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ARTICLE I: National Territory

Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on
the Law of the Sea [1] , is a belt of coastal waters etendin! at "ost twelve na#tical "iles
fro" the baseline $#s#ally the "ean low%water "ar&' of a coastal state ( The territorial sea is
re!arded as the soverei!n territory of the state, altho#!h forei!n shi)s $both "ilitary and
civilian' are allowed innocent )assa!e thro#!h it* this soverei!nty also etends to the
airs)ace over and seabed below(
The ter" +territorial waters+ is also so"eti"es #sed infor"ally to describe any area of
water over which a state has ,#risdiction, incl#din! internal waters, the conti!#o#s -one,
the ecl#sive econo"ic -one and )otentially the continental shelf(
./S0L1N02 Nor"ally, the baseline fro" which the territorial sea is "eas#red is the low%
water line alon! the coast as "ar&ed on lar!e%scale charts officially reco!ni-ed by the
coastal state( This is either the low%water "ar& closest to the shore, or alternatively it "ay
be an #nli"ited distance fro" )er"anently e)osed land, )rovided that so"e )ortion of
elevations e)osed at low tide b#t covered at hi!h tide $li&e "#d flats' is within 12 na#tical
"iles $22 &"' of )er"anently e)osed land( Strai!ht baselines can alternatively be defined
connectin! frin!in! islands alon! a coast, across the "o#ths of rivers, or with certain
restrictions across the "o#ths of bays( 1n this case, a bay is defined as +a well%"ar&ed
indentation whose )enetration is in s#ch )ro)ortion to the width of its "o#th as to contain
land%loc&ed waters and constit#te "ore than a "ere c#rvat#re of the coast( /n indentation
shall not, however, be re!arded as a bay #nless its area is as lar!e as, or lar!er than, that of
the se"i%circle whose dia"eter is a line drawn across the "o#th of that indentation+( The
baseline across the bay "#st also be no "ore than 23 na#tical "iles $33 &"' in len!th(
1NT04N/L 5/T04S2 5aters landward of the baseline are defined as internal waters,
over which the state has co")lete ,#risdiction2 not even innocent )assa!e is allowed( La&es
and rivers are considered internal waters, as are all +archi)ela!ic waters+ within the
o#ter"ost islands of an archi)ela!ic state s#ch as 1ndonesia or the 6hili))ines(
T0441T741/L S0/2 / state8s territorial sea etends #) to 12 na#tical "iles $22 &"' fro"
its baseline( 1f this wo#ld overla) with another state8s territorial sea, the border is ta&en as
the "edian )oint between the states8 baselines, #nless the states in 9#estion a!ree
otherwise( / state can also choose to clai" a s"aller territorial sea(
Conflicts still occ#r whenever a coastal nation clai"s an entire !#lf as its territorial waters
while other nations only reco!ni-e the "ore restrictive definitions of the UN convention(
Two recent conflicts occ#rred in the :#lf of Sidra where Libya has clai"ed the entire !#lf
as its territorial waters and the U(S( has twice enforced freedo" of navi!ation ri!hts $:#lf
of Sidra incident $1981', :#lf of Sidra incident $1989''(
C7NT1:U7US ;7N02 The conti!#o#s -one is a band of water etendin! fro" the o#ter
ed!e of the territorial sea to #) to 23 na#tical "iles $33 &"' fro" the baseline, within
which a state can eert li"ited control for the )#r)ose of )reventin! or )#nishin!
+infrin!e"ent of its c#sto"s, fiscal, i""i!ration or sanitary laws and re!#lations within its
territory or territorial sea+( This will ty)ically be 12 na#tical "iles $22 &"' wide, b#t co#ld
be "ore $if a state has chosen to clai" a territorial sea of less than 12 na#tical "iles', or
less, if it wo#ld otherwise overla) another state8s conti!#o#s -one( <owever, #nli&e the
territorial sea there is no standard r#le for resolvin! s#ch conflicts, and the states in
9#estion "#st ne!otiate their own co")ro"ise( The United States invo&ed a conti!#o#s
-one on 23 Se)te"ber 1999([2]
C7NT1N0NT/L S<0L=2 /rticle >?[3] !ives the le!al definition of continental shelf of
coastal co#ntries( =or the )hysical !eo!ra)hy definition, see the continental shelf )a!e(
The continental shelf of a coastal nation etends o#t to the o#ter ed!e of the continental
"ar!in b#t at least 2@@ na#tical "iles $A>@ &"' fro" the baselines of the territorial sea if
the continental "ar!in does not stretch that far( The o#ter li"it of a co#ntry8s continental
shelf shall not stretch beyond AB@ na#tical "iles $?38 &"' of the baseline, or beyond
1@@ na#tical "iles $18B &"' fro" the 2,B@@ "eter isobath, which is a line connectin! the
de)ths of the seabed at 2,B@@ "eters(
The o#ter ed!e of the continental "ar!in for the )#r)oses of this article is defined as2
a series of lines ,oinin! )oints not "ore than ?@ na#tical "iles $111 &"' a)art where the
thic&ness of sedi"entary roc&s is at least 1C of the hei!ht of the continental shelf
above the foot of the continental slo)e* or
a series of lines ,oinin! )oints not "ore than ?@ na#tical "iles a)art that is not "ore than
?@ na#tical "iles fro" the foot of the continental "ar!in(
The foot of the continental slo)e is deter"ined as the )oint of "ai"#" chan!e in the
!radient at its base(
The )ortion of the continental shelf beyond the 2@@ na#tical "ile li"it is also &nown as the
etended continental shelf( Co#ntries wishin! to deli"it their o#ter continental shelf
beyond 2@@ na#tical "iles have to s#b"it infor"ation on their clai" to the Co""ission on
the Li"its of the Continental Shelf( The Co""ission "#st "a&e reco""endations on
"atters related to the establish"ent of the o#ter li"its of their continental shelf( The li"its
established based on these reco""endations shall be final and bindin!(
Co#ntries were s#))osed to lod!e their s#b"issions to etend their continental shelf
beyond 2@@ na#tical "iles within 1@ years of UNCL7S co"in! into force in the co#ntry,
or by 1A Day 2@@9 for co#ntries where the convention had co"e into force before 1A Day
1999( /s of 1 E#ne 2@@9, B1 s#b"issions have been lod!ed with the Co""ission, of which
8 have been deliberated by the Co""ission and have had reco""endations iss#ed( The 8
are $in the order of date of s#b"ission'2 4#ssian =ederation* .ra-il* /#stralia* 1reland*
New ;ealand* the ,oint s#b"ission by =rance, 1reland, S)ain and the United Fin!do"*
Norway and Deico( / coastal nation has control of all reso#rces on or #nder its
continental shelf, livin! or not, b#t no control over any livin! or!anis"s above the shelf
that are beyond its ecl#sive econo"ic -one( This !ives it the ri!ht to cond#ct )etrole#"
drillin! wor&s and lay s#b"arine cables or )i)elines in its continental shelf(
Article II
Section 1: Philippines as a democratic and republican State
Bacani s! NAC"C"
:overn"ent =#nctions2 $revised /d"in( Code' refers only to !overn"ent entity thro#!h
which the f#nction of the !overn"ent are eercised as an attrib#te of soverei!nty, and in
this are incl#ded those ar"s to the !overn"ent thro#!h wGc )olitical a#thority is "ade
effective whether they be )rovincial, "#nici)al or other for" of local !overn"ent( These
are what we call "#nici)al cor)orations( They do not incl#de !overn"ent entities which
are !iven a cor)orate )ersonality se)arate and distinct fro" the !overn"ent and which are
!overned by the Cor)oration law( Their )owers, d#ties and liabilities have to be deter"ined
in the li!ht of that law and their cor)orate charters(
ACC#A s! C$%C"
:overn"ental f#nctions2
1' constit#ent H the very bonds of society and are co")#lsory
