taking an oath of allegiance to support and defend the foreign government in applying for naturalization b. If the ground for revocation is that the grantee has VIOLATED THE CONDITIONS OF NATURALIZATION or he LOST HIS QUALIFICATIONS THEREAFTER. MODES OF LOSING CITIZENSHIP According to the modes provided for by law: 1. It is never final and executory. The minor children and the wife will have some basis to apply for naturalization before they can become Filipinos. Because when citizenship is granted. By that act. applying for a foreign citizenship/ naturalization of foreign citizenship Case: Labo vs Comelec Faith healer who got married to an Australian citizen and thereafter applied for naturalization in Australia. 2. That is not considered loss of citizenship by expatriation. then there has never been any citizenship enjoyed or can be transferred by the grantee. the action for revocation on the decree of naturalization may still posper b. he becomes a Filipino. 3. he declared himself as a US citizen as well. he is deemed to have lost his Philippine citizenship. If the applicant grantee dies. It is not just a mere declaration. If the ground for revocation is that the JUDGMENT IS VOID on the ground that he has disqualified. EFFECT ON DEATH OF GRANTEE PENDING QUESTION ON VALIDITY OF NATURALIZATION What if the grantee of the citizenship has died already when there is the revocation of the naturalization? Is it deemed mooted upon the death of the grantee? That depends on the grounds of the revocation: a. naturalization You cannot acquire Filipino citizenship either by marriage or by naturalization.

A. repatriation 1.CONSTITUTIONAL LAW Kwin 4. Other grounds for RA 8171 are for reasons of economic and political necessity. RA 9225 If you have lost you citizenship because you are married to a foreigner and you want to reacquire your citizenship. RA 725 c. you are qualified. you can reacquire it by RA 8171. furnish copy to the Bureau of Immigration through Special Committee on Naturalization REQUIRMENT OF REGISTRATION IN CIVIL REGISTRY It is not enough that you take your oath of allegiance. REQUIREMENTS 1. and other qualification but never on citizenship.DEMO :: http://www. register oath of allegiance with the civil registry where you last resided or presently residing at 4. the effectivity of MODES OF REACQUIRING CITIZENSHIP AND REQUIREMENTS 1. in effect.for those who have lost and want to reacquire 2. JUDICIAL NATURALIZATION Judicial. Case: Frivaldo vs Comelec He was disqualified. there are several laws on repatriation: a. The law only requires age. naturalization 2. he has renounced his US citizenship. you can reacquire it by RA 8171. administrative c. Commonwealth Act 473 . Which means that for as long as he complied with all the requirements for someone to run for an elective office. he completed his requirements and it was approved. NATURALIZATION Naturalization could be: a.com . you are a Filipino citizen.Original application for naturalization by a foreigner 2. take oath of allegiance 3. While the approval was only on May. then he is considered qualified for the position. Commonwealth Act 63 . judicial b.A. residency.docudesk. by marriage of Filipina to a foreigner. convicted by final judgment Especially during war time. because after all. RA 8171 b. CITIZENSHIP REQUIREMENT IS ONLY ON ASSUMPTION OF OFFICE The statute does not require that you have to be a citizen on the day of election or on the day of appointment. He insisted that the moment he filed a certificate of candidacy where he took his allegiance and made a declaration that he is a Filipino citizen. before he assumed office. RA 8171 If you have lost your citizenship because you have served the allied forces during WW2. REPATRIATION For purposes of reacquisition of Philippine citizenship. For as long as upon assumption of office. But he failed however to register that he is a Filipino citizen in the nearest civil registry where he was residing which is required under 8171. In Mar 2004. apply for repatriation with the Bureau of Immigration in their Special Committee on Naturalization 2. RETROACTIVE FROM TIME OF FILING OF PETITION You reacquire your citizenship from the time he filed his petition for repatriation. he filed his certificate of candidacy. It was only on the date of election when he completed his papers and registered his oath of allegiance to he civil registry. deserter of the Armed Forces. Assumption of office is on the 30th day of June. you have 1. the effectivity retroacts from the filing of the petition in 1997. 5. Is he qualified to assume office? Yes. 2. 725 or other laws on repatriation. It has to be registered. Case: He filed his petition for repatriation in 1997. Kwin transcripts Page 16 PDF Created with deskPDF TS PDF Writer . and by their actor omission they are deemed to have renounced her citizenship But GR Filipinas marrying foreigners remain Filipinos. through act of congress 1.

com . Who can apply? Any former natural born citizen who lost their Philippine citizenship. When he ran as a vice mayor of Makati. pay the necessary fees 3. he was refused by the consular office saying that he has not complied with the requirement of residency (6 months in place to vote. 2.DEMO :: http://www. All that you need to do is to: 1. take an oath of allegiance 2. does he lose his foreign citizenship? The law is silent on that. Notwithstanding his application for naturalization in foreign country. you are a Filipino citizen.CONSTITUTIONAL LAW Kwin repatriation and the reacquisition of citizenship shall be reckoned from the filing of the petition. he is a foreign citizen. 2. But impliedly only. if he reacquires Filipino citizenship. he reacquires his original status as a NATURAL BORN CITIZEN. By the opinion of SC. application for naturalization in a foreign country Another way of becoming a dual citizen is one who is now Filipino citizen but applied for naturalization in a foreign country. 5. SC declared. But whether he is still recognized as a citizen of that foreign country. When he wanted to vote.docudesk. you become again a natural born citizen. CONSEQUENCES 1. 2003. They are treated like OFW’s and as such they are expected to establish a residence here in the Philippines.C. because both parents are Filipinos. as far as Philippine government is concerned. As explained earlier. After all. by principle of Jus soli. may practice profession ADDITIONAL QUALIFICATIONS FOR RUNNING IN PUBLIC OFFICE 1. 1 year in the Philippines) The issue is whether they can vote under 9189 as specifically authorized under 9225. 1. expressly renounce all foreign citizenships (in writing) This requirement does not apply for those who are considered as dual citizens because or birth. STATUS Upon repatriation. he is now a Philippine citizen. As far as the Philippines is concerned. what is important on residency is that you have the intention to return to the country after you have declared the specific residence in the Philippines. the carrying of passport is not a conclusive proof of renunciation. TN this takes effect only on August 29. There is no specific grounds on the loss of citizenship. he becomes a Filipino citizen and a citizen of the country where he was naturalized as such. Only those involuntary acquisition of foreign citizenships such as because of the application of jus soli. They can vote but within a period of 3 years. NON APPLICATION TO DUAL CITIZENS NOT BY 9225 -Case: Mercado vs Manzano -Case: Valles vs Comelec Manzano had dual citizenship because he was born in America. HOW TO APPLY FOR 9225 – NOT RUN FOR OFFICE That is not a problem at all if you do not run for public office. it says that he has impliedly renounced his citizenship. there was a question on ownership because he was carrying at the same time a US passport. that is not a concern of the Philippine government. 2. take oath of allegiance as required by law 2. wife has to prove that she suffers none of the disqualification 4. grantee may vote under RA 9189. RA 9225 – DUAL PHILIPPINE CITIZENSHIP ACT This took effect on August 29. The Philippines doesn’t care if he applied for a foreign citizenship in another country. may run for public office 6. This principle will apply only to Filipinos who became dual citizens not by virtue of RA 9225. he retains his Filipino citizenship. even if he continues to reside in the foreign country where he is also a citizen -Case: Lewis vs Comelec Lewis became a citizen by virtue of RA 9225. loss by political and economic necessity For one who have lost it already for reasons of political and economic necessity. WAYS ON BECOMING A DUAL CITIZEN There are two ways on becoming a dual citizen. HE IS CONSIDERED TO HAVE ELECTED PHILIPPINE CITIZENSHIP AS HIS SOLE CITIZENSHIP AND RENOUNCED ALL OTHER FOREIGN CITIZENSHIP. 2010. So as a result of which. sign the form Kwin transcripts Page 17 PDF Created with deskPDF TS PDF Writer . THE MOMENT HE FILED THE CERTIFICATE OF CANDIDACY. minor children by derivative citizens also become natural born citizens -legitimate or illegitimate or adopted -not married -under 18 years old 3. It is possible that he may not automatically lose his foreign citizenship. he is also considered a Filipino citizen.

ADMINISTRATIVE NATURALIZATION RA 9139 This is with reference to foreigners who were born in the Philippines. EXCEPTION. ADDITIONAL QUALIFICATIONS FOR PRACTICE OF PROFESSION (LAW) -Case: Dacanay Dec 17. He said. The etwin requirement does not apply.B. leave of Sc (permission) 2. 2008 -Hapson vs Comelec. Being a dual citizenship is not a result of 9225 but a result of an involuntary acquisition because of the circumstances of his birth. 2007 Dual citizens may practice law in the Philippines by 1.DEMO :: http://www. this is an exception to the principle that the mere carrying of a passport is not a conclusive proof of renunciation of Philippine citizenship. They have the choice to apply for judicial or administrative naturalization subject to the prescribed qualifications or disqualification provided by law. 2007 SC said that if the legislature has not defined it. continued to carry his Portuguese passport and declared himself as a Portuguese citizen. compliance of requirements to restore the good standing as members of Philippine bar a. this law was passed for them to have the option either to: 1. So there is no question as to the constitutionality of RA 9225. but in this case. express renunciation of foreign citizenship before any public officer authorized to administer an oath Kwin transcripts Page 18 PDF Created with deskPDF TS PDF Writer . 2009 2 requisites to run for public office: 1. his citizenship was questioned. -Lopez vs Comelec.docudesk. In order to give them some form of amnesty. apply for naturalization by judicial process Under this provision. compliance of MCLE 2. they cannot avail of the privilege of Philippine citizenship through derivative citizenship. it was considered an exception where he is considered to have renounced his Philippine citizenship. was enjoying dual citizenship because he was born in US of Filipino parents. When he ran for election. to qualify. 2009 Tambunting. it grants Philippine citizenship by administrative proceedings to aliens born and residing in the Philippines.com . 2009 -Roselier de Guzman vs Comelec Jun 19. EFFECT OF REPATRIATION ON NON MINOR CHILDREN -Case: Tabasa If the kids are already of age. He was right. Case: Kalilong vs Datumanong May 11. payment of annual dues b. July 23. Until now. there is no definition on what would constitute dual allegiance. he had renounced his foreign citizenship. apply for naturalization by administrative process 2. for him to run for public office. an owner of pawnshops in Mali. So he need not comply with the requirement of express renunciation of foreign citizenship. OTHER CASES -Coroboro vs Comelec Feb 19. DUAL ALLEGIANCE What is prohibited under the constitution for it is INIMICAL TO PUBLIC INTEREST is dual allegiance.CONSTITUTIONAL LAW Kwin -Case: Lopez vs Comelec If he became a dual citizen because of his reacquiring Philippine citizenship by virtue of 9225. by the mere filing of his certificate of candidacy. taking of oath of allegiance 2.WHEN CARRYING OF FOREIGN PASSPOSRT IS CONSIDERED RENUNCIATION OF PHILPPINE CITIZENSHIP -Case: Yu He became a naturalized Filipino citizen and notwithstanding. Jan 18. Definitely. he has to expressly renounce his foreign citizenship. RA 9225 does not constitute dual allegiance but mere dual citizenship. it is not for the Court to make a definition on what would constitute dual allegiance. (especially smuggled Chinese)… Accepting the reality that eventually some children of these foreign smuggled persons into the country had children born into the Philippines without clear status as to their citizenship. not dual citizenship.

even if you are just renting. As a privilege. She is not a resident of Leyte for 10 months but a resident in the place since birth. holding a green card. So it will be inconsistent to be occupying a public office and at the same tie. That can be a ground for the dismissal of office. DOMICILE OF CHOICE . The green card status in the US is a renunciation of one’s status as a resident in the Philippines. you can only have one domicile. We are following the principle of ANIMUS REVERTENDI. you are considered a resident of that place.docudesk. having an immigrant status. intention to abandon the original residence 2. at least 18 at the time of election when you cast your vote 2. as provided by law 1. there is intention to reside in the place. A disqualification case was filed because of the requirement that at least she must has resided for at least 1 year in the district where she is to run for congress. resident of the Philippines for one year AND 6 month sin the place where you propose to vote RESIDENCE/DOMOCILE REQUIRIEMENT RESIDENCE FROM POV OF POLITICAL LAW -it is synonymous with domicile KINDS OF DOMICILE: a.REQUIRMENTS When you change you domicile to your domicile of choice. RIGHT OF SUFFRAGE Right of suffrage is both a right and a privilege of a citizen of a country. In fact in the certificate she placed that she resided in the place for 10 moths. that for as long as you have the intention to return to the place even if you are n9t actually living in the place. DOMICILE OF ORIGIN -where you are born/raised by parents b. Sc said that when the husband died and she decided to return in her place of birth. she reacquired her domicile of origin and she never lost it. QUALIFICATIONS There are certain qualifications however for you to enjoy this right.DEMO :: http://www. When se returned barely 1 year in Leyte. You are given only a green card if you are a permanent resident of the Philippines. acts must correspond to the intention to change residence -Case: Romualdez Marcos vs Comelec She ran as congresswoman in Leyte when she was known to be a resident of Manila because the husband was the president before they left for Hawaii. she filed her certificate of candidacy.com . TN of the requirements: 1.CONSTITUTIONAL LAW Kwin EFFECT OF IMMIGRANT STATUS ON AN APPOINTED PUBLIC OFFICER For the green card holder. what will be the effect on the appointment public official who assumed public office? Case: Oberacion vs Comelec SC said that a Filipino citizen’s acquisition of permanent residence abroad constitutes an abandonment of his domicile and residence of the Philippines. DOMICILE OF CHOICE -by work or by marriage PRINCIPLE OF ANIMUS REVERTENDI The principle is. Kwin transcripts Page 19 PDF Created with deskPDF TS PDF Writer . it is the right of the people to chose the representatives to run the government for them.

insane person JURISDICTION ON: PROMULGATION OF RULES RELATING TO ELECTION LAWS -Comelec (exclusively on quasi legislative function) PROMULGATING LAWS RELATING TO GOVERNING PROCEDURE -Congress RESIDENCE AND DOMICILE TN of these cases because insofar as in public office running and voting. So you cannot require that you have to have some properties or be able to read or right.docudesk. But on the right to vote. It is a judicial issue. are you allowed to vote? He is disqualified. Dual Citizens. JURISDICTION ON PORCEDURE FOR VOTING On the matter of providing for procedures on how a voter can vote. JURISDICTION PROMULGATION OF RULES ON MATTERS OF SECRECY OF CASTING VOTES Promulgation of rules on matters of election on secrecy of your casting of your ballots. who has that power to do? COMELEC DISQUALIFIED VOTERS If you are a permanent disabled voter who cannot prepare his own ballot. foreign absentee voters 1. ABSENTEE VOTING – RA 9189 1. SC declared that there was no effective transfer of residence because the records would show that he was still a registered voter of Conception Tarlac. Examples: military. He was disqualified upon petition of another candidate. AFTER BREAK JURISDICTION ON ISSUES RELATING ON THE RIGHT TO VOTE Who has jurisdiction relating to the right to vote? MTC. His acts do not correspond to his intention of changing his residence. SUBSTANTIAL QUALIFICATIONS PROVIDED BY THE CONSTITUTION CANNOT BE EXPANDED Substantial qualifications provided by the constitution cannot be expanded. and Absentee Voting. local absentee voters 2. He only has a condominium in Makati. COMELEC is only on the matter of registration. LOCAL ABSENTEE VOTERS Those because of their jobs. for purposes of enjoying the right of suffrage TN of the case of Lewis vs Comelec. Who are disqualified? 1. Only procedural requirements may be expanded by congress through laws. Who has jurisdiction to promulgate the rules? Congress. require them to vote in another place.CONSTITUTIONAL LAW Kwin -Case: Aquino vs Comelec Aquino ran as congressman in Makati after he transferred residence from Conception Tarlac after he has exhausted the three terms as congressman. you will be amending the constitution by ordinary legislation. deserter of armed forces 3. they are of the same n the POV of political law. teacher. Kwin transcripts Page 20 PDF Created with deskPDF TS PDF Writer . OFW. convicted by final judgment of a criminal case where the penalty is more than 1 year of imprisonment 2. RA 9189. although they are not residents of that place.DEMO :: http://www. EXCEPTION TO REQUIREMENT OF RESIDENCY ON EXERCISE OF RIGHT OF SUFFRAGE As an exception to the requirement of residence. If you do that.com . RA 9225. it is he court that determines any issue pertaining to the right to vote such as disqualification.

MANIFESTATIONS OF SOVEREIGNTY A. it is the uncontrollable power by which the state is governed. Kwin transcripts Page 21 PDF Created with deskPDF TS PDF Writer . that these heads of state are representing 2. supreme power to rule within and outside as manifested by: 1. enactment or passage of law where everybody and everything is subject to This is manifested by the state’s jurisdiction over persons and things found within its boundaries and even outside its territory KINDS OF JURISDICTION a. The moment you transfer. comprehensive -covers practically everything and every person within its boundaries and authority 9. Virtually. it is within the jurisdiction of the country whose flag is flown by the vessel. exclusive MANIFESTATIONS OF SOVEREIGNTY WITHIN THE STATE 1. as long as it doesn’t affect the peace and order or nation al security of our country. even if it is docked in our ports. the Philippines has no jurisdiction. ambassadors and consular officials -to a certain extent they are not subject to the laws of the countries where they are found -an EMBASSY is an extension of the country that it represents. not subject to any statute of limitations 7. -ENGLISH RULE – anything that happens in the vessel. extraterritorial jurisdiction A. 3. personal jurisdiction c.DEMO :: http://www.com . extraterritoriality principle b. indivisible -it cannot be shared because there is only one highest ruling OW it could mean the destroyment of sovereignty 2. territorial jurisdiction b. foreign vessels that docked in our ports -if foreign military vessel. things and persons in certain areas like embassies. we do not have jurisdiction even if they are in our waters because it is like as extension of the country it represents.anything that happens inside the vessel. The military personnel were not subject to the local laws c. for as long as it affects only the persona and crew in the vessel. imprescriptible 3. TERRITORIAL JURISDICTION All things and persons found within the state are subject to the laws of that state. enjoyment of independence or freedom from independent control of a state CHARACTERISTICS OF SOVEREIGNTY 1. persons exempt from the jurisdiction of the state 1. the state cannot be considered a s state. non transferable -it cannot be alienated.docudesk. However there are some exceptions to this. Only when it affects our security that the Philippines has jurisdiction. uncontrollable 5. SOVEREIGNTY SOVEREIGNTY is the highest ruling authority. the effects are the same. people’s obedience to the laws 2. the one who was exercising seizes to be sovereign and the transferee becomes the new sovereign 8. such as: a. Without which. it’s because we decide to have limit as provided in the constitution 6. we follow the principle of French and English principle -NATIONALITY PRINCIPLE goes by what flag is being flown by the vessel -FRENCH RULE . absolute -no body can question the exercise of the power and the laws passed by the sovereign 4.CONSTITUTIONAL LAW Kwin 4. heads of state -they are considered as extension of the personality of the state that is sovereign. where an agreement was entered into by two parties -like what we had in US Military Bases agreement. virtually no limitations -if there is any limitations. -if merchant vessels.

SC said it was governmental. Persons found in the embassy are subject to the laws of the country. Case: Del Rosario Vatican. this applies only to governmental acts. And that is what we call THE ROYAL PREROGATIVE OF DISHONESTY. Supposedly the property was donated to it so that they can build an office. they are supposed to be settled before our local courts. THEORIES ON IMMUNITY FROM SUITS OF FOREIGN STATES 1. relating to functions discharged which is governmental in nature. Because they are subject to our laws still. ABSOLUTE CLASSICAL THEORY Same reasoning. Instead. Are they suable? First of all you must understand that Vatican is a foreign state. As a foreign state. But in a restrictive sense. Kwin transcripts Page 22 PDF Created with deskPDF TS PDF Writer . specially those laws governing on status.com . they are subject to our protection still. they are not suable in our courts. it may still be suable if the acts subject of the suit are commercial. under the condition that the squatters in the area will be ejected. IMMUNITY OF FOREIGN STATES Foreign states are likewise immune from suits. EXTERRITORIAL JURISTDICTION This refers to the state’s jurisdiction over persons and things found outside the territory.CONSTITUTIONAL LAW Kwin B. they cannot be tried on cases filed in court. there cannot be any authority higher than that. they are subject to our laws because the Philippines is sovereign. absolute and classical theory 2. as far as the Philippine laws are concerned. C. can it be sued in our courts? That depends on in what capacity was the contract of sale entered into by the Vatican. PERSONAL JURISDICTION This refers to the citizens of the country that even if they are found outside the country. So even if your claim against the state is valid. But the owner failed to do that. It is synonymous to immunity from suit. like our state are immune from suits. nothing to do with the performance of a governmental function. restrictive theory 1.docudesk. IOW an act of a sovereign state. Example. governmental or commercial. Philippine embassy in the US is subject to Philippine laws. Precisely not cannot be sued.DEMO :: http://www. The state is immune from suit and therefore he cannot be subjected to local laws. Therefore. so they are being sued. that can easily be defeated by the state’s invocation of immunity from suit because the state is sovereign. it was sold to someone else. When it comes to conflicts with certain persons or entities in the country where ordinarily under certain circumstances. Thus it cannot be subjected to the control and supervision of the courts. you are still married. However. applying our laws. So even if you contract divorce abroad. IMMUNITY OF STATE FROM SUIT Because the state is sovereign. But because foreign state. Case: Carlo vs COA The principle why the state cannot be sued is because there cannot be any legal right as against the authority that makes the law on which that right to sue depends.

and therefore as a GR should not prosper is that. The State may not be sued without its consent. So you file for registration of title. INCORPORATED AGENCIES The INCORPORATED are the agencies of the government such as GOCC which are chartered by special laws or governed by charters or the corporation code which under the law. they have funds to satisfy the judgment. (Lim vs Republic) After 5 years. DOES THIS REQUIRE AN AFFIRMATIVE ACT such as appropriation of public funds in the event judgment is rendered in favor of the petitioner declaring him as the property owner? Would that mean disbursement of public funds? Would that mean loss of government property? Certainly it will not require appropriation by congress. UNINCORPORATED AGENCIES OF THE GOVERNMENT AGENCIES OF THE GOVERNMENT The agencies of the government may be classified as 1. will the case be dismissed because it is a suit against the state? Is it a suit against the state? You go to the test. B. they open themselves to countersuit. EXPROPRIATION OF PROPERTY There is an issue whether after expropriation the land can be recovered by the original owner if he is not paid of just compensation. the property never belonged to the government.docudesk. Can we recover as a general rule? NO. Because they have a separate and distinct personality.com . the owners of he land and the natural resources are the government. unincorporated government C. public officers and employees in the discharge of governmental functions A. they can sue. you can sue even if it is already registered in the name of the republic. REPUBLIC OF THE PHILIPPINES DETERMINITION IF IT IS A SUIT AGAINST A STATE The COMMON DENOMINATOR is even if you sue any of the three. Municipal corporations 2. REGISTRATION OF PROPERTY For example. Because ultimately. they are considered as juridical persons having a separate and distinct personality from the government of the Philippines allowing them to acquire properties and to sue and be sued in connection therewith. Would this result to loss of government property? NO. Incorporated 3.. You have an action for the recovery of expropriated property that was not paid with just compensation. Against whom will you apply this property for registration? Against the Republic of the Philippines. then that is considered a suit against the state and should not be allowed unless the state gives its consent. the action may not prosper because it is a suit against the state. in the end if judgment is rendered against any of those enumerated would mean appropriation or disbursement of public funds or loss of government property. Because of this principle of the immunity from suit. STATE THAT YOU CANNOT SUE But what is the state that you cannot sue? It is represented by the following: A. because the state is immune from suit. Because it would be unfair if they would call upon immunity from suit. you grant it and gave it to petitioner. if it does not require an act on the part of the government such that it would require appropriation of public funds or it will involve a loss of public property. Except when there is payment within 5 years after the finality of judgment. And if judgment is rendered against them. by the registration of cases of title over a parcel of land (Torren’s Title – all title should be registered OW it is presumed to be the property of government). Republic of the Philippines B. that is not considered a suit against the state. Unincorporated 2. In which case.CONSTITUTIONAL LAW Kwin IMMUNITY OF Philippines AS A STATE Insofar as the Philippine state is concerned. Kwin transcripts Page 23 PDF Created with deskPDF TS PDF Writer .All lands and resources belong to the state unless you can prove that these lands are alienable acquired by a private individual and therefore it does not belong to the government. Why? Because of the principle of REGALIAN DOCTRINE . the DENR or the Department of Lands. And as a consequence of allowing them to sue. it is immune from suit as it is provided under sec 3 art 16 of the constitution.DEMO :: http://www. Then that would mean loss of government property. independent from public funds which are earmarked for public purposes. IOW the determining factor in considering the suit as a suit against the state. Because you impleaded the Republic as party defendant or respondent of the case. So you implead it which may be represented by an incorporated agency of the Republic. SECTION 3. It would have been different if after finding out that it is owned by the state.. the Republic of the Philippines.

UNINCORPORATED AGENCIES UNINCORPORATED AGENCIES are those that do not have a separate and distinct personality from the government of the Republic of the Philippines. purely governmental b. when the PNP enters into a contract with a supplier of raincoats to be used by traffic enforcers. will they be suable? NO. is it suable or immune from suit. FUNCTIONS Incorporated agencies primarily are COMMERCIAL. unincorporated a. which is important to the assessment of taxes.com . Definitely that is governmental because hat would involve implementation of the law.DEMO :: http://www. Because this is purely commercial. In the event they cause damage. to be brought to the office to be assessed. it is like suing the Republic of the Philippines. So if you are to sue them.SUABLE Purely commercial for an unincorporated agency to be suable. business -suable. Example. PROPRIETARY FNCTIONS. if somebody’s ear was cut because of negligence. The cook urinated on the soup. It is a suit against the state. RULES 1. are they suable? No. then it is suable. It’s a business function. If it is primarily COMMERCIAL/business function. When they entered into a contract to repair the walls and piers used by armed forces. SC said it is suable. however incidental to the discharge of the governmental function. COMMERCIAL FUNCTION INCIDENTAL TO GOVERNMENTAL FUNCTION – NOT SUABLE If it is also engaged at the same time a commercial function or business. because this is a governmental contract. can the supplier sue the PNP? NO. state universities in their charters are allowed to sue and be sued and therefore cannot invoke immunity from suit. In case PNP does not pay for the raincoats. incorporated 2. FUNCTIONS You have to distinguish what was the function that was exercised by this unincorporated agency. Nothing to do with the governmental function. Even if it is not a business function. a. The customer sued the armed forces. because it is an unincorporated agency of the government. still by its own charter it is allowed to sue and be sued. Is that commercial or government? You go by the purpose. PURELY COMMERCIAL . But their engaged purely on business has nothing to do with the function of the armed forces. Law enforcement. no dstinction -not suable -suable Kwin transcripts Page 24 PDF Created with deskPDF TS PDF Writer . In the case of Bureau of Customs also engaged in arrastre business. If PNP engages in a barbershop. Because the arrastre business is merely incidental to the performance of a governmental function – taxation function/assessment of taxes. governmental b. If you sue the Republic it is not allowed because the republic enjoys immunity from suit. ministrant or proprietary function PURELY GOVERNMENTAL – NOT SUABLE It is not suable if the function is purely governmental. then you can sue the unincorporated agency. even if it is unincorporated. Is it suable? The US armed forces is an unincorporated agency of the government of US that is immune from suit.docudesk. is PNO suable? YES. It has to involve disbursement of public funds or loss of property in the event judgment is rendered against the unincorporated agency of the government.CONSTITUTIONAL LAW Kwin And that can be subjected to garnishment in an execution on the judgment. For example. If the government enters into a contract and engages into a business. but they did not pay. 1. Case: Camp John Hay It was owned them at the time by US armed forces.

you can ask for a writ of execution. PUBLIC OFFICERS AND EMPLOYEES IN THE DISCHARGE OF GOVERNMENTAL FUNCTIONS For as long as the public officers discharges the function within the scope of his authority. Under art 129 of NCC. So when one is sued because he is a public officer.CONSTITUTIONAL LAW Kwin 3. he is not suable except if he is a SPECIAL AGENT. Farmers were shot to death by police and military personnel. If there is an allegation of abuse of discretion. A SPECIAL AGENT is one who is designated a position foreign to his regular duties and responsibilities. Based on the findings of the Davide Commission. acts without authority 2. They engage in distribution of water and electricity. PROPRIETARY FUNCTION But if it proprietary function and you are suing the municipal corporation. gross negligence 5. -IMPLEMENTATION OF THE JUDGMENT AGAINST LGU But TN the proving of a claim against the LGU is one thing. the suit against him may not be dismissed. It is hybrid in a sense that they are engaged both in governmental and proprietary functions. not without an appropriation or an ordinance providing for an appropriation. ULTRAVIRES ACT 3.com . If he commits damage to someone that would constitute torts. there was gross negligence on the part that resulted to the massacre of these farmers. acted in malice and bad faith 4. PUBLIC OFFICER WITHIN AUTHORITY . the state has expressly given its consent to be sued for acts or omission that constitute torts of a special agent. can you ask for a writ of execution to garnish public funds of the LGU? NO. Kwin transcripts Page 25 PDF Created with deskPDF TS PDF Writer . MUNICIPAL COROPRATION This is a hybrid kind of corporation. EXCEPTIONS: WHEN PUBLIC OFFICER WITH AUTHORITY IS SUABLE 1. If sued in its purely proprietary capacity.docudesk. then you can sue the government with mandamus to compel it to pass the supplemental budget with the appropriation of funds in payment of the award in the judgment. But the LGC allows them to sue and be sued their own charter or chartered cities with some LGU’s. because the suit is premised on the exercise of a governmental function by a municipal corporation. that does not mean that there is a public officer that is immune from suit. The case against the Republic was dismissed but not with those responsible policemen and military men in their personal capacity. Implementing the judgment against the LGU is another thing. And therefore they are suable. even if it was in discharge of a governmental function. An act of a public officer is considered an act of state therefore he is immune from suit. If public funds. the LGU’s. C. Case: Sandoval vs Republic Those military personnel and policemen responsible in the shooting of the farmer at Mendiola. grave abuse of discretion These are not considered acts of the state and therefore it can be sued in his personal capacity. if it is governmental/sovereign function. -SUE BY MANDAMUS TO COMPEL PAYMENT If the LGU refuses to pay. the government has expressly given it s consent to be sued. So that if you are suing the LGU because it is allowed under the LGU and you won the case.EXEMPT OW for as long as it is within the scope of the public officer’s authority. he is not suable. as a GR it is not suable. he is considered as an agent. GOVERNMENTAL FUNCTION So therefore.DEMO :: http://www. you can garnish the funds of that corporation that the LGU may engage in.

Commonwealth act 327 as amended by PD 1445 c. COA will direct PNP to pay. if it causes injustice to the property owner. EXPRESS GIVING OF CONSENT – GENERAL LAW It can only be by general or special law. It may Kwin transcripts Page 26 PDF Created with deskPDF TS PDF Writer . there is a different procedure now to execute the judgment of the SC because now you have to get another consent. DPWH is unincorporated and the director is a public officer.CONSTITUTIONAL LAW Kwin EXCEPTION TO EXCEPTION Case: Ministerio vs CFI The road in Gorordo was expropriated without appropriation for just compensation. That is an invalid waiver. It is only when it is denied by the COA. In the event it is denied by COA. she declared that the government was at fault on the massacre. you can go directly now to SC on certiorari. not by a contract nor consent of a lawyer nor declaration of the president. B. After the investigation.DEMO :: http://www. they sued the Republic for damages. EXCEPTIONS 1. TN that it has to be strictly construed against the waiver of immunity from suit. what can he pay it with. Art 2189 NCC e. On the basis of that declaration. The state has given its consent to be sued. IOW it was expropriated without provision on the payment of just compensation. Case: Sandoval President Aquino created a committee to do an investigation. Example of GENERAL LAWS. Now you can sue PNP and COA to SC on certiorari. waiver can only be done by a statute. the state has given its consent. a. when it is filed in a complaint. it has be done through a statute or law passed by congress. Definitely this is dismissable because the act of the director is not the act of DPWH. It can only be through a legislation either through a SPECIAL LAW or a GENERA LAW. whether to grant or deny your claim for money. In the event judgment is rendered. First you have to file your claim with the COA. This is an exception. IOW there is a specific procedure provided under the law before you can sue the state on money claims. unreasonable or contrary to law. There’s a requirement under PD 1445 that supplier must go to COA.com . SC allowed the owners of the property the DPWH. that is not a valid waiver of immunity. when you can bring up the matter to the SC on certiorari and thereby suing the government agency concerned including the COA. COMMONWEALTH ACT 327 AS AMENDED BY PD 1445 All money claims against the state either arising from contracts or OW must first be filed with the Commission on Audit. giving of consent When the state give its consent whether expressly or impliedly then the you may now prove your claim. only be through a statute. Act 3083 b. ALLEGATION IN THE COMPLAINT In fact. ACT 3083 Act 3083 refers to all claims/civil liability arising from contracts.docudesk. and sue the state. Because it was made without authority. If the claim is justified. Like in the case of PNP not paying the supplier. supplier should not immediately sue PNP. he may be allowed to establish and prove his claim against him. It can only be through a law. COA will deny your claim. Law creating the Department of Agriculture A. Under that law. Art 2180 NCC d. Because if the owner of the property will only be allowed to sue the director in his personal capacity. it has to be alleged in the complaint. The property owner then sued DPWH and the director. the court would presume that the state is not giving its consent to be sued and that can be dismissed for lack of jurisdiction because simply the state enjoys immunity from suit. It was taken and used by the public. Here they said there was a waiver of immunity from suit by the state’s own declaration that it was somehow at fault on the killing of the farmers. If it has to be EXPRESS CONSENT. Even if it is stipulated in the contract that in the event some conditions are violated by the government. the owner of the property is allowed to sue the republic or its implementing agency. If COA finds it excessive. This was the exception where the SC said. the other party shall have recourse against the government. The expropriation cases where the issue is non payment of just compensation. Case: In another case where it was a government lawyer who was saying that any violation of the contract may be sued in the courts. COA has a period of 60 days to act on it. The moved for the dismissal of the case on the ground invoking the immunity from suit. It cannot be compromised. it was an ultra vires act. Was there a valid waiver of immunity by that declaration? SC said no.

which is a government entity. Kwin transcripts Page 27 PDF Created with deskPDF TS PDF Writer . to recover the allege ill gotten wealth. it still enjoys immunity from suit. At first it was dismissed because it is immune from suit. that is not considered a waiver of immunity from suit and therefore still it cannot be sued in a counterclaim. then even if it was initiated or started by the government. Case: PCGG PCGG was suing individuals and corporations for ill gotten wealth. D. Example. The law creating the DA. the state has specially given its consent to be sued. because the intervention or litigation commenced by the government against the bank is not for the purpose of seeking affirmative relief but to resist a claim against it. So it is suable. The private individual was not able to pay the bank. it has gone down to the level of a mere ordinary individual and as such. Case: Pal Oriental There was the dispute of ownership on a vessel that was used as a collateral on a loan by a private individual to a bank. Because the state has expressly given its consent under this law. The Philippine information agency to raise revenues engaging in promoting activities like PBA games or beauty contest. In the event the court says the real owner is the debtor and not the government. Therefore it is suable. The government intervened as a plaintiff against the bank to stop the foreclosure claiming that the vessel belongs to the government and not the individual who mortgaged it.docudesk. when the government engages in purely business transaction It has to be purely business. it engaged in purely business transaction. While it is unincorporated. C. can the bank sue the government because there is no more vessel to foreclose because it was destroyed when 100 years passed because of the intervention of the government? No. allows it to sue and be sued. Later it was declared to SC that they belong indeed to the owners of the corporation and not the Marcoses. ART 2189 NCC 2189 on torts. By initiating the complaint. TN the one responsible to its maintenance and repairs… and somebody is inured because of the non maintenance or improper. they filed a counter claim for damages. To do that they have to promote it and contract the services of broadcasting co0mpanies. Can they be sued? YES. But it is suable because the claim initiated by PCGG was to seek for affirmative relief. They thought that the shares of stocks actually are owned by the Marcoses and the registered owners are mere dummies. IMPLIED GIVING OF CONSENT 3 instances: a. They did not pay.DEMO :: http://www. even if it is unincorporated. The vessel was foreclosed as a bank. ART 2180 NCC 2180 is about special agents. Even if it is unincorporated. 2. Because of the damages suffered by the corporation because of the case filed by PCGG. IOW he is considered to have waived his immunity from suit. he is open to counterclaim. If it is incidental only to the governmental function. when the government initiates the filing of a complaint against a private individual asking for affirmative relief AFFIRMATIVE RELIEF The purpose of the compliant should be for an affirmative relief. He went to congress and he was granted the right to sue the hospital with a special law. Because if the purpose of filing a complaint is to resist the claim against the state. they are asking for redress.CONSTITUTIONAL LAW Kwin E.com . PCGG is an unincorporated agency. you can sue the LGU concerned. maintained by a municipal corporation by an LGU. LAW CREATING THE DEPARTMENT OF AGRICULTURE There is another law like creating the Department of Agriculture. EXPRESS GIVING OF CONSENT – SPECIAL LAW A special law is a law passed by congress specifically allowing the particular individual to sue the state. any damage injury or death caused by the roads. bridges. PROTECTION OF INTEREST AND RESIST A CLAIM AGAINST IT But not in the case here the state initiated the complaint because to has to protect its interest and resist a claim against it. Case: Government vs Meruit He was riding on his motorcycle bumped by the Veteran’s Hospital ambulance.