2' "inistrant H #nderta&en only by way of advancin! the !eneral interest of society*
o)tional(
Land refor" )ro!ra" H !overn"ental f#nction and cannot be #nderta&en by any )rivate
enter)rise $no ca)acity'(
P&TA s! CIR
:overn"ent to )rovide for !eneral welfare( :overn"ent entr#sted to be res)onsible for
co)in! with social and econo"ic )roble"s with co""ens#rate )ower of control over
econo"ic affairs2 live #) to co""it"ent of )ro"otin! !eneral welfare thro#!h state action(
Republic s! 'ud(e o) C#I Ri*al
The rice and Corn /d"inistration is a !overn"ent a!ency witho#t a distinct and se)arate
le!al )ersonality fro" that of the 4e)#blic of the 6hili))ines(
&#P s! Reyes
6#blic 7ffice H the ri!ht, a#thority and d#ty, created and conferred by law, by which, for a
!iven )eriod, either fied by law or end#rin! at the )leas#re of the creatin! )ower, an
individ#al is vested with so"e )ortion of soverei!n f#nctions of the !overn"ent, to be
eercised by hi" for the benefit of the )#blic(
7ffice $distin!#ished fro" e")loy"ent or contract' H the creation and conferrin! of an
office involves a dele!ation to the individ#al of so"e of the soverei!n f#nctions of the
!overn"ent, for the benefit of the )#blic* that so"e )ortion of the soverei!n f#nction of the
co#ntry, either le!islative, eec#tive or ,#dicial, attaches, for the ti"e bein!, to be eercised
for the )#blic benefit(
+IAA s! CA
:7CC H a stoc& or non%stoc& cor)oration, vested with f#nctions relatin! to the )#blic
needs whether !overn"ental or )ro)rietary in nat#re, and owned by the !overn"ent
directly or thro#!h its instr#"entalities either wholly, or where a))licable $for stoc&
cor)s(', to the etent of at least B1C of its ca)ital stoc&(
$D1// as a !overn"ent instr#"entality' 1nstr#"entality H defined as any a!ency of the
National :overn"ent, not inte!rated within the de)art"ent fra"ewor&, vested with s)ecial
f#nctions or ,#risdiction by law, endowed with so"e if not all cor)orate )owers,
ad"inisterin! s)ecial f#nds, and en,oyin! o)erational a#tono"y, #s#ally thro#!h a charter(
Ramiscal s! Sandi(anbayan
/=6%4S.S H a :7CC and its f#nds are in the nat#re of )#blic f#nds( Sandi!anbayan has
,#risdiction over offenses co""itted by )residents, directors, tr#stees or "ana!ers of
:7CCs( 5hat char!es to file, and who are to be char!ed are "atters addressed to the
discretion of the 7"b#ds"an(
Al*a(a s! Sandi(anbayan
The character and o)erations of the /=6%4S.S are i"b#ed with )#blic interest th#s the
sa"e is a !overn"ent entity and its f#nds are in the nat#re of )#blic f#nds( $si"ilar to the
:S1S'
PSPCA s! C"A
:7CCs are s#b,ect to the control or s#)ervision of the State $#nli&e 6S6C/'( / ,#ridical
entity i")ressed with )#blic interest does not "a&e the entity a )#blic cor)oration( The
tr#e criterion to deter"ine whether a cor)oration is )#blic or )rivate is fo#nd in the totality
of the relation of the cor)oration to the State( 1f it is created by the State as its own a!ency
or instr#"entality to hel) in carryin! o#t its !overn"ental f#nctions, then that cor)oration
is considered )#blic* otherwise, it is )rivate(
Serana s! Sandi(anbayan
/ U6 St#dent 4e!ent is a )#blic officer( 1t is not a nat#ral ri!ht( 1t eists, when it eists at
all only beca#se and by virt#e of so"e law e)ressly or i")liedly creatin! or conferrin! it(
Co")ensation is not an essential ele"ent of )#blic office( 1t is "erely incidental to the
)#blic office( Iele!ation of soverei!n f#nctions is essential in )#blic office( /n invest"ent
on an individ#al of so"e )ortion of the soverei!n f#nctions of the !overn"ent, to be
eercised by hi" for the benefit of the )#blic "a&es one a )#blic officer( The
ad"inistration of U6 is a soverei!n f#nction of the State( $/rt( J1K'
,e 'ure and ,e #acto %oernment
Co -im Cham s! &alde* Tan -eh
Finds of de facto !overn"ent2 1' !overn"ent that !ets )ossession and control of, or
#s#r)s, by force or by the voice of the "a,ority, the ri!htf#l le!al !overn"ent and
"aintains itself a!ainst the will of the latter $li&e 0n!land #nder the Co""onwealth'* 2'
established and "aintained by "ilitary forces who invade and occ#)y a territory of the
ene"y in the co#rse of war, and which is deno"inated a !overn"ent of )ara"o#nt force
$li&e Castine in Daine and Ta")ico, Deico'* A' established as an inde)endent
!overn"ent by the inhabitants of a co#ntry who rise in ins#rrection a!ainst the )arent State
$li&e the So#thern Confederacy'(
Iistin!#ishin! characteristics of the 2
nd
&ind of de facto !overn"ent2 1' its eistence is
"aintained by active "ilitary )ower within the territories and a!ainst the ri!htf#l a#thority
of an established and lawf#l !overn"ent* 2' while it eists it "#st necessarily be obeyed in
civil "atters by )rivate citi-ens who, by acts of obedience rendered in s#b"ission to s#ch
force, do not beco"e res)onsible, as wron!doers, for those acts, tho#!h not warranted by
the laws of the ri!htf#l !overn"ent(
Letter o) Associate .ustice Puno
4evol#tion H the co")lete overthrow of the established !overn"ent in any co#ntry or state
by those who were )revio#sly s#b,ect to it(* s#dden, radical and f#nda"ental chan!e in the
!overn"ent or )olitical syste", #s#ally effected with violence or at least so"e acts of
violence* occ#rs whenever the le!al order of a co""#nity is n#llified and re)laced by a
new orderL away not )rescribed by the first order itself(
The /9#ino !overn"ent was revol#tionary !overn"ent d#e to the fact that it was
established in defiance of the eistin! le!al )rocesses( 1t was a reva") of the E#diciary and
the Dilitary si!naled the )oint when the le!al syste" then in effect, had ceased to be
obeyed by the =ili)ino( $Ie =acto :overn"ent'(
People s! %o*o
The 6hili))ines has a#thority over its entire do"ain( There is no )ortion of it that is beyond
its )ower( 5ithin its li"its, its decrees are s#)re"e, its co""ands )ara"o#nt( 1ts laws
!overn therein and a))ly to all( The etent of its ,#risdiction is both territorial and )ersonal(
/ State "ay allow another to )artici)ate in the eercise of ,#risdictional ri!ht over certain
)ortions of its territory $a#to%li"itation' b#t these areas do not retain an alien character, b#t
re"ain as native soil(
Section 22 1nternational Law and 6hili))ine D#nici)al Law
Tanada s! An(ara
The )rinci)les in /rt( 2 are not intended to be self%eec#tin! )rinci)les ready for the
enforce"ent of the co#rts( They are #sed by the ,#diciary as aids or as !#ides in the
eercise of its )ower of ,#dicial review( They do not e"body ,#dicially enforceable ri!hts
b#t !#idelines for le!islation( / law sho#ld be )assed by Con!ress to clearly define and
effect#ate s#ch )rinci)les( :/TT as international law needs to be ratified to be transfor"ed
into "#nici)al law(
Bayan s! /amora
/s lon! as the K=/ )ossesses the ele"ents of an a!ree"ent #nder international law, the
said a!ree"ent is to be ta&en e9#ally as a treaty, which is an international instr#"ent
concl#ded between States in written for" and !overned by international law, whether
e"bodied in a sin!le instr#"ent or in 2 or "ore related instr#"ents, and whatever it
)artic#lar desi!nation( 1n international law, there is no difference between treaties and
eec#tive a!ree"ents in their bindin! effect #)on states concerned, as lon! as the
ne!otiatin! f#nctionaries have re"ained within their )owers( 1n this, ,#risdiction, we have
reco!ni-ed the bindin! effect of eec#tive a!ree"ents even witho#t the conc#rrence of the
Senate or Con!ress(
Lim s! E0ec! Sec!