Example. there is an appropriated amount. you sue the LGU for mandamus to compel the passage of a supplemental budget. if it is a claim against the national government. If you are contracting the purchase of computers for the Comelec. there is the presumption of solvency on the part of the government. 1m is appropriated for the widening of the road. The case of Camp John Hay is purely commercial. then the office of the president includes that in the budget to be submitted to the congress and congress will appropriate the corresponding amount. can you ask for writ of execution and garnish its funds in the bank? Yes. You cannot make attachments on government properties to satisfy the judgment. INTERPLEADER When one is compelled to be a litigant in a case. COA will submit it to the office of the president. then you have to provide the LGU a copy of the judgment that has become final. TN you can ask for the payment but only up to the extent of the appropriated amount. Is that covered by the immunity from suits? YES.com . You cannot ask for a writ of execution. The judgment has become final and executory. But only up to the extent of 1m. You ask for the payment. The rule is. The government cannot be compelled to litigate and be an interpleader. those that are allowed because the state has given its consent to be sued. before you can sue the Comelec. it is not automatic that the state be liable for whatever judgment is rendered against it. Can you ask for a writ of execution to garnish the amount of just compensation awarded by the court? Yes. when it enters into purely commercial contracts It has to be purely commercial. If you allow the garnishment of public funds. The courts awarded up to 5m. But inasmuch as it is the court that will ultimaterly decide just compensation. it was upon the order in the court. you prove that the judgment is final and you are entitled to the judgment. the 4m.DEMO :: http://www. IOW for suits against the state. So you need another consent of the state to answer for the liability that is adjudged by the courts. to prove a claim against the state. AGAINST LOCAL GOVERNMENT If it is a case against the local governments. If it is a LGU. AGAINST INCORPORATED AGENCIES OF THE GOVERNMENT But for incorporated agencies of the government. And if it does not make payment. Remember that before expropriation. Even if allowed. that would prejudice public service because you would be depriving or denying certain purposes for which these funds are appropriated. is the Comelec suable? You file a money claim with the COA. can you ask for a writ of execution? NO. you have to submit to the implementing agency which is submitted to the president for inclusion in the budget to be submitted to congress for the appropriation of funds. EXPROPRIATION CASES You can only ask for a writ of execution to implement and garnish up to the extent of funds appropriated. you can sue the LGU for mandamus to compel it and pass the supplemental budget. You need to ask for another consent because public funds are EARMARKED for certain public purposes. it will be only up to the rendition of judgment. should they refuse to cast a supplemental budget to pay the remaining amount of the just compensation awarded by the courts.docudesk. AGAINST NATIONAL GOVERNMENT Once you get the money claim. Aside from that. If there is a breach of contract. For example. it could be more than what is appropriated. you cannot garnish public funds. that is purely governmental because hat has something to do with election. Kwin transcripts Page 28 PDF Created with deskPDF TS PDF Writer .CONSTITUTIONAL LAW Kwin 3. EXECUTION OF JUDGMENT When judgment is rendered and it is against the state.

It is not abrogated because there is no change of sovereignty. GOVERNMENT OF PARAMOUNT FORCE JAPANESE OCCUPATION Take for instance the government that we had during the Japanese occupation while we were still under US. not the Commonwealth.CONSTITUTIONAL LAW Kwin June 11. DE JURE GOVERNMENT A de jure government is a government established by legal processes like a constitution ratified as basis for that government. The US was not overthrown by the Japanese military authority. they had to transfer the seat of the Commonwealth Government to Washington DC. It is understood that the government must be de jure. KINDS OF DE FACTO GOVERNMENT There are three kinds of de facto government: a. TN of the difference. all political laws were suspended. US or laws on treason. Or you have election of government officials to run that government. 1935 Constitution. If there is only one government managing the affairs of the state then there is no need to distinguish. It has the support of the majority of the people. 2011 Back to forms of government… ACCORDING TO LEGITIMACY 1. So in reality. Can it still be applied during the Japanese occupation? Remember that the constitution is political in nature. Between the two governments. Kwin transcripts Page 29 PDF Created with deskPDF TS PDF Writer . the Commonwealth and the one established by the Japanese military army. It exists not only in law but also in actuality. de facto government To differentiate de jure and de facto is relevant only if there is 2 governments at a time. when there was a transfer of sovereignty. so that the Commonwealth government exists only in law but cannot exercise the acts of sovereignty at the time because of the presence of Japanese military. government that is established after usurping the powers of a legitimate government and maintaining itself against that legitimate government A. The sovereignty of US over the territory was merely suspended because of the presence of the Japanese. POLITICAL LAWS Insofar as political laws are concerned. that government may only exist in law. DE FACTO GOVERNMENT A de facto government is one which is established by force. This is what we call belligerent occupancy or a government that was established by paramount force. not in reality because there’s another government controlling the affairs of the state. government that is established by the inhabitants of the country who rise in insurrection against a parent state c. TWO GOVERNMENTS But when there are two governments at the same time. de jure government 2. can they still be applied? Are people still bound to obey and consider that as the constitution during the Japanese occupation? Except for the allegiance to the territory.DEMO :: http://www. the one controlling the affairs of the country through Manila were the Japanese. As between Spain and US. repealed or abolished. which is the people. by usurping the powers of a legitimate government or by invading the territory after a war or defeating a particular authority and thereby thereafter establish a government. the prior has the consent of the rightful authority. but not in law because they did not have the consent of the rightful authority. EFFECTS OF BELLIGERENT OCCUPATION OR GOVERNMENT OF PARAMOUNT FORCE What is important here in political law is that you will know and understand the consequence of the establishment of the government of the Japanese. they exist only in fact. government of paramount force This is the government that we had during the Japanese occupation b. IOW here has never been a transfer of authority then from US to the Japanese.com . And because of the establishment of the government there. It was US who has the rightful authority of the Philippine territory on the basis of the Treaty of Paris. While the Japanese is controlling the country. What happens to the laws that was passed by the Commonwealth government? ex.docudesk. We had the Commonwealth Government that was established pursuant to the Tydings McDuffie Law. But you cannot deny the fact that the Japanese also established their government in Manila. And thus we now make a distinction between de jure and de facto. all political laws were automatically abrogated. That government has the consent of the rightful authority.

CONSTITUTIONAL LAW Kwin But not during Japanese occupancy. you take note of the requisites: 1. they too are abrogated. but ultimately. He stole the wires for the purpose of sabotaging the government of the Japanese.com . AQUINO ADMINISTRATION Then we have the legitimacy of the Aquino Administration after EDSA. It may have started as a revolutionary government. EFFECT OF REMOVAL OF BELLIGERENT OCCUPATION What happened after the belligerent occupant was removed and there was the resumption of the operation of the commonwealth government which later turned out to be the Third Republic of the Philippines? What happened to the laws that were passed by the Japanese sponsored government? POLITICAL LAWS Insofar as laws that are political in nature. There was a question WON Aquino’s administration was de jure or legitimate. and ultimately the recognition by the Family of Nations. NON POLITICAL/MUNICIPAL LAWS Non political/municipal laws or acts of government remain good and valid. It was not however recognized as such because it only lived for a month. And in fact this was ratified by the recognition of the Family of Nations that indeed the Aquino Government is a government that was with the consent of the Filipino people. was there still a Marcos Government that the Aquino government was maintaining against after the EDSA revolution? Apparently. Considering that insofar as 1973 Constitution was concerned. 2. It was not an ordinary robbery. DECISIONS OF THE COURT Meaning decisions of the court at the time that were made during the Japanese occupation that were non political are still recognized as good and valid. for the government to be considered de facto. they are automatically abrogated.DEMO :: http://www. it was the Marcos Administration that was legally declared as the de jure government. Except on laws relating to laws on allegiance and laws on treason. such as by ratification of the constitution that was used by the government and the election of government officials. Remember the establishment of the First Philippine Republic by Aguinaldo whose declaration of independence we will be celebrating this June 12 (1898). They were not able to get the recognition from the Family of Nations. particularly the congress. were tainted with political complexion. So apparently. POLITICAL LAWS WERE MERELY SUSPENDED. But if these decisions. violence or voice of majority. it must maintain itself against the legitimate government. which is a legal process and the subsequent election of the governmental officials. they were able to obtain the legitimacy be legal process. REQUISITES Here. he asked for a writ of habeas corpus on the ground that his conviction was politically tainted. B. Laws or acts of government tainted with political complexion are also abrogated.!!! MUNICIPAL LAWS Municipal laws continue unless they are repealed by the belligerent occupant. Case: He was convicted for robbery for stealing wires of communication. And this was formally recognized by the ratification of the 1987 Constitution. Kwin transcripts Page 30 PDF Created with deskPDF TS PDF Writer . So it was politically tainted.docudesk. And when there was a resumption of the government. taking over by one power over an existing government Either by force. there is no need to make a distinction. there was no Marcos administration anymore. GOVERNMENT THAT IS ESTABLISHED INHABITANTS OF THE COUNTRY WHO INSURRECTION AGAINST A PARENT STATE BY THE RISE IN FIRST PHILIPPINE REPUBLIC A good example of this is during the revolutionary period of the Spanish period.

unless there is a law implementing the provisions of art 2. there is no more distinction between constituent and ministrant. that is defined under sec 1 of the Revised Administrative Code as the corporate governmental entity through which functions of government are exercising as the country appear from the context throughout the country. so that a man can live a decent life as part of his promotion of and protection of human rights. Because without the government’s intervention. she became the next president. you cannot go to court and use these provisions as basis for judicial action. what is the mandate of the constitution to the government? That it must give those who have less in life. Kwin transcripts Page 31 PDF Created with deskPDF TS PDF Writer . So it is de jure.DEMO :: http://www. succession.com . It has nothing to do with transferring power from one government to another. including various arms through which political authority is made effective in the Philippines pertaining to: Autonomous regions Provinces Cities Municipalities Barangays Other forms of local government IOW when we say Government of the Republic of the Philippines. It cannot be a source of right neither can it be a source of obligations of the government.docudesk. IOW what used to be an optional functional government now has become a mandatory function of the government. This involves only one government and the change of administration by operation of law. they are not self executing. no one can live a decent life. PRINCIPLES UNDERLYING THE OPERATIONS OF GOVERNMENT ART 2 DECLARATION OF PRINCIPLES AND STATE POLICIES GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES But you already know what government we are referring to. But TN. NON SELF EXECUTORY This government is founded on the principles as declared in art 2. They are all mandatory functions of the government especially the concept of the PROMOTION OF SOCIAL JUSTICE. governmental or constituent function 2. Estrada having resigned. more in law. If there is any violation of the judicial provision. MANDATE OF THE CONSTITUTION TO THE GOVERNMENT Inasmuch as the government is mandated. FUNCTIONS OF THE GOVERNMENT Insofar as liability and suability. ministrant or proprietary function OBLIGATIONS OF THE GOVERNMENT Insofar as the obligation of the government is concerned. Therefore. we should know the difference between: 1. Case: Tanada vs Angara SC said you cannot use the provisions of art 2 as your legal basis to go to court for judicial relief. we refer to agency or instrumentality exercising governmental functions. Case: Estrada vs Disierto Sc said that there is no question of legitimacy because Arroyo only succeeded by operation of law. Arroyo became the legitimate president of the Republic. Therefore. you cannot implement these provisions unless there is a statute or legislation implementing the provisions of art2. In this case. on WON the government of Arroyo is de jure.CONSTITUTIONAL LAW Kwin ARROYO ADMINISTRATION Then there was the question on the Arroyo administration after the EDSA II.

The Philippines is a democratic and republican State. EX. non delegation of legislative powers 5. We started discussing on section 1. OW any encroachment of these inherent or implied powers or residual powers are considered violation of separation of powers. congress cannot interfere. But what if the person being summoned by congress will not appear. tyrannical or a dictatorial government. EX. observance of the separation of powers -corollary principle: principle checks and balances Judicial review 4. they inquire in aid of legislation. right of suffrage 6. Because the constitution says so. that cannot be interfered with by the two other branches of the government. Sovereignty resides in the people and all government authority emanates from them. rule on majority 3. So you have three branches. And that is a prerogative as well of the branch that cannot be interfered with by the 2 other branches of government. to make it effective. Like in the lowering of the bar rating. So you have to master the incidental powers granted to a particular branch in the exercise of the express powers because they too shall be exercised with the guaranty that they too should not be encroached or interfered upon by the two other branches. that power can only be exclusively exercised by congress. MAKING OF LAWS In the making of laws. accountability of public officers 7. That is express by the constitution.docudesk. how do you know that that the government is republican? You will know that it is republican because of the manifestations 1. Therefore. because it is inherent and necessary in the exercise of the express powers. ADMISSION TO THE BAR Admission to the bar. If you have mastered articles 6. EX. then there is always the question of violation of separation of powers. That too is express. the president cannot interfere in that function of SC. Kwin transcripts Page 32 PDF Created with deskPDF TS PDF Writer . a discretionary power of a branch. EX. autocratic. That’s plenary. HOW OBSERVED In a system of presidential form of government. Therefore. SC is assigned. How do you know that this is a prerogative of one branch or a discretionary power of one branch? Because the constitution expressly assigns the power to that particular branch. The moment that is interfered with.com .CONSTITUTIONAL LAW Kwin SEC 1 SECTION 1. government of law and not of men 3. and 8. how is this observed? For as long as the power is a prerogative. IMPLIED EXCLUSIVE POWERS Also you must TN. prohibition against the passage of irrepealable laws 8. there are powers that are not expressed but are understood by implication. existence of the bill of rights 2. the constitution says it is assigned to the president. Therefore as a general rule. then the system is not democratic but a monarchial. neither can SC. while there are different powers of each branch. plurality 9. not by the president. INTERPRETATION OF THE LAW In the interpretation of the law. 7. the constitution says it is assigned to congress. SEPARATION OF POWERS If the powers are concentrated only in one person. congress cannot legislate that because that function is exclusive to the SC. not even by SC. As an incidental function.DEMO :: http://www. EXECUTION OF THE LAW In the execution of the law like appointment of government officials to execute the law. MANIFESTATIONS OF A REPUBLICAN GOVERNMENT So we explain. -EXAMPLE: CONGRESS – CONTEMPT Congress’ main function is to make laws. you will know that these functions cannot be interfered with. This is not provided in the constitution but it is inherent in the express power granted in congress which is contempt powers. it is the SC.

DEMO :: http://www. the prosecution will be in the house of reps if there is an initiation of impeachment. Prosecution and hearing of the case. What is the controversy on the impeachment proceedings? Because the SC issued a TRO and now the house of reps are complaining that that is an encroachment to the exclusive prerogative that the constitution has expressly assigned to them. judicial power is defined as not only limited to settling disputes involving legally demandable and enforceable rights and as well as to determine whether there has been a grave abuse of discretion amounting to lack or in excess of jurisdiction. that cannot be interfered with or encroached upon by the other branches in the government. How do you know that it is a prerogative or a discretionary power of that branch? Because it is assigned to it expressly by the constitution as a GR. Kwin transcripts Page 33 PDF Created with deskPDF TS PDF Writer . Was there an encroachment vis a vis a judicial review by SC. But as you knew already. OW. there are certain powers although not granted by the constitution is inherent in the express power. 2011 EXPRESS POWERS For as long as the power is a prerogative of a particular branch.CONSTITUTIONAL LAW Kwin ON THE MATTER OF IMPEACHMENT What does the constitution say on impeachment? To whom is this vested? Initiation of impeachment proceedings. And that contempt powers as a general rule cannot be interfered with by the SC by issuing an injunction because that is a discretionary power of congress. But it is understood. house of reps. That is the more difficult part. So SC says that what they are doing is their job as assigned by the constitution that they are to review whether the discretion is abused amounting to lack of jurisdiction. EXAMPLE – CONGRESS – CONTEMPT Law making is an express grant of powers to congress. the constitution is very clear. But in that express grant of power. it is inherent in the power of legislative inquiry in relation to the law making power of congress that there should be some teeth to the exercise of powers OW it will be useless to summon witnesses to shed light on certain matters that would help them in legislation if they can easily refuse the summons being issued by congress. if you go beyond what is granted to you.docudesk. still that is considered as discretionary in the branch and therefore that cannot be interfered with by the other branches of government. But who is gonna hear the case? Exclusive of the senate. Remember. residual powers or powers that are implied in the grant of the express powers are those that you are not too familiar because they are jurisprudentially established by express provision of the constitution. there is no mention about contempt power that may be exercised by congress for contumacious witnesses who refuse to testify in relation to this legislative inquiry in aid of legislation. this must be exercised in accordance with the provisions of the constitution. it’s inherent in the express power granted by the constitution to congress. and in fact SC issued a TRO in the case of ombudsman? TN that while it is true that SC has provided an assignment for each branch.com . because of that express grant of the power. who will be saying that you have abused your authority? It is the courts. Because insofar as the express powers. And as a GR. Neither can the president interfere by granting pardon to those who are cited for contempt. June 13. it cannot be interfered with because of the principle of separation of powers. as an express assignment of the constitution to the courts. you have mastered that. IMPLIED POWERS Although. corollary to the mower to make laws is the power of legislative inquiry and that is expressly granted by the constitution to congress. Because that will be considered an encroachment of a prerogative of a particular branch and thereby violating the separation of powers. Except for the limitation that may be provided in the constitution for both procedural and substantive limitations. This is not an assertion of the superiority of the courts but the supremacy of the constitution as enunciated in the case of Angara vs Electoral Commission. In fact it is plenary. although not express. Inherent powers.

SC sustained that power of the president. neither by the court. the residual power or implied power necessary to the express power. The bill becomes a law regardless of the veto of the president. like the express powers. the constitution itself provides for the limitation or the checking of the power in order to balance the powers of the government and protect the people from any arbitrary control by any of the branches in the government. that can also be checked by congress itself by repassing the bill. TN of the powers of SC or other inferior courts in the exercise of judicial review. It is a residual power inherent in his being the chief executive. then the veto power is overridden. Because there are exceptions to this. he can always seek relief or redress from the courts and only then can the courts check these powers by judicial review. -EXAMPLE – LAW MAKING POWER (CONGRESS) What I have earlier pronounced that the law making power of congress is plenary. EXAMPLE – ENTRY TO COUNTRY (?) On the matter of who should be allowed to enter the country. they are exercised by the three branches without the encroachment or the interference of the other branches of the government. Because while it is true that the power is expressly assigned to a particular branch by the constitution. and should not be interfered with b ythe courts. that is also a residual power established by jurisprudence. actual case or controversy 2. question of constitutionality must be the lis mota of the case Kwin transcripts Page 34 PDF Created with deskPDF TS PDF Writer . EXAMPLE – PRESIDENT – DECLARATION OF STATE OF NATIONAL EMERGENCY You also have hat issue relating to the declaration of the state of national emergency. the court cannot moto proprio declare a law unconstitutional. And therefore it cannot be questioned by the congress.com . You cannot find that in any provision of the constitution. the president can always exercise his prerogative as expressly granted the constitution vetoing the bill. If the veto power of the president is likewise abused by the powers of the president. REQUISITES TO FILE A CASE TO DECLARE A LAW UNCONSTITUTIONAL: 1. But generally. the constitution provides for a limitation. Of it obtains 2/3 votes. Is there any provision in the constitution that the president can expressly exercise the power? NO. But it is not the mere filing of the case in court because there are other requisites that must be complied with in relation to the separation of powers. or consider the exercise of the prerogative as having been exercised with grave abuse of discretion amounting to lack or in excess of jurisdiction. Case: Marcos vs Manlapus It was considered an encroachment by the SC when it was reviewed. But this was implied in the case of Arroyo as the chief executive fostered by her being the commander in chief of the armed forces. raised at the earliest opportunity time 4. JUDICIAL REVIEW And in the event. if that bill is contrary to law. when the power is granted to the constitution or if the power is inherent in the express grant of powers. How is this checked by the constitution? No bill shall be passed unless it is signed by the president. So if the president finds it contrary to the constitution. If anyone is aggrieved by an unconstitutional law.DEMO :: http://www. Because of the separation of powers. however it was sighed by the signed by the president or overridden by 2/3 votes of all members. but the power by express provision of the constitution is being limited or checked by the constitution itself. PRINCIPLE OF CHECKS AND BALANCES Another point that you should TN on the separation of powers is on the checks and balances on the exercise of discretionary powers. Later it was explained why it was reviewed and there was a justification why the SC was not cited for violating of separation of powers.docudesk.CONSTITUTIONAL LAW Kwin EXAMPLE – PRESIDENT – DEPORT UNDESIRABLE ALIEN For example is the power of the president as the chief executive of this country to deport undesirable alien. Someone has to invoke the authority of the courts by filing a case in courts. raised by the proper party 3.

Here TN that the issue is not the interference into the impeachment proceedings prerogative to initiate on he part of the house of reps. in the event someone goes to court and questions the constitutionality of law. before the SC resolved on the merit. however you abuse it amounting to lack or in excess of jurisdiction.DEMO :: http://www. because of the provisions of art 8. the SC has abused the power of judicial review because they have interfered with the prerogative to initiate impeachment proceedings. That does not make the SC superior of the two other branches. TN of the role of SC. Because as I have said. And if it finds that indeed there is a grave abuse that while that is your discretionary power. Case: Marcos vs Manlapus There was a question on the discretionary power of the president to determine who should be allowed to the enter the country. (Angara vs Electoral Commission) amounting to lack or in excess of jurisdiction. This is an assertion of the supremacy of the constitution. questioning the validity in the exercise of the prerogative. through this judicial review power of the courts. OW that would be an encroachment of the prerogatives of the two other branches of the government. Naturally the SC has to look into that because it was alleged. It’s more on checking the powers in order to balance the 3 branches’ powers and protect the people from any arbitrary control by the president’s exercise of his prerogative or by congress in the making of laws. POLITICAL QUESTIONS IOW. Notwithstanding that it is a discretionary power of the president. specially when there is a conflict between the exercise of powers of the president and of congress. the issue is limited into WON there has been a grave abuse of discretion amounting to lack or in excess of jurisdiction. IOW what our constitution has recognized that each branch is supreme on its own sphere whose prerogatives cannot be interfered with by the other branches including the SC. art 8. Case: Ombudsman Merceditas Gutierez There was an accusation made in the house of reps particularly the Committee on Justice. the issue. the SC still has to determine whether there is justification to exercise its power of judicial review. So if one of the elements is absent. there is no justification for SC to exercise judicial review. Then. Precisely. insofar as political discretionary powers. And eventually the SC ruled in favor of the house of reps saying that there has been no abuse of discretion and there has been no violation of the requirements of initiation of impeachment proceedings. the SC reviewed it if only to determine whether that discretionary power of the president is abused Kwin transcripts Page 35 PDF Created with deskPDF TS PDF Writer . So the SC has no choice but to review because that is part of their power and obligation.CONSTITUTIONAL LAW Kwin GENERAL CONCEPT OF JUDICIAL POWER Here.com . but to determine as it was alleged by the petitioner that that prerogative has been abused by the house of reps by not following the procedure as provided b the constitution. SC can now review. this is not to preclude the SC to review if that discretionary power is abused. the judicial power may be used to interfere into the prerogatives of the two other branches to make sure that SC will not be accused of interfering so you must make sure that the 4 requisites are present. generally.docudesk. but simply assert what is provided in the constitution…not the superiority of the courts but the supremacy of the provisions of the constitution. even political questions involving purely discretionary matters may still be reviewed by the courts without violating the separation of powers. the court usually in the exercise of judicial power interpret the law and apply the law. applying laws that are applicable in case of a conflict involving rights that are both demandable and enforceable. SC has the task to nullify it or declare it as null and void. The constitution so provides. This is not an assertion of the court’s superiority. In many cases where there is a question on constitutionality. and that was an issue. The constitution provides that there can only be an initiation of impeachment proceedings not more than once in a year. However. That was the general concept of judicial power. Even if he claimed that the power is discretionary because it is expressly assigned to them by the constitution. judicial power is not just limited to applying the law and determine the conflict by settling the disputes. Because now under sec 1. here that may still be reviewed if somebody goes to court and ask for relief. EXPANDED CONCEPT OF JUDICIAL POWER But TN that has been expanded that the SC and other courts can also review WON there has been grave abuse of discretion amounting to lack or in excess of jurisdiction. the SC can always act as a referee.

This is executive branch and yet exercising the power to a certain extent for purposes of implementing the law. Pleadings 2. But this power is being assigned to CONGRESS and SC. To ensure hat laws are faithfully executed. Because after all. But do you know that this power by express provision of the constitution has also been assigned or delegated to the two other branches of the government? The PRESIDENT is delegated with EMERGENCY POWERS under sec 23 or to ADMINISTRATIVE BODIES on subordinate legislation. settling disputes between and among employees subject to the review of the president. So if you can observe. Admission to the bar 5. in the matter of APPOINTING THEIR OWN STAFF AND PERSONNEL to maintain the independence of the three branches. the legislative power is plenary as far as congress is concerned. -EXAMPLE – SHARED LAW MAKING POWER For instance. In the case of Gingoyon vs Republic. congress is never precluded form promulgating or making or enacting laws providing or amending the rules of court.CONSTITUTIONAL LAW Kwin SHARING OF THE POWERS Another point that you should TN are those circumstances where no less than the constitution or existing statute providing for the sharing of the exercise of the powers. -EXAMPLE – SHARED JUDICIARY POWERS In the exercise of QUASI JUDICIAL POWERS by the ADMINISTRATOVE BODIES. There is a proceedings where it is adversarial where house of reps acts as a prosecutors and the senate as the adjudicators or tribunal. IMPEACHMENT is judicial by nature. if there is no law providing who should be the appointing authority. We will explain this further when we go to the delegation of legislative powers. In effect. Matters extending free legal assistance to the indigents These are exclusive. That is by nature judicial but that is assigned to the executive department. you have checks and balances and you have judicial review power of the courts. In fact. There’s more to the interdependency of the powers rather than on complete independence. TN in relation to it. the president insofar as the exercise of emergency power.DEMO :: http://www. Practice of law 3. the president being the chief executive makes the appointment in the government. CONTEMPT power is by nature judicial. the SC has exclusive power to promulgate rues governing: 1. there is more to the blending of powers rather than the complete or absolute separation of powers. In the matter of APPOINTMENT. Who are the members of Electoral Tribunal? 6 of whom are members of congress. by nature that is executive. the executive branch exercises legislative powers.com .docudesk. -EXAMPLE – SHARED EXECUTIVE POWER How about the executive power? Are there instances when it is also being exercised by the two other branches? YES. The SC under sec 15 art 8. CONGRESS to a certain extent also exercises judicial functions. ELECTORAL TRIBUNAL POWERS to conflict or settle conflicts involving election offenses among members of congress. Procedure in court 4. the law making power is definitely the power expressly assigned to congress as provided in the constitution. it is understood that that power is being appointed with the president being the chief executive. however limited. Kwin transcripts Page 36 PDF Created with deskPDF TS PDF Writer . They promulgate rule and regulations insofar as administrative bodies under subordinate legislation.

such powers shall cease upon the next adjournment thereof. war LIMITATIONS TN of the limitations: a. local governments 4. Unless sooner withdrawn by resolution of the Congress. NON DELEGATION OF LEGISLATIVE POWERS Related to separation of powers is the non delegation of powers. Case: Sanlakas vs Executive Secretary This relates to the declaration of a state of rebellion DECLARATION OF STATE OF NATIONAL EMERGENCY How about the declaration of the state of national emergency? Can the president do that without the congress delegating the exercise of emergency powers to the president? The SC said there’s no need for the delegation of emergency powers to the president to make a declaration either of a state of rebellion or a state of national emergency. he cannot do that without the grant of emergency powers to him by congress. Os it is only delegated to the president.docudesk. the Congress may. scope is limited only to carry out the declared policy of congress The president cannot therefore exercise the power without the express grant of congress. This is not exercised by the president unless it is delegated. national emergency b. Because there is separation of powers. particularly legislative powers. in cases of national emergency or of war c. But the moment that the president orders the warrantless arrest. PERMISSIBLE DELEGATION OF LEGISLATIVE POWER (EXCEPTIONS) While non delegation of powers is a GR. administrative bodies 3. shall have the sole power to declare the existence of a state of war.CONSTITUTIONAL LAW Kwin 4. authorize the President. it is delegated to the president in cases of: a. (David et al vs Executive Secretary) Kwin transcripts Page 37 PDF Created with deskPDF TS PDF Writer . (2) In times of war or other national emergency. (1) The Congress. And by sec 23. limited only for a period of time 1. unless it is lifted or withdrawn earlier 3. it is more on the legislative power because there’s more on the law making where the government has to come up with laws in order to meet the exigencies and needs of the public. for a limited period and subject to such restrictions as it may prescribe. as a GR. by a vote of two-thirds of both Houses in joint session assembled.com . there are certain exceptions to that. What has been delegated cannot in turn be delegated by the delegate to another delegate. to exercise powers necessary and proper to carry out a declared national policy. This is what we can permissible delegation of legislative power. until the next adjournment of congress (special or regular session) d. DELEGATION OF POWER TO THE PRESIDENT TN of sec 23 art 6. So definitely the president can declare a state of national emergency bolstered by the fact that the president is the commander in chief of the armed forces. Because of the growing complexities of the people and the government has to meet the needs of he people immediately. Because after all. the taking over of some public utilities or vital industries because of such emergency. the requisites and the relevant principles. until emergency exists 2. people at large 1. It is not only a power to exercise but an obligation. Case: David et al vs Arroyo This relates to the state of national emergency. it can only be withdrawn by a resolution -there is no need of the approval then of the president (not a law) e. SECTION 23. voting separately. That is the reason why there is the prohibition against the delegation of powers. As I have said earlier. this is based on the president being the chief executive. the powers should not be given up to anyone. The people through the constitution has expressly assigned the power to that particular branch. And so we have the power delegated to the: 1. EMERGENCY POWER Emergency power is vested with congress. president 2. He knows the status of the country and the condition of the country at the moment considering that the evidences and materials he would be needing are within his reach because the departments providing for the information are under the control of the president like the PNP and military.DEMO :: http://www. by law. it cannot be avoided and it would be best for the power to be delegated. it can only be delegated or granted by law passed by congress b.

Our LGU’s are not independent from the national government. Supposedly. Because it is incomplete. In fact. You may provide for the reason why this law is adopted. KINDS OF LEGISLATION THAT ADMINISTRATIVE BODIES MAY PROMUGLATE There are two kinds of legislation that the administrative bodies may promulgate as part of subordinate legislation: a. They may only be regulated. DELEGATION TO ADMINISTRATIVE BODIES As part of subordinate legislation. COMPLETENESS TEST The law must be complete in itself so that nothing is left to the administrative body to determine what the law is.DEMO :: http://www. SC said thee is no violation of the non delegation of non legislative power because what the DOE is simply to implement the law. what has been delegated is only the rule making power. Because the power is limited. NOT OPPRESSIVE. It can only be regulated by LGU’s but certainly cannot be prohibited. They can only regulate. TEST ON VALID DELEGATION OF POWER TO ADMINISTRATIVE BODIES So you TN of the test in the delegation of the power to the administrative bodies: a. SUFFICIENCY OF STANDARD TEST You may find this in the introductory part of the substantive law itself. it cannot be a applied to another municipalities because it is nly applicable within its territorial boundaries. So there has to be a law passed by the congress providing for the basis of the promulgation of implementing rules and regulation. There cannot be the promulgation of rules by the administrative bodies having the force and effect of law if in the first place there’s never been a law delegating the exercise of the power to the administrative body.com . They cannot prohibit. And it is the Department of energy that enforced it by promulgating the rules and regulation. CANNOT PROHIBIT BUT MAY REGULATE Case: Cruz vs Paras This is about the closure of night clubs which was not the an activity that is considered illegal by law. LIMITATIONS TN because it is a delegated power. They cannot make laws contrary to laws already passed by the national government. This is not a taxing power that is being exercised but more on police power. Case: Magtakas vs Pryce Properties This is about the establishment of casinos in CDO. There was a question on the Department of Energy to do that. providing for details b. It is shared by all electricity consumers. the boundaries and parameters to which that law will be implemented. the power is not without limitations. The purpose of which is to have electricity distributed all over the country. 3. It was declared unconstitutional because the government cannot prohibit the activity. the Local Government Code. as long as it is not contrary to existing laws. And this is by express delegation of the law itself to the DOE. the rules promulgated by the administrative bodies will provide for the details or for the limitations or parameters for which the law can effectively enforced. it is lacking with basic provisions. Case: Ipira vs Department of Energy There’s the universal charge imposed for the distribution of electricity. LGU’s cannot in the guise of promoting general welfare prohibit certain practice of profession or business. providing for limitation For as long as it is within the provision of the law. So if a municipality passes an ordinance. Ours is still unitary. They cannot be prohibited by LGU’s. then there is undue delegation. They say there was no delegation because this was a tax imposition. RA 7160. the administrative bodies will be guided accordingly as to how the rules will be promulgated. Kwin transcripts Page 38 PDF Created with deskPDF TS PDF Writer . They can only regulate. CANNOT PROHIBIT PRACTICE OF PROFESSION Including the practice of professions. b. not unreasonable and it is only limited within its territorial boundaries. All that it needs to do is to implement the law. LGU’s cannot pass laws contrary to the constitution and contrary to laws passed by congress.CONSTITUTIONAL LAW Kwin 2. DELEGATION TO LOCAL GOVERNMENTS RA 7160 – LOCAL GOVERNMENT CODE There cannot be an exercise of the power of LGU’s without the express grant of Congress. CANNOT PASS LAWS CONTRARY TO NATIONAL LAWS We do not have a federal system of government. NOT UNREASONABLE AND LIMITED TO TERRITORIAL JURISDICTION Another is that the laws passed should not be oppressive. So that in the promulgation of the rules and regulation. They cannot therefore prohibit a trade that is allowed under existing laws neither can they pass laws amending national laws.docudesk.

SC sustained the argument that MMDA was not a political subdivision and therefore does not exercise police power. Why is there a need to delegate the power when the sovereignty resides in them? As provided in the constitution. In preventive. But they cannot on their own make rules and implement them. by allowing traffic to enter a private subdivision is taking the property for public use. Either they make rules on the basis of existing laws or on the basis of local laws on the different municipalities and cities comprising the MMDA. And thus we have RA 6735 providing on procedure on people making laws either directly or indirectly including amending the constitution. people can directly propose national laws provided that the petition has to be signed by petitioners comprising of at least 10% of the total registered voters of which 3% are representing the different districts nationwide. It does not exercise police power. Francisco questioned the constitutionality. on statute b. In fact sec 1 art 2 provides: Sovereignty resides in the people and all government authority emanates from them. autonomous regions 2000 voters b. INITIATIVE ON STATUES Case: Lambino vs Comelec As regards to initiative on statues. There was no problem with due process because SC said that was only preventive. It’s more on the provision on the procedure or mechanism on how he people can exercise the power. Not because of it being MMDA but because they were authorized by the LGU’s comprising the MMDA. because it is an administrative body. Case: Bel Air vs MMDA This question WON they can divert the traffic in a private subdivision. on local legislation c.DEMO :: http://www. initiative a. on amendments to the constitution 2. (amendment on constitution is 12% and 3%) 1.docudesk. INITIATIVE ON LOCAL LEGISLATION What are the political subdivisions that can initiate local legislation? How many voters required to sign? a. How is this done: 1. then they can do so. it is not on the delegation. there was a question on due process and on the authority of MMDA to pour water on you for traffic violation. barangays 50 It could be ordinance or resolution Kwin transcripts Page 39 PDF Created with deskPDF TS PDF Writer . MMDA has no police power. provinces 1000 c. It cannot also take private property without payment of just compensation because virtually. The lawyer was saying he has no authority because he does not have police power. cities 500 d. invoking the exercise of police power without paying just compensation. DELEGATION TO PEOPLE AT LARGE As regards to the exercise of the power.com . Not by their authority as an office but the local governments that comprise the MMDA. Case: Francisco vs MMDA Regarding on the Wet Flag Scheme. RA 6735 And thus under sec 31 of art 6 of the constitution. SC said. There was a question WON he is a proper party because he was not the one who got wet. the congress is mandated by the constitution to pass and enact a law providing for a procedure. no hearing is required. you will wonder shy should it be delegated to the people when the source of sovereignty is the people. They were authorized by LGU’s to implement traffic rules. Does the MMDA have the authority? Yes.CONSTITUTIONAL LAW Kwin MMDA MMDA is not a local government or a political subdivision.b. there is existing law allowing them to confiscate.a. However. 4. referendum 1. You can only enforce the law of LGU’s composing of Metropolitan Manila. Case: Garin An MMDA traffic enforcer confiscated the license of a lawyer. They are treated as an administrative coordinating body. municipalities 100 e. in the first place.

However. the Bill of Rights will serve as a balance or fulcrum between authority on one hand that is represented by the inherent powers and rights of individuals on the other hand. PROHIBITION AGAINST THE PASSAGE OF IRREPEALABLE LAWS The GR is laws passed by congress are always subject to changes/amendment/revision. Like if you grant a tax exemption based on valuable consideration. in congress. Same with the LGU’s. it becomes unconstitutional? When the law impairs existing obligations of contract. Because after all. This is now modified decision of SC in Santiago vs Ramos. ACCOUNTABILITY OF PUBLIC OFFICERS Because the public officers are chosen by the people. still we follow majority rule.docudesk. One of which is the impeachment of public officials in the government or the office of the ombudsman and his Anti Graft Courts or SB just to let the people or the officials in particular be aware that they are always accountable to the people. Like for instance. the heavier weight carries with it the lighter weight. In initiative on amendments. 6. And that’s the device on the majority rule. you should always remember that the authority emanates from the people. We have a separate provision on the accountability of public officers. You will have a tyrannical system of government. the sanguninans will propose and the people in the locality will approve or reject it in a referendum. There’s no one this country who is so powerful that he can be above the law. you have the majority votes which is only ½ of the totality plus 1. Case: Villavicencio vs Lucban Case: Echenova vs Gonzalez You cannot just violate the law with impunity just because you are powerful. EXISTENCE OF THE BILL OF RIGHTS As we explained. they are accountable to the people. 2. Instead it will be congress for the national law to propose. you always have a decision reached by the approval of the majority. REFERENDUM Referendum is an indirect way of proposing laws. you need majority of those who actually participated in the deliberation. 2. subject to ratification of majority vote in a plebiscite called for the purpose. you cannot have a republican system of government. INITIATIVE ON AMENDMENTS OF CONSTITUTION We need 12% and 3% of each legislative district. Without the balance. like the declaration of the law to be contrary to the constitution and therefore null and void. AFTER BREAK 1. RULE ON MAJORITY Inasmuch as we cannot get the unanimous approval. As long as the petition has been signed by the authors of the initiative. we can only estimate the consent of the people. In many cases. And people will either reject or approve it in a referendum. Kwin transcripts Page 40 PDF Created with deskPDF TS PDF Writer . and 2/3 or ¾ votes in more important decisions that need to be made by congress. not a revision. it is to be ratified not on referendum but in a plebiscite. 9. you have specially where the body of the government is collegiate or collegial. it is only limited to amendments.DEMO :: http://www.c. Insofar as SC is concerned.com . that cannot be revoked without violating the law against the non impairment clause. And thus at all times. Case: Lambino vs Comelec SC says that RA 6735 is sufficient to provide for the mechanism on how people can initiate amendments on the constitution. EXCEPTION: IMPAIRMENT OF CONTRACT Can you cite an example of an exception where the law cannot be repealed? Because to repeal it. Still we follow majority rule. GOVERNMENT OF LAW AND NOT OF MEN All men are subject to the law.CONSTITUTIONAL LAW Kwin 1. 7. RA 6735 is not sufficient… XXX This has been changed in the case of Lambino.

that power is exclusive to the president. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. but there is no treaty between the Philippines and the US as regards to recognizing the judgment being rendered by a local court in US. If you invoke incorporation clause. and amity with all nations. we don’t have laws. following customary laws. automatically. they form part of our legal system. then we too are bound by it. 3. Case: Pimentel vs Ermita The same with the Statute of Rome. IOW like if there is accusation of the president’s violation of human rights against those groups or individuals. April 12. we were not signatories because we did not ratify although it was signed by President Estrada. are we subject to its jurisdiction? YES. This has something to do with a case that was prosecuted in US for violation of human rights against the Marcoses. 2005 With regard to the recognition of foreign judgments. treaties that have become part of customary law Case: Nihok vs Director of Prisons Case: Kuruda vs Halandoni While we were not signatory to the establishment of Commissions to prosecute the criminals during the war who were responsible to the atrocities committed during ? the WW II. concurred by 2/3 of the members of the senate.DEMO :: http://www. that is exclusive to the president and under separation of powers. But because that treaty. RENUNCIATION OF WAR What we are renouncing is only an OFFENSIVE WAR where we become the aggressors. treaties duly ratified by the president As enunciated in the case of Pimentel vs Ermita. they cannot ask for mandamus to compel the president to forward a copy of the statute or the treaty. other than treaties entered into by the president. to consider it as part of the legal system. we are bound by it. SC said that there is no obligatory rule derived from Kwin transcripts Page 41 PDF Created with deskPDF TS PDF Writer .com . IOW they are treated as ordinary statues if there are no applicable local law and in case when there is a need to apply an international law. Judgment was rendered in favor of those plaintiffs who complained that their rights were violated.CONSTITUTIONAL LAW Kwin SEC 2 SECTION 2. While we did not sign it. The things that you need to consider on the RENUNCIATION OF WAR and the adoption of the GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL LAW AS PART OF THE LAW OF THE LAND. So you may still be bound by it by incorporation clause because one of the sources of international laws. it must be ratified by the president with the concurrence of 2/3 of the house of the senate. The Philippines renounces war as an instrument of national policy. Neither have we signed treaties with other countries. All the cases being entered into by the president. Even if the senate has concurred to it. Are we bound by it? NO. It was declared by SC that on the matter of ratification. Their problem is that the properties of the Marcoses were in the Philippines. she may be subjected to. we were never signatories Dakilo Brian that authorized the establishment of the tribunals. it forms part of our legal system under this provision on the incorporation clause. WHAT MAY BE INCORPORATED TN of what can be incorporated as generally accepted principles: 1. that can be applied to us. Inasmuch as it was not ratified by Arroyo while it was signed by Estrada… it was not ratified because the president did not submit a copy to the senate for concurrence. meaning it was adopted and followed by majority of the members of UN. We cannot give up a war because it is the duty of the government and the people to defend the state. INCORPORATION CLAUSE What may be the source of generally accepted principles of international law… automatically. then the president is not compelled to ratify the treaty because after all. This was on the establishment of the criminal courts of justice. To bind therefore the republic insofar as the treaties being entered into. because as customary law. that law became a customary law for it was ratified my the majority vote of the members of the UN. freedom. if the president refuses to ratify it.docudesk. They were asking for damages. cooperation. under the incorporation clause. equality. 2. They wanted to implement the judgment. are treaties which become part of customary law. although we were not signatories thereto has become a customary law. But is the establishment of the International Court of Justice. norms of general or customary laws Case: Mijares et al vs Javier. But the moment it is a customary law. Can she be prosecuted in the International Courts of Justice? YES. Case: Pimentel vs Ermita This is the Statute of Rome that was questioned by Pimentel because the president refused to give a copy to the senate for concurrence. justice.

However. Dec 9. Because there is that international law. even if they do not derive from treaty obligations. Case: Pharmaceutical and Health Care Association of the Philippines vs Duke et al.CONSTITUTIONAL LAW Kwin treaties and conventions that requires the Philippines to recognize foreign judgments or allow a procedure for the enforcement thereof. The problem will only arise if there will be a conflict between a local law and a generally accepted principle of international law. But there is an international requiring it. transformation 2.. In our case. according to SC. if not all members of UN in the international community. it could be by: 1. the bill at the time was still pending. by legislating and making it a statute. there is the presumption that the government will not be stupid to enter into an agreement to enter into its laws. Neither would they pass laws that would be running contrary to international congregation such as the treaties entered into.DEMO :: http://www. So if there is no applicable law in the locality and you need to apply the law on a conflict. It is treated like a statute. it is like adapting a generally accepted principle of law by passing a statute. And that is SELF EXECUTING.docudesk. how do you resolve the conflict? The GR is.com . international law is deemed to have the force of domestic law. A mere constitutional declaration. if it becomes irreconcilable. transformation TRANSFORMATION is an express adoption of a generally accepted principle of international law as a local law. 2. then if the statute is contrary to the constitution. a generally accepted principle of international law that is treated as a domestic law when it runs conflict with the constitution will be declared null and void. you have to RECONCILE AND HARMONIZE the differences because after all. it is by the pronouncement of the constitution that it is transformed into a local law by adapting them as part of the legal system by express constitutional declaration. you see the notice – breast milk is the best for babies. established. which has been accepted and approved by majority. customary laws and international norms METHODS OF INCORPORATION In the incorporation. it must always be the constitution that prevails. How do you resolve? First. psychological element known as OPINION JURIS CIVI NECESSITATES (meaning opinion as to law or necessity) Implicit in the latter element is a belief that the practice in question is rendered OBLIGATORY by the existence of the rule of law requiring it. treaties that have become customary laws 3. and consistent practice on the part of the state. WHEN APPLICABLE – INTERNATIONAL CONFLICT. NO LOCAL LAW This is only relevant when there is no applicable law in the locality and it involves an INTERNATIONAL CONFLICT. treaties that are ratified and concurred 2. CUSTOMARY INTERNATIONAL LAW is deemed incorporated into our domestic system. generally accepted principles of international law by virtue of the incorporation clause of the constitution form part of the laws of the land. ELEMENTS: (when it becomes customary law) The classical formation of international seize those customary rules accepted as binding result from the combination of two elements: a. or by pronouncement of the constitution. If there is. b. it will be declared unconstitutional. No problem because a statue and a generally accepted principle are of the same level. incorporation 1. widespread. SC said it becomes a customary international law. Kwin transcripts Page 42 PDF Created with deskPDF TS PDF Writer . Similarly. 2007 In milk cans. incorporation In INCORPORATION. then it has to be complied like a local statute. However. it conflicts with the local law. So there are only 3 sources of generally accepted principles of international law: 1. you may refer to these international laws that are generally accepted as if it is a local law. CONFLICT BETWEEN LOCAL LAW & GENERALLY ACCEPTED PRINCIPLE OF INTERNATIONAL LAW. expressly making it as a local law. The producers of companies manufacturing these milk say that they are not obliged because there is no law requiring them.

Their duty is specific inside. Aug 10. at all times. On the matter of recruitment of the members of the armed forces. SEC 3 SECTION 3. ROLE OF THE ARMED FORCES Is it their duty to maintain peace and order in the country? NO. 4.Outside force. Case: Secretary of Justice vs Lantion According to SC. A treaty may repeal a statute. so he moved for the dismissal of the case in the court martial. to avoid establishment of a clique among certain individuals. SUPREMACY OF CIVILIAN AUTHORITY – HOW ENFORCED “Civilian authority is. Inasmuch as the case will be resolved by our local courts that are created by our local laws. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Inasmuch as there is the supremacy of the civilian authority over the military authority. by regions. You have the president. 3. 6. 5. 2. The fact that international law has been made part of the law of the land does not pertain or imply the primacy of international law over national or municipal law in the municipal sphere. at all times. So its’ understood that our local laws will always prevail over international laws.com . 2006 Senator Trillanes wanted to have his case tried before the civilian court. . In short. where we promised to the Chinese that their nationals will be treated similarly with the Filipinos in the matter of business.DEMO :: http://www.CONSTITUTIONAL LAW Kwin But if it an ordinary statue and an international law… Case: Ychong vs Hernandezr This is the case of internationalization of our retail trade. In a situation however where the conflict is irreconcilable and a choice has to be made within a rule of international law and municipal law. supreme over the military” to secure the sovereignty of the State and the integrity of the national territory. the Retail Trade Act or the Treaty of Amity and Friendship with China. The Armed Forces of the Philippines is the protector of the people and the State. In relation to the matter of Military Tribunals (court matials – hears cases involving members of the armed forces who have been charged with offenses related to the articles of war or in relation with the performance of their duty) This is also a manifestation of the supremacy of the civilian authority over the military. rather than How is this enforced? 1. In states where the constitution is the highest law of the land such as the Republic of the Philippines. Accordingly. only Filipinos were allowed to engage in that business. there is no activity of the military. The doctrine of incorporation as applied in those countries decrees the rules of international laws are given equal standing with. There was a question on which of the laws will prevail. where the foreigners are not allowed to enter into trade or business such as a sari-sari store. The prohibition against the appointment of active military men in the civilian government. You have Congress. SC said that court matials are instrumentalities of the executive to enable the president as commander in chief to effectively command control and discipline over the armed forces. Without public funds appropriated. proportionate. According to the Retail Trade Act. the principle LEX PROSTERIO DEROGAT PRIORI takes effect. supreme over the military. jurisprudence dictates that municipal law should be upheld by the municipal courts for the reason that such courts are organs of municipal law and are accordingly bound by it in all circumstances. The statute may repeal a treaty. both statues and treaties may be invalidated if they are in conflict with the constitution. a civilian institution which has the power to appropriate public funds in the creation of offices for the military and for the expenditures of the military operations. the court martial should be divested of jurisdiction over his case. Efforts should first be exerted to harmonize them so as to give effect to both since it is presumed the municipal law was enacted with proper regard for the generally accepted principles of international law in observance of the incorporation clause. The courts themselves are created by law. but are not superior to national legislative enactments. a civilian authority who is made as the highest military authority as the commander in chief of the AFP. the doctrine of incorporation is applied whenever municipal tribunals are confronted with situations in which there appears to be a conflict between the rule of international law and the provisions of the constitution or statutes of the local state. Civilian authority is. court matial form part of the disciplinary system to ensure the president’s control and thus civilian Kwin transcripts Page 43 PDF Created with deskPDF TS PDF Writer .docudesk. it has to be with the concurrence of the Commission on Appointment. Case: Gonzales et al vs Rabaya. it will be stupid to sustain an international law against a law that created it. On the matter of appointment and promotion of members of AFP.

The ability of the president to prevent military officers from testifying before the congress does not turn on an executive privilege. The president can prohibit them not as a chief executive enjoying executive privilege but rather as the commander in chief of the armed forces in order to implement the supremacy of the civilian authority at all times over the military authority. and not to maintain peace and order. The president could as a GR require military officers to seek presidential approval before appearing before congress is based foremost on the principle that a contrary rule duly diminishes the prerogative of the president as commander in chief. The constitution reposes final authority. Civilian supremacy over the military also countermands the notion that the military may bypass civilian authority such as civil courts on matters such as conducting warrantless searches and seizure.docudesk.DEMO :: http://www. WON it was correct for Budani to be prosecuted before the court matial for not heeding to the orders of the chief of staff. but on the chief executive’s power as the commander in chief to control the actions and speech of the members of the AFP. Budani was asked not to appear before the senate committee regarding the irregularities being committed in the last election of 2004. the functions clearly civil in nature. to civilian supremacy over the military and to the general stability of our representative system of the government. And then there was the question of the supremacy of the civilian authority. At the apex of this disciplinary system. a civilian who is not a member of the armed forces and whose duties as commander in chief represent only a part of the organic duty imposed upon the office. So TN when you are asked a question WON the executive privilege of the president is violated where the member of the AFP or a military officer is prohibited to appear before the committee hearing without the approval of the president. SC said that by the vitality of the tenet of the president as the commander in chief of the armed forces is most crucial to the democratic way of life. Case: Budani vs Senga There is the implementation of the supremacy of the civilian authority over the military. Notwithstanding that order. that’s the reason why the decision of court matial is subject to review by the president in his capacity as the commander in chief of the armed forces as a system of disciplining the members of the military. Kwin transcripts Page 44 PDF Created with deskPDF TS PDF Writer . it is the president who exercises review powers of the court matial. control and supervision of the AFP to the president. He was court matialed thereafter for not heeding to the lawful order of the chief of staff. he appeared before the committee saying that he is being summoned and the president.com . Why was it questioned? Primarily the role of the AFP is to secure territorial integrity of the country and political sovereignty. But it was justified by SC saying that they were following orders of a civilian authority. So basically. this does not apply on them. That’s the PNP’s role. TN. It has nothing to do with the executive privilege. He was told not to appear by the chief of staff upon the order of the president as the commander in chief of the armed forces. Case: IBP vs Zamora This is with reference to the employment of the military to some shopping malls in order to maintain peace and order. in the matter of invocation of executive privilege will not apply as far as he is concerned. The president’s prerogative as commander in chief are not hampered by the same limitations as in executive privilege. not to appear in the committee hearing in congress.CONSTITUTIONAL LAW Kwin supremacy over the military.

taught by someone who is accredited or recognized 3. Orphanage e. Orphanage e. However. it is neither a property or a property right. And so he was complaining that it was a violation of the right to due process where his right to bear arms is being removed without hearing. It was only a declaration at the time of election. that in relation to the matter of defending the state by civilian authority or by the people as their prime duty. ministers or other ecclesiastical ministers assigned in: a. Penal institution c. when the funds are used by priests and ministers assigned in the a. Military institution b. prohibition against accreditation of the church or religious sector as a party list 3. The separation of Church and State shall be inviolable. In subsequent provisions of the constitutions. prohibition against a representative coming from a religious sector 4. TN that it is INVIOLABLE. military or civil service. taught during school hours without additional cost to the government c. optional religious instruction in public. 2. all citizens may be required.CONSTITUTIONAL LAW Kwin SEC 4 SECTION 4. on the matter of appropriation of public funds. it is a privilege granted by a sovereign state subject to the police power of the state. Penal institution c. SC said that insofar as the license to bear arms. Remember the due process. Government d. under conditions provided by law. written consent from the parent or guardian of the child b. when the state has accommodated religion because they acknowledge the contribution of religion to the promotion of general welfare Example is tax exemption on properties of churches that are actually. without any hearing. the government may also require civilians in the country to defend the state. Leprosarium EXCEPTIONS There are however exceptions: 1. non establishment of religion In order to maintain the separation between the church and the state 2. elementary and high schools REQUIREMENTS: a. It can be removed without hearing. The Government may call upon the people to defend the State and. directly and exclusively used for religious purpose however limited only to property tax. Leprosarium This is with regards to the duty of the government to serve and protect the people. liberty or property without due process of law. Kwin transcripts Page 45 PDF Created with deskPDF TS PDF Writer . prohibition against the appropriation of public funds for the support of religion or any sector of society Except when they are paid to priests. Neither is it a property right. PROVISIONS IMPLEMENTING What is important are the provisions implementing sec 6.DEMO :: http://www. To bear arms is not a property. Government d. the extent of protection – no person shall be deprived of life. SC said maintenance of peace and order and the protection of the people against violence are constitutional duties of the state. and the maintenance of peace and order. There was a pronouncement made by the chief of the PNP that all licenses to carry firearms are revoked. we have the: 1. SEC 6 SECTION 6. SC said. to render personal.com . And to bear arms is to be construed in connection and in harmony with these constitutional duties. The prime duty of the Government is to serve and protect the people.docudesk. Case: Chavez vs Romulo As regard to the right of bearing arms. Military institution b. PERSONAL OR CIVIL SERVICE – HELP DEFEND In relation to maintaining peace and order where the people are required to help defending the state by rendering personal or civil service. Rather it is a privilege granted to a state to an individual subject to its police power. in the fulfillment thereof.

territorial integrity 3. SEC 12 SECTION 12. Under the general principle of BENEVOLENT NEUTRALITY ACCOMMODATION OF RELIGION.CONSTITUTIONAL LAW Kwin 4.com . religious group or mission board. In its relations with other states. SEC 7 SECTION 7. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Case: Province of Rizal vs Executive Secretary This is with reference to the demand for a balanced and healthful ecology where the LGU has intervened for the protection of the environment.DEMO :: http://www. The State shall pursue an independent foreign policy. the paramount consideration shall be national sovereignty. TN that we are for freedom from nuclear weapons. consistent with the national interest. The state will remain neutral. The basis of the proper party requisite there in reviewing the constitutional policies of DENR is on the INTERGENERATIONAL RESPONSIBILITY of the government to preserve the forest or timberland from being destroyed by certain individual in connection of the right of his children to a balanced and healthful ecology. SEC 8 SECTION 8. and the right to selfdetermination. The test of these nuclear arms as well are also prohibited. on the ownership of educational institution GR. It is not less important as those civil and political rights that are enumerated in the bill of fright. public health. This is with regards to nuclear weapons I the territory. it is understood that the mother’s life will prevail. This is one of the basis of questioning the constitutionality of passing the RH Bill because they are saying that it encourages abortion or the prohibition against conception because of the use of contraceptives. But as of now. not however precludes us from using the nuclear power as our source of energy like in Japan. But of course that will not be absolute. you should be allowed to enjoy your religion without interference from the state. This right. we can enter into treaties and agreements with other foreign countries for as long as we consider: 1. do not forget this provision. In case there is a conflict. right to self determination SEC 16 SECTION 16. as it has something to do with the constitutional obligation on the part of the state to protect the child or unborn child from conception. As long as it is consistent with national interest. 60% of it capital is owned by Filipino citizens EXPT: c. public policy. public morale. It shall equally protect the life of the mother and the life of the unborn from conception. you cannot use this as basis for judicial action. 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. What is prohibited is the possession and control and manufacture of nuclear weapons. territorial integrity. 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. educational institution may only be owned and administered by: (requirements) a.docudesk. then we might get into the manufacturing because we cannot be forever be isolated from the rest of the world. an individual – a Filipino citizen b. national sovereignty 2. a corporation – qualified Filipino corporation. public safety. Case: Oposa vs Factoran The courts took cognizance over the petition notwithstanding that they were filed by the minor children of Atty Oposa. For as long as there is NO CLEAR AND PRESENT DANGER to public convenience. even they are all foreigners GENERAL PRINCIPLE TO IMPLEMENT THE PRICIPLE OF SEPARATION OF CHURCH AND STATE -BENEVOLENT NEUTRALITY ACCOMMODATION OF RELIGION It is not hostility with each other. This is important in relation to RH Bill and the pending Divorce Bill. TN that these are all principles that are not self executing. It’s a public right. adopts and pursues a policy of freedom from nuclear weapons in its territory TN because with the focus climate change and protection of environment. as enunciated in the case of Estrada vs Escritor. although it is recognized . it is still prohibited. Regarding the RH Bill. INDEPENDENT FOREIGN POLICY Case: Angara vs Tanada As regards to WTO. national interest. although provided in art 2 is one of the provisions they say is self executing. national interest 4. it is the duty of the state to protect the life of a child from conception… but in case there is a conflict between the mother and the child. unless there is a law that implements the provision. Kwin transcripts Page 46 PDF Created with deskPDF TS PDF Writer . The Philippines. it’s not your choice of a right to privacy.

CONSTITUTIONAL LAW

Kwin
LOCAL AUTONOMY We do not have a federal system of government. in understanding what consists of local autonomy is the cases of Pasco vs Pagcor, Limuna vs Mangilin, Lina vs Tano. The bottom line there is that there is no transfer of powers from the national government to local. What has been transferred is merely administration so that LGU’s can make their own rules in order to implement their own policies, to manage their own affairs and resolve their own problems. The power of LGU’s to impose taxes and fees are always subject to limitations which congress may provide by law. The principle of local autonomy under 1987 Constitution simply means DECENTRALIZATION. It does not mean local government sovereign within the state of an emporium unlike a federal system. The matter of regulating, taxing or OW dealing with gambling is a state concern. And hence it is the sole prerogative of the state to retain and delegate it to local governments. Case: Limuna vs Mangilin Under the constitution, provinces, cities, municipalities and barangays enjoy local autonomy subject to the supervision of the national government acting through the president and the department of local governments. Autonomous Regions of Muslim Mindanao and Cordilleras on the other hand, are subject unknown to the decree of the organic act creating them and accepted principles on the effects and the limits of autonomy. Remember the juridical entity of Bangsa Moro, where it was also emphasized on the matter of local autonomy. Case: Lina vs Tano SC said, ours is still a unitary form of government, not a federal state. Being so, any form of autonomy granted to a local government will necessarily be limited and confined within the extent allowed by the central government. UNDER CONTROL AND SUPERVISION OF THE PRESIDENT Suffice to say, it is not absolutely independent from the national government. It is still under the control and supervision from the office of the president. Case: Matulin vs COA As regards to the extent of the supervision of the president over LGU’s, insofar as the president is concerned, it is merely supervision. It cannot therefore, even his alter egos like the secretary, cannot interfere in local affairs as the LGU acts within the parameters of the law and the constitution. This has something to do with the giving of allowances to judges, when it was being regulated by the COA. SC said that as long as the LGU acts in accordance of law, that cannot be interfered with by the national government, including the COA.

POWER TO TAX To maintain local autonomy there is the lending them power to tax so that they can raise revenue to become independent at least from the national government In fact, even if there is no law conferring upon the local governments to raise revenue through taxes by express provision of the constitution on local autonomy, local governments can impose taxes. That provision in the constitution is self executing, there is no need of a legislative enactment. Nonetheless, there are laws as regards to the limits of the exercise of the powers.

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CONSTITUTIONAL LAW

Kwin
SEC 26 EQUAL ACCESS OF OPPORTUNITIES FOR PUBLIC SERVICE
SECTION 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

ARTICLE 6 THE LEGISLATIVE DEPARTMENT SEC 1
SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Everyone has equal opportunities to run for public office or to serve the public office. Is this a matter of right? Case: Pamatong vs Comelec, April 30, 2004 Atty. Pamatong is a lawyer teacher of UP. He challenged his disqualification as president because he cannot command a national campaign for presidency. So he was disqualifies as a nuisance candidate. SC said that the provision does not bestow a right to seek the presidency. It does not contain a judicial, enforceable constitutional right. It merely specifies a guideline for legislative action. It is not intended to compel the state to enact positive measures that would accommodate as many as possible into public office.

It is not exclusive to congress. There is reservation made for the people to exercise the power as well. LEGISLATIVE POWER The power is not limited to law making: 1. ordinary 2. constituent ORDINARY, when it is an ordinary law being passed. It is not only law the makes law but also people through initiative and referendum CONSTITUENT is the power to propose revisions and amendments to the constitution.

POLITICAL DYNASTY On political dynasty, for as long as there no law yet passed the congress defining what would constitute political dynasty, there is no such thing as political dynasty. There is no definition.

VOTES REQUIRED BY CONGRESS How many votes to propose amendments and revisions to the congress acting as Constitutional Assembly? ¾ votes. And if they are undecided, they can call for Constitutional Convention. How many votes are needed? 2/3 votes. They can ask the people for refenrendum. How many votes are needed? Majorty votes.

SEC 27
SECTION 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

RELATED LAWS 1. Requirement of statement of assets and liabilities The point its, it is a constitutional mandate. Unless there are laws implementing and providing for the measures to go about it, it is just a state principle. SEC 28 TRANSPARANCY
SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

CONSTITUTENT POWER EXERCISED BY PEOPLE If people are to exercise constituent power, how? Through initiative, but limited only to amendments of the constitution. How many percent? 12% and 3% of the registered voters represented by the different districts.

Statement of assets and liabilities Disbursements of public funds, it has to be published There are certain transactions where the law prohibits premature disclosure of information pertaining to government (right of people on matters of public concern)

BICAMERAL TN that the legislative body is bicameral. It consists of two houses: 1. house of senate 2. house or representatives

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CONSTITUTIONAL LAW

Kwin
NUMBER OF SENATORS There are two houses, house of senate consisting of 24 and house of congress consisting of not more than 250. Can this be changed by power of legislation? No. it’s fixed by the constitution. To increase or decrease the membership, you have to amend the constitution. How are they chosen? They are chosen nationwide. NUMBER OF REPRESENTATIVES How about the house of reps? They are 250 unless OW provided by law. Therefore, they may be increased or decreased as determined by law. It is a legislative function. The membership will depend on PROPORTIONATE REPRESENTATION which is determined every after 3 years as a result of a census being conducted. So they are chosen by districts. In the manner of election, it is by districts, not nationwide. NO PREPROCLAMATION CONTESTS Is there a preproclamation contest as regards to members? And where do you file cases involving election contests, qualification and returns of members of congress? Case: Pimentel III vs Comelec, Mar 30, 2008 Like the president and VP, members of congress, as a GR; the preproclamation cases or matters relating to preparation, translation, receipt, custody and appreciation of election returns or certificates of canvass are prohibited. IOW there is no preproclamation contest. But that is no longer a problem now with the automation of the counting of ballots. JUDRISDICTION OF COMELEC – MANIFEST ERROR But if there is a manifest error in the election return, then you have: Affecting composition Proceeding with the board of canvassers Determining of the authenticity and the due execution of the certificates of canvass as provided RA 7166 as amended by 369, These can still be taken cognizance by the Comelec. EXTENT OF THE EXERCISE OF THE POWERS Insofar as the exercise of the power as far as congress is concerned, it is virtually plenary, absolute, no limitations; Except those limitations provided by the constitution or substantive and procedural limitation. SUBSTANTIVE LIMITATIONS (EXAMPLE) 1. matters relating to the constitutional rights of individuals that they must not be violated in the enactment of laws PROCEDURAL LIMITATIONS (EXAMPLE) 1. no bill shall become a law unless it is signed by the president and has passed through 3 readings.

KIND OF LAWS THAT MAY BE PASSED 1. derivative laws 2. original laws ORIGINAL could be from the people themselves. DERIVATIVE is the power that is exercised by congress as delegated when they are elected in an election as members of congress. DELEGATION OF POWERS It may be delegated to certain delegates under certain circumstances: 1. President 2. Administrative bodies 3. Local governments 4. People at large

CASES RELATING TO DELEGATION OF LEGISLATIVE POWERS 1. PRESIDENT’S ORDINANCE POWER It is part of the executive’s rule making authority in implementing and executing constitutional or statutory powers. Indisputably, there are constitutional powers vested in the executive branch that are self executing. The president can also make rules having the force and effect as part of his ordinance power. However, he cannot make rules without a statute or constitutional provision as basis.!!! There has to be a law authorizing him to exercise the power. 2. POWER OF THE SECRETARY OF FINANCE Case: Suartez Cigar June 11, 2009 SC said, unless expressly granted to the BIR, the power to reclassify cigarette brands remains a prerogative of the legislative and cannot be usurped by the former as an administrative body.

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those having the support of a foreign government or organization c.com . In fact there are cities that are created by law that are considered a legislative district. July 16. even if you have less than 2% you can get an additional seat. which is national in character. You need to change the constitution. So basically. 4. They represent the group that is less represented in our sector of society. The power is vested with congress because the apportionment of legislative districts is primarily a legislative function. The other point is. ORGANIZATIONS DISQUALIFIED FOR ACCREDITATION a.DEMO :: http://www. It can be fixed by law.docudesk. So if you have 100 party list. Kwin transcripts Page 50 PDF Created with deskPDF TS PDF Writer . supported by government find HOW TO GET A SEAT OF THE 20% Case: Banat vs Comelec How do you get the 20% allocated for the party list? How much percentage of the votes cast for the party list should be obtained to get a seat in house of reps representing the party list? 2% 2% is only a qualification to get a GUARANTEED SEAT. To consolidate cities to be part of ARMM to create legislative districts. As long as there is available seat from the 20%. the creation of legislative districts is a legislative function. supporter of violent or illegal group d. but not the membership (number of members). This effects the national affairs. So the law creating new legislative districts in ARMM is unconstitutional. To get an additional seat. -one representative for every 250k population -PROPORTIONAL REPRESENTATION -one representative for every province. for the 100 organizations accredited to participate in the election of the party list system. whether the president has the power as a delegated power concerning CHED is under the control of the president. CREATION OF DISTRICTS Case : Sema vs Comelec. So he cannot add or decrease the functions of CHED. SC said no because Comelec does not have the authority. religious sector b. and you are to get 56. WHO MAY BE MEMBERS OF THE HOUSE OF REPS There are two kinds of members: 1. -at least 50 = 20% of 250 members WHO MAY BE PARTY LIST GROUP Party list are the marginalized group. representatives from the party list system 1. The manner of choosing (manner of electing) the senate may be changed by law. is it necessary for you to get 2%? No. regardless of the population The membership may be changed. then there will be 20 organizations who will cases relating to the apportionment of legislative districts in leyte in creation of biliran province It was the Comelec that apportioned the municipalities that would comprise the legislative districts. Only the congress can do that. 2008 Congress cannot validly delegate to ARMM (they have autonomous act to pass laws PVDD not affecting national laws. the power to increase the allowable membership of the house of representatives and to reapportion legislative districts is vested in congress. Case: Review Center Association of the Philippines vs Ermita. and applicable only to autonomous regions) This has something to do with creation of districts in the autonomous regions by consolidating the places in Cotabato to be part of ARMM. 2009 The president has no inherent or delegated legislative power to amend the functions of CHED under RA 7722. it affects the national affairs. 2. SC said that congress cannot validly delegate to the ARMM regional assembly. it results to increase in membership in congress. unlike the senate. they should get 2% for the votes cast of the party list. REPRESENTATIVES FROM THE PARTY LIST SYSTEM While the law says they would comprise 20% of the total members of the house of reps. the power to create legislative districts. No cities will be considered as such without legislative enactment. If only 20 got 2%. AMENDING THE FUNCTIONS OF CHED Under RA 7722.CONSTITUTIONAL LAW Kwin 3. April 2. representatives from legislative districts 2. REPRESENTATIVES FROM LEGISLATIVE DISTRICTS They are chosen from the different districts depending on the population of each legislative district.