/ )arty to a treaty is not allowed to invo&e its internal law as ,#stification for its fail#re to
)erfor" a treaty( / treaty is favored over "#nici)al law )#rs#ant to the )rinci)le of )acta
s#nt servanda( 0very treaty in force is bindin! #)on the )arties to it and "#st be )erfor"ed
by the" in !ood faith( The K=/ !ives le!iti"acy to the .ali&atan 0ercises(
+i.ares s! Ranada
There is no obli!atory r#le derived fro" treaties or conventions that re9#ires the
6hili))ines to reco!ni-e forei!n ,#d!"ents, or allow a )roced#re for the enforce"ent
thereof(
Sha(ri1La s! ,eelopers
Pharmaceutical s! ,u2ue III
Under the 198> Constit#tion, international law can beco"e )art of the law of the land
either by transfor"ation or incor)oration( Transfor"ation re9#ires that the international
law be transfor"ed into do"estic law thro#!h a constit#tional "echanis" s#ch as local
le!islation( 1ncor)oration a))lies, when by "ere constit#tional declaration , international
law is dee"ed to have force and effect of do"estic law( Treaties beco"e )art of the law of
the land thro#!h transfor"ation, by conc#rrence of 2GA "a,ority vote of the "e"bers of
Senate(
Section 3: Ciilian Supremacy
IBP s! /amora
7rders which rese"ble the f#nctions of aid by the /=6 already )resent and eistent within
the f#nctions of society s#ch as elections, national ea"s, relief and resc#e o)erations and
)ro,ects of the 4ed Cross, are not violative of civilian s#)re"acy(
Section 4: +aintenance o) Peace and "rder
-ilosbayan s! +orato
The )rinci)les in /rticle 2 do not e"body self%eec#tin! constit#tional ri!hts, b#t "ere
!#idelines for le!islation and aid for the ,#diciary(
Section 15: #amily li)e6 mother6 unborn
Roe s! 7ade
7n the basis of the ri!ht to )rivacy, abortion was le!ali-ed #) to the ?
th
"onth of
)re!nancy( The constit#tional )rovision bars any a))lication of the 4oe vs( wade decision
in this ,#risdiction(
+eyer s! Nebras8a
0d#cation sho#ld always be dili!ently )ro"oted as it has always been re!arded as a "atter
of s#)re"e i")ortance( 1t is the nat#ral d#ty of the )arent to !ive his children ed#cation
s#itable to his station in life( 4i!hts of )arents are s#)erior to the State(
Pierce s! Society o) Sister
The f#nda"ental theory of liberty ecl#de any !eneral )ower to standardi-e its children by
forcin! the" to acce)t instr#ction fro" )#blic school teachers only(
7isconsin s! 9oder
7nly those interests of the hi!hest order and those not otherwise served can over%balance
the )ri"ary interest of )arents in the reli!io#s #)brin!in! of their children(
1nherent d#ty of the state to act as )arens )atriae $)arent of the ST/T0'(
Schools "ay ta&e disci)linary action when2
1( violations of school )olicies in connection with school s)onsored activities
2( "iscond#ct affectin! st#dentMs stat#s or !ood na"e or re)#tation of the school(
%insbur( s! Ne: 9or8
The &nowled!e that )arental control cannot always be )rovided and societyMs transcendent
interest in )rotectin! the welfare of the children ,#stify reasonable re!#lation of the sale of
"aterial to the"(
Section 1?2 4i!ht to a balanced and healthf#l ecolo!y
"pposa s! #actoran
1nter!enerational ,#stice and res)onsibility2 Section 1? one of the few self%eec#tin!
)rinci)les in /rticle 2(
LL,A s! CA
1t is a constit#tional co""on)lace that the ordinary re9#ire"ents of d#e )rocess yield to
the necessities of )rotectin! vital )#blic interests li&e the )rotection of the safety, health
and !eneral welfare and co"fort of the )#blic, as well as the )rotection of )lant and ani"al
life2 thro#!h the eercise of )olice )ower(
Section 192 Self%reliant and inde)endent national econo"y
:arcia vs( .71
The State shall develo) self%reliant and inde)endent national econo"y effectively
controlled by =ili)inos( The !overn"ent "#st r#n its affairs the way it dee"s best for the
national interest, witho#t any eternal infl#ence or control(
Tanada s! An(ara
1nde)endence refers to freedo" fro" #nd#e forei!n control of the national econo"y
es)ecially in s#ch strate!ic ind#stries as in the develo)"ent of nat#ral reso#rces and )#blic
#tilities( 1t does not )rohibit co")etition, so lon! as it is fair and reasonable( So"e a"o#nt
of co")etition wo#ld be beneficial for the cons#"ers, as well as )rod#cers(
Section 5;: E2ual access to political opportunities and political dynasties
Pamaton( s! Comelec
There is no constit#tional ri!ht to r#n for or hold )#blic office and, )artic#larly, to see& the
)residency( 5hat is reco!ni-ed is "erely a )rivile!e s#b,ect to li"itations i")osed by the
law( 09#ality is not sacrificed so lon! as the b#rdens en!endered by the li"itations are
"eant to be borne be any one who is "inded to file a certificate of candidacy(
Article &I
Po:ers o) Con(ress: )lenary2 article JK1 a#thori-es Con!ress to )ass law to chan!e na"e
of co#ntry, national anthe" or national fla!* s#b,ect to ratification by the )eo)le(
&ALI, ,ELE%ATI"N
Le!islativeG Law "a&in!
Le!islative N%O 0ec#tive
Law N%O 1")le"entin! 4#les and 4e!#lations
Law%"a&in! N%O 4#le%"a&in!
6rinci)le of non%dele!ability of Le!islative 6ower
6eo)le v( 4osenthal H .l#e S&y Law
The eec#tive has the )ower of s#bordinate le!islation, insofar as it inter)rets the laws
were it is based, and not !oin! beyond and enactin! laws( Doreover, this enhances
convenience and )ro"otes s)eciali-ation thro#!h the ad"inistrative bodies(
S#bstantive shares% #nder ins#lar treas#rer
Not #nd#e dele!ation2 standard of P)#blic interestQ
Iele!ation to be "ade2 s#fficient standard to define r#les and re!#lations
LawMs constit#tional basis2
1( 6#blic )#r)ose
2( 4easonableness of "eans
Araneta s! %atmaitan < E" 556 ;; and ==
The le!islat#re has the discretion to what the law sho#ld be while the eec#tive has the
a#thority or discretion to the eec#tion of s#ch laws, )rovided that the eec#tion be
eercised #nder and in )#rs#ance of the law(
/ny fishin! net or fishin! device H 6rotect fish fry and fish e!!s $#nder fisheries law'
=ish trawl H destroys fish fry and fish e!!s and co"es #nder P/ny fishin! net or fishin!
deviceQ
People s! +aceren
The law"a&in! body cannot dele!ate to an eec#tive official the )ower to declare what
acts sho#ld constit#te a cri"inal offense( 1t can only a#thori-e the iss#ance of re!#lations
and the i")osition of the )enalty )rovided for in the law itself( /n ad"inistrative a!ency
cannot a"end an act of Con!ress(
Pobnoio#s and )oisono#s s#bstanceQ H #nder fisheries law )rohibited
=isheries /d"inistrative 83 H 6rohibits electro fishin! $created by sec( of /!ric#lt#re and
Nat#ral reso#rces, and Co""issioner of =isheries'
- 6enali-es so"ethin! that is not incl#ded in the law that created it $fisheries law'
- Test of co")leteness and S#fficient standard test
- /d( 83 !oes beyond the fisheries law2 added the cri"inali-ation of electro fishin!