You still have 36 left.com . district of representative b. Insofar as the house of reps. they are no less than 250 which can be increased depending on the apportionment of legislative districts. it is a requirement. he may get an additional seat in the house of representatives representing the party list. NUMBER OF MEMBERS As to the number of senators. If it has more than the 250k requirement. it is not required for as long as you are not a member. As long as the municipalities comprising the legislative district are continuous. 2011 LEGISLATIVE POWER It is vested with congress It is the power to propose. acting as a constituent assembly. OTOH. For those getting more than 2. senate 2. exclusively. Kwin transcripts Page 51 PDF Created with deskPDF TS PDF Writer . Constitutional Commission and RA 7941 prohibits major political parties from participating in the party list. by legislative district 2. As of now. In fact. COMPOSITION OF THE CONGRESS We were also discussing the composition o the congress: 1. The law is silent. He is qualified to represent them MAJOR POLITICAL PARTIES Is it allowed for political parties to join party list system? As a political party. we have: 1. in the election of members thereof.DEMO :: http://www.CONSTITUTIONAL LAW Kwin get one seat. It cannot be increased or decreased. It is vested with congress by express delegation of the people to them through the constitution. by party list REPRESENTATIVE OF THE PARTY LIST ORGANIZATION Should you be one of those in the sector to qualify to sit? It is the prerogative of the organization. they are supposed to submit names of nominees. He feels for them. as long as it is type one legislative district. The only change that can be made is the manner of electing them. Case: Arroyo vs Comelec (did not reach SC) He is representing the security guards. not the Comelec. CREATION OF LEGISLATIVE DISTRICT The only requirement in the creation of a district is that. The framers of the constitution intended that the major political parties to participate in party list election through their sectoral whims. we elect them at large or nationwide. He need not be a security guard because you are not electing an individual but a sector. It can be original or derivative. It is one with the people delegated to the congress. they are prohibited because that will defeat the purpose. So major political parties can organize or affiliate with chosen sector/s. if it is a province… there is no requirement as to population. If you go by the intent of the law. He has been fighting bills for the rights of the security guards. amend or repeal the law. But they can represent an underrepresented sector. house of representatives a. party list system. neither the regional assembly of the autonomous region. compact and adjunct with each other to ? avoid GERI MANDARIN – when you create a legislative district that would favor a candidate by selecting only the municipality or cities that are favorable to him. we have 24. To divide the 36 seats left. the house of reps. exercising the constituent power to propose amendments or revisions to the constitution. it will have more. enact. even if far apart from each other. they can have more seats for as long as it is not more than 3 seats. even if they got 1% of the votes cast. EXERCISE OF POWER You have original exercise of the power. June 18. Only congress has the power to apportion or reapportion legislative districts. that is fixed by law.docudesk. you list according to the number of votes obtained from highest to lowest.

organization supported by government funds c. maximum age is 30 years. not change political affiliation or party affiliation within 6 months preceding the election Kwin transcripts Page 52 PDF Created with deskPDF TS PDF Writer . they must have the other qualifications as well provided by law. natural born citizen 2. The reacquisition of citizenship is not a presumption that he has regained his residency as well. able to read and write 4. registered voter 4. even if the organization gets less than 2%. resident in the Philippines for 2 years immediately preceding the election RA 9225 Former natural born citizens who become again natural born citizens. You read the law relating to party list system. RESIDENCY On the residency. that is on the day of election. especially when he has lost his citizenship by naturalization and has not come back to the Philippines until he applied for repatriation under 9225. religious sector b. the party list must have 2% of the votes cast for the party list system. age: 25 years at the day of election -EXPT if representing the youth sector. for as long as it is still covered in the 20%. (during the term of your office)3. on the day he assumed office. resident of the Philippines for at least 1 year . natural born citizen 2. If he has stayed only for one year. domicile of origin 2. organization supported by a foreign government or international organization d. To get a guaranteed seat. On citizenship. PARTY LIST 1. then he is disqualified AGE QUALIFICATION On the matter of age qualification. UNDERREPRESENTED MARGINALIZED GROUPS The provision is on representation of the under represented marginalized groups. CITIZENSHIP On citizenship. then they may still get a seat. RA7941. which commences on the noon time of the 30th day of June following the election… Of course he must have the requirement of residency of 2 years immediately preceding the election.docudesk. it is so provided in the constitution that the ceiling is 20%.com . DISTRICT REPRESENTATIVES 1. For additional seats. there has to be the bona fide intention to relinquish or abandon all residents and these corresponds to the act of abandoning the old residents and transferred to a new residence. as regards to accreditation or registration or the prohibition against sectoral organization or political party or coalition of sectoral organization like accreditation of a. Provided that they are representing a particular sector. age: 35 years at the day of election 3. The abandonment must actually correspond to his acts by actually abandoning and transferring to another residence. promotes the use of violence Go over with these prohibition. NUMBER OF MEMBERS IN THEPARTY LIST As to the number of members coming from the party list. POLITICAL GROUPS Would these in clued marginalized groups as well? YES. Case: Aquino vs Comelec It is not enough for him to say that he has already transferred residence. it is synonymous to domicile. domicile of choice Should there be a change of residence or domicile. registered voter 4. He has to show that indeed he had the intention to abandon his former residence. For as long as he regained citizenship before he assumed office.DEMO :: http://www.need not be a resident of the place where the organization is established 5. bona fide member of the organization he represents within the period of 90 days before election 6. registered voter 5. resident of the district in the Philippines for at least 1 year B. should they run for senate and for congress. That is on the assumption that he has all the qualifications provided for by law. the limitation is not for more than 3 seats QUALIFICATION OF MEMBERS OF CONGRESS (SENATE) 1. age: 25 years at the day of election 3. You have either: 1. not on the date of election. If you are to get additional seats. QUAIFICATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES A. natural born citizen 2.CONSTITUTIONAL LAW Kwin RA 7941 – PROHIBITIONS ON ACCREDITATION The party list must be accredited by the Comelec. the reacquisition there is on the assumption of office.

that is considered as one whole term HOUSE OF REPRESENTATIVES -3 years. But the senate is continuous. ELECTIONS 1. 2010 On the accreditation of Ladlad.DEMO :: http://www. has satisfied that the exacting standards that the marginalized and under represented sector must demonstrate. that they are considered as immoral. bisexuals or transgender individuals. is an organization composed of men and women who identify themselves as lesbians. Thereafter. insofar as the matter of its accreditation. VACANCY SPECIAL ELECTION . according to SC has no place insofar as the government is concerned. regular election 2. RA 7941 You just go over RA 7941 especially on the requirements in order to be accredited as a party list. past subordination or discrimination suffered by the group 2. Because if you say they are disqualified because of their religious orientation. TN of RA 6645. Because of the staggered basis of the term of office of the senate.CONSTITUTIONAL LAW Kwin STANDARDS TO DETERMINE WHETHER A GROUP OS MARGINALIZED OR UNDERREPRESENTED Case: LGBI vs Comelec. TERM But the senator or member of the house who may be elected in a special election will only serve the unexpired term of his predecessor. where it has provided for a special procedure on how to call for a special election to fill up the vacancy. immutable or distinguishing characteristic or attribute or characteristic that distinguish or define them as a discrete group and present political and economic powerlessness SC said that they have been historically disadvantaged and discriminated against because of negative public perception and has even alleged acts of violence perpetrated against their members by reason of their sexual identification and gender identity. how is this done? 1. you have the continuity. The term of office of the senate is on staggered basis.com . when we go into the non establishment of religion. They will just have to wait for the next election. there was the disqualification of Ladad for being immoral. April 8. or 1 year in the house of representatives. LIMITATION TN there cannot be a special election in the senate if the vacancy occurs less than 18 months before the next election. after the expiration of the period of time of three terms then there is an interruption until the election of members. SPECIAL ELECTION – HOW In the even a special election is held. The magnitude of opposition against petitioner’s participation in the party list system is by itself demonstrative of the sector’s lack of political power. called 3. not be for more than 2 consecutive term -voluntary renunciation of once office regardless of period of time shall not be considered interruption insofar as continuity of the term of office for purposes of determining successiveness of the term -even if one has not completed his term and he resigns. SC. The same is true with the members of house of representatives. So for the first 12 when we had election in 1992.DISCRETIONARY In the event a vacancy occurs in the house of senate or in the house of representatives. You have: 1. So too is the fact that proposed legislation seeking to prohibit discriminatory treatment have been languishing in congress. But in the event they call for a special election in case of vacancy. considering that the government has no religion. Unlike the house of representatives. gays. to the continuity of his term of office. Because it is very expensive to hold a special election. not be more than 3 successive terms -voluntary renunciation is not considered an interruption as Kwin transcripts Page 53 PDF Created with deskPDF TS PDF Writer . we call for a SPECIAL ELECTION. declaration of vacancy or certification of the respective house concerned 2. held within 45-90 days from the date of the resolution or certification In the different view. serving for 6 years and the last 12 served for 3 years. But the calling for a special election is discretionary on the house concerned. it is practically a continuing body. The term of office of 12 of the senators will serve for 6 years. special election REGULAR ELECTION is being held in the second Monday of may and three years thereafter. TERM OF OFFICE OF MEMBERS OF CONGRESS SENATE -6 years. that was also the reason why they should be accredited. So they represent the marginalized group.docudesk.

He said that being a congressman. For as long as congress is in session. PERKS OF CONGRESS: CONGRESSIONAL IMMUNITIES There are only two legislative immunities: 1.docudesk. NOT INCLUDE DISORDERLY BEHAVIOR TN this does not include liability of the member of congress that may constitute disorderly behavior. Whatever statements he made. Can they be increased or decreased? INCREASE They cannot enjoy the increase until the term of office of all the members who approved the increase shall have expired. The presumption of innocence include the enjoyment of privileges and rights provided by law. He is not like Jalosjos who has been convicted. he is immune from any suit relating to his speeches so that he can discuss and debate with anyone for any issues relevant subject to legislative enactment. Salaries are determined by law. There cannot be a preference to congressman OW there will be a violation of equal protection clause in the enforcement of the criminal laws. He said also that by PARLIAMENTARY IMMUNITY which is the freedom from arrest and detention. this is a privilege and a way of an exception only when one is allowed to enjoy this immunity without any condition or is absolute. while the congress is in session.DEMO :: http://www. This is subject to tax. Trillanes insisted that he still had the presumption of innocence. TN that in some cases. as he is charged with coup d’ etat.CONSTITUTIONAL LAW Kwin SALARIES OF SENATORS AND MEMBERS OF CONGRESS They shall be determined by law. Immunity is limited only to civil and criminal liability. he was already convicted as congressman. COVERED This extends to committee hearings and even agents of the legislators in their reports. DECREASED It is effective immediately.com . the presumption of innocence does not carry with it the full enjoyment of civil and political rights. the history of that provision granting senators and congressman immunity from arrest and detention shows that the privilege has always been granted in a restrictive sense. WON the member is actually attending the session. FREEDOM OF SPEECH The freedom of speech means that you cannot be sued for civil damages or libel or slander. freedom from arrest FREEDOM FROM ARREST When one is charged with an arrest whose imposable penalty is not more than 6 years of imprisonment. this immunity from arrest and detention cannot be availed of by the senator. SC said. freedom of speech 2. He wanted to be escorted by the jail guards in order for him to attend the session in congress. His case was still pending however it was not bailable. Case: Jalosjos Jalosjos was convicted and was confirmed by SC. Anything that is communicative in nature is included in the immunity. being a member. Case: Trillanes IV vs Pimentel Same reasoning in this case. Case: Osmena vs Pendaton You can still be held administratively liable but not criminal or civil. It is not only limited to oral utterances. he should enjoy that privilege. But not administrative liability. So SC said. if it is relation of course to the matter that is subject to discussion. At the time. Following the equal protection of laws. he is immune from arrest. he is practically exonerated by his election to the office. SC said that there is no distinction between the two cases. Kwin transcripts Page 54 PDF Created with deskPDF TS PDF Writer . This is to avoid conflict of interest or graft and corruption. This does not include allowances.

they also have some prohibitions for being members of congress. it is a voluntary organization that does not have government assets and does not receive any appropriation from congress. This does not include consultation and signing pleadings in cases pending any courts of justice. Becoming financially interested in any contracts of government 4. (3) Each House may determine the rules of its proceedings. Appearing as counsel before any court of office. What are some of the prohibition? 1. A penalty of suspension. SC said. for as long as he was chosen by the majority of the members of the house. the PNRC chairmanship may be held by any individual including a senator. Any court of justice includes appellate courts. Cannot intervene in any matter before any office of the government This is part of transparency and public disclosure. 3. Sessions in congress may either be: 1. be entered in the Journal. in its judgment. Sundays.docudesk. or increase its salary or allowances. and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session. as such House may provide. punish its Members for disorderly behavior. shall not exceed sixty days. Each House shall also keep a Record of its proceedings. unless a different date is fixed by law. The prohibition is only against personal appearance. and under such penalties. Each House shall choose such other officers as it may deem necessary. Gordon may serve as chairman without giving up his position. You cannot be appointed to other positions of the government. (2) A majority of each House shall constitute a quorum to do business. electoral tribunal. and the yeas and nays on any question shall. The Senate shall elect its President and the House of Representatives. Not being a government office. regular 2.CONSTITUTIONAL LAW Kwin PROHIBITION If they enjoy some perks. without the consent of the other.com . Gordon did not relinquish his senatorial post despite his election to and acceptance of the post of chairman of the Philippine Red Cross. its Speaker. Unless you resign. like forbidden appointments. The President may call a special session at any time. OFFICERS OF CONGRESS -IMPORTANT PRINCIPLE IN ELECTION OF OFFICER B4 START OF SESSION: election of officers by MAJORITY VOTE IOW even if the president comes from a minority political party. ADJOURNMENT OF SESSION -they have to inform each other if they have to adjourn. Sundays and legal holidays SPECIAL SESSION -when congress is in recess and president calls for a special session -it is the president who calls for this session to attend to certain important urgent matters that need immediate attention by congress. he is never precluded to be elected in the position of majority floor leader or as the president of the senate. and from time to time publish the same. but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner. excepting such parts as may. Case: Liban vs Gordon. and legal holidays. you cannot be appointed to that office. If you are appointed to an office that is inconsistent to being member of congress. suspend or expel a Member. with the concurrence of two-thirds of all its Members. you are considered to have forfeited your seat. if you are responsible for the creation of that office. There was a question on his appointment that he should vacate his position as senator having been appointed.DEMO :: http://www. when imposed. (1). even if you resign. nor to any other place than that in which the two Houses shall be sitting. exclusive of Saturdays. or a member of the house of congress. SEC 15 SECTION 15. Jul 15. 2009 Gordon is also a chairman of Red Cross. PNRC is autonomous. adjourn for more than three days. and. The Congress shall convene once every year on the fourth Monday of July for its regular session. quasi judicial and administrative bodies. (5) Neither House during the sessions of the Congress shall. neutral and independent from the Philippine government. (4) Each House shall keep a Journal of its proceedings. 2. PNRC chairman is not a government official or employee. at the request of one-fifth of the Members present. But in other cases. The only requirement is that he is chosen by majority of the Kwin transcripts Page 55 PDF Created with deskPDF TS PDF Writer . and not in separate places SEC 16 SECTION 16. affect national security. by a majority vote of all its respective Members. Because PNRC is a private organization merely performing a public function. special REGULAR SESSION -every 4th Monday of July -shall continue as determined by them by law until 30 days before the next opening of regular session -exclusive of Saturdays.

Kwin transcripts Page 56 PDF Created with deskPDF TS PDF Writer . insofar as they affect the members of congress. other members arrived and we have now 20. how do you remove a member of congress before the expiration of office? Certainly not by impeachment. Only for DISORDERLY BEHAVIOR. Because even if congress wants to and issue a warrant of arrest. He said that it was passed when there was not quorum. The SC cannot interfere unless there is violations of the provisions of the constitution. You have 24 members in the house of the senate. For as long as he is within the jurisdiction of the house. When they deliberate. VOTES How many votes are needed to expel a member of congress? 2/3 votes of the members for the house concerned. SC cannot inquire into the allegations that in enacting a law. it has to be based on the coercive power of the house concerned. how many votes are needed in order to pass a law? Majority of the quorum. But this is on the presumption of a quorum (50% plus 1). That’s why quorum is important. that starts with the quorum. Case: Joker Arroyo vs de Vinecia There was a question on WON there was a quorum at the start of the deliberation of the bill. It is possible that at the start. The court will not assume jurisdiction in any case which will amount to interference of judicial department with the legislature. Therefore there was no majority. Parliamentary rules are mere procedures which may be waived or disregarded by the legislative body. not even by the office of ombudsman. he can still be considered in the determination of quorum. the discipline of the members of the congress is exclusive to the house concerned. Of course. One of whom is in the hospital and one is on vacation abroad. NOT SUBJECT TO REVIEW BY COURTS Is this subject to review by the courts? NO. And still if he is absent. there were 13 attending. However. Example. SHIFTING MAJORITY PRINCIPLE As the attendance increases.docudesk. DETERMINATION OF QUORUM The matter of determination of quorum will be based on the internal rules of congress. SC said that is up to the house concerned. In determination of quorum.com . there is also an increased number of majority in the passing of the law. And therefore. then that can be reviewed by SC in exercise of its judicial review powers. This is with regards to Pendaton being censored. The definition if disorderly behavior is discretionary in congress. ☺ But for one who is abroad. when there is ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION in the discipline of members of congress. then the majority required to approve a legislative enactment will also increase.DEMO :: http://www.CONSTITUTIONAL LAW Kwin house. It must be established at the beginning of the session. he may be compelled. They make their own rules and regulations. unlike in impeachment where there is 6 grounds. But in the course of the session. That includes the one in the hospital because he can still be coerced in a stretcher. where the house has the power to compel the member to attend the session even if he is sick. They have their own rules It is a factual matter and it is not for SC to interfere because of separation of powers. what would be the basis of 50% plus 1? 23. the house of congress filed to comply with its own rules in the absence of showing that here was a violation of the constitutional provision or private rights. EXPT: JUDICIAL REVIEW Case: Osmena vs Pendaton SC said. GROUNDS – DISORDERLY BEHAVIOR For what grounds? There is only one ground. the house of representatives is the judge of what constitutes disorderly behavior. our warrant is nothing abroad because congress hs no authority outside our territory. DISCIPLINING OF MEMBERS OF CONGRESS If you can impeach some impeachable officers like the president. A quorum is not based on the total membership but the members who may be coerced or compelled to attend the session. all that is needed to approve the law is majority of 13. To maintain their independence. he will not be considered.

being a quasi judicial body determining election contest. it does not preclude the courts to place someone under preventive suspension because of the pendency of the criminal case before the courts. It was asked by the office of the prosecutor when he became a member of congress to suspend him preventively while the criminal case in SB is pending. for as long as they qualify the qualification of proportionate representation.DEMO :: http://www. then it should be an expulsion. Commission on Appointments CONSIDERED AS ELECTORAL TRIBUNAL It is the sole judge of election contests relating to election. While it is true that the matter of disciplining its members is exclusive to congress. you cannot just choose them from one political party. Kwin transcripts Page 57 PDF Created with deskPDF TS PDF Writer . will there be a chance for one sectoral organization to be elected in the electoral tribunal? SC said. The basis of the election to the electoral tribunal to represent a political party is by proportional representation from political parties including the party list. Suspension MAXIMUM PERIOD If the intention of Congress is to suspend a member of the house for more than 60 days. you become independent from your political party that you represent. 6 others are coming from political parties by proportionate representation. Perhaps they can join coalist with other sectoral organization in the party list just to make sure that they can get a seat in the electoral tribunal. It is just a precautionary measure. Electoral Tribunal 2. returns and qualification of members of congress. A member of congress can only invoke immunity from arrest for relatively minor offenses punishable at most by correctional penalties. it is a precautionary measure so that the evidences would not be tampered neither would the members of the congress use his office in order to intimidate possible witnesses of the criminal case in the SB. You go by the number of members consisting a political party. ADJUNCTS OF CONGRESS-OFFICES EXTENSIONS OF CONGRESS 1. And then divide that by the number of the member of the house and multiply it by 6 allocated for the political party. Case: Paredes vs Sandigan bayan He was then the Secretary of Health when he was charged by the SB. They have to be proportionate. Should it be more than 60 days. It was never the intention of the framers of constitution to show the members of congress from the consequences of his wrong doings. Expulsion 2. 3 of whom are justices of SC. You have two senators from the political party of Liberal party.docudesk. SB placed a member of congress under preventive suspension without violating the exclusive power of congress to discipline its own members. The change of political party or the removal of a member of electoral tribunal from the political party will not be a ground for the removal from the electoral tribunal itself. SET – Senate Electoral Tribunal 2. SC said that that preventive suspension imposed by the court is not yet a penalty.CONSTITUTIONAL LAW Kwin Case: Jalosjos Did his election as congressman condone his criminal conviction? SC said. The maximum suspension therefore that can be imposed by a member of congress for disorderly behavior should not be more than 60 days.com . This is to maintain the impartiality of the electoral tribunal. INDEPENDENCE OF MEMBERS FROM POLITICAL PARTY TN the moment you are chosen in the electoral tribunal. his election as congressman did not amount to condonation of his offense. There is no similarity here because what is contemplated as exclusive to congress is the penalty of penalizing disorderly behavior. Neither does it entitle him pending appeal to be free from confinement and to be allowed to attend session of congress for the people elected him with full awareness of the limitations of his freedom of action and movement. In the case of SB. IOW. KINDS There are two electoral tribunals: 1. PENALTIES 1. HRET – House of Representatives Electoral Tribunal MEMBERSHIP Both consist of 9 members each. Example. it is for congress to determine how they can go about it. then he might as well be expelled. 2 X 6 = number of representation in the tribunal 24 What about representative coming from the party list.

There is no contest because there is no defeated candidate filing an election contest in order to replace him. IOW the Comelec should not be divested of its jurisdiction over the case yet. his votes were not counted and his rival was proclaimed as the duly elected. JURISDICTION What is the jurisdiction of the electoral tribunal? All contests… When you say contests. But if it is necessary to specify. the holding of the election campaign and the passing in counting of the votes. he won the election. The moment he is proclaimed validly as a member.CONSTITUTIONAL LAW Kwin Case: Bundoc vs Pineda Here is a member of the electoral tribunal who was expelled from the political party that he was representing because he voted against a candidate of the political party in an election contest that was held for the electoral tribunal The question there is. he was able to file his appeal seasonably with the Comelec en banc and the decision was reversed saying that it was Cudilla who won because he was not disqualified. it should have been filed with the electoral tribunal because he is a member. any questions pertaining to qualifications of that member should be resolved by the Comelec. There is no contest because this pertains to a qualification of a member. Should it be electoral tribunal? Instead of electoral tribunal. What is the jurisdiction of the Comelec? Remember that there is no pre proclamation contest involving members of congress.docudesk. you can say that ELECTION refers to the conduct of the post including the listing of voters. So that matters pending with the Comelec could be a disqualification case at the time of the filing of certificate of candidacy which was not even despite the election of the candidate. Here is a candidate running for the senate. Because the jurisdiction of the electoral tribunal is limited only to contests. He filed for certificate of candidacy and a case for disqualification was filed against him in the Comelec. according to SC. while the election was on going. it should be interpreted to its totality as referring to all matters affecting the validity of the contestee’s or protestee’s title. Because his seat is permanent and he is independent from the political party. QUALIFICATION refers to matters that could be raised in a quo warranto proceedings against the proclaimed winner. This was clarified in the case of: Case: Barbers vs Comelec What has been referred to as election returns and qualifications within the jurisdiction of electoral tribunal. he was elected. For as long as the candidate has not been proclaimed yet. there has to be two parties: 1. A case of disqualification should have been filed in earlier at the time of filing the certificate with the Comelec. no. you file it with the house concerned for his exclusion as a member to protect the integrity of the house that only qualified members should become members of the house. Daza’s term of office has already expired. protestee The protestant is the defeated candidate against the winning candidate who has been proclaimed and had assumed office as a member of congress. Case: Cudilla vs de Vinecia Cudilla was disqualified by a division of the Comelec because he was accused of an election offense. delivering of gravel. if the person you are trying to remove has already become a member of the congress. this is within the exclusive jurisdiction of the electoral tribunal. it has already become moot and academic because at that time. despite election period which is an election offense. According to a complainant he had this infrastructure. If there is no contest. Despite the pendency of that case. Example. It was dismissed because in the first place. Case: Sumaya vs Daza There was an accusation that he was a green card holder of US and thus moved for disqualification. ineligibility or inadequacy of his certificate of candidacy. Despite the resolution of the division of Comelec disqualifying him. RETURNS refer to the canvass of the returns and the proclamation of the winners including questions concerning composition of the board of canvassers and the authenticity of election returns. In the mean time. As long as there is no proclamation yet of that candidate as member of the congress. They filed the disqualification case in the SC. would that mean removal because he does not anymore represent the political party? SC said. He is not at all there to replace him in the event this candidate or member is removed because of qualification. then you file a quo warranto proceeding with the electoral tribunal. Kwin transcripts Page 58 PDF Created with deskPDF TS PDF Writer . such as his disloyalty. protestant 2.com . Comelec still has jurisdiction.DEMO :: http://www. Because of the disqualification.

they were already been divested of jurisdiction because Limkaichong has already been proclaimed as a duly elected member of congress. Case: Berauco vs Nograles. According to the complainant. Since the proclamation is invalid. So in the case of Lmkaichong. you are duly proclaimed as elected candidate. There was an appeal seasonably filed. It is the SET which has exclusive jurisdiction to act on the complaint of Pimentel involving as it does a contest relating to the election of Zubirri. In which case. therefore. the father was not a naturalized citizen because the proceedings was invalid. she was proclaimed as duly elected. the Comelec was never divested of his jurisdiction over the disqualification case. a disqualification case was filed against her for lack of the required requisite of citizenship. In this case. there was a resolution of the Comelec saying that all the candidates notwithstanding the pending cases. Paras went all the way to SC because the disqualification case was dismissed. He does not have to file a Quo Warranto proceedings in the electoral tribunal because that is already an pronouncement that he is the duly elected representative of the district of Leyte. there was an appeal but there was a resolution saying that pending the resolution of the disqualification case. without prejudice to the continuation of the proceedings in a proper forum. a resolution was passed and Limkaichong was then declares as duly elected and she became a member of congress. that makes Limkaichong ot a Filipino. taken his oath of office and assumed office as member of the house of representative. So it should have been the Comelec to recognize that he is a member. Now that she is a member of congress. it is with the SET.com . The proclamation of the winning candidate divest the Comelec of jurisdiction over matters ending before it at the time of proclamation. You continue the proceedings with the electoral tribunal this time. According to Comelec.DEMO :: http://www. Is de Vinecia correct? SC says. And because the father was not a citizen of the Philippines. Paras vs Nograles. See the difference in the circumstances in the case of Cudilla and Limkaichong. Before the election.CONSTITUTIONAL LAW Kwin So Cudilla went to de Vinecia to ask him to let him assume office because he was a duly elected representative of Leyte per resolution of the Comelec en banc.docudesk. De Vinecia told him to file his Quo Warranto proceedings in HRET because Locsin has already been proclaimed as a member of the house. Comelec’s jurisdiction over the election contest relating to election returns and qualification ends. It says here that after the proclamation of the winning candidate in the congressional elections. In Cudilla. 2008 Pimentel went to SC and asked for an injunction to stop the proclamation of Zubirri because he wanted to get the election returns from the ARMM. Mar 13. it is as if no member has been proclaimed as such. You are not questioning the results of election. Despite the pendency of the disqualification case. SC said hat they do not have jurisdiction on the matter anymore because the matter of determining election contest relating to election returns in qualification is exclusive to the electoral tribunal. And the HRET jurisdiction begins. Billondo vs Comelec Once the winning has been proclaimed. Comelec is Kwin transcripts Page 59 PDF Created with deskPDF TS PDF Writer . shall be proclaimed as duly elected. It is not a matter of administrative proceedings. Zubirri was already proclaimed as duly elected senator. now a member of the senate. qualification or disqualification is to file before the HRET a petition for election protest or a petition for a quo warranto within the period prescribed by the HRET Rules. And the exercise of the quasi legislative function of the Comelec passed a resolution that all those who have won the election without prejudice that the pendency of disqualification case should be proclaimed as the duly elected candidate. the remedy of those who may assail its eligibility or ineligibility. because the proclamation of Locsin was premature. divested of jurisdiction over the disqualification case. Case: Zubirri vs Comelec . no. In Limkaichong. Case: Limkaichong Limkaichong ran as congresswoman in Negros Oriental. Limkaichong won the election.

Regular members of the judicial and bar council 4. Members of AFP From Captain to Corporal in the navy or Cornel to General in the ARMY. They should act within the period of 30 days while congress is in session from the submission of the nomination. And thus the decision of the electoral tribunal was sustained. it was absent. APPOINTMENTS Appointments could either be regular or ad interim on the part of the president. Heads of executive department 2. Except when there is an allegation of abuse of discretion amounting to lack or in excess of jurisdiction. APPOINTMENT DURING RECESS If the president makes an appointment while congress is in recess. Ambassadors.DEMO :: http://www. Officers whose appointment are vested in the president by the constitution a. even if those referring to I have enumerated. it could mean regular or special session because there is no distinction.com . CoA can only hold session while congress is in session. Talking about regular appointments while congress is in session. COA commissioner c.CONSTITUTIONAL LAW Kwin NO APPEAL OF DECISION OF ELETORAL TRIBUNAL Where do you appeal the decision of the electoral tribunal? Their decisions are final and executory.docudesk. if it is only in acting capacity therefore temporary in nature. APPOINTMENTS REQUIREING THE CONFIRMATIN OF CoA 1. By next adjournment. COMMISSION ON APPOINTMENTS MEMBERSHIP It consists of 12 senators and 12 members of the House of Reps presided over by the President of the senate FUNCTION The main function is to act on nominations by the president on certain appointments where the constitution requires the confirmation by the Commission of Appointments. Civil service commissioner d. PROCEDURE One the matter of procedure. The grave abuse of discretion must be so patent and gross as to amount to an evasion and refusal to perform any duty enjoined by law. appointment of those I have enumerated must require confirmation to make the appointment permanent. the president is not compelled to submit the names to the CoA for confirmation because of the nature of appointment which is only in acting capacity and that is discretionary on the president. If it is REGULAR APPOINTMENT. In this case. therefore CoA is likewise in recess. 3. what is the nature of the appointment? It is permanent but immediately it is effective upon qualification of the appointee but will last only until the next adjournment of the congress if it is not confirmed. Comelec commissioner b. Such grave abuse of discretion implies capricious and whimsical exercise of judgment amounting to lack of jurisdiction or arbitrary and despotic exercise of power because passion and personal hostility. consuls and other public ministers These cannot be expanded by ordinary legislation. Case: Abubacar vs HRET Jurisdiction of SC to review the decisions and resolution of HRET operates only upon the showing of grave abuse of discretion on the part of the tribunal tantamount to lack or in excess of jurisdiction. Kwin transcripts Page 60 PDF Created with deskPDF TS PDF Writer .

at least a political party is represented by 2 members in order to qualify to get a seat in the CoA. if you include the president of the senate. you are removed as a member of CoA. But there is no need to fully fill up the 24 membership in the CoA. The prohibition against reappointment applies only to a regular appointment. NUMBER OF MEMBERS There are 24 members all in all. You have affixed term of office without reappointment. confirmed by the CoA. he had finished his term. PROPORTIONATE REPRESENTATION from the political parties. because the appointment was ad interim. the president can still make an appointment even for a secretary of a department. his appointment expired. If it is an ad interim appointment. there is a prohibition against reappointments. But for an ad interim appointment. it will last only upon the next adjournment of the congress and therefore expires if not confirmed. If it is only by passed. REAPPOINTMENT Can you be reappointed or renominated to the same position? Yes. He was again reappointment by the president. Upon the next adjournment he can still be renominated to the same position. you can be renominated. you can go back to your previous position because the effectivity of appointment is upon confirmation. For as long as it is not disapproved. CHANGE OF POLITICAL AFFILIATION And this is highly partisan in the sense that the moment that you seize to be a member of the party.CONSTITUTIONAL LAW Kwin So if the congress is not in recess. it will last until 30 days before the opening of the next regular session. Case: However in the case of this commissioner. EFFECT OF NON CONFIRMATION ON PREVIOUS POSITION Can you go back to the previous position if not confirmed? If it is a regular appointment. If it is a special session. then he cannot anymore be reappointed. You may be renominated but you cannot go back however to your previous position. ADJOURNMENT OF SESSION The adjournment can be of a regular session or a special session. Once confirmed you become a commissioner for a fixed term. This has always been by passed by CoA until the president appointed him in an interim appointment. it is determined by law. he was nominated by the president to be the chairman of the Comelec. MEMBERSHIP OF CoA It is the same. you can be renominated. meaning it is not acted on within 30 days from its submission to the CoA.docudesk. automatically. Because he was not confirmed by CoA. But if the congress is in recess.com . If you it is only a coalition. It is upon their discretion. The change of political affiliation has to be permanent. they should follow that there is confirmation. as long as: 1. not a regular appointment. it shall last only until the next adjournment of congress. Was there a violation of the prohibition on reappointment of the commissioner? No. that is not considered a permanent change of political party affiliation to remove you as a member of CoA. meaning appointed or nominated by the president. immediately permanent. Case: Matibag To be appointed to the Constitutional Commissions. Unless it is confirmed by the CoA. 25. Kwin transcripts Page 61 PDF Created with deskPDF TS PDF Writer . upon the next adjournment of congress. This appointment being referred to here that is prohibiting a reappointment refers to an appointment that is regular and confirmed by the CoA. after the termination of the special session by congress after they are being called by the congress. you cannot be anymore reappointed upon the expiration of the term. they constitute majority of the membership 2. It is still permanent but the duration is limited. In which case. it is effective immediately upon the qualification. If it is a regular session.DEMO :: http://www.

or it will affect the integrity of the office of the president. are those information asked by the senate executive privilege? SC said. or By the authority of the president invoked by the executive secretary. ask the president first. under the separation of powers. They are not accused. it will discharge the functions of the president. The information being held by the cabinet member that the president may invoke executive privilege. but it is the information that you are in possession with because it involves the privilege of the president. SC said. Where you dictated to prioritize ZTE? 3. It is not by the position that you hold as a cabinet member that makes you exempt from legislative inquiry. Senate wants to know what was the reaction of the president. LEGISLATIVE INQUIRY It is the power of congress to inquire into any matter that may be a subject of legislative enactment. the communications illicited by the three questions. Neri can be considered as a close adviser being a member of the Cabinet. It is not the cabinet member who enjoys the executive privilege but it is the president. Are covered in the president’s communication privilege. EXECUTIVE PRIVILEGE EO 461 Case: Drillon vs Executive Secretary Arroyo passed an Executive Order 461 on Executive Privilege. first. there is no adequate showing of a compelling need that would justify the limitation of the privilege and the Kwin transcripts Page 62 PDF Created with deskPDF TS PDF Writer . Third. they continued to harass Neri. So then. Notwithstanding the invocation of the executive secretary of the executive privilege of the president. to determine WON information will affect the office of the president. they become defensive. Either it is pending or not pending at all. He said that he told the president about it. WITNESSES So those persons who may be summoned to appear before a legislative inquiry are witnesses. for as long as it will help congress in formulating a law. So if one is served with summons to appear.com . The communications are received by a close advisor of the president under the OPERATIONAL PROXIMITY TEST. they would say. So they cannot invoke the right against self incrimination because it is supposedly an enlightening session. and it cannot be disclosed. that can only be invoked by the president. He was saying $250m. Whether the president followed up the NBM project 2. The question there is. However. being offered by the Chairman of the Comelec. Whether the president said to go ahead and approve the project after being told about the alleged bribe. 1. help them in legislation. he can invoke the executive privilege and not allow cabinet member to testify or to appear in committee hearing. Is it correct for the president to invoke executive privilege? SC said yes. Senate wanted to know this. house or Committee Hearing without her consent. saying that cabinet members should not appear in a legislative inquiry either in Congress.CONSTITUTIONAL LAW Kwin AIDING IN LEGISLATIVE ENACTMENTS LEGISLATIVE INQUIRY and QUESTION HOUR as part of the oversight function of congress. Then you have Drillon questioning the constitutionality of EO 461.docudesk. The president timely invoked executive privilege. if the president thinks that the information Congress wants to inquire into is privileged. the power to enter into executive agreement with the other countries. So SC partially nullified the provisions of EO 461. HOW TO INVOKE EXECUTIVE PRIVILEGE How does the president invoke executive privilege? By the president himself saying that it is an executive privilege. And sometime we would wonder why in the course of the session. IT IS NOT EXTENDED TO THE CABINET MEMBERS. Case: Neri vs Senate Committee WON the information that the senate wants to look into was an executive privilege. Precisely. in fact because he did not appear anymore in the senate. You as a witness to enlighten congress. Neri disclosed that there was an offer of bribe to him just to approve the broadband contract with ZTE. It is an executive privilege. Neri invoked the executive privilege of the president saying that he cannot disclose. SC sustained Neri’s right with the invocation of the president of the executive privilege. they issued an arrest order for contempt. And so they have to stay the purpose of the summons of this cabinet member so that to give time to the president to invoke the executive privilege. This authority of the president to enter into executive agreements without concurrence of legislature has been traditionally recognized in the Philippine jurisprudence as confidential. the communication refers to a non delegable power of the president.DEMO :: http://www. one has to ask the president if the information being held by the cabinet member that the congress wants to inquire into is an executive privilege.

defining what may be considered as executive privilege. NATURE OF EXECUTIVE PRIVILEGE It is the implied power of the president to withhold information requested by other branches of the government. city negotiation by petition 5. neither can the court issue an injunction to enjoin the implementation of contempt made by congress unless of course there is an abuse of that discretion amounting to lack of in excess of jurisdiction. discussions or deliberations during a cabinet hearing 2. You can get the information elsewhere. that is also executive privilege. Examples: 1. As officially in control if the nation’s foreign service. several decision have recognized executive privilege starting with 1995 case of: Case: Almonte vs Vasquez On the SALN being confidential. The constitution does not expressly grant this power to the president but courts have long recognized implied presidential powers necessary and proper in carrying out powers and functions expressly granted to the executive under the constitution. matters relating to the president’s power as a commander in chief with respect to military secrets or strategy These are information that may not be disclosed to congress even if a cabinet member is summoned by congress to appear. to give teeth to that power OW it will be useless to call people and give them option to attend or not. but inherent in the power of congress to conduct investigation. and cannot be encroached upon by the two other branches of the government due to separation of powers. 2011 LEGISLATIVE INQUIRY It is the power of congress to inquire and investigate on any matter WON there is a pending subject matter on legislation which includes the power of contempt.com . IOW in this case. Kwin transcripts Page 63 PDF Created with deskPDF TS PDF Writer . if cited for contempt in a legislative inquiry. 2. Case: Neri vs Senate In fact. This jurisdiction. 3. as chief executive the president is ultimately responsible for the military and national security matters. Executive agreements entered into by the president. the president cannot grant him pardon. POWER OF CONTEMPT The power of contempt may not have been expressly granted in the constitution. The information that is in the possession of the president or of his executive officer or cabinet members that cannot be disclosed even to congress and to public at large for it might affect the office of the president or his integrity. conversation with consultant for policy making 4.DEMO :: http://www. Case: Chavez vs Public Estate Authority Case: Senate vs Ermita OTHER MATTERS COVERED IN EXECUTIVE PRIVILEGE – BY JURISPRUDENCE 1. As the commander in chief.docudesk. June 20. EXECUTIVE PRIVILEGE There are certain information that may not be disclosed such that matter of executive privilege of the president. diplomatic negotiations. conversation between the president and advisors 3. 4.CONSTITUTIONAL LAW Kwin availability of the information elsewhere by an appropriate investigating authority. Internal deliberations to the president by his cabinet There is a pending bill limiting the executive privilege of the president. LEGISLATIVE POWER OF CONGRESS This power is discretionary. the executive privilege was sustained.

CONSTITUTIONAL LAW Kwin BALANCING OF EXECUTIVE PRIVILEGE However. SC says. he cannot be compelled because after all. it still has to be looked into by SC. It cannot penalize the violators even if there is overwhelming evidence of criminal culpability. IOW it is not absolute. the person being summoned to appear on committee hearing to shed light on matters that might be of help to congress in the making of law may not be compelled if it might violate the separation of powers between the legislative branch and the judiciary. it is the very matter or if they want to inquire about it. there might be a case filed against them. There were cases filed with SB. there is a case filed in the trial court and what happened was that there was an inquiry of a transaction relating to a purchase of a property in Mindanao. It can only recommend measures or remedy which may be unearthed during investigation. SC sustained the separation of powers by stopping the legislative inquiry as there was already a case filed in court. Which of these two equally important interest must be given priority? Executive privilege? Or the three other public interest? CASES Case: Senate vs Ermita This is the declaration of the unconstitutionality of EO 464 on Executive Privilege. the right of people to information on matters of public concern insofar as the public at large 3.DEMO :: http://www. insofar as the exercise of the power of SC and other courts in the settling of disputes.docudesk. It can assert its authority and punish contentious acts. And how to balance it. Case:Neri vs Senate They discussed what kind of privileges of the president that the president or his cabinet members cannot be compelled to disclose. saying that there is already an investigation conducted by the Central Bank. Case: In contrast of that. supposedly. the mere filing of a criminal or administrative complaint before court or quasi judicial body should not automatically bar the conduct of legislative inquiry OW it would be easy to subvert inquiry of the congress through the convenient ploy of instituting a criminal or administrative complaint. Thereafter. Case: Standard Chartered Bankvs Senate Committee The officers of Standard Chartered Bank had to appear before the committee who are in charge of banking transactions because of possibility of violations of law that might affect the economy of country and what they did was that the officers of the bank asked for injunction to stop the inquiry. The exercise of congress or any of its committee of the power to punish contempt is based on the principle of self preservation of the branch of government vested with legislative power independently of judicial branch. as to the extent of the exercise of the executive privilege of the president. According to SC.com . this has to be balanced with 1. Kwin transcripts Page 64 PDF Created with deskPDF TS PDF Writer . according to SC. although it may include in its report of its investigation or report for the criminal indictment of persons who may appear liable. Case: Akbayan vs Aquino This has something to do with Jepepa where there is a question whether Secretary Aquino was asked to give a copy of Jepepa for the study of congress. SEPARATION OF POWERS VS LEGILATIVE INQUIRY Case: Tengyon vs Committee SC said that should there be a pending case already filed. there are other sources other than from the office of the BPI. the power of legislative inquiry on the part of congress 2. Because it was still under negotiation. they ask for an injunction to stop the inquiry on the transaction. SC said that you cannot stop this by simply filing a case because the power of congress is plenary. that has to be determined by the courts. They filed a case in court. and anytime soon. Case: Benzon This has something to do with the illgotten wealth of the Marcos and the corruption committed. it is confidential and part of the executive privilege of the president.

informer’s privilege These are information that the president cannot be compelled to disclose. Case: Miguel vs Gordon. VARIETIES OF EXECUTIVE PRIVILEGE 1. That is also emphasized in the case of Neri vs Senate. they are mere witnesses. state secrets Invoked by the president if it will subvert crucial military. not to disclose the identity of persons who furnished the information of violation of law to officers charged with the enforcement of the law. So long as constitutional rights of witnesses like Chairman Savio and his commissioners will be respected by respondent’s senate committees.com .CONSTITUTIONAL LAW Kwin WITNESS SUMMONED CAN BE COMPELLED While we would say that the mere filing of a criminal or administrative complaint against a witness or person summoned before a legislative inquiry can be compelled to appear before the senate or the congress. 3. recommendations and deliberations comprising part of process which governmental decisions and policies are formulated. Benzon case has different circumstances as that of the Chartered Bank. PCGG Can the congress compel the commissioner of PCGG despite the privilege given to the office that they cannot be subject of investigation. Kwin transcripts Page 65 PDF Created with deskPDF TS PDF Writer . 2006 A mere provision of law cannot pose limitation on the power of congress in the absence of constitutional basis. CABINET MEMBERS As regards to the cabinet being sovereign before the legislative inquiry. diplomatic objectives. Because they are not accused in a legislative inquiry. It even extends to government agency created in congress and officers whose positions are within the power of congress to regulate or even abolish. It is their duty to cooperate with them in their efforts to obtain the facts needed for intelligent legislative action. to respect to the dignity of congress and its committees and to testify fully with respect to matters within the realm of investigation. 2. Rather. SC said that congress’ power of inquiry is broad that it encompasses everything that concerns the administration of existing laws as well as propose needed statutes.docudesk. they have to ask for the consent to appear to give the president the chance to invoke the privilege. PCGG belongs to this class.DEMO :: http://www. CONDUCT OF LEGISLATIVE INQUIRY – PROCEDURE One cannot be inquired into or cited for contempt. In the matter of petition for issuance of writ of habeas corpus on Savio. Act 17. There has to be the Rules of Procedure and that must be published. generic privilege Internal deliberations attached to intra governmental and the documents reflecting advisory opinions. (my recording starts here) Case: Savio He was cited for contempt. The obligation of citizen is to respond to subpoena. So they do not violate the separation of powers between the legislative branch or any court or quasi judicial bodies where there is also a case filed against witnesses.

DEMO :: http://www. DECLARATION OF STATE OF WAR However. the cabinet requesting an audience with the senate or congress or any of its committee insofar as matters that affect or they want to clarified about. voting separately. war And thus precisely a determination of congress whether we are in a state of war. It is vested in congress. But in the matter of the existence of the state of war is for the purpose of granting or vesting in the president emergency power. OW if the president has to wait for congress to hold session and vote WON we are on a state of war. DECLARATION OF WAR Who has the power to declare war? It is the president who declared war. b. This is the power that is delegated to the president in a statute under sec 23. congress summoning a member of the cabinet. investigation and supervision. But in the determination if we are in the state of rebellion or national emergency. EMERGENCY POWER Where is emergency power vested? It is not in the president but it is delegated to the president. How many votes are needed? 2/3 votes both houses. that may be done by the president only. Kwin transcripts Page 66 PDF Created with deskPDF TS PDF Writer . and that is vested with the congress. to determine whether the agencies are properly administered to eliminate executive dishonesty and prevent executive usurpation of legislative authority to assess executive conformity with congressional perception of public interest. LIMITED TO CABINET How is a question hour conducted? This is limited to cabinet members. But there cannot be declaration of war should there be no definition of the existence of a state of war. for purposes of the prosecution of the war such as granting emergency power to the president so that the president can incorporate funds for the war. the president to be informed of the sessions on reaching the congress. of course the president can declare war as the commanding chief of the AFP. Clearly. The law does not make it a condition sine qua non to the declaration of war. that is why they have to determine WON there exist a state of war.CONSTITUTIONAL LAW Kwin QUESTION HOUR APPROVAL OF PRESIDENT Does it need the approval of the president? Yes. Under what cases? Only in cases of: 1. c. (David et al vs Arroyo). national emergency 2. Because you might think that this power is exercised by the president. POWER OF OVERSIGHT OF CONGRESS If it is just a follow up on laws that are to be enforced by the different departments that is part of the oversight function of congress which would include scrutiny. it is important that there has to be a declaration of state of war. then we are already invaded. Power of oversight embraces all activities undertaken by congress to enhance its understanding of and influence the over the implementation of the legislation it has enacted. this can only be exercised by the president if it is delegated by the congress to the president. oversight concerns post enactment measures under taken by congress to monitor beurocratic compliance with program activities. So it is either a. So not any person will be summoned before any committee or senate or congressional inquiry.docudesk. This may be done in a question hour.com . But WON there is a determination of the existence f a state of war.

bills authorizing increase of public debts 5. And the printing may be dispensed with. Then it will be recommended for printing. it is approved by both houses. who will approve a. not only will the title be read but the whole text of the sponsored bill including the recommended changes made by the committee. legislative . revenue bills 3. There will be no violation here. Thereafter. In the event the committee concerned acts on it.president of the senate or the speaker of the house of representatives Kwin transcripts Page 67 PDF Created with deskPDF TS PDF Writer . it will be transferred to the other house. What are these kinds of bills? 1. executive . no amendment will be made. general bill -ex. tariff bills 4. general bill 2. bills of local application and private bills House of Meaning. After the third reading. if it is carried out. They may probably come up with their own version. special bill 1. then they will take a vote. It can even make a practically new version of the bill of both houses. AS TO BILLS THAT MAY BE SPONSORED a.president b. it will distributed at least three days before the plenary session is held and then there will be a third reading. the house of senate cannot initiate unless they receive the first version of the house of reps. both substantive and procedural. it will be referred to a bicameral conference committee. the recommendation of the bicameral conference committee still has to be submitted to the plenary sessions of both houses where they will take a vote whether to agree to the bicameral conference committee or not. bills of local application and private bills -for matter relating to LGU -ex. Thereafter. On the second reading. the three readings may be done on the same day. After the printing.com . change from municipality to city The bills may be: 1. there will be discussion and debate on the bill. Only the title will be read. it is referred to a committee for referral. Thereafter. bills that must originate from the Representatives 1. But where the president certifies that the bill is urgent because of an exigency or emergency. revenue bills -designed to raise money or revenue through imposition or levy 5. So ultimately. meaning not act on it. After the third reading. The committee could either conduct a further study on a bill that is being sponsored through hearings or may just lay it on the table. appropriation bills 2. The three readings is indispensible. ANNUAL BUDGET -prepared by the president to be submitted before the regular session -MAY NOT BE INCRESSED BY CONGRESS -MAY BE DECREASED BY CONGRESS -must specifically to some particular appropriation and the legislation or enactment must be limited in its operation to the appropriation to which it relates -of course there must be an available fund for that purpose -NO JUGGLING OF FUNDS -if there is an amount appropriated for a specific purpose.CONSTITUTIONAL LAW Kwin LAW MAKING PROCESS There is a sponsor of the bill which will be under first reading. RULES AND LIMITATIONS IN MAKING OF LAWS There are certain rules and limitations in making of laws. there will be the taking of the vote. it goes back to the plenary session for a second reading. If there are differences between the two houses’ version. you cannot transfer it as GR to another purpose or from one item to another item -EXCEPTION: -depends on whose budget. The amendments could take as a substitute.DEMO :: http://www. It is not superior to the two other houses because after all.docudesk. appropriation bills -authority to disburse public funds -may be general or special 2.

revenue bills. Congress must appropriate by law the loan proceeds to find the procurement of goods and services OW the loan proceeds cannot be spent by the executive branch. The budget of the military cannot be transferred from one item to another. It is just a creation of office. When the executive branch secures a loan to file a procurement of goods and services. To go into short cut. they will pay it directly without putting it in the general funds. it will be carried out in the next budget.DEMO :: http://www. Can that be done? SC said. not in his capacity as the commander in chief but his being the president to avoid the juggling of the funds. This appropriation for the repayment of the loan is what is covered by automatic appropriation. Instead of placing it to the general fund.com . they applied the proceeds of the loan directly for the purpose which is was made. Automatically. They borrowed money to be placed to the general fund for a public purpose. They borrowed money and supposedly the proceeds will be applied to the contract that they have entered into with the Chinese government. judiciary . There a specific amount that you are going to pay it with. any disbursement of public funds should be supported by an appropriation law. it has to be with the consent of the president. the allocation of funds is merely incidental to the creation of office. Even if it is for a public purpose. This cannot be done. in the guise of an appropriation bill create an office and insert that in an appropriation bill. AUTOMATIC APPROPROPRIATION What is the rule then on automatic appropriation? It is an exception to the loans that we borrowed where we schedule the payment of the loan. That can be vetoed by the president as an INAPPROPRIATE PROVISION. That is not an appropriation bill. appropriation bills.CONSTITUTIONAL LAW Kwin c. There can be no dispute that the proceeds of the foreign loans whether concluded or not cannot be obligated in a procurement contract without a prior appropriation from congress. constitutional commissions . That is the GR. In which case. It primarily authorizes the disbursement of funds for a specific public purpose. appropriation bills 2.chairman -example. So 2 EXCEPTIONS TO THE RULE THAT IF THE PRESIDENT HAS TO VETO THE BILL. congress must make another appropriation to authorize the payment of the loan of thee general funds of the national treasury. That’s automatic appropriation.chief justice of SC d. They were saying that in ZTE. you have to make further exception because sometimes the members of congress will insert subject matters that are not related to appropriation. Case: Suplico vs Romulo This is on appropriation. HE HAS TO VETO THE ENTIRE BILL: 1. any government expenditure without corresponding appropriation by congress is unconstitutional. So then you will have to understand what is the NATURE OF APPROPRIATION. as an exception to every disbursement having an appropriation. revenue bills 3. tariff bills On APPROPRIATION BILL. there has to be an appropriation law. the president vetoes the entire bill except when it is an 1. The rule is. tariff bills 2. But sometimes. Kwin transcripts Page 68 PDF Created with deskPDF TS PDF Writer . you do not have to make a separate appropriation for that purpose. When the loan falls due. if the president should veto a bill. the loan proceeds enter the national treasury as part of the national funds of the government. AS TO VETOING AN APPROPRIATION BILL As a GR. inappropriate provisions Of course with the condition that the rest of the provision of the bill can stand on their own excluding that portion that has been vetoed by the president.docudesk. they borrowed money but it did not push through because it did push through because of the controversy.

Case: Lung Center vs Quezon City Under 1973. barred from participation or enjoyment. that would not mean exclusive. TREATY TAX CREDITS Tax credits granted by treaty. But because it is a treaty. if there will be several subject matters. it needs concurrence of 2/3 of senate. it is conclusive What else are exempted? 1. directly and exclusively used for charitable institution. in order to be entitled to exemption. do they enjoy the same privilege as a non stock non profit institution? Because this is the issue of some schools here that is for business? The law says. Not only the properties that they are in possession with. SOLELY is synonymous to the word exclusively. 1987 Constitution and RA 7160. How many votes are needed? It needs no concurrence from congress. where tariff powers are vested in the president. It is defined as possessed or enjoyed to the exclusion of others. WHO IS SUBJECTED And as a GR. then they need to amend it. OW. Should they think that it is actually not the version that both houses intended. They are exempt also from taxation. They are now asking for exemption because they are taxed for the income that they derived. The words DOMINANT USE and PRINCIPAL USE cannot be substituted for the words used exclusively without doing violence to the constitution and the law. Same thing as when laws are initiated by the people on the process of initiative and referendum. it will be enrolled. so they cannot complain.docudesk. RECORDS OF THE PROCEEDING OF THE DELIBERATIONS Records of the proceeding of the deliberations: 1. including the revenues. that will be a HODGE PODGE LAW and is prohibited by law and can be prohibited by the president on the concept of INAPPROPRIATE PROVISIONS. And exclusively is defined in a manner to exclude or enjoy the privilege exclusively. So there is the definition of exclusive use there.com . petitioner is burdened to prove by unequivocal proof that it is a charitable institution and the properties are actually. PROCEDURAL LIMITATION Every bill must embrace one subject matter. everybody is subjected to tax except by vote of majority of the members of congress. like USC foundation.DEMO :: http://www. They say that this institution is principally a charitable institution. actually and exclusively used for religious purposes and for charitable institutions. you have those proprietary educational institution. They are exempt from taxation for as long as it is in relation of educational purposes. the enrolled bill is conclusive upon the courts as to the contents. EXCLUSIVELY USED TN of the definition of EXCLUSIVE. They cannot just set aside the enrolled bill. unless OW provided by law. So those who are well off enough to pay for fees will pay. In contracts. This includes foundations that are non stock non profit. EDUCATIONAL PURPOSES The application of the exemption refers to non stock non profit educational institutions that would include their revenues. But our local laws are subjecting them to taxation. Case: Lung Center vs Quezon City Part of its property was for charitable purposes for free for indigent purposes. religious purposes 2. SC said. the tenor of the legislative proposal. So far as the court is concerned. in the imposition of taxes. It will be authenticated by the president of the senate and the speaker of the house of representative and signed by the president. personages…properties that are directly. journal 2. educational purposes Kwin transcripts Page 69 PDF Created with deskPDF TS PDF Writer . TAX EXEMPTIONS ON CERTAIN INSTITUTIONS Churches. the congress is the one that imposes taxes.CONSTITUTIONAL LAW Kwin POWER OF CONGRESS TO IMPOSE TAXES Except for sec 28. and on the property as well because it was with a fee. In case there is a conflict and a question on what is the version of the law. But there is a part of a property which they had for a fee. So they may be exempt. After both houses through their respective heads certify that that is their version. enrolled bill Which of these two will prevail in case of conflict? What is their probative value? ENROLLED BILL is the certified and authenticated version of the bill that is signed by the president before becoming a law.

SC said that in as much as he is already considered resigned. The TERM is a period which he is to hold office as a matter of right. Case: Abakada Guro Party list vs Ermita. not to his term. The TENURE means the period which he actually holds office.EXECUTIVE DEPARTMENT EXECUTIVE POWER It is vested in the president. Case: Soloven vs Macasial They moved for the dismissal of the case filed against them by President Aquino. DETERMINE WHO IS ALLOWED TO ENTER COUNRTY On the matter of determination who is allowed to enter the country. this is only available to the president during his incumbency. So you must know what are these information that need to be entered in the journal. the power is vested on the president being the chief executive.DEMO :: http://www. yeas and nays requested by 1/5 of the members of the house to be entered in the journal Insofar as those information are concerned. This is not an express grant of the constitution. you have to go by the enrolled bill. So which two will prevail as far as the court is concerned? It should be the journal because according to the SC. This is what we call the RESIDUAL POWER OF THE PRESIDENT Example. Oct 18. If you go by the matter WON the bill is valid in its content or tenor. and the exceptions therefrom. Some powers that are not assigned either to the legislative or the judiciary. Settled is the doctrine that the president during his tenure of office or actual incumbency may not be sued in any civil or criminal case. invoking immunity from suit. In case of conflict of the voting. And not being the president anymore. This is jurisprudential.com . he can no longer invoke the immunity. On the presidential immunity. veto message of the president 2. provide for a system of initiative and referendum. they are conclusive upon the courts. One. But it was stated in the journal that it was passed before 12 midnight. And SEC 32 SECTION 32. The Congress shall. Case: Romualdez vs Sandiganbayan SC said that the executive immunity applies only during the incumbency of the president. whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters. we cannot file a countersuit against you because of immunity from suit. and the another one is the conclusiveness of the enrolled bill. They are saying that when you can sue us. ARTICLE VII . IOW by the decisions of the SC that this power of immunity from suit is enjoyed by the president. as early as possible. voting of both houses overriding the veto 3. the journal always prevails. he is no longer the president. With the enjoyment of this immunity. And it is inclusive upon the courts because the courts must accord respect to the two branches of the government. of which every legislative district must be represented by at least three per centum of the registered voters thereof. IOW he can now be prosecuted in any court of law because such is CONCURRENT ONLY TO HIS TENURE. as regards to the conclusiveness of the journal. INITIATIVE AND REFERENDUM Kwin transcripts Page 70 PDF Created with deskPDF TS PDF Writer . This is important. having these records prepared by co-equal braches of government which is congress.docudesk. the memory of man may fail but definitely what was recorded in the journal. (Marcos vs Maglanos) PRESIDENTIAL IMMUNITY On the enjoyment of the president of immunity. Case: Pons vs US This about the substances. TN of the cases of: Case: Estrada vs Disierto Estrada was saying that he is still the president and therefore he should still continue to enjoy the immunity and thus he cannot be prosecuted in SB. and there is no need to provide for it in the constitution. This has something to do with the time when the bill was passed because there was an allegation that the bill was signed after the term of office of the office. 2005 The signing of the bill by speaker of the house and the president of the senate and the certification of the secretaries of both houses of congress that it was passed are conclusive of its due enactment. Case: David et al vs Arroyo Arroyo was dropped from that case. SC said it is not proper to implead Arroyo as respondent. yeas and nays of the members of both houses in the passing of the bill 4.CONSTITUTIONAL LAW Kwin What if it conflict with the journal? The JOURNAL is required by the constitution to be kept by the secretary of each house in order to contain the following: 1.

BOARD OF CANVASSERS Who canvass the election returns from the different provinces and cities? Who serves as the board of canvassers? The congress. Still it is the congress that will canvass and thereafter they are going to make a proclamation. Elections are held every 2nd Sunday of May. This is without prejudice to continuing their session not as a legislative body but as to perform other functions vested in them or conferred upon them by the constitution such as the canvassing of votes for president and VP. usually. So when the president files a case against a private individual. any election contest or protest. PROCLAMATION Then they have to vote. MANNER OF ELECTION PRESIDENT How are they chosen? They are chosen by direct votes. TN this can only be invoked by the president. resident of Philippines for 10 years immediately preceding the election 3. unless OW provided by law. Meaning. It is directly transmitted to congress. It is personal to the president. they have to break the tie with majority of both houses.CONSTITUTIONAL LAW Kwin thus they moved for the dismissal of the case. he is disqualified. 40 years on the days of election 4.DEMO :: http://www. in the matter of law making. Kwin transcripts Page 71 PDF Created with deskPDF TS PDF Writer . This cannot be delegated to the different secretaries of the different departments. BTW. he can still run as president. But it’s up to the president. VICE PRESIDENT 6 years but in no case for 2 successive terms. DEADLOCK In case there would be a deadlock or a tie. SC said that it is not extended to the cabinet members. So he can serve for more than 12 years as long as it is not successive. they adjourn sine die. It refers to the commencement of his term of office. QUALIFICATIONS 1. It cannot be used as a defense on the part of the person being sued by the president IMMUNITY FROM SUIT IS PERSONAL TO THE PRESIDENT TN immunity from suit is personal to the president.com . But I don’t think that is now a controversial thing now that we are automated. But they can conduct a joint committee to authenticate the election returns that have been submitted. So they adjourn as a legislative body insofar as lawmaking but not insofar as performing functions that are required of them by the constitution such as acting as the board of canvassers. where is it filed? You have the PET – Presidential Electoral Tribunal. they have to have majority votes in a joint session voting separately. can his term of office be extended? No. It could be other than June 30 following the day of election. remember that during the election time. So it is up to the president to invoke it or waive that right. Can the VP who assumes the presidency run again as president after the expiration of his term? It depends. This is only personal to the president.docudesk. When we say. Case: Secretary Gloria Arroyo She invoked immunity from suit being the secretary of the Department of Education. To proclaim. The congress cannot delegate that to Comelec. It cannot be invoked under qualified political agency by the alter egos of the president. If he had served for more than four years in the office of his predecessor. Is it not that they adjourn sine die? What is adjournment sine die? When they adjourn as a legislative body. the term of office of the members are already expiring except for the 12 senators whose term of office have not already expired yet. ELECTION CONTEST OR PROTEST In the mean time. natural born 2. citizen before assuming office TERM PRESIDENT 6 years Unless OW provided by law Term begins at noon of Jun 30 following the election. president is considered to have impliedly waived his immunity. This is a function that they can be compelled to stay in session and attending and performing the function notwithstanding that they have already adjourned insofar as being a legislative body. If 4 years or less. Before an election is made.

WHO MAY BE PROTESTANT Who may be a protestant in a presidential election? Case: Poe Only a real party in interest may be a protestant. Adding to the confusion is Estrada running for reelection. namely: 1.docudesk. So. Supposedly 6 years without reelection. When the law grants the SC the power to resolve an election contest between and among the presidential candidates. Because it did it say: voluntary renunciation is considered an interruption of the continuity of the term of office… like in the case of members of congress. They can go back to their position so long as the term did not expire. Case: Legarda vs de Castro She also filed an election protest against de Castro. His theory is he is qualified because he had not finished his term. She was not able to get the result of the contest. the second and third placers only. he will have to finish the 6 years term. Case: Tecson vs Comelec The actions contemplated in sec 4 art 7 of the constitution are post election remedies. There can be no contest before a winner is proclaimed. A real party in interest are only the two persons. After that. Kwin transcripts Page 72 PDF Created with deskPDF TS PDF Writer . Anyhow. no new or separate court is created.CONSTITUTIONAL LAW Kwin PET – PRESIDENTIAL ELECTORAL TRIBUNAL It is the SC acting as the PET. can he run for presidency on the next election? It is not voluntary? It case of resignation it is voluntary… It is rather confusing because the law is very clear. what if for example. Envision the scenario where if the declared voter have not been truly voted upon by the electorate. because eventually. This is not being made clear. there is no decision on that by the SC. she went back to her being a senator. on the second year of his term. The law merely conferred upon the SC the functions of the PET. she ran for election to the senate. they are not considered resigned.DEMO :: http://www. 6 years without reelection. quo warranto The word contest means that the jurisdiction of the SC may only be invoked after the election and proclamation of the VP or president. EFFECT IF PROTESTANT REASSUMES OFFICE What will happen if the protestant reassumes his office? Case: Santiago Santiago ran as president. So meaning. Case: Estrada In the case of Estrada running again as president. The rule makes in effect determine the real party in interest concerning an on going election contest. SC said that Legarda has effectively abandoned or withdrawn her protest when she ran for senate which coincides with the term of vice presidency. the presume that the president in order to be disqualified to run for election. What was the effect on the election protest? SC said. in assuming the office of the senator. you have to finish the term in 6 years. Case is dismissed.com . you are being impeached. regular election contest 2. the candidate who received the second or third highest number of votes would be the legitimate beneficiary in the successful election contest. NO PRE PROCLAMATION CONTEST There is no pre proclamation contest with regards to president and VP. President Santiago has effectively abandoned or withdrawn her protest to the election protestee. For those who will run as president.

IMPEACHMENT The president can only be removed through impeachment. and then you have the senate acting as the tribunal. There will be no special election. they will have to convene and provide for a law that will serve to provide the manner of succession – who shall be acting as the president in the mean time the elect president has not yet been chosen or failed to qualify. congress will meet and provide for the manner of succession. There were enumerated manifestations of the act of relinquishment of the power which the SC has concluded that indeed. you have the initiation by the house of representatives.CONSTITUTIONAL LAW Kwin FILLING UP OF THE VACANCY It may occur at the beginning of the term or during the term of the president or VP. should it always be physical? What about FUNCTIONAL DISABILITY? Meaning you cannot anymore function effectively as a president because you do not have anymore the support of your cabinet. death 2. But TN in the absence of either. 1. in that order acting as the president in the mean time until the VP has succeeded. Kwin transcripts Page 73 PDF Created with deskPDF TS PDF Writer . you go into the succession. 3. Case: Estrada It is not so much on the resignation but on the functional disability of the president. impeachment Insofar as the VP is concerned. You will have the chief justice of SC as the presiding officer. only when there is permanent vacancy caused by: 1. you will have the president of the senate o act until the election shall be held. in that order will be acting as the president. If there is no VP. But the understanding is PHYSICAL DISABILITY. Special election will be held when both offices of the president and VP are vacant. No special election however will be called unless the vacancy occurs within 18 months before the next regular election. PERMANENT DISABILITY In the case of PERMANENT DISABILITY.DEMO :: http://www. BEFORE ASSUMPTION – FAILED TO QUALIFY OR NONE CHOSEN If at the beginning of the term. he died or he suffered permanent disability. Because he is the president. that is already considered as resignation. the speaker of the house of representatives. qualified or chosen. then the president or the senate shall act as the president. AFP or LGUs. death 2. That has to be defined by the SC because it was a mere opinion of one of the justices.DEATH If it occurs before the term or even before the president assumes office. resignation 4. then it would be the president of the senate. WHEN THERE IS ASSUMPTION During this time. perhaps it could also include functional disability. voting separately. SUCCESSION DUE TO VACANCY OF PRESIDENT In case a vacancy occurs. they will call for a special election. there will be the succession. The VP shall become the new president by operation of law. The permanent disability as has been ventured in its definition by the definition of one of the justices. Or if no president has been chosen. In the absence of the VP. permanent disability 3. the term of the president. Virtually.docudesk. In the absence of the speaker. Or you have the speaker. resignation 4. impeachment 2. he was a laying duck because he cannot command anymore the leadership insofar as the government is concerned because he lost the support of the key officials of the government especially the support from the AFP. he has resigned.com . the VP becomes the president. RESIGNATION This is defined in the case of: Case: Estrada vs Disierto No formal process is required like when you have to tender a resignation letter. For as long as there is a manifestation of the relinquishment of the power and the act is more to the relinquishment by abandoning physically the office that he is abandoning. BEFORE ASSUMPTION . the president failed to qualify. permanent disability 3. then the president of the senate or the speaker of the house of representatives. the one who is going to preside the impeachment proceedings in the senate will be the president of the senate. SUCCESSION DUE TO VACANCY OF VP The president nominates and the members of congress shall vote by majority votes. 4. Here. How about the VP? Same manner in creating a vacancy in the office of the VP.

when they hold office in a capacity of ex officio -do not receive salary or emoluments -ex. If the spouse is already in office before he was elected as president. DECALARTION OF TEMPORARY DISABILITY In relation to this. who has access to the president? 1. What is prohibited is the appointment or the reappointment of that spouse or relative to those positions I have enumerated within or during his tenure.com . either government or private -unless OW provided by the constitution or by law a.CONSTITUTIONAL LAW Kwin TEMPORARY DISABILITY OF THE PRESIDENT There is a discussion on the temporary disability in the case of: Estrada vs Disierto In the determination WON there is a conflict between the president’s pronouncements and that of the majority of his cabinet. Kwin transcripts Page 74 PDF Created with deskPDF TS PDF Writer . agency including GOCC 5. The second time that they will do that. Civil Service or Comelec 6. cannot be financially interested in any contract or any franchise or any special privilege that may be granted by any subdivision of the government.DEMO :: http://www. Then the cabinet again can go back to congress and tell then that indeed the president is in temporary disability. There is no prohibition. cannot participate in any business 4. Case: Estrada vs Disierto The question whether there is temporary disability of Estrada is a political question beyond SC’s power of review. And the moment the president contradicts that. it will be for congress to decide. Secretary of Justice is an ex officio member of judicial and bar council -does not require confirmation of Commission on Appointments c. then congress has to decide. can she continue? Yes. VP may also be appointed as a cabinet secretary -does not require confirmation of Commission on Appointments b. ACCESS TO PRESIDENT DURING ILLNESS And during the illness of the president. then he can reassume the functions of the president. cannot appoint the spouse to be the ombudsman or secretary of any of the department under the executive branch or undersecretary or chairman of bureaus or offices including GOCC’s and their subsidiary NO PROHIBITION ON THE APPOINTMENT OF SPOUSE Can the spouse be appointed as chief justice of SC or to be an ambassador or consul? Yes. cannot appoint spouse of president and relatives within the fourth civil degree either by consanguinity or by affinity to be the head of the Constitutional Commission or the commissioner of COA. prohibited from holding any office or employment during their tenure. chief of staff of AFP DISQUALIFICATION OF THE PRESIDENTAND VP AND MEMBERS OF CABINET 1. prohibited from practicing profession directly or indirectly during their tenure 3. VOTES REQUIRED TO DECLARE TEMPORARY DISABILITY How many votes are needed to declare the temporary disability on the part of the president? 2/3 votes voting separately. The decision that President Arroyo is a de jure president. made by a co-equal branch of government cannot be reviewed by the SC because that is discretionary of the SC. it has to be declared and the public has to be informed about it. And the matter of declaring temporary disability is discretionary of congress. It is only when on the second time that the majority of the cabinet will declare that the president to be under temporary disability. Not even the SC can interfere.docudesk. WON indeed the president suffers temporary disability in order to have the VP to take over and act as the president. the president himself informing congress that he is under temporary disability 2. secretary of foreign affairs 3. Secretary of Finance at the same time Head of the Monetary Board 2. national security adviser 2. the majority of its cabinet INITIATIVE OF MAJORITY OF CABINET MEMBERS This can be protested by the president. you have also the requirement that while the president is ill. INITIATIVE OF DECLARATION OF TEMPORARY DISABILITY So the declaration of temporary disability could either be by the initiative of: 1.