A(ustin s! Edu
To avoid the taint of #nlawf#l dele!ation, there "#st be a standard, which i")lies at the
very least that the le!islative itself deter"ines "atters of )rinci)le and lays down
f#nda"ental )olicy( 7therwise, the char!e of co")lete abdication "ay be heard to re)el( /
standard th#s defines le!islative )olicy, "ar&s its li"its, "a)s o#t its bo#ndaries and
s)ecifies the )#blic a!ency to a))ly it( 1t indicates the circ#"stances #nder which the
le!islative co""and is to be effected( 1t is the criterion by which le!islative )#r)ose "ay
be carried o#t( Thereafter, the eec#tive or ad"inistrative office desi!nated "ay in
)#rs#ance of the above !#idelines )ro"#l!ate s#))le"ental r#les and re!#lations( The
standard "ay be either e)ress or i")lied( 1f the for"er, the non%dele!ation ob,ection is
easily "et( The standard tho#!h does not have to be s)elled o#t s)ecifically( 1t co#ld be
i")lied fro" the )olicy and )#r)ose of the act considered as a whole( 1n the 4eflector Law,
clearly the le!islative ob,ective is )#blic safety(
05I H L71 229 and 3>9
De"orand#" Circ#lar No( A2
Standard H P6#blic SafetyQ
Kienna Convention for 4oad Si!ns and Si!nals
#ree Telephone 7or8ers s! +in! o) labor
5hat cannot be dele!ated is the a#thority #nder the Constit#tion to "a&e laws and to alter
and re)eal the"* the test is the co")leteness of the stat#te in all its ter" and )rovisions
when it leaves the hands of the le!islat#re(Q SC f#rthered that there lies a distinction
between the $1' dele!ation of )ower to "a&e the laws that necessarily involves a discretion
as to what it shall be $law%"a&in! )owers of the Con!ress' and $2' dele!ation of a#thority
as to its eec#tion to be eercised #nder and in )#rs#ance of the law $law%eec#tion )owers
of ad"inistrative bodies'( This )rinci)le of non%dele!ation is in res)onse to Pthe
co")leities of "odern !overn"ents !ivin! rise to the ado)tion, within certain li"its, of
the )rinci)le of Rs#bordinate le!islation(
Din of Labor H resolve labor dis)#tes %O co")#lsory arbitration of NL4C
Eastern Shippin( s! P"EA
5ith the )roliferation of s)eciali-ed activities and their attendant of )ec#liar )roble"s, the
national le!islat#re has fo#nd it "ore necessary to entr#st to ad"inistrative a!encies the
a#thority to iss#e r#les to carry o#t the !eneral )rovisions of the stat#te( This is called the
)ower of s#bordinate le!islation(
De"orand#" Circ#lar No( 2 H i")le"entation
Standard2 fair and e9#itable e")loy"ent )ractice
No contract bet e")loyer and e")loyee H 670/ to )rotect the e")loyee
Tablarin s! %utierre*
5ith the !rowin! co")leities of "odern life, the "#lti)lication of the s#b,ects of
!overn"ental re!#lation, and the increased diffic#lty of ad"inisterin! the laws, there is a
constantly !rowin! tendency toward the dele!ation of !reater )ower by the le!islat#re, and
toward the a))roval of the )ractice by the co#rts( /s re!ards the iss#e of failin! to establish
the necessary standards, the co#rt believes that standards have indeed been set, as can be
fo#nd in Section 1 of the 19B9 Dedical /ct2 Pthe standardi-ation and re!#lation of "edical
ed#cation(
4/ 2A82 created the .oard of Dedical 0d#cation
Standard2 standardi-ation and re!#lation of the Dedical ed#cation2 )ower to deter"ine and
)rescribe re9#ire"ents for the ad"ission into Ded schools
7rder B22 creation of ND/T for standardi-ation
%uin(ona ! Cara(ue
Iele!ation of Le!islative 6owers2 The le!islat#re does not abdicate its f#nction when it
describes what ,ob "#st be done, who is to do it, and what is the sco)e of his a#thority( The
)ower to "a&e laws and to alter and re)eal the" C/NN7T be dele!ated(
Co")leteness of Law2 The law "#st be co")lete in all its essential ter"s and conditions
when it leaves the le!islat#re so that there will be nothin! left for the dele!ate to do when it
reaches hi" ece)t to eec#te and enforce it(
.#d!et /))ro)riation H boo&s of treas#ry deter"ine the a))ro)riation for debt
Total a"o#nt of debt alon! with interests and other fees H standard to be #sed
Con)erence s! P"EA
670/ 4esol#tion to increase sea"en co")ensation and benefits
"smena s! "rbos
=or a valid dele!ation of )ower, it is essential that the law dele!atin! the )ower "#st
be
$1' Co")lete in itself, that it "#st set forth the )olicy to be eec#ted by the
dele!ate and
$2' 1t "#st fi a standardSli"its of which are s#fficiently deter"inate or
deter"inableSto which the dele!ate "#st confor"(
The standard of le!islative dele!ation "#st be e)ress or i")lied( 1f the for"er, the non%
dele!ation ob,ection is easily "et( The standard tho#!h does not have to be s)elled o#t
s)ecifically( 1t co#ld be i")lied fro" the )olicy and )#r)ose of the act considered as a
whole( 5hat the law intended was to )er"it the additional i")osts for as lon! as there
eists a need to )rotect the !eneral )#blic and the )etrole#" ind#stry fro" the adverse
conse9#ences of )#") rate fl#ct#ations(
76S= H Created by Darcos H rei"b#rse oil co")anies of the chan!es in the )rice to
stabili-e )rices for cons#"ers
7il 6rod#cers %O Dar&et forces chan!e )rices %O i")orted to 6hili))ines
&iola s! Alunan
Local :overn"ent Code H )rovides National Li!a a#thority to create )ositions, as it "ay
dee" necessary(
#ernande* ! Sto Tomas
/#thority to reor!ani-e civil service co""ission
Standard2 decentrali-ation for efficiency and res)onsiveness in the "ana!e"ent of the
a!encies
Not create and abolish b#t to reor!ani-e2 revised ad"inistrative code
Chion(bian ! "rbos
4/ ?>A3 /4DD )lebiscite2 3 )rovinces for creation of a#tono"o#s re!ion
6resident !iven )ower to "er!e the re"ainin! re!ions2 s#fficient standard2 efficient
ad"inistration i")lied in another law
Rodri(o s! Sandi(anbayan
I.D !iven a#thority to fill in the details of the salary !rade, classification
Not #nd#e dele!ation2 standards !iven
Aba8ada ! Ermita
Kat 1@C to 12C, followin! certain criteria
6resident, thro#!h the Secretary of =inance, !iven criteria to ascertain facts of the sit#ation
in relation to the i")le"entation of the increase( The case is not a dele!ation of le!islative
)ower b#t a Pdele!ation of ascertain"ent of factsQ #)on which the enforce"ent and
ad"inistration of the increase rate #nder the law is contin!ent( The le!islat#re has "ade the
12C rate contin!ent #)on a s)ecified fact or condition, which is o#tside of the control of
the eec#tive( Th#s, there is no discretion that is eercised by the 6resident( The co#rt cited
5ay"an vs( So#thward2 PThe )ower to ascertain facts is s#ch a )ower which "ay be
dele!ated( There is nothin! essentially le!islative in ascertainin! the eistence of facts or
conditions as the basis of the ta&in! into effect of lawQ The !ro#nd for this that le!islat#re
has deter"ined that #nder !iven circ#"stances, certain eec#tive or ad"inistrative action is
to be ta&en and that #nder other circ#"stances, different or no action at all is to be ta&en(
5hat is left to the ad"inistration is not le!islative deter"ination of what )#blic )olicy
de"ands b#t si")ly an ascertain"ent of what the facts of the case re9#ire to be done
accordin! to the ter"s of the law by which he is !overned(
Beltran ! Sec! o) >ealth
4/ >>19 Kol#ntary .lood Ionation and re!#late blood ban&s
6#blic <ealth s#fficient !#ideline( There is a valid eercise of )olice )ower if $a' )#blic
interest re9#ires state interference, and $b' the "eans e")loyed are necessary to the
attain"ent of s#ch ob,ectives( in this re!ard the interests of the ownersGo)erators of the
C..s "#st !ive way to the hi!her interest of the )eo)le(
Bayan ! Ermita
.6 No( 88@ )er"its for rallies2 iss#ed by the Dayor, clear and )resent dan!er standard for
iss#ance
The dele!ation to the "ayors of the )ower to iss#e rally )er"its is valid beca#se it is
s#b,ect to the constit#tionally%so#nd Pclear and )resent dan!erQ standard(
%erochi s! ,"E
Constit#tionality of 0614/ and Universal Char!e
Und#e Iele!ation H 6ower of ta2 UC not a ta b#t eercise of 6olice )ower
Co")lete2 a"o#nt of #niversal char!e is based on !#idelines )rovided in 0614/
S#fficient Standard2 total electrification, viability of )ower ind#stry, electricity "ade
affordable
ABA-A,A s! Purisima
.14 and .7C2 syste" of rewards and sanctions
4even#e tar!ets !iven by I.CC* e")loyees covered by the civil service co""ission and
contracts of the e")loyees
$N,$E ,ELE%ATI"N
People s! &era
6robation /ct H will only be a))lied to )rovinces which )rovide salaries for )robation
officers
Not co")lete in itself H wGn havin! )robation officers #nder discretion of the )rovincial
board
Not s#fficient standard H arbitrary standard !iven
People s! Barrias
The )enalty "#st not be left to the ad"inistrative a!ency, b#t "#st be )rovided by stat#te(
People s! Panlilio
/ct No( 1>?@ H not cri"inali-in! act
Day be char!ed #nder other law2 6enal Code
People s! ,acuycuy
Law i")oses fine, b#t no ter"s of i")rison"ent H Dini"#", "edi#" and "ai"#"
sentence de)endin! on the circ#"stances of the cri"e $"iti!atin!, etc('
E#d!e !iven le!al discretion % circ#"stances in the cri"e T )enalty to be i")osed
/ct 29? H less than A@@@(@@ )h)
Cebu "0y(en s! ,rilon
4/ ?3>@ H increasin! "ini"#" wa!e T i")le"entin! r#les
Unot vs( 1nter"ediate /))ellate Co#rt
07 ?2? H /2 )rohibition on inter%)rovince trans)ort of carabao and cara%beef(
Pas "ay dee" necessaryQ H !ives le!islative )ower to officers2 arbitrary
1")le"entin! r#les cannot add or detract fro" the )rovisions of law it desi!ned to
i")le"ent(
Pharmaceutical and >ealth Care Assoc! s! ,u2ue III
07 No( B1 $Dil& Code' H le!islative )ower #nder freedo" consti2 6res( /9#ino
5<7 H )ro"ote the #se of breast"il&* Dil& Code H )ro"ote the #se of breast"il&* I7< H
1nternational law H Soft Law and hard Law2 5<7 H soft law, re!#lation2 has to be enacted
into local re!#lation before it beco"es bindin!
There was a defect H 4144 invalidated2 )rovided a ban on advertise"ent on "il&
s#bstit#tes, b#t the law, does not )rovide for a total ban, only the international law was
followed
1nternational soft law "#st first be enacted into a local re!#lation before it can be followed
by any a!ency
Dil& Code )rovides the local enact"ent of the soft law and it is what sho#ld have been
followed
ABA-A,A s! Purisima
.14 and .7C Syste" of rewards H 4/ 9AAB, section 122 creation of the Eoint
Con!ressional 7versi!ht Co""ittee for a))roval of 144 of the 4/(
0ncroah"ent of the le!islative into the real" of ,#diciary2 decision is ,#diciary in nat#re as
it involves the inter)retation and a))lication of the 4/ #nto the 144(
Tatad s! Sec o) ,"E
4/ 818@ PIere!#latin! the Iownstrea" 7il 1nd#stry
2 )hases2 trasition
=#ll dere!#lation2 i")le"entation sho#ld be based on two criteria2
1( !lobal oil )rices decline
2( US%6eso echan!e rate stable
07 A>2 H i")le"ented f#ll dere!#lation addin! additional criteria2 de)letion of 76S=2
void2 eec#tive "isa))lication( Con!ress has to rely "ore on the )ractice of dele!atin! the
eec#tion of laws to the eec#tive and other ad"inistrative a!encies, as society beco"es
"ore co")le( /ccordin! to ,#ris)r#dence, there are two tests to deter"ine, whether it is a
valid dele!ation H 1' the co")leteness test, and, 2' the s#fficient standard test(
Con!ress2 Senate and <o#se of 4e)resentatives
<o42 2 ways to r#n2 $A year ter", A consec#tive ter"s' T 2B@ "e"bers #nless otherwise
)rovided by law
1( Iistrict re)resentative H nat#ral%born, at least 2B years old, read and write,
re!istered voter of the district, resident of sa"e district at least one year
)recedin! the day of the election
2( 6arty%list re)resentative
Senate2 ter" of ? years, re%election for 2 consec#tive ter"s only
0lection2 ? years for first 12, A years for latter 12 T 23 "e"bers
Section B2 Co")osition of the <o4 T 8@C district re)resentatives V 2@C )arty%list
re)resentatives
Baran(ay s! C"+ELEC
Standards for a))ortionin! seats for 6arty%list 4e)resentatives
2@C co")osition 2 "erely a ceilin!, not "andatory to fill in all seats2 "erely reserved for
6L4
An( Ba(on( Bayani s! C"+ELEC
Characteristics of a )arty%list2 $!#ideline for C7D0L0C'
1( "#st re)resent the "ar!inali-ed and #nderre)resented !ro#)s
2( "#st co")ly with declared stat#tory )olicy of enablin! =ili)inos belon!in! to
"ar!inali-ed and #nderre)resented sectors be elected in the <o4(
A( D#st not re)resent a reli!io#s sect
3( D#st not be dis9#alified #nder section ? of 4/ >931
B( 6arty or or! "#st not be an ad,#nct of or a )ro,ect or!ani-ed by the
!overn"ent
?( 6arty "#st co")ly with re9#ire"ents, as well as its no"inees #nder section 9
4/ >931
>( No"inee "#st belon! to the "ar!inali-ed and #nderre)resented sector
8( No"inee "#st be able to contrib#te to the for"#lation of le!islation
A-LAT s! C"+ELEC
/FL/T re%dis9#alified2 did not "eet 9#alifications "entioned in the ba!on! bayani case
Tobias s! Abalos
4/ >?>B2 Dandal#yon! into an #rbani-ed city2 create own le!islative district and a new
le!islative district of San E#an2 rea))ortion"ent
:erry"anderin! H creation of a new le!islative district to increase )ossible n#"ber of
voters for elections, contrary to the !#ideline of Pconti!#o#s, co")act and ad,acent
territory(
Consti H one )rovince at least on re)resentative
Not !erry"anderin! H re) who iss#ed 4/ will act#ally be "ade to lose )art of his district2
conti!#o#s, co")act and ad,acent territory
+ariano s! C"+ELEC
4/ >8B32 D#nici)ality of Da&ati into a hi!hly #rbani-ed city
Kalid2 rea))ortion"ent thr# s)ecial law2 d#ty of con!ress to rea))ortion
Criteria2 )o)#lation $2B@,@@@' and, inco"e or area
Samson s! A(uirre
4/ 8B8A2 Novaliches as a city2 certification as to inco"e, )o)#lation and area not fatal2
state"ents of NS7, .#rea# of Local :overn"ent =inance, and Land
+onte.o s! C"+ELEC
C7D0LC res( No 2>A?2 chan!e le!islative district of Ca)oocan and 6alo")on2
C7D0L0C only to "a&e "inor ad,#st"ents
Le!islative district can only be a))ortioned by Ple!islativeQ i(e( con!ress
>errera s! C"+ELEC
6rovince of :#i"aras H "ade into 3
th
class )rovince
Iistrictin! based on n#"ber of inhabitants2 not rea))ortion"ent2 can be #nderta&en by
C7D0L0C $districtin!'