Philippine Coast Guard 4. it is understood that the president makes the president because the appointing power by its nature is executive. The deputy ombudsman for the military has already been dismissed from service. where there was the holding hostage of some Chinese tourists in the country.com . appointing power is vested in the president. heads of executive departments 2. -the ombudsman. He is only removable by impeachment. -the law however is very clear as to who are the impeachable officials: those who are not included in the list are excluded. You also include the special prosecutor who is being placed under preventive suspension. SC will still decide on the issue of the president’s disciplining the deputy ombudsman being the appointing authority. Comelec 3. judges of the judiciary -but the president cannot remove them.CONSTITUTIONAL LAW Kwin APPOINTMENT POWER OF THE PRESIDENT Being the chief executive. chairman and commissioners of 1. They have this committee that investigates deputy ombudsman who has been charged administratively. -or those laws that specifically provide that they are subject to the appointment of the president. like: a. Luzon 2. Civil Service 2. regular members of the judicial and bar council d. they can only be disciplined by the office of the ombudsman to maintain the independence of ombudsman. staff and employees in judiciary -only the judges and up are appointed by the president -they have filed cases in the SC right now. Therefore. Visayas 3. -because there are certain appointments that are not made by the president. only SC can remove judges 6.docudesk. COA b. that excludes the deputy ombudsman. We also have the preventive suspension of the special prosecutor. Mindanao 4. by nature. -to maintain independence of SC. ambassadors and public ministers and consuls 3. ombudsman and his deputies -controversy: -4 deputy ombudsman: 1. PNP b. while he is appointed by the president. and we already have and example of Gonzales having been dismissed from the service in relation to that incident that had happened in Luneta. other officers whose appointment is vested in him by the constitution like: a. Military -it is only under this administration that they went into the matter of removing them or investigation them. What are the different kinds of appointments? 1. -who can discipline them? From the previous understanding. 5. cannot be removed by the president. c. sectoral representative in congress before the party list system Kwin transcripts Page 75 PDF Created with deskPDF TS PDF Writer . all other officers whose appointments are not provided by law and those who may be authorized by law to appoint -if there is no law providing who the appointing authority. who has the same rank of the deputy ombudsman. officers of AFP -excluding those that are no longer part of AFP: a. personnel in congress b. -it is only under this administration where the president has conducted investigation.DEMO :: http://www.

And thereafter the appointee accepts the appointment and assumes office. COMMISSION. If the CoA confirms the nomination. Because his removal or separation of office shall take effect only upon confirmation. therefore CoA is not in session. AD INTERIM APPOINTMENT It is made by the president while congress is not in session. then the nomination is as good as by passed. However. that would not require confirmation by the CoA. Because the prohibition against reappointment as to the officers I have mentioned applies only to regular appointment. etc… If its only temporary or in acting capacity. Can the appointee return to the previous position he was occupying before the nomination of the president? YES. If the CoA does not act on it within 30 days. and then the CoA supposedly should act in it within 30 days. The fact that it is subject to confirmation by the CoA. insofar as confirmation: 1. If the CoA disapproves. TN that CoA cannot act if the congress is not in session. Case: Matibag vs Beripayo Case: Binamira vs Garucho SC said. then the president cannot renominate the same candidate. Cen he be renominated? YES. not interim appointment. The president has to submit the nomination to the CoA. REGULAR APPOINTMENT It is made by the president while congress is in session. And it is permanent. It is effective until disapproved by the CoA or until the next adjournment of congress. KINDS OF APPOINTMENTS TN of the different kinds of appointments relating to this.DEMO :: http://www. officers of AFP. If it is disapproved by CoA. an ad interim appointment is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the president once an appointee is qualified into office. does not alter its permanent character. it will last only until it is disapproved by the CoA upon the resumption of the session. and congress is in session. the president is free to renew the ad interim appointment. If it is not confirmed.docudesk. then it is good as by passed. The president can still renominate the same candidate. Kwin transcripts Page 76 PDF Created with deskPDF TS PDF Writer . temporary 1.com . then the president issues what they call. It is extended only during the recess of congress. If the CoA approves. Even if there is a prohibition on reappointment in the case of Constitutional Commissioners of COA. permanent 2. It is only when it is disapproved when he cannot be renominited. CONFIRMATION OF CoA The first four appointments that we have mentioned are subject to the confirmation of the Commission of Appointments. the process is like this: The president nominates. then the appointment takes effect upon confirmation. then he cannot renominate the same candidate. Can the same candidate be renominated after the expiration of the appointment because it was not confirmed even after the adjournment of congress? YES. It is effective immediately upon qualification of the appointee. Can the appointee return to the previous position he was occupying before the nomination of the president? YES. If the CoA disapproves. then it shall last only until the next adjournment of congress. appointing can no longer extended in the new appointment. So there is a limit on its duration although it is permanent. regular 2. or it’s a mere designation (additional functions to the regular function). If the CoA does not act on the nomination within 30 days from submission. Cen he be renominated? NO. does that require confirmation by the CA? Assuming it refers to heads of executive department. consul. If by passed. TEMPORARY APPOINTMENT Even a temporary appointment or a mere designation.CONSTITUTIONAL LAW Kwin LIMITATIONS OF APPOINTMENT 1. ad interim PERMANENT APPOINTMENT If the appointment is permanent. Civil Service or Comelec? YES. Acting appointment can be made even if congress is in session because it does not anyway require confirmation by the CoA.

meaning the SC.com . Whereas for the rest of the judiciary.DEMO :: http://www. they should not be afraid of the SC being bias against the next administration because it is so established to be independent from the two other branches of the government. then hey should have specified. how do you fill up the vacancy in the office in the SC? It has to be filled up within how long? 90 days from the occurrence of the vacancy. So TN of the following cases: Case: De Castro vs JBC Case: Serrano vs JBC Case: Reconza vs JBC TN of the reapplication of sec 15 art 7 of the Constitution to appointments of the judiciary. within 90 days from the occurrence of the vacancy that they will fill up. it cannot be disputed that the ___ dictum did not firmly rest on the deliberation of Constitutional commission. it may be extended anytime there is vacancy even while congress is in session. if this applies to all. Kwin transcripts Page 77 PDF Created with deskPDF TS PDF Writer . particularly of sec 15. Because in the law. But they did not. So still they maintain SC is not subject to that prohibition on appointment. NOT APPLICABLE TO LOCAL EXECUTIVES Election ban. that in reference to appointment of officers (no distinction). in the case of Valenzuela. That’s why according to SC. Only presidential election is covered in the prohibition. 2. We explain. should remain independent as required by the constitution. they can make midnight appointments. on why the prohibition applies to the judiciary because after all. It is intended to fill up an office for a limited time until the appointment of permanent occupant to the office.CONSTITUTIONAL LAW Kwin Case: Pimentel vs Executive Secreatry The law allows the president top make such acting appointment.docudesk. except when the continued vacancy would cause prejudice to public service. If they have to wait for the new president to be elected. art 7. they are saying that they might violate the provisions of the constitution which is mandatory. whoever is appointed after being appointed. As provided in the constitution. Had the framers intended top extend the prohibition contained in sec 15 art 7 to the appointment of members of the SC they should have explicitly done so. Therefore. Insofar as the SC is concerned. Although we have the case of: Case: Valenzuela Where SC said that it applies to the judiciary… came to hold that the prohibition covered in judicial departments. Because if you ask about independence. Supposedly. So the appointment of Chief Justice Corona was sustained as to its propriety and validity. the prohibition under art 7 sec 15 of the constitution against presidential appointments immediately before the next presidential election and up to the end of the term of the outgoing president does not apply to the vacancies in the high tribunal. The only thing is that they cannot remove the personal sentiments of people from what is supposedly provided by law. the confirmation made to the JBC by then Senior Justice Florence Regalado of this court. In case of vacancy in an office occupied by an alter ego of her choice as acting secretary before the permanent appointee of her choice and assume office. a former member of the Constitutional Commission. in the local level. The president may even appoint in acting capacity a person not in the government service as long as the president deemed that person competent. for a s ling as it is within the president’s power to appoint. So all the more. the filling up of the judiciary is only within 90 days from the submission of the list of nominees. The president cannot make appointments because it is prohibited within 2 months immediately preceding a regular election of the president. Unlike the rest of the courts in the judiciary. then he may appoint temporarily the executive officers to offices in the executive department. about the prohibition not being intended to apply to the appointments to the judiciary which confirmation Valenzuela even expressly mentioned should prevail. So it may run conflict with the provision of the SC. This does not apply to appointments made by local executives. Does this apply to the judiciary? In these cases. because they have this political prejudice already as to the appointing authority. Thereby. Acting appointment is temporary in nature. LIMITATION ON MIDNIGHT APPOINTMENT This was a controversy last year because of the appointment of the chief justice of SC. SC said. the appointments can be made within 90 days from the submission of the list.

com . bureaus and agency under the executive branch or office of the president. TN of president’s REORGANIZATION OF OFFICES which may include even 1. the president must exercise good faith in carrying out the reorganization of any branch or agency of the executive department. And those who cannot be transferred lost their job. The president’s power to reorganize the executive branch is also an exercise of his residual power. to abolish offices to transfer functions 3. decrees. Kwin transcripts Page 78 PDF Created with deskPDF TS PDF Writer . the merger of offices under the executive branch 3. it is now DoE. In DECS. EXAMPLE C: -control over executive department S: -supervision over local governments REORGANIZATION OF OFFICES In relation of the power of control of the president over the different departments. But SC said that GR has been the power to abolish the public office is dislodged with the legislature. What happened to Culture and Sports? The functions have been transferred to the Philippine Sports Commission. The president cannot alter or nullify the same except when they are contrary to law. were some of the functions the DOH have been transferred. alter or set aside what a subordinate officer has done in the performance of his duties and to substitute the judgment of the officer or subordinate S: -merely overseeing over the acts of the public officer. It is now attached to the office of the president. to standardize salaries and materials The validity of the laws are unquestionable. to group. Thus the question of the authority of the president to do that because virtually it abolished EIIB. to create and classify functions.docudesk. letters of instructions and other executive instruments not inconsistent with the constitution shall remain operative. Case: SC said the control of the organization of the national government and agencies may include the power 1. Some of the personnel were transferred offices. The 1987 constitution clearly provides that all laws. services and activities 5. Case: Domingo vs Zamora The president’s power to reorganize offices outside of the office of the president proper is limited.CONSTITUTIONAL LAW Kwin POWER OF CONTROL AND SUPERVISION BY THE PRESIDENT CONTROL VS SUPERVISIONS C: -when the president nullify. the transfer of functions from one department to another 2. consolidate bureaus and agencies 2. The chief executive under our laws has the continuing authority to reorganize the administrative structure of the office of the president. the president’s power of control may justify him to inactivate the power and functions of an office or certain laws may grant him broad authorities to carry out the reorganization measures. Merely transferring functions or agencies from the office of the president to the departments or agencies and vice versa. which grants the president broad organizational power to implement the reorganization measures. Be that as it may. executive orders and proclamations. agencies or offices in the executive department is concerned. According to them only congress that created the office can do that. TN only the office of the president or the executive office proper. This authority is an adjunct of his power to control under art 7 sec 1 and 17 of the 1987 constitution. The exception however is that as far as bureaus. the abolition of offices in the executive branch Case: Buklod vs Zamora This was the deactivation of the EIIB because some of the functions were already performed by the other offices of the government. SC said that the president has the authority to carry out the reorganization of the DOH under the constitution and statutory laws. It was removed. -it’s more on overseeing the acts of officer rather than the actor Case: Malaria Malaria Employees and Workers Association of the Phils.DEMO :: http://www. Inc. to transfer functions 4.

it has to be acted upon by the president himself. that while we have this qualified political agency which practically makes the act of the secretary as the act of the president. NON DELIGABLE ACTS TN however that there are certain acts that cannot be delegated to a delegate such a secretary of a department. There are certain constitutional powers and prerogatives of the chief executive of the nation which must be exercised by him in person and no amount of approval or ratification will validate the exercise of any of those powers by any person. to suspend the writ of habeas corpus b. pardoning power of the president -this is the grant of pardons. all fall within the special class and demands for the exclusive exercise by the president of the constitutionally vested power. through the BSP contracting foreign loans? Does that need the president’s action personally? Can that be delegated to the president of BSP? SC said. Even if ratified by the president. declaration of martial law 3. Kwin transcripts Page 79 PDF Created with deskPDF TS PDF Writer . to proclaim martial law c. nevertheless. residual power of immunity from suit -this cannot be also enjoyed by an alter ego 2.DEMO :: http://www. Still. SC said. What are these functions? 1. precisely in the exhaustion of administrative remedies. But there must be showing that the executive power in question is ofsida gravitas and exceptional import. still. SC said. which arises not from the extraordinary incident but from the established functions of the governance. you need not go to the president because the act of the secretary has exhausted the administrative remedy. the exercise of the pardoning power notwithstanding judicial determination of the accused. The declaration of martial law. It is by no means exclusive. that is not considered as an act of the president.CONSTITUTIONAL LAW Kwin QUALIFIED POLITICAL AGENCY DOCTRINE TN as regard of the power of control is the QUALIFIED POLITICAL AGENCY DOCTRINE. They perform the function and they are considered as the functions being performed by the president himself unless the acts are disapproved or repropriated by the president or if the president is require to act in person by law or by the constitution. And it can be performed by an alter ego even without prior approval b ythe president. the exception to contract and guaranty foreign debts is a vital public interest but only akin to any contractual obligation undertaken by the sovereign.com . or acting as alter egos of the president. and remissions of fines and forfeitures Case: Constantino vs Gizia What about the president. we cannot conclude that the power of the president to contract or guaranty foreign debts falls within the same exceptional class. There are certain presidential powers which arise out of exceptional circumstances and if exercised would involve the suspension of fundamental freedoms or at least called for the supercedence of executive prerogative over those exercised by co-equal branches. you can now go to the courts. such for instance is the power: a. So that even if it is acted upon by the secretary. reprieves. suspension of the privilege of the writ of habeas corpus 4. Justice Laurel in his ponencia in Guillena made this clear. IOW this power can be delegated. the suspension of privilege of the writ of habeas corpus. the argument of ratification may seem plausible under the circumstances concerned which by some certain acts which by their nature cannot be validated by subsequent approval or ratification by the president. That power of control of the president is delegated to the different secretaries of the different departments as adjunct to the office of the president. the moment it is decided by the secretary of the department. as an exception to exhaustion of administrative remedies. to the exercise of the divine prerogative of mercy (pardon) These distinctions hold true to this day. It is considered an act of the president unless it is disapproved or reprobated. Indubitably. it cannot be considered as final. This is important. commutations.docudesk. on the question on WON BSP can enter into contracts… the matter of entering of treaty and agreements is a function of the president. there are powers vested on the president by the Constitution which may not be delegated to or exercised by an agent or alter ego of the president.

invasion or rebellion. Integrated Bar of the Philippines David et al vs Executive Secretary DECALARATION OF WAR Of course the president as the commander in chief can declare war. the president can declare war if indeed there is war. The purpose of the report is for the congress to determine whether it should be revoked. DECALARTION OF NATIONAL EMERGENCY Another point you should TN being the commander in chief. Executive privilege has nothing to do with it. call out AFP (cannot decipher) -the power to call out the AFP to prevent or suppress lawless violation. (!this is one of the exceptions where the houses vote jointly!) The president cannot set it aside neither can it be reviewed by SC. charged with capital offense 2. proclaim a state of martial law 4. EXPIRATION On 60 days. suspend writ of habeas corpus 3. -RIGHT TO BAIL And the right to bail is still available unless it is not bailable. He must submit a repot to congress. the decision of that tribunal is subject to appeal not to any civilian court but to the resident in his capacity of commander in chief of AFP. they can be court martialed. public safety requires it Invasion or rebellion must be actual and not merely imminent. automatically it is lifted by operation of law upon the expiration of the period unless it is revoked earlier or if not it is extended by congress by majority votes in a joint session voting jointly. They have to follow the chain of command. like coup d’ etat. TN of cases: Lacson vs Perez. evidence of guilt is strong POWER TO CONTROL THE ACTS OF THE AFP 1. He doesn’t have to report to congress. That is the structure of the military. AND 2. It is not subject to judicial review.CONSTITUTIONAL LAW Kwin COMMANDER IN CHIEF POWERS OF THE PRESIDENT POWERS What are the powers? 1. Sanlakas vs Executive Committee. It is discretionary of the president. REPORT TO CONGRESS Then the president has to report to congress within 48 hours from the declaration of suspension. This is for the purpose of granting emergency power. OW should they refuse. In which case.com . 2. invasion or rebellion 2. WON there is a declaration of a state of war. CHAIN OF COMMAND Prohibiting members of AFP to freely say what they want to say or go wherever they want to go. So obey first before you complain. But there has to be determination of state of war.DEMO :: http://www. where there are constitutional limitations. It is part of the president’s power as the commanding in chief. invasion or rebellion. Of course this is without prejudice to hearing. control the acts of the AFP POWER TO CALL OUT AFP This is the power to call out the AFP to prevent or suppress lawless violation. unless you are judicially charged. unlike the suspension of the writ of habeas corpus or the declaration of martial law. or state of rebellion. CONSTITUTIONAL LIMITATIONS OF SUSPENSION OF WRIT OF HABEAS CORPUS AND PROCLAMATION OF STATE OF MARTIAL LAW REQUISITES Only two requisites: 1. LENGTH OF DETENTION For how long can you be detained where the court cannot interfere into the detention after a warrantless arrest pursuant to the suspension of the writ of habeas corpus? You cannot be detained for more than 72 hours. Kwin transcripts Page 80 PDF Created with deskPDF TS PDF Writer . APPERANCE IN LEGISLATIVE INQUIRY Prohibiting them from appearing in any legislative inquiry.docudesk. Because there are two requisites to deny you of your right to bail: 1. the president can declare a state of national emergency.

ABSOLUTE.DEMO :: http://www. it doesn’t matter. It is non appealable. 3. EFFECT ON FULLY SERVED SENTENCE This may also be served to persons who have fully served his sentence because there are some cases where you have conviction for more than 2 years of imprisonment or when you are dismissed from the service.com .docudesk. Amnesty 3. The moment it is granted. not granted to persons convicted of election offenses -unless there is favorable recommendation from the Comelec 4. Kwin transcripts Page 81 PDF Created with deskPDF TS PDF Writer . it could either be absolute or conditional. it cannot be appealed unless there is a grave abuse of discretion. not granted to one who is cited for contempt in civil cases and court proceedings PARDON WITHOUT CONCURRENCE – FINAL AND EXECUTORY In pardon granted by the president. WON it will be accepted by the pardonee. that requires the consent of the pardonee because it can be more burdensome on his part. Remittance of fines and forfeitures GRANT OF PARDON Usually this is granted to persons or accused who are charged with ordinary offenses whether criminal or administrative in nature It can only be granted when the judgment of conviction has become final and executory. CONDITIONAL. Meaning. not granted to one who is cited for contempt in a legislative inquiry 5. LIMITATIONS ON THE GRANT OF PARDON 1. That is discretionary in the president.CONSTITUTIONAL LAW Kwin SEC 19 – EXECUTIVE CLEMENCY Grant of: 1. GRANT IN ADMINISTRATIVE CASES What is the effect of grant of pardon in administrative cases? Would it reinstate him? That depends on the nature of pardon that may be granted by the president. not apply to employees of the judiciary including the judges -because the discipline of judges and employees of the judiciary are exclusive to the SC. The president has to specify that it is including his reinstatement in office. not subject to review non appealable. So he need not serve his remaining years if there is still a number of years that he has to serve as part of his sentence. Like the forfeiture of your: Right to vote Parental authority over children Administration over conjugal property Right to run for public office. Reprieve 4. EFFECT OF GRANT What will be effect of granted? He will be relieved of further punishment. KINDS OF PARDON The moment he is granted pardon. cannot be granted to someone who is convicted of impeachment 2. it is still relevant. if convicted and the judgment of conviction has become final and executory. still he can be granted pardon because that will relieve him of further punishment. If it is absolute pardon and you have already served your term of imprisonment. even if he has served it already. There are accessory penalties included in the penalty or sentence. Pardon 2. Commutations 5. that is final and executory. without concurrence of congress.

The justification of SC that they are never precluded form looking in to the case again specially when it is the life of the person that is at stake. So they were asking if it would apply to the rebel military as well in the grant of amnesty. the grant of amnesty to those people who staged a coup d’ etat including Honasan. what will be the effect? It will be applied retroactively because it is beneficial to the accused. as emphasized in a law particularly section 15 regarding the rules for the protection of fundamental rights of individuals. GRANT OF REPRIEVE It is a matter of postponing the execution of death penalty to another day or the execution of his sentence. GRANT OF COMMUTATION The grant of commutation of penalty is simply to reduce the penalty to a degree or 2 degrees lower depending on the circumstances. TN this can be granted before or after conviction. Because this is an act of mercy to someone who had faulted the state. SC says that the effects of Proclamation 347 issued by Ramos cover the members of AFP. It was pardon. They have the duty to protect the fundamental rights of an individual. That’s why he had to withdraw his motion for reconsideration to make the judgment final and executory to qualify him to pardon. If in fact there is a pending bill repealing the death penalty. Only the concurrence of the Monetary Board.com . But it does not require the concurrence of the senate. Of course MB has to submit to congress these treaties relating to the loans contracted.docudesk. They were questioning SC because the power of reprieve is vested only in the president. This is supposed to be granted to former NPA’s. Usually this is granted to a group of individuals or individual belonging to a group charged with political offenses. Case: Estrada What was granted to Estrada was not amnesty. Kwin transcripts Page 82 PDF Created with deskPDF TS PDF Writer . You have to admit your guilt in order to be granted amnesty. the rebels. CONDITION OF AMNESTY – ASK FOR FORGIVENESS You cannot be granted amnesty unless you ask for forgiveness. It extends to all persons who committed the particular acts described in the provision and not just rebels or insurgents. they are not deprived of control over the judgment. AMNESTY GRANTED TO MUTINERS Case: Capuna jr vs CA This was during the time of Ramos. the president cannot grant amnesty. Case: Echegaray It was the SC who issued the injunction to suspend the execution of death penalty of Echegaray. the president can grant him amnesty. Just because the judgment has become final and executory. Subject to the limitations as provided by law. Unlike in pardon. So why should the state grant you pardon if you do not ask for it. That is the prerogative of the president.DEMO :: http://www. Without the concurrence of congress. So the next thing that the court will do is to impose the penalty if it is denied. And this can only be granted with the concurrence of congress. This is about Proclamation no 347 that was issued by Ramos. His penalty will be commuted from death to life imprisonment. GRANT OF CANCELLATION OF FINES AND FORFEITURES POWERS TO CONTACT AND GUARANTY FOREIGN LOANS REQUIRE CONCURRENCE OF MONETARY BOARD This is entered by the resident by way of a treaty.CONSTITUTIONAL LAW Kwin GRANT OF AMNESTY It is a pardon granted by the president however with the concurrence of the majority of the members of congress. It’s a risk actually because what if it is disapproved by congress? It is like pleading guilty as charged. This is relevant to the amnesty granted to the mutineers including Trillanes. IOW before he is tried in court. it can only be granted by the president when the judgment of conviction becomes final and executory.

Then they would sign initially.com . through the DFA. Remember. that is exclusive to the president.docudesk. It is not permanent. concurrence of 2/3 votes. Hence it is within the authority of the president to refuse to submit the treaty to the sanate or having its consent or ratification. it has to be with the 2/3 votes of the senate. So no need to be concurred by the senate. it affects the whole country EA: it is only providing for details. Case: Akbayan vs Aquino The treaty negotiations is primarily confidential. Such treaties and agreements must pass the senate for: 1. REQUIREMENT OF CONCURRENCE TN of the requirement of concurrence. it is subject to the concurrence of the senate. Thereafter. The senate could either: 1. it does not bind us. NEGOTIATION POWERS OF THE PRESIDENT You have the powers to negotiate treaties and other international agreements. may be disapproved outright or 3. Such decision is within the competence of the president alone which cannot e encroached by the court via a writ of mandamus. Only treaty and international agreement. PROCESS OF TREATY MAKING There is the negotiation by the president. However to bind the republic. but the president it does not ratify it. they cannot interfere. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. concur with it or recommend some changes before they concur it What will happen if the senate will recommence for their concurrence? They will renegotiate. that treaty will be submitted to the senate for review. HOW TO BIND THE REPUBLIC What is the effect if the senate does not concur it yet the president has signed it? Can we still be obliged internationally? Even if the president has signed it but the senate does not concur it. It is for time to time negotiation. Kwin transcripts Page 83 PDF Created with deskPDF TS PDF Writer . Although the refusal of the state to ratify a treaty which has been signed in its behalf is serious detriment.DEMO :: http://www. it is inconsequential whether the US to treats it as an executive agreement because under the international law. an executive agreement is as binding as a treaty. The SC has no jurisdiction over actions seeking to enjoin the president in the performance of official duties. however to make the treaty effective and bind the Philippines. disapprove it outright 2. or 2. it should not be taken lightly. The court therefore cannot issue a writ of mandamus prayed for by the petitioners as it is beyond the jurisdiction to control the executive function of the government to transmit the signed text of Rome statute to the senate. the senate cannot intrude and congress is powerless. Executive agreement. In the field of negotiation. still it does not bind us. Even if the senate has concurred it. Case: Bayan vs Zamora In the case of DFA. The role of the senate is limited to giving or withholding its consent or concurrence to the ratification.CONSTITUTIONAL LAW Kwin SEC 21 SECTION 21. concurrence is exclusive to the president. be approved conditionally subject to the conditions made by the senate so the president can renegotiate it Case: Pimentel vs Executive Secretary Who has the sole power to ratify the treaty? The sole power is vested upon the president. refuse to ratify it. TREATY AND INTERNATIONAL AGREEMENT VS EXECUTIVE AGREEMENT T/IA: it is political in nature.

So there has to be an applicable law such as statutes or the constitution as basis for the settling of disputes. there has been an EXPANDED JURISDICTION of the courts including the lower courts. Remember that property in Japan.com . So on issues of policies and wisdom. So as a GR. Repongi property. DEPORTATION OF THE ALIENS Deportation of the aliens is not provided in the constitution but it is part of its residual power. must be in accordance of law. ETC This is discretionary of the president. it only involves justiciable questions. Not only that the function is to settle disputes justiciable in nature. also known as the EXPANDED JURISDICTION OF THE COURTS or the POWER OF JUDICIAL INQUIRY. that should be answered by the people on their sovereign capacity which capacity has been delegated the full discretionary power to the president who makes the policies or to congress who makes the rules. This is what we call the JUDICIAL REVIEW POWER OF THE COURTS. He must be authorized by law through congress. 2011 ARTICLE VIII JUDICIAL DEPARTMENT SEC 1 SECTION 1.DEMO :: http://www. belongs to the president. it has to be with the consent of congress. If it is a property owned by the state in its sovereign capacity. there has to be a declaration that it is disposable and alienable.docudesk. It’s only when this discretion is abused amounting to lack or in excess of jurisdiction that the courts may look into in order to comply with its mandate under the constitution to make sure that whatever laws that may be passed or policies of the government may formulate. TN. SETTLING DISPUTES TN as regards to the matter of settling disputes. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. as a GR. judicial power of review We will know what judicial power is. on judicial review. PROVISION OVER LOCAL GOVERNMENTS We have discussed this already. laws passed by congress and policies made by the executive branch cannot be reviewed by the courts because it might violate the separation of power. It’s not a lot belonging to the Republic of the Philippines. and one is asking for reliefs or redress of the violation of his rights. 1. Only lands that is classified as alienable may be sold.CONSTITUTIONAL LAW Kwin ACCEPTANCE OF AMBASSADORS. JUDICIAL POWER 1. the definition of Judicial power is limited only to settling disputes. Because when you sell it. There must be a law authorizing its sale or alienation. June 25. this time. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. It must be with the consent of congress. meaning his rights have been violated and you are seeking redress in the courts… Because the 1973 Constitution. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. CLASSIFICATION AND SALE OF PUBLIC LANDS The classification of public lands and to sell the same. it should not be interfered with OW there may be a violation of the separation of powers. Because in 1987 constitution. Kwin transcripts Page 84 PDF Created with deskPDF TS PDF Writer . 2. involving rights which are demandable and enforceable. it includes the determination whether there has been a grave abuse of discretion amounting to lack or in excess of jurisdiction. So the president may not covey or sell real property of the government on her sole will. JUDICIAL REVIEW OTOH. settling disputes 2. CONSULS. Case: SRP They are saying that there has to be with the consent of congress if that is acquired by the LGU in its proprietary capacity.

DEMO :: http://www. However.docudesk. TN of the MOOTNESS DOCTRINE. no contrariety of rights involved. but later it was lifted. the court may still entertain the question of constitutionality in order to: 1. But according to SC.CONSTITUTIONAL LAW Kwin This is not an assertion of the superiority of the courts. The court cannot look into them because it’s a matter of questions of policies or issues of wisdom and thus it cannot be looked into as a GR. the issue was raised in the SC. raised by the proper party 3. because either it has already been granted or the matter is academic because it is overtaken by events. POLITICAL QUESTIONS TN on political questions. IOW there is still a possibility that this may crop up again in the future. TN as a GR. on the MOOTNESS AND ACADEMICNESS of the issue.com . then the case may be dismissed outright by the court for there is no conflict yet. where you have to declare the rights and obligations of the parties under the contract. it should not be premature. constitutional issues raised requires formulation of controlling principles to guide the bench and the bar and the public 4. vs Executive Secretary The SC proceeded in determining the issue on constitutionality because the issue raised is of transcendental importance or on paramount public interest. MOOT AND ACADEMIC PRINCIPLE OTOH. In which case. the law that they applied must be constitutional. As a GR when the issue becomes stale. rather the supremacy of the constitution. 1. raised at the earliest opportunity of time 4. POLITICAL QUESTIONS may be look into if there is allegation of abuse of discretion. Can they go to court and seek the court to decide WON the law that was used as basis as constitutional? YES. meaning it must be existing. when somebody was questioning the validity of the declaration of state of emergency. the exceptional character of the situation and the paramount public interest is involved 3. and it should not be also moot and academic. However. provide for guidelines 2. the case is capable of repetition yet evading review. Only to that extent. REQUISITES OF JUDICIAL REVIEW The courts must make sure that the requisites of a judicial review must be present. And it should not be simply asking of a hypothetical question or an advisory opinion. that may be the subject of the subject of a judicial inquiry as a GR. but it may happen that if it is not interpreted. SC said. actual case or controversy 2. it is not a magical formula that can automatically dismay the courts in resolving a case. So if it is premature. Nobody is aggrieved. So the issue may become moot and academic already because it is no longer existing or the case is still pending before the courts for its determination. only JUSTICIABLE QUESTION right for judicial adjudication. ACTUAL CASE OR CONTROVERSY If it is an actual case. there is gave violation of the constitution 2. then there may be cases that would be cases that would be filed in court? Is this hypothetical or only asking for advisory opinion? Example. it should not be a mathematical formula to dismiss the case because it has already become moot and academic. the bank will be sued by either one who is aggrieved by the decision of the bank. although there is no conflict yet. Only when there is allegation of abuse of discretion that it may be looked into by the courts. But certainly. there is a question on the constitutionality of the laws based as basis for the claims over the deposit. lawyers and public on how to deal with it. may the court review the contract on its validity based on the constitutional provision or an existing statute? Even if no rights yet that are involved that are in conflict. lis mota of the case (the main case cannot be decided without resolving the issue on constitutionality) 1. educate the bench and the bar DECLARATORY RELIEF On the matter of declaratory relief. if the bank will award any of the claims of either party. even if the issue has become moot and academic. REQUISITES FOR JUDICIAL REVIEW ON MOOT AND ACADEMIC ISSUES Case: David et al. Meaning. Kwin transcripts Page 85 PDF Created with deskPDF TS PDF Writer . At least there is specific guidelines to judges. Ripe for judicial determination or adjudication. The bank is not involved in the conflict of these two claimants. Case: Angara vs Electoral Commission Case: Marcos vs Manlapus Because of this requirement. There is no more national emergency because it was already lifted by the president. So the bank has to be sure that if they are going to award the account to a particular claimant on the basis of a law. A PETITION FOR DECLARATORY RELEIF according to SC is an actual case or controversy. A claim by two claimants and there are different laws as basis. Example. the MOOT AND ACADEMIC PRINCIPLE. Courts will decide cases OW moot and academic if: 1.

DEMO :: http://www. So what patrimony will these children inherit if they are all destroyed? So they are considered proper party under the PRINCIPLE OF INTEGENARTIONAL RESPONSIBILITY to preserve our timberland because of the public right of the people to a healthful and balanced ecology. if it is not resolved. the court may still look into the matter. -Case: del Pilaan vs Ramos As to the extent of this right. you go into the transcendental importance in the matter of determining whether a person is a proper party. Therefore. One has to be the person who has personal and substantial interest in the outcome of the case. involves disbursement of pubic funds contrary to law 2.CONSTITUTIONAL LAW Kwin As a GR. Senate vs Ermita as regards to EO 464 d. right to vote 2. this is not the actionable right in civil law.com . Case: Kilosbayan vs Ermita The SC took cognizance over the petition of Kilosbayan questioning the qualifications of the appointment of the justice in SC. RAISED BY THE PROPER PARTY DIRECT INJURY TEST OR PRINCIPLE What we follow in this jurisdiction is direct injury test or principle. is anomalous 3. if not constitutional significance. considering that the matter involves a constitutional significance. eventually you will be destroying the land and forest. because the person who filed the case has no actionable right. the court will no longer look into the matter if the issue has become moot and academic unless when the issues involved the four requisites. who are considered proper party to question the validity of the law? a. they cannot be the proper party. stands to be injured if the case is to be decided against him or benefited if decided in his favor. even if the party concerning may not be directly affected by it. Sc said. minor children -Case: Oposa vs Factoram The right is potential only. So this case is a matter of primordial importance according to the SC because it involves compliance to the constitutional mandate. In many cases. Again. In civil law. 2. taxpayer -if the law : 1. specially on the qualification of the member of SC where its importance is utmost and far reaching. voter -only when it involves: 1. A case may be dismissed for lack of cause of action. It only refers to LOCUS STANDI that may affect public right. That is not the kind of actionable right that has been referred to here as the proper party. but it is not pervasive. injury could either be actual or potential. There is a exception to this: when the issue involved is of transcendental importance or of paramount public interest. e. Sandigan Bayan. Kwin transcripts Page 86 PDF Created with deskPDF TS PDF Writer . without the citizenship of the person to be appointed to be a member of this court. Because it is imminent that if there will be no regulation in the grant of logging concession. ordinary citizen -if he is injured by the application of the law complained of b. in the event that he is disqualifies cannot assume his appointment. PROPER PARTY A PROPER PARTY is one who has sustained injury or is imminent danger of sustaining injury. They wanted to stop the issuance of the appointment of Ong of the Sandigan Bayan to SC because they suspected he is not a natural born citizen. congress -if it encroaches with the legislative imperatives -ex. Specifically. SC nonetheless may look into the matter. the court may set aside the requisite of proper party as a mere procedural technicality and may proceed in assuming jurisdiction and take cognizance over the petition only to resolve that issue. involves imposition of tax that is unreasonable or excessive c. election laws TRANSCENDENTAL IMPORTANCE Is it a necessary requisite before the courts to consider before it will take cognizance that may be complaint that may be filed relating to questions of constitutionality of any law or acts of the president? NO.docudesk. particularly qualification.

Kwin transcripts Page 87 PDF Created with deskPDF TS PDF Writer . EFFECTS WHEN COURT DECLARES A LAW UNCONSTITUTIONAL The thing that you should TN is the consequences or the effect when the courts exercises the power and declares the law as unconstitutional. lack of jurisdiction b. imposes certain obligations.CONSTITUTIONAL LAW Kwin 3. when the issue is jurisdiction -because the proceedings is void. before declared a nullity. you have to recognize the operative fact as to its existence before it is declared a nullity. It confers no rights. modern view In this jurisdiction. But the moment it is declared unconstitutional. issue of estoppel c. It is only when it is unavoidable that first. t creates no office and it affords no protection. So then how do you treat the law that has been declared as unconstitutional? In modern view. MODERN VIEW OPERATIVE FACT DOCTRINE What happens to the consequences when the law was still applied for? It was not declared as unconstitutional. 2. we follow the modern view. It is as if it was never passed since the time it was declared a nullity. and this cannot be ignored because you might prejudice substantial rights.DEMO :: http://www. there will be no compromise. or still considered as valid? This is what we call the OPERATIVE FACT DOCTRINE. valid until. RAISED AT THE EARLIEST OPPORTUNITY OF TIME If it is not stated in the pleadings. 4. in civil cases. it has to resolve the constitutionality of the law in question before the courts can resolve the issue.docudesk. then these rights must be respected.com . it poses no obligations. in a criminal case. and thereby accord respect to co-equal branches of government such that of congress or president. judgment is void as well c. they are declared a nullity. it is applied and we have to respect the consequences and the effects of that law. LIS MOTA OF THE CASE (the main case cannot be decided without resolving the issue on constitutionality) Meaning if there are other ways to resolve the case without touching the constitutionality of the law. lack of prerequisites So the case can be disposed of by those grounds. It will be as if that law has never been passed. creates no office. the consequences and the effects of that law. It is as if the law never existed. they are only considered as voidable. TRADITIONAL VIEW It is void from the very conception of the law. 1. If it has created rights. So grounds like: a. traditional view 2. It imposes no obligations. EXCEPTIONS TN of the exceptions where it can be raised even for the first time on appeal: a. 1. that law existed and has created certain rights. when it involves constitutionality of a law as basis in the conviction of the accused b. Case: Agbayani vs PNP Case: Flores In this jurisdiction. at least during the trial. affords no protection. You cannot simply ignore that once upon a time. only when it is unavoidable that they have first to resolve the issue on constitutionality before they resolving the main case itself to grant or deny the releifs of court. then the courts should avail of the other grounds to not violate separation of powers. one cannot be able to raise the issue on constitutionality for the first time on appeal. confers no rights. Therefore. until it is declared as a nullity.

And if they die. that is prohibited. for offense. The cannot be charged for disbarment. art 8 JUDGMENT OF LOWER COURTS BINDS PARTIES OF THE CASE ONLY The only difference is that the declaration of nullity by lower courts may not be final or binding. So even if RTC declares an ordinance unconstitutional. the justices of SC are removable only through impeachment You cannot sue them for civil cases. it is not jurisprudential. for damages in criminal cases. intermediate appellate courts 1. such other courts that are created by statutes: a. court of appeals 2. and even if the judgment becomes final. that cannot be used as basis no to apply anymore the ordinance because that binds only the parties with respect to that case It may be repeated. So you have: 1. SC is a constitutional court It cannot be abolished by congress.DEMO :: http://www. It cannot be used to guide the judges and the lawyers as well as the public as to the constitutionality of the law. sandigan bayan 3. sec 1. some members of SC are also members of the electoral tribunal (quasi judicial) b. Relatively they have some kind of immunity. lower courts 1. the spouses will receive the salaries of the judges. You also have the provisions of sec 5 art 8. art 8 2.com . 3. court of tax appeals b. It is when only it is declared with finality by SC that the issue on constitutionality is resolved or settled. The mandatory retirement age for civil service is 65. they cannot conspire in order to abolish the SC because it created by the constitution and they can only be abolished by the constitution. that’s the prohibition against… The appointment for example of a justice of the SC to become a cabinet secretary to advice the president on judicial matters. sec 5. So when judicial power is defined as not just settling disputes but as well as determining abuse of discretion. This is also exercised by the lower courts. second level – MTC They exercise judicial review because in sec 1. it says judicial power is vested in SC and such other courts established by law. Kwin transcripts Page 88 PDF Created with deskPDF TS PDF Writer . Only the SC can say with finality WON the ordinance or any law for that matter is in consonance with the constitution. GUARANTIES OF THE INDEPENDENCE OF SC What are the guaranties of the independence of SC? What are the factors that safeguard the independence of the judiciary particularly of SC? 1. chief justice of SC chairs the JBC (administrative) But as a GR. Because this will circumvent the law on their removal. then it is understood that the power is likewise by the lower courts. Because even if the order is already final. 2. to avoid violation of separation of powers or encroaching into each other’s powers. for how long will they stay in the judiciary? All judges and justices of the SC stay in office until they reach the age of 70. If they are not impeached. But the justices and judges of the courts are given the option to retire at 60 for as long as they have been in service for 15 years and 5 years in the judiciary. What are these courts vested with judicial review power? 1. purely judicial function They are prohibited from exercising quasi judicial or administrative functions. first level – RTC 2.CONSTITUTIONAL LAW Kwin LOWER COURTS VESTED JUDICIAL REVIEW POWER This judicial review power is not exclusive to the SC. under the appellate jurisdiction of SC… what will the SC review on the constitutionality if in the first place the lower courts do not exercise judicial review. And when they retire they continue to receive the last salary they have received including allowances. Even if congress and the president dislikes the chief justice of the SC. There are exceptions to this: a. unless they are dismissed from the service if they become insane or permanently disabled or have resigned. SC and 2.docudesk. And then finally it reaches the SC.

natural born citizen 4. appointed by SC The personnel of the courts from the janitor to the clerks of courts except the judges are appointed by the SC en banc in accordance with the civil service law. And for every vacancy. on the rule making power of SC. probity and independence Kwin transcripts Page 89 PDF Created with deskPDF TS PDF Writer . can that be done? NO. Their budget cannot be reduced. you do not file it with the office of the president or with the office of the ombudsman. even without the consent of SC. integrity. not subject to the confirmation of the CoA Another point on respect to the guaranty of its independence. with experience in the practice of law or as judge for 15 years 3. However. Can the original jurisdiction provided by constitution be increased by SC by legislation? YES. 6.docudesk. the last budget of the SC will be revived without deduction. from 2b to 800m. QUALIFICATIONS OF MEMBERS OF SC (JUSTICES) 1. 5. increase of appellate jurisdiction Jurisdiction of SC is both original and appellate. detaining judges In the matter of detaining judges temporarily. The point here is. Can they be disciplined by the ombudsman? NO. However the president. OW. So they can only be the one to amend the rules of court.DEMO :: http://www. this is with respect to their appointments. Judges can only be removed by SC. they are screened by the JBC and the appointment by the president is limited only by the list submitted by the JBC. b. Because in the manner of disciplining court personnel and judges. You file it directly with the SC. Increase by of the appellate jurisdiction. if it is without advise or concurrence by SC. If you have any complaints against the court personnel or judge or justice. 8. there should be at least 3 nominees. they cannot decrease the budget of SC. even if congress dislikes the SC. Automatically. who does that? Only the SC. They are provided in the constitution. The issue on the budget of the SC on this year is not the reduction of the budget but on the proposed increase that was reduced. But TN. appointment of personnel is vested in the SC a. rules on pleadings and procedure in court How about the lower courts? Who determines the jurisdiction of the lower courts? They are created by law. who promulgates rules governing pleading and procedure in courts which must be uniform? Exclusive to the SC. that is exclusive to the SC. 7. cannot remove them from office. their jurisdiction. They cannot divest but can be increased. at least 40 years old 2. they have fiscal autonomy. although appoints the judges and justices. fiscal autonomy . it is unconstitutional.budget of SC With respect to their budget. Can the original jurisdiction provided by constitution be reduced by SC by legislation? NO.com . This is exclusive to the SC to maintain independence of the SC. They are not subject to the confirmation of the CoA. under sec 15. Justices of the SC can be removed only through impeachment. Can they be dismissed by the president? NO. under the rules of court.CONSTITUTIONAL LAW Kwin 4. proven competence.

quo warranto and habeas corpus CANNOT BE REDUCED The original jurisdiction of the SC cannot be reduced. proclamations. ORIGINAL JURISDICTION OF SC 1. that is also exclusive to the SC considering that the matter of disciplining court personnel and judges is within the power of SC under the exclusive supervision of the SC over courts and court personnel. subject to the rules of the civil service law. it should be first referred to the office of the SC to take cognizance over the complaint. assessment or any other penalties imposed in relation thereto 4. APPOINTMENT OF COURT PERSONNEL As part of the guaranty of the independence of the courts. prohibition. petition for review 2. JUDICIAL INDEPENDENCE We also explained the safeguards of judicial independence. cases against foreign ambassadors stationed in the Philippines and consuls and other public ministers -concurrent with CA and RTC 2. ordinances and other regulations 3. which rules of court are subject to changes or amendments by the SC as part of its rule making power. while the judges are appointed by the president. petitions for certiorari. SC EN BANC In this connection. constitutionality insofar as application or operation of presidential decrees. international agreement or executive agreement or law 2. the conduct of the preliminary investigation. and only when the SC makes a recommendation of an indictment.com . It is part of the guaranty of his independence. SC cannot be divested of that jurisdiction. mandamus. all cases involving the constitutionality of treaty. instructions. petition for certiorari What are the cases that are heard by the SC in its appellate jurisdiction? 1.DEMO :: http://www. such power is vested in SC. JURISDICTION LOWER COURTS Insofar as jurisdiction of the lower courts. these are determined by congress. You have the rules of court governing jurisdiction of the rules of court. all cases in which the jurisdiction of any lower court is an issue 5. they can only be disciplined by the SC sitting en banc. CAN BE INCREASED Can it be increased without the consent or the concurrence of the SC? YES. we have provisions in the constitution defining its original as well as appellate jurisdiction. APPELLATE JURISDICTION OF SC Basically you have two: 1. 2011 JUDICIAL POWER What we were discussing was the extent of the judicial power of the courts particularly of the SC.CONSTITUTIONAL LAW Kwin June 27. cases where only errors or questions of law are involved CANNOT BE REDUCED Can they be increased or reduced? Can SC be divested of its appellate jurisdiction? NO. tax imposts.docudesk. Kwin transcripts Page 90 PDF Created with deskPDF TS PDF Writer . criminal cases where the penalty imposed is reclusion perpetua or higher 6. SUPREME COURT Insofar as the SC OTOH. So that if there are complaints filed against judges and court personnel. with respect to the criminal aspect of the compliant. TN that insofar as administrative complaints is concerned. orders. the criminal aspect that the ombudsman may take over the investigation. REQUIREMENT OF FILING CRIMINAL CASE IN OFFICE OF OMBUDSMAN AGAINST COURT PERSONNEL Should you file a case in the office of the ombudsman. the matter of appointment of personnel from the court to a clerk of court or even higher position than that except for judges of the lower courts. DISCIPLINING COURT PERSONNEL So in the matter of dismissal from the service. TN. We have discussed the nature of judicial power and the extent of judicial review as well as on the effects of declaration of nullity. that is exclusive of the SC. Case: Maceda vs Ombudsman SC has emphasized that still. or promulgating rules governing procedure and pleadings.

the subject can only be interpreted as meaning there is no intention to diminish that plenary power. CHANGE OF VENUE OR PLACE OF TRIAL TO AVOID THE MISCARRIAGE OF JUSTICE Case: People vs Sola Then the change of venue or place of trial to avoid the miscarriage of justice. that law increasing the appellate jurisdiction of the had no prior concurrence or advise of the SC and thus the provision was declared unconstitutional. AUTOMATIC APPEAL TO SC – NOW PASS TO CA On the matter on appeals on judgment of conviction where the penalty is reclusion perpetua supposedly it is only exclusive to SC where you file an appeal by filing a notice of appeal because it is not automatic. SC deems it wise and compelling to provide in these cases a review by the CA before the case is elevated in the CA. nowhere has it been prohibited an intermediate review. TN of the writs that have been issued and justified by the rule making power of the SC 1.CONSTITUTIONAL LAW Kwin GR: CANNOT BE INCREASED Can it be increased? NO. if it is more than 6 months. TN that on RA 8974 on national infrastructure. Kwin transcripts Page 91 PDF Created with deskPDF TS PDF Writer . POWER OF PROMULGATING RULES This is very important. the fundamental law requires mandatory review by SC of cases where the penalty perpetua. TEMPORARY ASSIGNMENT OF LOWER COURT JUDGES TO OTHER STATION It need not be with the consent of the judge if the assignment is less than six months. contrary to rule 67 which require only a deposit was recognized by the SC.docudesk. it should be with the consent of the judge concerned. TN that under the new rules of the office of the SC. Case: People vs Mateo The SC said. The rule allowing the CA. that is exclusive to SC to do so? While it is true that insofar as the power to amend the rules is vested in the SC under its rule making power. practice and procedure of all courts 3. SC said. rules governing the integrated bar of the Philippines 5. Case: Fabian vs Disierto With respect to RA 6770 when the law provides that the decisions of the ombudsman in the criminal cases are reviewable only by the SC. as it was enunciated n the case of People vs Mateo. however you take note of the case of: Case: Gingoon vs Republic Where the law was passed that determines just compensation in expropriation cases involving national infrastructures which in effect amended the rules of court on the matter of determination of just compensation. rules governing pleading. However.DEMO :: http://www. Because while rule 67 of the rules of court provides that all that is needed for the writ of possession to be issued is 10% of the estimated value based on assessed value of the municipal assessor. Procedural first and foremost falls more squarely within the rules making prerogative of the SC than the law making power of congress. The silence of the constitution. just compensation in expropriation cases where SC said that that will not preclude however the power of congress to pass any law including amending the rules of court considering that the legislative power vested in congress is plenary. writ of kalikasan Insofar as their issuances. the appeal should first pass to the CA before it goes to the SC. SC said congress has the plenary legislative power. TN in case of doubt whether it can be changed. writ of habeas data 2. life imprisonment or death. RA 8974.com . protection and enforcement of constitutional rights 2. it has to be resolved in favor of the change of venue in order to prevent the miscarriage of justice. writ of amparo 3. If it is without the advise or the concurrence of the SC. SUBJECT MATTERS WHICH CAN BE BASIS FOR PROMULGATING RULES Insofar as the procedural rule making power. addition to the practice of law 4. sec 15. Justification. TN of the subject matters that could be the basis of the promulgation of rules: 1. a subordinate appellate court before the case is elevated to the SC for automatic review is such a procedural matter. rules governing the legal assistance of the under privileged WRITS ISSUED BY SC IN CONNECTION WITH RULE MAKING POWER In connection to this. they are justified under the rule making power of the SC. Does this mean that insofar as amending the rules of the SC. on purely questions of law or abuse of discretion amounting to lack or in excess of jurisdiction. which require full payment before the state may exercise proprietary rights. It is only when the penalty is death when appeal is automatic even if accused does not file a notice of appeal.

appeals from Sandiganbayan & Constitutional Commission The SB is directly to the SC because it is co-equal to CA. If there is already a principle established in the case by the SC sitting in division. uniform for all courts of the same grade 3.com .docudesk. like: 1. all cases to be heard en banc under the rules of court 3. because there are many cases appealed to the SC. it should be: 1. Thus as a condition precedent to an appeal to be taken cognizance by the SC on decisions of the Comelec. If there are 5? At least 3. a motion for reconsideration must be first filed or resolved by the Comelec en banc. If there is 6? At least 4. they decide cases in division of 3. simplified and inexpensive procedure for the speedy disposition of cases 2. If there are 3? A unanimous 3. 6. So better if you can memorize the cases that must be heard en banc. instructions. by the circular of the SC before it goes to mandatory review of SC. increase or modify substantive rights (rearranged) VOTES How many votes is required to arrive at a decision OW the appeal is dismissed? If it is a division of 7. Insofar as Comelec. If it is a division of 5. administrative cases to discipline or dismiss judges of lower courts 7. If there are 3? There is no more quorum. If it is a division of 3. you file a motion for reconsideration in the SC sitting en banc because only SC en banc can reverse a decision that establish the principle either by SC sitting en banc or in division. If it is not obtained. That can only be done by SC sitting en banc. executive agreement or law 2. it is directly appealable to SC purely on questions of law or on allegations of abuse of discretion amounting to lack or in excess of jurisdiction. 4. IOW only through a petition for certiorari. not diminish. then in which case. Insofar as COA. election contest for the president and VP Kwin transcripts Page 92 PDF Created with deskPDF TS PDF Writer . These are the cases that are not covered by cases to be heard only by SC en banc. 5.DEMO :: http://www.CONSTITUTIONAL LAW Kwin LIMITATIONS ON RULE MAKING POWER OF SC TN on the limitation of the rule making power of SC. If there are 4? At least 3. international agreement. it will be held by SC sitting en banc. TN it must first pass through the CA. cases where SC modifies or reverses a doctrine or a principle laid down by SC either sitting en banc or in division. ordinances and other regulations. orders.5 and 7. how many votes are needed? At least 3. how many votes are needed? At least 4. Insofar as Civil Service Commission. cases involving the constitutionality of application or operation of PD’s. all cases involving constitutionality of treaty. proclamation. only decisions of Comelec en banc can appealed to the SC. If there are 4? At least 3. how many votes are needed? A unanimous 3. CASES TO BE DECIDED EN BANC What are the cases to be decided by SC sitting en banc and in division? As a GR. if you are to reverse that decision. IOW it will be not less than 3 in all divisions.

It is only applicable with respect to this case and may not be used as a precedent. Does this violate section 14? TN of the following cases: Case: Comacho vs CA Case: German Machineries Inc. judgment is still valid. even if the SC ultimately will dismiss the petition. it must state the past and applicable law and jurisprudence. still SC has to comply with sec 14. Further.docudesk. There is no point in reproducing or restating in the resolution of the denial the conclusions of the appellate court affirmed. sec 14 does not preclude the validity of memorandum decision where the SC makes only a referral of the decision already made by the lower court which the by the reference. AS TO FORM AND MANNER TN of the requirement. MEMORANDUM DECISION On memorandum decision. under sec 14. there is no need to fully explain the court’s denial as it means that means that the SC agrees with or adopts the findings and conclusions of the CA. that would be subject to a disciplinary action against a judge.com . That’s a pro hac vice decision. EXCEPTIONS What is important in sec 14 are the exceptions. While if forced to find any reversible error committed by CA. is it mandatory is directory? It is DIRECTORY because even if judgment is rendered after the prescribed period. But the moment the SC gives due course to the petition. Kwin transcripts Page 93 PDF Created with deskPDF TS PDF Writer . SC explained that the grant of due course to a petition for review is not a matter of right but of some judicial discretion. court should decide cases for a period of: 1. TN that in the requirement. It is intended to avoid cumbersome reproduction of the decision or portions of the lower court. specially for lower courts because if they fail to comply or follow the prescribed period. SC: 24 months 2. the findings of facts and conclusions of law contained in the decisions of inferior tribunal. IOW if the SC denies a petition for review. IAC: 12 months 3. is that acceptable? Case: Oil and National Gas Commission SC said. vs Indaya Case: Solid Homes vs Lacerna Case: Aregado vs Yama Where the SC stressed that SC has discretion to decide whether a minute resolution should be used in lieu of a full blown decision in any particular case. the SC need not explain that.DEMO :: http://www. The constitutional requirement of sec 14 art 8 of a clear presentation of facts and laws applies to decisions where the petition is given due course but not where the petition is denied due course with the resolution stating the legal basis for the dismissal. Insofar the SC dismissing a petition for review or certiorari by the mere statement for lack of merit. Also you must learn the definition of the term: Obiter dictum Pro hac vice PRO HAC VICE This was used in the case of Ampatuan as regards to the matter of having the proceedings of the case broadcast. It is MANDATORY in a sense. the decision is dismissed.CONSTITUTIONAL LAW Kwin DECISION OF SC PERIOD The requirement is. lower courts: 3 months BOTH MANDATORY AND DIRECTORY All from the time the case is deemed submitted for decision or resolution.

local government or any distinct unit therein.DEMO :: http://www. It is not true either with respect to money claims that labor code applies. they cannot be amended abolished by statute Each is expressly described as an independent body. STATE UNIVERSITIES How about the state universities? Are they under the civil service? So that if there is any complaint. enjoy fiscal autonomy 7. they are not within the jurisdiction of the Civil service law Only those created by special law and those with original charters are under the CS. may promulgate own rules PVDD that they will not diminish. you should file it with the civil service or the board of trustees that elected the president of a state university or college? Case: CSC vs Sohor. office. appointment of own personnel In accordance with the Civil Service law. permanent appointment. So TN that insofar as the water districts. the CS law applies. They are governed with an original charters. increase or modify substantive rights. including ad interim appointment 5. branches subdivisions instrumentalities agencies of the Government GOCC’s with original charters GOCC’s created by special laws GOCC’S Those that are created with the original charters. 2008 SC said that a state university with a fixed term of office appointed by the governing board of trustees of the university is non carrier civil service officer.com . instrumentality of government. usually exercising governmental functions. AGENCY of the government refers to the various units of the government. 8. they cannot be appointed in acting capacity. SALARIES PROCEDURE QUALIFICATION PROCEDURE RELATING TO APPEALS Kwin transcripts Page 94 PDF Created with deskPDF TS PDF Writer . WATER DISTRICTS How about water districts? Are they under CS? YES. term of office is 7 years 4. May 22. they are under the CS. This includes regulatory agencies. (!!!!!) CIVIL SERVICE COMMISSION SCOPE Memorize the scope of civil service.docudesk. INSTRUMENTALITY refers to agency of the national government not integrated with the department framework vested with special functions or jurisdiction by law. they are created by the constitution and therefore. COA is the watchdog of Philippine funds and expenditure. salaries cannot be increased during the continuance of office 6. If one is employed under the GOCC whether a regular or not. And in which case. GOCC. It is conferred with powers and functions which cannot be reduced by statutes. with some if not all corporate powers administering special funds and enjoying operational autonomy.CONSTITUTIONAL LAW Kwin CONSTITUTIONAL PROVISIONS COMMON PROVISIONS CONSTITUTIONAL COMMISSIONS Civil Service Commission is the central personnel agency. As to ordinary GOCC. the thing that you should TN is the matter that they should not be a candidate of election immediately preceding the appointment. including a department. SAFEGUARDS TO GUARRANTY INDEPENDENCE What are the safeguards that guaranty the independence of these constitutional commissions? 1.? Appointed by the chairman and members of the governing board of CVPC. members and chairman are removable only through impeachment 3. 2. it is a non carrier under the jurisdiction of the civl service commission. institutes of the government or controlled corporation. they are governed by the corporation code. usually through a charter. bureau. INSTRUMENTALITY VS AGENCY Case: Liberisa vs IAC SC said. In the disqualification of Constitutional Commissioners. COMELEC will guaranty a clean and honest and orderly election. they are governed by law.

Executive Eligibility. What is the requirement of an executive position? You have to have an executive civil service eligibility like CESO – Carrier Executive Eligibility. You can be transferred any where else. what are the requirements of a bureau? Of course the qualifications needed for the position as required by law and secondly. you don’t enjoy security of tenure. then you are disqualified.CONSTITUTIONAL LAW Kwin Because state universities are governed by special laws or chartered by special laws. Let me explain the extent of the enjoyment of security of tenure. Because of the lack of qualification. the requisite eligibility for that position. do you enjoy security of tenure to the position? NO. you still do not enjoy security of tenure. You don’t enjoy the security of tenure. CLASSIFICATIONS OF THE POSITION OF THE CIVL SERVICE 1. But if you are a CESO.docudesk. permanent appointment can be issued only to a person who makes all the requirements for the position to which he is being appointed including the appropriate eligibility prescribed. there are qualifications prescribed by law. one does not guaranty a security of tenure. professionalized the position. You accepted an appointment that is CO-TERMINUS WITH THE APPOINTING AUTHORITY because the salary is higher. Meaning. For a regional director for example. You have to have not only the prescribed qualification but as well as the required eligibility. So that explains why many directors who have been holding the position for several years already.DEMO :: http://www. relating to the requirement that in order to acquire the position. some directors are to be replaced? Although they are civil service eligible but it is not eligibility that is required of the position. what will happen here? In case you do not have the qualifications? You may not get the position… like for example. you are permanent appointee. the position requires that you have to be a doctor. civil service eligibility holder. You don’t enjoy security of tenure to the position. like for example. the required qualification and the eligibility. I want you to read the following cases: Case: Alsocoso vs Macaraig SC said. non carrier C: is based on competitive examination. Kwin transcripts Page 95 PDF Created with deskPDF TS PDF Writer . carrier 2. you waive your right against security of tenure. However you are only a nurse. NC: is usually entrance based on other than the usual test of merit and fitness -could be by election C: enjoys security of tenure NC: could be limited by the term prescribed by law could be coterminous to the appointing authority could be limited to the duration of the project for which he is employed or appointed to C: with opportunity of advancement NC: no opportunity of advancement no promotion SECURITY OF TENURE Who enjoys the security of tenure assuming that he is a carrier? Especially for the requirement of executive civil service eligibility that is now an issue… Remember that after the change of administration. The moment you accept an appointment that is coterminus to the appointing authority. Even if you are an engineer but you don’t have the eligibility. Even if you have the civil service eligibility however not the required civil service eligibility. Or even if you have CESO. OW even if you are a first grade professional. that is not the kind of eligibility that is required of the position. And you have to be a CES holder. but you have the eligibility of a CESO. The mere fact that position belongs to a carrier does not automatically confer security of tenure on its occupant even if it does not possess the required qualifications such right will have to depend on the nature of appointment which in turn depends on its eligibility or lack of it. even if you have the qualifications. however you do not have the qualification. Do you enjoy security of tenure? NO. The president is non carrier within the jurisdiction o f the civil service. Failure to apply for this requirement. To give you concrete cases relating to this. What if for example. they are still transferred or removed from office because these two must concur. you can still be removed. you have to be an engineer.com . eligibility based on examinations. However your salary is not be diminished because you are a CESO.

DEMO :: http://www. How about a pre legal officer? Is that primarily confidential? YES. NEXT IN RANK RULE The appointing authority is not bound by the next in rank rule. competitive positions 2. he shall be entitled nit only to back wages but also to full retirement benefits. How about a Casino Operations Manager? Not confidential.com . it is not automatic that he will be entitled to back wages unless: a. So only when there is a finding of abuse of discretion or bad faith on the part of the authority that he be entitled to the payment of backwages. policy determining b. And consequently. So then you have to know what are considered as confidential positions? These are primarily confidential. Still he is given a wide latitude in the choice of appointee. he is entitled the payment of backwages. on 2 instances: 1. whether the nature of function exists close intimacy between the appointee and the appointing authority which ensures freedom of intercourse without embarrassment or freedom from misgiving or los of personal trust or confidential matters. But if your appointment is temporary. confidential c. is he entitled to backwages and his retirement benefits? Case: David vs Ganas SC said. is he entitled to backwages? If he is exonerated and reinstated to office? The rule is. With or without cause. If the public official is ALREADY RETIRED. no back wages can be awarded in his favor.CONSTITUTIONAL LAW Kwin Of course those CONFIDENTIAL POSITION do not enjoy security of tenure. it is the temporary removal of an employee in an office while a case filed against him is pending. he is considered as not having left his office. is he titled to the payment of backwages when he is illegally dismissed? Case: Castillo vs CSC When the employee is illegally dismissed and his reinstatement is through order of the court. for all intents and purposes. And if at the time the decision of exoneration is promulgated. if there is an order for the payment of backwages In SUSPENSION. preventive suspension 2. they can only be removed for just or legal cause provided by law. the CS officer has been found illegally dismissed or suspended is entitled to be reinstated and to backwages and other monetary benefits from the time of his illegal dismissal or suspension and up to his reinstatement. In the event the case is dismissed. If he did not render service. he is already of retirement age. Case: BOTC vs Cruz SC follows as precedent that BOTC did not effect Cruz’s termination with bad faith. non competitive positions a. penalty REINSTATEMENT AND BACK SALARY Is he entitled to reinstatement and back salary if exonerated? In PREVENTIVE SUSPENSION. or b. Case: Monticillo vs CSC SC said that the CS is expressly empowered by the Administrative Code of 1987 to declare positions of CS primarily confidential. But for those who enjoy security of tenure. NO PAY. president declares the position as primarily confidential upon recommendation of CSC 2. if there is a finding of abuse of discretion on the part of the disciplining committee. there is no such expectations because they do not enjoy security of tenure. REMOVAL OF TEMPORARY EMPLOYEE Can you remove a temporary employee anytime? YES.docudesk. SUSPENSION OF AN EMPLOYEE 1. notwithstanding the silence of his decision. highly technical Kwin transcripts Page 96 PDF Created with deskPDF TS PDF Writer . KINDS OF POSITIONS There are positions like 1. NO WORK.

In connection to the investigation. COMMISSION ON ELECTION APPOINTMENT OF THE COMMISSIONERS PERMANENT. however it must pass through the intermediate review. Bidol was ordered to produce all the necessary election returns and the certificates of canvass which however he failed to do so. Of course the employee appealed eh decision of the CSC to CA. COMELEC can issue 1. the contempt power is execised by the Comelec is the exercise of its quasi judicial function.docudesk. Zubirri was elected as senator as a result. there was an investigation conducted on Bidol as regards to those election returns. Can CSC can appeal the decision of CA to SC? Yes.com . So here. But for purposes of avoiding any liability. NOT SUBJECT TO REAPPOINTMENT Just like the rest of the officers of the constitutional commission. that affects only to regular appointments which had been confirmed by CoA. Because according to SC. Insofar as the Comelec OTOH. SC sustained the Comelec. MAY ISSUE WRITS Can CS issue a writ of execution in order to implement its own judgment? YES. Dec 3. it has no contempt power neither the power to issue restraining powers because it is merely an investigating body except when it is exercising administrative function. it is not required that it is formal. when that order was issued by the Comelec. But it also exercises quasi legislative and quasi judicial functions subject to review by the SC. It was not in the exercise of its quasi judicial function. When you say not subject to reappointment. Let me clarify. POWERS EXERCISED CSC exercises administrative function. APPEAL BY CSC TO SC Can CS appeal the decisions of CA? Can it be an appellant of a CS case? Like for example. not administrative. Then CA reversed the CSC.CONSTITUTIONAL LAW Kwin DOUBLE COMPENSATION This is prohibited. And thus the contempt. ISSUANCE OF WRITS IN AID OF ITS APPELLATE JURISDICTION As part of its quasi judicial function. Mandamus But only in aid of its appellate jurisdiction CONTEMPT POWERS IN ADMINISTRATIVE AND QUASI JUDICIAL FUNCTIONS Do they exercise contempt powers? Yes.DEMO :: http://www. (Matibag vs Benipayo) TERMINATION OF SERVICE WITH THE GOVERNMENT You have the Law on Public Officers. appointment must be permanent and not subject to reappointment. 2009 Bidol said he lost the election returns in the Maguindanao elections. as you can recall. It is part of its quasi judicial function. the Comelec has no authority to cite him for contempt. the resignation has to accepted by the appointing authority. Certiorari 2. SUBJECT TO CONFIRMATION BY CoA The appointment is subject to confirmation by the CoA. in case of Dacoycoy where CSC rendered a decision against a CS employee and he was dismissed from employment because of nepotism. Prohibition 3. Case: Estrada vs Disierto As regards the form of resignation. On the Commission of Human Rights. So it was not purely an administrative function of the Kwin transcripts Page 97 PDF Created with deskPDF TS PDF Writer . Appeal now lies from a decision exonerating CS employee of administrative charges. But only in exercise of administrative functions. Case: Bidol vs Comelec. Because in that case the CSC was the aggrieved party. will that be considered as double compensation? Case: Santos vs CA The rule on double compensation is not applicable to pension. Bdol was cited for contempt because he did not appear anymore and did not bring the other election paraphernalia. He then appealed the contempt order to the SC saying that the order was issued by the Comelec in the exercise of its administrative function and therefore. A retiree receiving the pension of gratuity after retirement can continue to receive such pension or gratuity if he accepts another government position to which another compensation is attached. How about if he is retired and received pension and he is reemployed.

Such expulsion is for the moment an issue of party membership and discipline in which the Comelec cannot interfere given the limited scope of its power over political parties. TN While the QUESTION OF PARTY LEADERSHIP has implication on the Comelec’s performance of its functions. the Comelec can cite for contempt. But if it goes to the EXPULSION of a leader of a political party or a member from a political party. initiative. Therefore. NO. 2010 This is on the expulsion of Atienza from LBP. the Comelec may validly order a manual count not withstanding the automated counting of ballots in RA 8486.DEMO :: http://www. plebiscite. well defined and considerable latitude in adapting the means and methods that would ensure the accomplishment of the objectives of which it was created. the Comelec has the indisputable expertise of election and related laws. while on the question of party leadership has implications on the Comelec’s performance of its functions under sec 2 art 9 par c of the Constitution. NO JURISDICTION OVER SK OFFICIALS What about SK officials. the same cannot be said of the issue pertaining to Atienza’s expulsion from the LC. TN SC said. CONDUCT OF PLEBISCITE AND DETERMINATION OF RESULT How about conduct of plebiscite and determination of result? Is it with the Comelec or the courts? Case: Cayetano vs Comelec The conduct of plebiscite and determination of results shall be the business of the Comelec. That is an exclusive power of congress. PROMULGATION OF RULES IN THE CONDUCT OF ELECTION The promulgation of rules in the conduct of election is within the powers of the Comelec.docudesk. It ought to be self evident that the constitution did not envision a Comelec that cannot count a result election. resolution number 8062. CANNOT CALL FOR ELECTIONS Can Comelec call for elections? Case: Sema vs Comelec. The independent constitutional body exclusively charged with the power of enforcement and administration of laws and regulation relative to the conduct of election. who has jurisdiction? DILG. according to SC is a valid exercise of Comelec’s constitutionally mandated power to promulgate its own rules or procedure relative to the conduct of elections. 2007 National and Local Elections. It has therefore enjoyed the presumption of regularity in the performance of its duties. Comelec has jurisdiction to decide questions of leadership within a party and to ascertain its legitimate officers and leaders. Case: Limkaichong vs Comelec The resolution issued by the Comelec. The Comelec is endowed with ample. Not the Comelec. Feb 16. In this case. where the Comelec declares that notwithstanding the pendency of the disqualification case against the candidate. should they obtain the highest number of votes from the electorate should be proclaimed. In adopting such policy guidelines for the May 14. he should be proclaimed without prejudice to the continuation of the proceedings in the proper forum.CONSTITUTIONAL LAW Kwin Comelec when he was ordered but in connection with the case that was investigated by the Comelec. the citation of contempt of Bidol was in accordance with law. Kwin transcripts Page 98 PDF Created with deskPDF TS PDF Writer . Comelec assumed jurisdiction over that conflict.com . JURISDICTION OVER CONFLICTS OF POLITICAL PARTIES Can the Comelec assume jurisdiction over conflicts of political parties? Case: LBP vs Comelec Case: LBP vs Atienza On the conflict of leadership in the political party. The law grants to the commission the use of automated election system if that is the only way to count votes. But their proclamation should be without prejudice to the continuation of the hearing and the resolution of the involved cases. MANUAL COUNT As to the manual count. the Comelec had in mind the objective of upholding the sovereign will of the people and in the interest of justice and fair play according to these candidates whose disqualification cases are still pending at the time of election. does the Comelec have jurisdiction over that dispute? Case: Atienza vs Comelec. not the regular courts. if elected. referendum and recall. As far as its quasi judicial function. WON Gibon or Atienza is the President of LBP.

all these cases shall be decided by the Comelec in division. So wala na tong insufficiency. PROPOSAL TO AMEND CONSTITUTION BY THE PEOPLE On the matter of proposing the people on the amendments of the Constitution. Where to do you appeal? The Comelec.CONSTITUTIONAL LAW Kwin ELECTION CONTESTS INVOLVING BARANGAYS Where do you file election contests involving barangays? File it with the MTC. it is final and executory. Case: Santiago vs Comelec Case: Lambino vs Comelec SC made the declaration that the provision in the RA 6735 is sufficient. you have to file a motion for reconsideration that has to resolved by the Comelec en banc. They only decide matters that are purely administrative en banc. except when there is an allegation of abuse of discretion amounting to lack or in excess of jurisdiction. You file petition for certiorari in SC. in the exercise of its quasi judicial function to be exercised by the Comelec.docudesk. ELECTION CONTESTS INVOLVING MUNICIPAL OFFICIALS Where do you file election contests involving municipal officials? File it with RTC. However the manner of the nature of the proposal changed is not just the amendment. ELECTION CONTESTS INVOLVING CITY OFFICIALS Where do you file election contests involving city officials? File it with Comelec. Where do you appeal? SC.DEMO :: http://www. DECISION BY COMELEC IN DIVISION AND EN BANC It can be appealed to the SC. And that resolution now can be appealed to SC. Appealable to where? From MTC to Comelec. except when there is an allegation of abuse of discretion. as long as it is an adjudicatory power. From Comelec. The rule is. Because the law is very clear than only decisions of constitutional bodies rendered en banc can be reviewed by the SC. From Comelec. ONLY DECISIONS EN BANC IS REVIEWABLE BY SC Ro appeal therefore the decision of that division. it is final and executory. Kwin transcripts Page 99 PDF Created with deskPDF TS PDF Writer . Where do you appeal? SC.com . ELECTION CONTESTS INVOLVING PROVINCIAL OR ARMM OFFICIALS Where do you file election contests involving provincial or ARMM officials? File it with Comelec. It is the reason why the petition was dismissed. but only decision of the Comelec en banc.

administrative functions 2. Not just by the chairman of COA. Example. quasi judicial functions JURISDICTION OVER PRIVATE CORPORATION Can private corporation be the subject of an audit? GR. DISALLOW:EXCESSIVE. 2. That cannot be set aside. Kwin transcripts Page 100 PDF Created with deskPDF TS PDF Writer . that has still to be established in the court. COA’s power over the settlement of accounts is different from power over unliquidated claims.com . when a private corporation or entity handles public funds. UNNECESSARY EXPENDITURES Can COA disallow the approval excess or unnecessary expenditure? YES. that can also be audited by private companies. not COA. Case: DBP vs COA COA does not have the exclusive power to examine and audit government agencies. PROMULGATION OF RULES PERTAINING TO AUDIT . But as regards to promulgation of rules pertaining to audit of government funds and expenditures. what can be the subject of audit? Only the liquidated funds. COA has no jurisdiction. Remember COA is a collegial body and therefore they decide the case as a collegial body. OW if it unliquidated. the collection of VAT by some agencies.docudesk. the conduct will have to be followed. Because the matter of promulgating the rules relating to audit or how funds should be expended is in the exclusive power of COA. CONDUCT OF AUDIT In the matter of conducting audit. EXPT: 1. Private accounting firms or auditors contracted by government to conduct audit on funds of government that were derived from the proceeds of the loan for example from an international bank or from donations made form international sources. Case: Philippine Operations Incorporated vs Auditor General SC said. that is exclusive to COA. it is beyond the jurisdiction of COA. IOW if the law requires that is promulgated by COA.DEMO :: http://www. that is not exclusive to COA. when they receive subsidy from the government UNANIMOUS DECISION OF COA Any decision rendered by COA has to be unanimous among the three members because the chairman is not the COA.COA In the matter of promulgating rules pertaining to audit is exclusive to the COA. The latter of which is within the ambit of judicial power. That’s the only amount subject to audit.CONSTITUTIONAL LAW Kwin COMMISSION ON AUDIT FUNCTIONS 1. SUBJECT OF AUDIT – ONLY LIQUADATED FUNDS In the conduct of audit.