Sema s! C"+ELEC
4L/ H 4/ 9@B32 )ower to create )rovince, cities, etc(
Creation of the )rovince of Shariff Fab#nsan2 the )ower to create )rovinces inherently
involves the )ower to create le!islative districts( <owever, #nder the )resent Constit#tion,
the )ower to increase the allowable "e"bershi) in the <o#se of 4e)resentatives, as well as
the )ower to rea))ortion le!islative districts, is vested ecl#sively in Con!ress $by virt#e of
Sections B, $1', $A' and $3' of /rticle ?'( This tet#al co""it"ent to Con!ress of the
ecl#sive )ower to create or rea))ortion le!islative districts is lo!ical( Con!ress is a
national le!islat#re and any increase in its allowable "e"bershi) or in its inc#"bent
"e"bershi) thro#!h the creation of le!islative districts "#st be e"bodied in a national
law( 1t wo#ld be ano"alo#s for re!ional or local le!islative bodies to create or rea))ortion
le!islative districts for a national le!islat#re li&e Con!ress( /n inferior le!islative body,
created by a s#)erior le!islative body, cannot chan!e the "e"bershi) of the s#)erior
le!islative body(
Ba(abuyo s! C"+ELEC
Le!islative a))ortion"ent H re)resentation in the <o4
4ea))ortion"ent is bro#!ht abo#t by chan!es in )o)#lation and "andated by the
constit#tional re9#ire"ent of e9#al re)resentation( <ence, e")hasis is !iven to the n#"ber
of )eo)le re)resented* the #nifor" and )ro!ressive ratio to be observed a"on! the
re)resentative districts* and accessibility and co""onality of interests in ter"s of each
district bein!, as far as )racticable, contin#o#s, co")act and ad,acent territory( 1n ter"s of
the )eo)le re)resented, every city with at least 2B@,@@@ )eo)le and every )rovince
$irres)ective of )o)#lation' is entitled to one re)resentative(
Section ;
Ben(son s! C"+ELEC
4e)atriation H oath of alle!iance, which reinstates )revio#s stat#s as a =ili)ino2 nat#ral%
born in Tarlac
A2uino s! C"+ELEC
Io"icile H )hysical residence, and intention to ret#rn there )er"anently(
Less than one year residency )rior to date of elections* lease of a ho#se not )er"anent2
dis9#alified( The )lace where a )arty act#ally or constr#ctively has his )er"anent ho"e,
where he, no "atter where he "ay be fo#nd at any !iven ti"e, event#ally intends to ret#rn
and re"ain, i(e(, his do"icile is that to which the Constit#tion refers when it s)ea&s of
residence for the )#r)oses of election law(
+arcos s! C"+ELEC
Criteria for the abandon"ent of do"icile2
act#al re"oval or chan!e in do"icile
bona fide intention of abandonin! and establishin! new one
acts which corres)ond to the )#r)ose
absence of which wo#ld contin#e the do"icile of ori!in
,omino s! C"+ELEC
Lease of ho#se H not indicative of intent of )er"anence
Pere* s! C"+ELEC
Io"icile% the )lace where a )arty act#ally of constr#ctively has his )er"anent ho"e,
where he, no "atter where he "ay be fo#nd at any !iven ti"e, event#ally intends to ret#rn
and re"ain
The fact that a )erson re!istered as a voter in one district is not )roof of his do"icile in the
said district(
6etitioner H ran for !overnor of the )rovince )revio#sly
S'S s! C"+ELEC
C7D0L0C resol#tion H additional 9#alification of a candidate for senate2 #nconstit#tional
as it violates the e)licit 9#alifications in the consti
Section ?: term o) representaties
,imaporo s! +itra6 'r!
.6 .l!( 881 H forfeit#re or vol#ntary !ivin! #) of oneMs ten#re, d#e to the act of filin! of
certificate of candidacy(
Ter" H le!ally "andated
Ten#re H act#al ti"e
=orfeit#re, e)#lsion, vol#ntary ren#nciation
Section @: #illin(1in &acancies
Lucero s! C"+ELEC
=ail#re of elections T s)ecial elections
Tolentino s! C"+ELEC
Kacancy in senate2 4/ >1??2 P)er"anent vacancy at least one year before e)iration of the
ter", shall call and hold a s)ecial elections, b#t in case of vacancy in senate, s)ecial
election will be held si"#ltaneo#sly with the net re!#lar elections(Q
S)ecial elections can coincide with re!#lar elections
"campo s! >RET
2nd )lacer cannot ta&e the )lace of a dis9#alified first )lacer
Salaries
The salaries of "e"bers of the Senate is !overned by /rticle K1 of the Constit#tion as
follows2
Sec( 1@( The salaries of Senators and De"bers of the <o#se of 4e)resentatives shall be
deter"ined by law( No increase in said co")ensation shall ta&e effect #ntil after the
e)iration of the f#ll ter" of all the "e"bers of the Senate and the <o#se of
4e)resentatives a))rovin! s#ch increase(
Sec( 2@( The records and boo&s of acco#nts of Con!ress shall be )reserved and be o)en to
the )#blic in accordance with law, and s#ch boo&s shall be a#dited by the Co""ission on
/#dit which shall )#blish ann#ally an ite"i-ed list of a"o#nts )aid to and e)enses
inc#rred for each De"ber(
1t "#st be noted that in accordance with the above )rovisions, there is no )rohibition
a!ainst the recei)t of allowances by the "e"bers of Con!ress( The second section, on the
other hand, see&s to avoid the rec#rrence of the ab#ses co""itted by the "e"bers of the
7ld Con!ress in allottin! the"selves fab#lo#s allowances the a"o#nt of which they
ref#sed to div#l!e to the )eo)le( 1t is now )rovided #nder the Constit#tion that the boo&s of
acco#nts of Con!ress shall be o)en to )#blic ins)ection and "#st be a#dited by the
Co""ission on /#dit( Doreover, every "e"ber of Con!ressM ite"i-ed e)endit#res,
incl#din! allowances, shall be )#blished ann#ally for the infor"ation of the )eo)le(
1t is interestin! to note that the Constit#tion in Section 1>, /rticle JK111, )rovides the
corres)ondin! salaries of Senators, to wit2
Until the Con!ress )rovides otherwise, the 6resident shall receive an ann#al salary of three
h#ndred tho#sand )esos* the Kice%6resident, the 6resident of the Senate, the S)ea&er of the
<o#se of 4e)resentatives, and the Chief E#stice of the S#)re"e Co#rt, two h#ndred forty
tho#sand )esos each* the Senators, the "e"bers of the <o#se of 4e)resentatives, the
/ssociate E#stices of the S#)re"e Co#rt, and the Chair"en of the Constit#tional
Co""issions, two h#ndred fo#r tho#sand )esos each* and the De"bers of the
Constit#tional Co""issions, one h#ndred ei!hty tho#sand )esos each(
<owever, #nder Eoint 4esol#tion No( 1, the salaries of the "e"bers of the Senate is
increased to salary !rade AA with "onthly e9#ivalent rate of 6AB,@@@(@@( The Senate
6resident, on the other hand, is raised to salary !rade A3 with a "onthly basic salary of
63@,@@@(@@(
Section 11: Immunity o) arrest
P)#nishable by "ore than si years i")rison"entQ* while con!ress is in session H 3
th
Donday of ,#ly $S7N/' and ends A@ days before the net session $co")#lsory recess',
with s"all recesses in between(
People s! 'alos.os
Conviction of "ore than ? years i")rison"ent H i""#nity not a))licable
0lected by constit#ents even tho#!h he was already convicted(
Trillanes s! Pimentel
No )erson char!ed by ca)ital offense or offense )#nishable by recl#sion )er)et#a shall be
ad"itted to bail when evidence of !#ilt is stron!(
Ca)acity to carry o#t his d#ties while in )rison(
'imene* s! Caban(ban(
Libelo#s letter2 not in the eercise of his d#ties
Tho#!h, it was not libelo#s a!ainst the )etitioners, only alle!es that they were #nwittin!