If it is only preventive. He resigned because he ran as municipal councilor as a Sanguniang Bayan member. But if it is suspension as a penalty. it does not interrupt because precisely he was suspended because he is still connected to his office.INTERRUPTION As regards to recall.LGC They are governed by RA 3160 – LGC that provides for the rules relating to 1. When is it considered SUCCESSIVE for purposes of determining disqualification? (!!!) EFFECT OF PREVENTIVE SUSPENSION ON THE SUCCESSIVENESS OF THE TERM Case: Aldovino vs Comelec. So the question there is WON there has been an interruption after he resigned as Barangay Captain and ran as Sanguniang Bayan member? SC said. Autonomous regions 2. CONSECUTIVENESS OF THE TERM When would you consider it as prohibited that will disqualify an incumbent to run for reelection? th When it would be his 4 election to the same position that is successive.com . Can this be changed by ordinary legislation? NO. Kwin transcripts Page 101 PDF Created with deskPDF TS PDF Writer . that will not interrupt. 2009 He was punong barangay at his third term. 2009 The question here is whether preventive suspension of a public official interrupts the consecutiveness of the term. then that would be a different story. Cities 4.docudesk. The period of time prior to the recall term when another public official holds the office constitutes an interruption of the continuity of his service. how long is the perm of office of the LG officials? 3 years.DEMO :: http://www. Or if not interrupted. the suspended official is barred from performing the functions of his office and does not vacate or lose title of his office. structure and organization of LGU’s INTERRUPTION OF TERM The interruption of a term exempting an elective official from the three term limit is one that involves no less than INVOLUNTARY LOSS OF OFFICE. thus voluntarily relinquishing his office as punong barangay which the court deems as volunytary renunciation and therefore not considered as an interruption. Dec 23. In all cases of preventive suspension. Mar 18. but not more that 3 consecutive terms. POLITICAL SUBDIVISIONS The political subdivisions are the 1. the preventive suspension of public official does not interrupt their term for the purposes of the THREE TERM LIMIT RULE under the constitution and LGC. term of office 2. then definitely there would be an interruption. Preventive suspension by its nature does not involve an effective interruption of its service within the term and should therefore not be a reason to avoid the three term limitation. assume the position as SB member. you had 3 terms and there was a recall election. Example. can you run as an opponent against the barangay official? Case: Adromeo vs Comelec The winner in a recall election can be charged or credited with the full term of three years for purposes of counting the consecutiveness of an officials term in office. TERM OF OFFICE Under the constitution. Case: Bolos vs Comelec. but later wins in the recall election. Bolos was serving his third term as Punong Banrangay when he ran as Sanguniang Bayan member. Would that be considered an interruption? SC said. ay not have finished because there is a period of time where he had not served because he was placed under preventive suspension. And upon winning. Municipalities 5. Supposedly. he resigned and ran again as Barangay Captain. Loss of office is a consequence that only results upon the eventual filing of guilt or liability.CONSTITUTIONAL LAW Kwin ART 10 – LOCAL GOVERNMENTS This will again be discussed by Atty Largo. Except barangay officials. Thus in a situation where a candidate loses the election to gain a third consecutive term. Therafter. Provinces 3. EFFECT OF SUSPENSION AS A PENALTY ON THE SUCCESSIVENESS OF THE TERM So it is preventive suspension. is that considered an interruption? Is it considered as your 4th election. But if it is now a penalty after filing his case. Barangays RA 3160 . the recall term cannot be stitched in his two previous consecutive terms. RECALL .

in case of doubt. regulation. they are subject to tax by local government. MMDA has no authority to dismantle billboards and other forms of advertisements posted in the structures of MRT3. forestry and fishery fees and charges 4. 2010 SC said.com . the requirement on area and income has been increased. it is merely an administrative coordinating body whose purpose is to coordinate with the LGU comprising of Metropolitan Manila. and thereafter he ran for election twice which is supposedly his third term. installing a system and administration and therefore it has no power to dismantle the billboards under the guise of police and legislative powers. SOURCES OF REVENUE OF LGU’s 1. The more recent cases involving MMDA in exercising police power is: Case: MMDA vs Truckworks SC said. May 12. However. the latter being a private property. It is an interruption or not counted in the determination of continuity of the three limit rule relating to term of office. they are exempt from taxation.DEMO :: http://www. mining taxes. TAXING POWER OF LGU This is to insure local autonomy. do they have the taxing power? YES. joint venture or production sharing agreement in utilization and development of national wealth within the territorial jurisdiction Case: There is the oil in Palawan and the company refuses to share the income to Palawan Province. Kwin transcripts Page 102 PDF Created with deskPDF TS PDF Writer . Case: Navarro vs Ermita. How much income is required? 100m. 2. Case: Ong vs Alegre Ong was considered to have fully served the three terms. that must be by election. They don’t have that power because they are not vested with police power. If at first by succession. For example. not by succession. unless they are expressly exempt from taxation. management.CONSTITUTIONAL LAW Kwin TERM BY ELECTION. they are subject to tax unless they are expressly exempted. Case: Manila International Airport vs Pasay City Case: MCIAA vs Marcos Case: PPA vs Iloilo City Case: MIAA vs CA The rule is. NOT BY SUCCESSION Case: Borja vs Comelec On consecutive terms. Case: MMDA vs MCOR Transport System This is with reference to the elimination of certain terminals in EDSA. QUALIFICATIONS FOR CONVERSION INTO A CITY OR A PROVINCE Case: Cities of the Philippines Read the last part of the decision for the qualifications. preparation. VOLUNTARY RENUNCIATION Case: Lonzanita Voluntary renunciation is not considered an interruption. levy of taxes This includes barangays. share in co-production. NATIONAL GOVERNMETN IS SUBJECT TO LOCAL TAX WON some national instrumentality are subject to taxation. monitoring. Because MMDA’s power is limited only to the formulation. Under the new rules now. Even if there is no legislative enactment. share from the national taxes 3. TN you should not count that term where he merely succeeded in office. MMDA MMDA is not a political subdivision. implementation. That provision is self executory as provided in the constitutional as long as it is not contrary to existing laws.docudesk. coordination. RA 9009 What would be the law that you should read? RA 9009 which amended sec 450 of the LGC. settling of policies. we declared unconstitutional the creation of the province of Dinagat Island for failing to comply with the territorial population requirements under art 261 of the LGC.

if it is a member who initiates the complaint or files the complaint. different complainants. treason 4. Considering that the president makes that appointment of the DO. We will tackle this issue in SC WON the president has jurisdiction. act with patriotism and justice. impeachment 2. it has to be indorsed in order that it will be take action by the Committee on Justice When is there initiation? Initiation of the proceedings (not the complaint) commences upon the filing and the referral (whatever action is to be taken by the committee at the moment). CONSEQUENCES OF REMOVAL THROUGH IMPEACHMENT 1. Constitutional commissioners 5. promulgation of the rules by the house concerned This is discretionary to the house. and efficiency. be accountable to the people. Who will be the presiding officer? The president of the senate. no prejudice to criminal prosecution and disqualification for appointment or election in public office 3. The ground is betrayal of public trust. In the case of Ombudsman Merciditas Gutierrez. removal from office 2. Except if it involved the president. it will be the chief justice of SC 5. What are the REQUIREMENTS? 1. According to SC. 4. graft and corruption 5. they are subject to the jurisdiction of the office of the president. there is no need of an endorsement b.DEMO :: http://www. President 2. initiation of the proceedings a. Apparently. Will that be taken as one initiation proceedings? YES. and lead modest lives. he can be. Ombudsman -not the deputy ombudsman. This will be creating a conflict between the congress and SC because the congress has already exonerated the justice of SC.CONSTITUTIONAL LAW Kwin ART 11 – ACCOUNTABILITY OF PUBLIC OFFICIALS You just master impeachment. betrayal of public trust These are exclusive grounds. preparation of articles of impeachment In the matter of initiation. voting How many votes are needed to convict or remove an official? 2/3 votes of the members of the house of senate. revoked by the president. 3. 1. Why is this important? Because you cannot initiate an proceedings more than once in a year. -not the special prosecutor Apparently the SP is now being investigated by the president. Justices of SC 4. serve them with utmost responsibility. violation of the constitution 2. there were several complaints. SEC 1 Memorize sec 1. they were simultaneously referred at the same time to the committee in justice. This will be for the filing of the article sof impeachment.com . Public officers and employees must. integrity. forward to house of senate as the tribunal The house of senate will act as the tribunal. You cannot have adultery as grounds. not subject of pardon -provided in the constitution Kwin transcripts Page 103 PDF Created with deskPDF TS PDF Writer . because the DO is not impeachable. loyalty. as part of the appointing power of the president. GROUNDS OFR IMPEACHMENT These are exclusive grounds. at all times. and the Ombudsman. bribery 3. SECTION 1. PROCESS OF IMPEACHMENT So you go through the process of who initiates the impeachment – HOUSE OF REPRESENTATIVES. Now the question of plagiarism because it is now being the subject of impeachment against the Justice of SC.docudesk. IMPEACHBLE PUBLIC OFFICIALS Who are public officials that are impeachable: 1. Public office is a public trust. if it is a private individual. how many votes are needed in order to prepare the charge sheet or articles of impeachment? 1/3 of the members of the house. VP 3.

CONSTITUTIONAL LAW

Kwin
POWERS AND FUNCTIONS OF THE OMBUDSMAN 1. criminal cases, the Ombudsman has jurisdiction -on all public officials, temporary or permanent -except out of courtesy to SC relating to court personnel and judges -they must wait until SC makes a recommendation for the investigation in the criminal case 2. administrative cases, the Ombudsman has jurisdiction -not on all public officials like: a. impeachable officials b. members of congress c. members of the judiciary 3. preventive suspension -Ombudsman has the power to suspend an erring public officer suspensive -period: not exceeding 6 months 4. teachers, Ombudsman has jurisdiction -they are saying that magna carta exclusive jurisdiction is exclusive with DECS. Wrong. -case: Masing et al vs Office of the Ombudsman Teachers, notwithstanding the magna catra, Ombudsman has jurisdiction. POWER OF OMBUDSMAN TO SUSPEND OR IMPOSE PENALTIES Case: Ledesma vs CA Case: Ombudsman vs Valera Before they say that the power of the Ombudsman is merely recommendatory. SC said that they have the power to give it to the Office of the Ombudsman. They can impose and execute the penalties that they have recommended.

STATEMENT OF ASSETS AND LIABILITIES

CRIMINAL JURISDICTION OF THE OMBUDSMAN Is the criminal jurisdiction of the ombudsman exclusive to him? NO. LOW RANKING OFFICIAL If it is low ranking official, meaning the salary grade is 26 or lower, it is concurrent with DOJ. So if you file a malversation case against a municipal treasurer, either you file it with the DOJ, Fiscal’s Office or the Ofice of the Ombudsman. Do you need the approval of the Deputy Ombudsman? NO. HIGH RANKING OFFICIAL If it involves a high ranking official like a city treasurer, cam you file it with the DOJ? YES. However, if the recommendation of the filing of the case with the SB, it has to be concurrence with the DO or Ombudsman. You go back to your criminal procedure. Because insofar as jurisdiction of the SB, jurisdiction has to be approved by the DO. OW if it is only the fiscal who approves the information, that is an invalid information, because the fiscal has no authority to file the information in the SB.

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CONSTITUTIONAL LAW

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ART 12 – NATIONAL ECONOMY AND PATRIMONY REGALIAN DOCTRINE (!!!) All lands and mineral resources belong to the state. Including the ancestral domain and ancestral lands? NO. Because they belong to the indigenous people or community on the basis of native title. KINDS OF LANDS Not all lands belong to the state. 1. agricultural lands 2. timber lands 3. forest lands 4. mineral lands 5. national parks Of all these lands, which is disposable and alienable? Agricultural lands. There are two kinds of lands: 1. public lands a. alienable lands (agricultural lands) b. inalienable lands 2. private lands ACQUISITION OF AGRICULTURAL LANDS Who can acquire? Only individual citizens of the country. Corporations cannot acquire agricultural lands, even if it is a Filipino qualified corporations. They can only lease. How many hectares can be acquired? Limited only to 12 hectares. Haw many hectares can be leased? 500 hectares for individual. 1000 hectares for qualified Filipino corporation. Foreigners cannot lease. ACQUISITION OF PRIVATE LANDS Who can acquire? Filipino citizens, either natural or qualified Filipino Corporation. Who can lease? Filipino citizens and foreigners. What are the instance when a foreigner may acquire public lands? a. former natural born citizens -5000 sq meters b. hereditary intestate succession -no limit on intestate succession if he is a compulsory heir AGRICULTURAL LANDS It does not mean lands devoted to agriculture. It refers to lands that is alienable like: 1. reclaimed 2. foreshores Who owns it? The state. Because the sea is inalienable. Supposedly, likewise, it is inalienable. Except when it is classified as agricultural and disposable lands of the government and of the state. Who can acquire it? Only individual citizen, not corporation. How come Amari and MOA are acquired by corporations? Because there is no prohibition against directors of Filipino corporations who are Filipino citizens to acquire. And the moment it is acquired by private individuals, it becomes a private land, and it can be sold in turn to a Filipino corporation. So this explains why some reclaimed lands are being acquired by Filipino corporations. Originally, they are agricultural lands. There has to be a classification that they are disposable. Case: Chavez vs Public Estate Authority Foreshore and submerged areas form part of public domain and are inalienable. Lands between foreshore and submerged areas also form part of the public domain unless converted into alienable or disposable lands of public domain. The prevailing rule is that, reclaimed disposable lands of public domain may also be leased and not sold to private parties. These lands remain sole generis as the only alienable or disposable lands of the public domain which the government could not sell to private parties except if the legislative passes a law authorizing sub sale. (SRP) But in this case, the classification is not a pubic domain. There was a title that was issued. It was acquired by LGU in its private capacity (proprietary). It can be sold even without the consent of congress. Reclaimed lands have maintained their inherent potential as areas for public use or service. The ownership of lands reclaimed from foreshore areas is rooted in the regalia doctrine which declares that all lands and waters of the public domain belong to the state. But notwithstanding the conversion of reclaimed lands to alienable lands of the public domain, they may not be sold to private corporations which can only lease the same. The state can only sell alienable public lands to Filipino citizens.

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CONSTITUTIONAL LAW

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But TN in this case, decision does not bar private corporation in participating in the reclamation projects and be paid for the services in reclaiming lands. What the decision prohibits following the constitutional mandate is for the private person to acquire reclaimed lands in the private domain. There is no prohibition on the directors, officers, SH of private corporations, if they are Filipino citizens from acquiring at public auction, reclaim alienable lands of the public domain. It can acquire not more than 12 hectares per individual and the lands thus acquired becomes public lands. So if you have been there since time immemorial, however the declaration that it is a patrimonial property is only 2011, prescription does not start to run. In connection with sec 14 of property registration decree, recognized those who by themselves or through their predecessors in interest have been in open, continuous and exclusive possession and occupation of alienable and disposable lands of the public domain under bona fide claim of ownership. They must have been there since June 12, 1945, have acquired ownership of and registrable title to such lands based on the length and quality of such possession. The court clarified that the public land merely requires possession since June 12, 1945 and does not require that the land should have been alienable and disposable in the entire period of possession. The possessor is not entitled to secure judicial confirmation of title as soon as the land is declared alienable and disposable. This is however subject to Dec 31, 2020 deadline. So if you are squatting a land owned by the government, all you need to prove is that you have been occupying the land since June 12 1845, even if it has been recently declared only as disposable or alienable. The 30 year period shall be reckoned from June 12, 1945. And you have until Dec 31, 2020 to apply for the registration of title over these property. ALIENABLE OR DIPOSABLE Case: Sacay vs DENR They applied for registration of title over these titles. Boracay Island is owned by the state, except for the land areas with existing titles. The continued possession and considerable possession of prior claimants do not automatically give them a vested right in Boracay, nor does this give them a right to apply a title the land they are presently occupying. The present lands traces its roots to the regalia doctrine. Because they are not timber lands and therefore they are no longer lands of public domain. SC said, except for lands already covered by existing titles, SC said that Boracay was unclassified lands of public domain prior to Proclamation 1006 which classified Boracay as 400 hectares of reserved forest lands and 628.96 hectares of agricultural lands. Such unclassified lands are considered public forests under PD 705. Forest lands do not necessarily refer to large tracks of wooded lands or expanses covered by dense trees and under brushes. For as long as it is not reclassified, it is still forest lands, not subject to alienation. It cannot be acquired even if you have lived there for a thousand years.

PATRIMINIAL PROPERTY Freedom Islands are inalienable lands of public domain. Government owned lands, as long as they are patrimonial property can be sold to private parties who are Filipino citizens or qualified private corporation. So there is a difference; owned as a public domain – alienable with the consent of congress. But if patrimonial, no need for consent of congress. Now they are claiming that SRP is part of public domain. Should there be a sale, it has to be with the approval of congress, and it has to be done at public auction. But the LGU maintains that it is a patrimonial property, and therefore it can be acquired by qualified private corporation. There is no bidding required because it is a private property insofar as Cebu City Government is concerned. CA ruled sustaining the trial court that it can be acquired by a corporation.

ACQUISITION BY PRESCRIPTION Case: Malabanan vs Republic of the Philippines, April 29, 2009 (!!!) This is with reference to the acquisition of the property by prescription. They are saying that they are applying for registration of title because they have been occupying the property since time immemorial. The issue is whether it can be applied for by an individual for title. SC said, public domain lands become patrimonial or private property of the government only upon declaration that these are alienable or disposable lands together with express government manifestation that the property is already patrimonial or no longer retained for public service or the development of national wealth. Only when the property has become patrimonial can the prescriptive period for the acquisition of the property of public property domain begin to run.

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Congress under existing laws. April 24 2009 SC said. then it would be useless to transfer it to NHA because you cannot legally transfer any lands of public domain. July 31. Case: Chavez vs PEA (public domain) This is on public estate. Kwin transcripts Page 107 PDF Created with deskPDF TS PDF Writer . This further classification of agricultural lands may be referred to as SECONDARY CLASSIFICATION. the classification of lands of public domain of 2 types: 1. So any lands that were reclaimed by PEA is part of public domain.CONSTITUTIONAL LAW Kwin CLASSIFICATION OF LANDS Case: Dauriano vs Hermoso et al. And I think this was the case that was invoked in the SRP case as against the Chavez case. The right granted to IP to negotiate the terms and conditions over the natural resources covers only their exploration to ensure ecological and environmental protection. primary classification a. And therefore it can be acquired by the corporation. The determination of what is in the pubic interest is necessarily vested in the state as owners of country’s natural resources.docudesk.secondary classification The agricultural lands of public domain may further be classified by law according to the uses which they may be devoted. Case: Cruz vs Secretary of DENR If categorically declared ancestral lands and domain held by native title as never to have been pubic lands. Natural parks 2. The Revised Administrative Code of 1987. If you pay land to the corporation that reclaimed it. SC said. In this case. And in recognition to that. rescinded. If the reclaimed land is not converted to patrimonial lands. Its function is to distribute lands. RECLAMATION OF LANDS In that case relating to WON reclaiming corporation can be paid by lands. a mere license or privilege granted by the state to the petitioner for the use or exploration of natural resources to public lands over which the state has sovereign ownership over the regalian doctrine. Domains and lands under native title are therefore indisputably presumed to have never been public lands and are private. cancelled or modified whenever public welfare or public interest so requires. granted authority to a member of the government agency to effect the secondary classification of agricultural lands to: 1. pubic domain. Forest c. Thus. Case: Carino vs Insular Government The existence of native title to land by Filipinos by virtue of possession under claim of ownership since time immemorial is an exception to the theory of res regalia.com . 2008 On the matter of ancestral domain. SC has revoked the permit to logging concessions that were covered by the ancestral domain in recognition of the right of the indigenous people to the ancestral domain. other urban uses So you have RA 7160 granting such authority. residential 2. nor does it create a vested right. It is not exercising public functions. The reason is obvious.DEMO :: http://www. commercial 3. such privilege or license is not even a property or property right. a privilege or license is not in a nature of a contract that enjoys protection. was transferred. The moment titles over reclaimed lands based on the special patents or transferred to the NHA by the registry of deeds. like timber or mining licenses on forest land and grazing lease agreement is a mere permit which by executive action can be removed. you have the case of: Case: Alcantara vs DENR. industrial 4. the NHA is an end user agency authorized by law to administer and dispose of reclaimed lands. is that allowed? Case: Chavez vs NHA (patrimonial property) It was allowed because the land was not considered a public domain but a patrimonial property of the government. only individual citizens can acquire the land. they are automatically converted to a patrimonial property of the state which can be sold to Filipino citizen and private corporations. NHA is a government agency not tasked to dispose of public lands under its charter. Agricultural b. SC said that NHA is a government agency. Mineral lands e. Timber d. So read Chavez vs PEA and Amari in consonance with Cavez vs NHA. The right of ownership granted to indigenous people over their ancestral domains does not cover the natural resources. 60% of which are owned by Filipinos. Diba kung reclaimed. EXCEPTION TO LANDS AS PART OF REGALIAN DOCTRINE Ancestral lands are exluded from the regalia doctrine.

guidelines regulations. art 12 of the 1987 constitution does not apply retroactively to a license concession or lease granted by the government under the 1973 constitution or before the effectivity of 1987 constitution. The regalian doctrine does not apply retroactively. they can only enter into SERVICE CONTRACT. seen by many as a victory attained by the private respondents after a long and costly effort. PROHIBITION OF FOREIGNERS ACQUIRING LANDS They can acquire only condominiums because the prohibition covers only acquisition of lands. Those covered prior to regalia doctrine where they were given concession for not more than 50 years. How about private individuals and citizens of the country? Can they explore the natural resources by themselves? NO. 2006 Case: Ramos vs Ramos Case: Bilaan vs Ramos Case: FUR Savers vs DENR The bottom line is that control by the state is on macro level through the establishment of policies. IOW because of this case. The contractor is the state. industries. joint venture 2. They are only to provide: 1.CONSTITUTIONAL LAW Kwin In this decision. it was an assertion of the rights of the indigenous people over the ancestral lands and domain. Except when they enter into: 1. But it does not mean that the state has to closely supervise and monitor them. it is still existing in the e1987 constitution. technical 2. EXPLORATION OF NAURAL RESOURCES Who has control over the exploration of natural resources? It is the state being the owner. This is on LARGE SCALE MINING. Case: Republic vs Tritas Corp. Case: Republic vs Reservoir Mining and Development Corporation Sec 2. production sharing They may be citizens who are natural or juridical persons.DEMO :: http://www. the SC recognize the inherent right of ICC and IP’s to recover their ancestral lands from outsiders and usurpers. This is in consonance to the upholding the validity of the mining laws. There can be macro supervision through the laws passed by the state. REGALIAN DOCTRINE DOES NOT APPLY RETROACTIVELY. co production 3. So if the concession still is existing even beyond the 987 constitution. particularly the use of public lands as a grazing lands. then it is still valid. The requirement is FULL CONTROL. This is on NON IMPAIRMENT CLAUSE. sept 26. Kwin transcripts Page 108 PDF Created with deskPDF TS PDF Writer . There are so many cases sustaining the participation of a foreign corporation into mining. and similar measures that would enable the government to control the conduct and the affairs of various enterprises and restrain activities deemed to be not desirable or beneficial.docudesk. There was the revocation of the license that was granted previously to private individuals as regards to pubic lands. financial assistance What is the extent? They will be providing for services and labor. How about foreign corporations? Can they enter into such agreements? NO. These agreements with foreign corporations are not limited to financial and technical assistance. The 1987 constitution allows the continued use of service corporations as contractors who would invest in and operate and manage extractive enterprises subject to the full control and supervision of the state.com .

even against big companies. it means we give those who have less in life more in law. Only the capital investment where there is allowing foreigners. As the rest. these is not the same as the three constitutional commissions. There is no requirement.DEMO :: http://www. It has no quasi judicial function or adjudicatory power. PRACTICE OF PROFESSION Filipino citizens only. Kwin transcripts Page 109 PDF Created with deskPDF TS PDF Writer . in the enforcement of the rules by said office. Case: People vs Lichon The constitutional requirement of the demolition being in accordance with law and be conducted in a just and humane manner does not mean validity or legality of the demolition… on the existence of resettlement area that is designated or earmarked by the government. renewable for another 25 years.docudesk. PROMULGATION OF RULES AND REGULATION But in the matter of promulgating the rules and regulations in the exercise of its administrative functions. But the management and administration is all Filipino citizens in all of these corporations. is that a violation of human rights? NO. Therefore it cannot issue restraining orders neither can it cite anyone for contempt for violation of human rights. one may be cited for contempt. EJECTMENT OF SQUATTERS Ejectment of squatters. But of course there are regulations relating to protect public interest. FISHING ONLY INDIVIDUAL CITIZENS (specially on small scale) and cooperatives. HUMAN RIGHTS What is human rights? It covers civil and political rights. You TN of the exceptions because while a franchise is a contract between the government and private individual citizen or corporation. NO FISCAL AUTONOMY Does the CHR enjoy fiscal autonomy? NO. So it may be abolished.com . CORPORATIONS SUBJECT TO THE REGULATION OF THE STATE MONOPOLY Is monopoly prohibited? NO. because it involves public interest. it is not prohibited by law. Administrative lang ha? Because they don’t have any quasi judicial functions. It is protected in the non impairment clause supposedly but this is an exception. Subject to amendments. the constitution no less provides for the reservation of its change. It is not created by the constitution. ABOLISHED BY ORDINARY LEGISLATION Can it be abolished by ordinary legislation? YES.CONSTITUTIONAL LAW Kwin AREAS OF INVESTMENT REQUIREMENT OPERATION OF PUBLIC UTILITY How many percentage if it is a qualified Filipino corporation? 60% by a Filipino citizen. ART 13 – SOCIAL JUSTICE AND HUMAN RIGHTS SOCIAL JUSTICE Briefly. COMMISSIONER NOT IMPEACHABLE Is the commissioner impeachable? NO. can be the subject of the complaint. or modifications when public interest so requires. go over with that. repeal. It was created upon the mandate of the constitution. COMMISSION ON HUMAN RIGHTS JURISDICTION OF CHR What is the jurisdiction of the Commission of Human Rights? Merely investigatory. FRANCHISE OF PUBLIC UTILITY For how many years? 25 years. MEDIA 100% ADVERTISING 70% EDUCATIONAL INSTITUTION 60% qualified Filipino corporation. You go bY the concept of SOCIAL JUSTICE. RESTRAINT OF TRADE AND UNFAIR COMPETITION We have here free enterprise. It is not limited against the government. these have not been complied with by the persons ordered by CHR. But per se.

From the standpoint of the institution 2. SCIENCE AND TECHNOLOGY. It’s subject to the rules of the university and your having maintained the required classifications to maintain in the university.DEMO :: http://www. Example. free from outside coercion and interference. ARTS. he was dismissed. So they have independence on who may teach. Moreover. Institutional academic freedom includes the right of the school or college to decide for itself its aims and objectives on how to attain them. Case: UP et al vs CSC They cannot be told about the choice of professor. They can impose regulations on that. KINDS OF ACADEMIC FREEDOM 1. if they are going to promote a professor who has gone AWOL.CONSTITUTIONAL LAW Kwin ART 14 .com . not Mababag Paaralan ng Pilipinas. TAX EXEMPTION For non stock non profit Kwin transcripts Page 110 PDF Created with deskPDF TS PDF Writer . The other professors complained. FROM THE STANDPOINT OF THE ACADEME They can teach in any manner and grade you accordingly.EDUCATION. the SC sustained the primacy of academic freedom over CS rules on AWOL stressing. And it does not require enrollment. review course is only intended to refresh and enhance the knowledge or competence or skills of reviewees. submission of theses in order to complete the review course requirement or take the licensure examination. FROM THE STANDPOINT OF THE INSTITUTION They have the right to choose their own professors and students as well.docudesk. what to teach. Case: La salle After teaching in la sale as probi. 2. AWOL is a ground for dismissal of government service and UP is under CSC. how to teach and who may be admitted to study. From the standpoint of the educational institution and members of the academe. REVIEW CENTER Case: Review Center Association of the Philippines vs Ermita A review center is not a n institution of higher learning as contemplated in RA 7722 because it does not offer a degree program that would put it under the jurisdiction of the CHED. when UP opted to promote him despite his absence. From the standpoint of the students 1. CULTURE AND SPORTS EDUCATION ACADEMIC FREEDOM Memorize academic freedom. 3. SC sustained UP. Not high school and elementary. SC said sec 5 par 2 of art 14 of constitution guaranties institution of higher learning academic freedom. it is exercising his freedom to chose who may teach and continue to teach its battlefield. attendance. From the standpoint of the academe 3. FROM THE STANDPOINT OF THE STUDENTS That’s not absolute. The disciplining of students is still within academic freedom. CSC dismissed him from service. And they are free to do their research and publish their research. Universities and colleges. It is enjoyed only by institution of higher learning.

Classification VOTES FOR EEFECTIVITY How many votes are needed for the effectivity of any change to the constitution? Majority votes cast during the plebiscite. This is prohibited by the constitution because only congress. It was declared unconstitutional because that will allow the president to propose amendments to the constitution by allowing the establishment of a state with a state. Congress 2. Without amending the constitution. That’s an extension of proper party. Case: Province of North Cotabato vs Republic This is with reference to Bansang Moro. (Lambino vs Comelec) CONSTITUTENT POWER If it is congress exercising the power. So there has to be a national emergency. Can you change then name of the country by ordinary legislation. The chief of staff has a limited term of 3 years unless it is extended by president when there is a national emergency declared by congress. ART 17 – AMENDMENTS AND REVISIONS PROPOSAL Who can propose amendments to the constitution? 1. How is it different from legislative power? Of course you have number of votes.DEMO :: http://www. Constitutional convention 3. STAGES OF CHANGING THE CONSTITUTION 1. people and concon can propose amendments to the constitution. Subject to ratification in a referendum (not plebiscite). Proposal 2. 2/3 to call for a concon. EFFECTIVITY When does the change take effect? Upon the ratification by the people.com . any person may question. is that an amendment or revision? REVISION. we call it CONSTITUENT POWER. Is PNP under AFP? NO. national anthem and national seal? YES. Constitutional convention (people can’t) Change of the system of government. So long as procedure is not followed. ¾ for congress proposing. Congress 2. It is discretionary BTW to congress. That is one of the manifestation of the supremacy of the civilian authority. People Who can propose revision? 1. It can be raised by any citizen. Submission of the proposal 3.docudesk. Kwin transcripts Page 111 PDF Created with deskPDF TS PDF Writer . SOVEREIGNTY OF THE STATE -discussed ARMED FORCED OF THE PHILIPPINES It is a citizen armed force. JUDICIAL REVIEW – PROPER PARTY Is the amendment or revision of the constitution or ratification of the constitution subject top judicial review? YES.CONSTITUTIONAL LAW Kwin ART 16 – GENERAL PROVISIONS What is the color of flag? How many suns and stars? Can you change the design of your flag? NO. majority to submit it to people.

But apparently. turned to the president and DFA. Here. Case: Bayan vs Zamora The VFA was duly concurred by the Philippine senate and was duly recognized as a treaty by the US as certified by the duly authorized representative of US government. it is a treaty. In this case. We now have the PFA. Because under the VFA. even if the US does not recognize it as a treaty. The foreign troops are allowed entry in the Philippines only in a way of exception. And respondent Secretary of Foreign Affairs Romulo is hereby ordered to fore with negotiate with the US representative for the appropriate agreement on the detention facilities as provided in art 5 sec 10 of the VFA. he should have been detained in our jail specially if convicted. But the agreements in Dec 19 and 22. And then have it ratified. an offensive effort by foreign troops on native soil. That is void foe it is contrary to what is agreed in VFA.DEMO :: http://www.CONSTITUTIONAL LAW Kwin ART 18 – TRANSITORY PROVISION MILITARY BASES AGREEMENT That has already expired. there was an amendment thereto by a mere agreement between the ambassadors of US and Philippines. without our knowledge.com . Under the constitution. Should there be any changes of the VFA because it has reference to the detention? Case: Nicholas vs Romulo Should here be any changes. SC said. submitted to senate for concurrence. It has to be negotiated. Pending status quo shall be maintained until further orders of SC. So the question is if it can be done by mere amendment of the VFA through an agreement signed between the ambassadors of these two states. IOW inasmuch as VFA was treated as a treaty. it was only between DFA Secretary and Ambassador of US. you should follow the procedure in the matter of entering into negotiations with international agreements and treaties. Ours was concurred. So the question is. it must be done in accordance with the changing of the treaty. Because it is an executive agreement implementing a mutual defense agreement between the president and the US. as far as we are concerned. VFA between Philippines and US entered into in Feb 10. 1998 is upheld as constitutional. 2006 are declared not in accordance with the VFA. The fact that VFA was not submitted for advise and consent of the US senate does not detract from its status as a binding international agreement. the US forces are prohibited from engaging in an offensive war in the territory. even without the concurrence of senate. Case: Lim vs Executive Secretary SC said that sec 25 of the transitory provision shall mark antipathy towards foreign military presence in the country. Kwin transcripts Page 112 PDF Created with deskPDF TS PDF Writer . should it require the concurrence of the senate? Is it valid? That has already been settled. Precisely you not that case of Smith who was transferred in the Embassy instead for detention. Sc however cannot accept the allegation that the Arroyo administration engaged in double ___ in trying to pass off as a mere training exercise. should there be any amendments or changes to it.docudesk.

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