tools, not that they were the )lanners the"selves(
6art of co""#nicative and deliverative )rocess
Puyat s! ,e %u*man
161 elections T )#yat !ro#) vs( acero !ro#) T S0C case
=ernande- intervention H circ#"stances show that there is indirect a))earance as co#nsel
before ad"inistrative body
Santia(o s! %uin(ona
Dinority vs( "a,ority T "#st be #nderstood in ordinary ter"s
Aelino s Cuenco
/d,o#rn"ent %O )rocla"ation of new senate )resident and session contin#ed with only 12
"e"bers )resent
W#or#" H "a,ority of Pthe ho#seQ instead of "a,ority of Pall the "e"bers of the ho#seQ
12 "e"bers o#t of 2A is "a,ority of Pthe ho#seQ T based on the n#"ber of those )resent
People s! .alos.os
Co")#lsion to attend2 ,alos,os sayin! that he co#ld be )ers#aded for bein! #nable to attend
session2 not reason for release
/bsence is for a valid reason2 bein! detained
Arroyo s! ,e &enecia
4/ 823@ )assed in con!ress not in accordance with ho#se r#les2 arroyo still had 9#estions
re!ardin! the bill b#t it was still )assed2 no callin! of the yeas and nays(
1nternal r#les violated H not in co#rt ,#risdiction H only the ho#se can deter"ine its r#les
and )#nish its "e"bers
"smena s! Pendatun
6rivile!e s)eech acc#sin! 6res( :arcia of bribery %O ho#se co"itte to investi!ate %O <o#se
resol#tion X 1>B declarin! hi" !#ilty of disorderly behavior and s#s)ension for 1B "onths
/ltho#!h ee")t fro" )rosec#tion or civil action for words #ttered in con!ress, "e"bers
"ay be 9#estioned in C7N:40SS 1TS0L=(
Iisorderly behavior H the ho#se has ecl#sive )ower and the co#rt has none(
Santia(o s! Sandi(anbayan
Santia!o char!ed with !raft and corr#)tion for allowin! aliens to stay in 6hils(
S#s)ended by sandi!anbayan H )endin! cri"inal case2 not )#nish"ent for disorderly
behavior, b#t )reli"inary )reventive "eas#re for !raft and corr#)t act(
$S s! Pons
6ons char!ed #nder /ct 2A81 H anti%o)i#" i")ortation
/ct 2A81 H said to have been )assed after last day of session2 accordin! to the ,o#rnals,
cloc& was sto))ed at 12 "idni!ht2 law )assed valid
T ,o#rnal )revails over etraneo#s evidence
Casco s %imene*
Urea and for"aldehyde vs #rea for"aldehyde $as written in the law )assed'
5ordin! of the law H #rea for"aldehyde2 error in the )rintin!
.etween the ,o#rnals and the enrolled bill2 enrolled bill )revails
+orrales s! Subido
0nrolled bill over ,o#rnal
Astor(a s! &ille(as
I#e to the circ#"stances in the case, the co#rt loo&ed into the Senate ,o#rnals(
T a"end"ents "ade b#t not incl#ded in the bill si!ned by the )resident
Senate )resident and Chief 0ec#tive2 had already withdrawn their si!nat#res2 invalidates
the law
Phil! 'ud(es s! Prado
=ran&in! )rivile!es of ,#diciary
0nrolled bill clear, no need to loo& into ,o#rnals
.#t law "#st be str#c& down as it violates the e9#al )rotection of the law, in re!ards to the
re"oval of fran&in! )rivile!es of the ,#diciary
ABA-A,A s! Ermita
0nrolled bill to be followed as it was the one a))roved by both ho#ses and by the )resident(
SECTI"N 1?: Senate and >ouse Representaties Electoral Tribunal
0lection Contest % stat#tory contests in which the contestant see&s not only to o#st the
intr#der, b#t also to have hi"self ind#cted into the office(
6re%)rocla"ation contests % any 9#estion )ertainin! to or affectin! the )roceedin!s of the
board of canvassers in relation to the )re)aration, trans"ission, recei)t, c#stody and
a))reciation of the election ret#rns(
An(ara s! Electoral Commission
6rescri)tion !iven by 0lectoral co""ission H has sole ,#risdiction over election ret#rns and
9#alifications of its "e"bers
&era s! Aelino
Iefer"ent of oath%ta&in! H not election contest
7ath%ta&in!% "a&es one a "e"bers of the le!islat#re2 #nder ,#risdiction of the 0lectoral
trib#nal
Chae* s! C"+ELEC
6re%)rocla"ation cases not allowed for )resident, v), senators and "e"bers of <o4
A2uino s C"+ELEC
0lectoral trib#nal does not ass#"e ,#risdiction #ntil the winnin! candidate has been
)roclai"ed and has ta&en his oath of office
2
nd
)lacer H cannot ta&e the )lace of the winnin! candidate
Pere* s! C"+ELEC
C7D0L0C no lon!er has ,#risdiction as )ere- was already )roclai"ed(
%arcia s >RET
<40T acted accordin! to its own r#les, no !rave ab#se of discretion res#ltin! in
lac&Gecess of ,#risdiction(
Rasul s! C"+ELEC
<40T H ecl#sivity in ,#risdiction over election contests relatin! to its own "e"bers(
%uerrero s! C"+ELEC
&illarosa s! >RET
1nitials not to be #sed, only one nic&na"e )er candidate2 not &nown as :irlie2 ETK initials
of her h#sband
A((abao s C"+ELEC
Barbers s! C"+ELEC
Roces s! >RET
0lectoral trib#nals2 A ,#stices a))ointed by Chief E#stice, ? fro" "e"bers of Senate or the
<o4
Abbas s SET
0lectoral trib#nal "#st always be co")osed of le!islative "e"bers2 for every 2 le!islators
only one ,#stice(
Pimentel s! >RET
6arty%list re)s in <o4 did not elect a "e"ber to the <40T
Bondoc s! Pineda
<40T "#st be non%)artisan2 "#st not alter co")osition of the <40T(
Robles s! >RET
Dotion to withdraw does not end trib#nalMs ,#risdiction
Arroyo s! >RET
N7N%T4/I1T17N/L 647C0SS 7= 640C1NCT%L0K0L I7CUD0NT%./S0I
0K1I0NC0 H the )rocess of )roc#rin! election doc#"ents #sed not only d#rin! the act#al
ballotin! sta!e of the election b#t "#ch earlier, as early as the ti"e of the re!istration of
voters( $not the best for" of evidence'
Lerias s! >RET
7ri!inal co)y of the certificates of canvass sho#ld be the best evidence
Sandoal s! >RET
S#bstit#te service H eha#st all "eans of locatin! reci)ient,
Section 1=: Commission on Appointment
,a*a s! Sin(son
Shift in re)resentation of LI6 )arty T rea))ortion"ent of the Co""ission on
/))oint"ent
D#st be based on )ro)ortional re)resentation, )olitical )arty "#st be )er"anent
Coseten( s! +itra
2 seats H )er a))oint"ent into co""ission
%uin(ona s! %on*ales
Cannot red#ce the n#"ber of seats of a )arty in favor of another(
12 "e"ber Co""ission H not "andatory, what is "andatory is the )ro)ortional
re)resentation
Section 21 le!islative investi!ations
Ne!ros vs( san!#nian! 6anl#n!sod
6ower of in9#iry H for the le!islative only, not dele!ated
.en!-on vs( Senate .l#e 4ibbon Co""ittee
6ower of in9#iry to be eercised only for le!islative )#r)oses
Senate vs( 0r"ita
W#estion ho#r vs( )ower of in9#iry
:#dani vs( Sen!a
Co""ander%in%chief )owers H "ay li"it )ower of in9#iry of con!ress
Standard vs( Senate
Co")el to attend H in aid of le!islation
Neri vs( Senate
0ec#tive )rivile!e2 2 &inds2 )residential co""#nications $between )resident and
eec#tive official' and deliberative )rocess $between eec#tive officials only'
%arci s >ouse
Senate in9#iry "#st be deferred #ntil )#blication of the Senate r#les has been co")lied
with(
Section 55: ABuestion >ourC
- Kol#ntary with consent of the 6resident, or #)on the re9#est of the ho#se
- =or oversi!ht f#nctions
Arnault s Na*areno
The "ateriality of the 9#estion "#st be deter"ined by its direct relation to the s#b,ect of
the in9#iry and not by its inherent relation to any )ossible or )ro)osed le!islation( $/nswer
"i!ht be the basis if the s#b,ect is to be "ade the s#b,ect of le!islation('
Senate contin#in! H )ower of investi!ation ter"inates at the end of session* "ay be ta&en
#) a!ain at the net session(
Sabio s! %ordon
Senate s Ermita
W#estion ho#r vs( Pin aid of le!islationQ2 can only be li"ited by 640S1I0NT1/L
co""#nication )rivile!e
0ec#tive2 with )residential consent vs( anyone
4e"edy2 Sec 212 habeas cor)#s )etition vs( sec 222 9#estions to be s#b"itted beforehand
and eec#tive session
Section 2A2 con!ress sole )ower to declare the eistence of a state of war, b#t "ay by law
a#thori-e )resident for a li"ited ti"e, to eercise )owers necessary and to carry o#t a
declared national )olicy(
Lawless violence, invasion or rebellion H either s#s)end writ of habeas cor)#s or declare
"artial law(
1n line with Iavid vs( /rroyo H !r( no( 1>1A9? $re .6 1@>@'
Section 5D: ori(in o) money bills6 priate bills and local application
/))ro)riations H s)ecific s#" of "oney a))ro)riated for de)art"ents for the )erfor"ance
of their f#nctions
4even#e bills H raisin! taes
Tariff bills H raises reven#e fro" i")ortation and e)ortation of !oods
.ills a#thori-in! increase of )#blic debt
.ills of local a))lication H in relation to )rovinces, cities and "#nici)alities, e( Chan!e
"#nici)ality into a city
6rivate bills H e( 4eac9#isition of citi-enshi)
Tolentino s! Sec o) #inance
1t is the bill that has to ori!inate fro" the <o4, not the law itself(
<o4 and Senate e9#al T has )ower to )ro)ose a"end"ent, even thro#!h s#bstit#tion(
PLori!inate ecl#sively fro" the <o4, b#t Senate "ay )ro)ose and conc#r with
a"end"ents(Q
Alare* s %uin(ona
The filin! in the Senate of a s#bstit#te bill in antici)ation of its recei)t of the .ill of the
<o#se, does not contravene the constit#tional re9#ire"ent that a bill of local a))lication
sho#ld ori!inate fro" the <o#se of 4e)resentatives, for as lon! as the Senate does not act
there#)on #ntil it receives the <o#se .ill(
6resentations on $A area% A !ro#)s'
Constit#tional co""issions on C7D0L0C2 Civil Service and C7/
Southern Cross s Philcemcor
.ill is a tariff bill for a )artic#lar )#r)ose
Pascual s Sec! o) Public 7or8s
1ncidental advanta!e to the )#blic or to the state, which res#lts fro" the )ro"otion of
)rivate interest and the )ros)erity of )rivate enter)rises or b#siness, does not ,#stify their
aid by the #se )#blic "oney(
Section 54 Rules on Appropriation
Brillantes s C"+ELEC
0lectronic 9#ic& co#nt $6hase 111' not incl#ded in the ://
/))ro)riation in the :// H for "oderni-ation of 0lection syste"* not for 9#ic& co#nt
%uin(ona s Cara(ue
/))ro)riation H there "#st be a fied a"o#nt2 valid if it only needs to be co")#ted
%arcia s! +ata
A
rd
law sho#ld have a))lied, b#t a))licable )rovision was invalidated d#e to its insertion in
the /))ro)irations /ct(
Atiti: s /amora
1n order that a )rovision or cla#se in a !eneral a))ro)riations bill "ay co")ly with the test
of !er"aneness, it "#st be )artic#lar, #na"bi!#o#s, and a))ro)riate(
6artic#lar H if it relates s)ecifically to a distinct ite" or a))ro)riation in the bill
and does not refer !enerally to the entire a))ro)riations bill
Una"bi!#o#s H when its a))lication or o)eration is a))arent on the face of the
bill and it does not necessitate reference to details or so#rces o#tside the a))ro)riations bill
/))ro)riate H when its s#b,ect "atter does not necessarily have to be treated in a
se)arate le!islation(
#arinas s E0ecutie Secretary
Iifference between elective and a))ointed officials(
,emetria s Allba
The )resident cannot indiscri"inately transfer f#nds witho#t re!ard as to whether or not the
f#nds to be transferred are act#ally savin!s in the ite" fro" which the sa"e are to be ta&en,
or whether or not the transfer is for the )#r)ose of a#!"entin! the ite" to which said
transfer is to be "ade(
Li(a s! C"+ELEC
Philconsa s Enri2ue*
Chief of Staff cannot be dele!ated )ower to a#!"ent2 only for those en#"erated in the
constit#tion(
Sanche* s C"A
2 re9#isites for a#!"entation2 1' /ct#al savin!s* and, 2' there is an eistin! ite" to be
a#!"ented(
Ie)#ty 0ec#tive Secretary of I1L: H no )ower to a#!"ent2 only )resident, senate
)resident, s)ea&er of the <o#se, Chief E#stice, and heads of Constit#tional Co""issions
Section 5;: Sub.ect and title o) bills < %eneral prohibition on AridersC
Cordero s! Cabatuando
The constit#tional re9#ire"ent $one title H one bill r#le' is satisfied if all )arts of the law
related to, and are !er"ane to the s#b,ect "atter e)ressed in the title of the .ill(
1t is s#fficient of the title is co")rehensive eno#!h reasonably to incl#de the !eneral ob,ect
which the stat#te see&s to effect, witho#t e)ressin! each and every end and "eans
necessary or convenient for the acco")lish"ent of the ob,ect(
Philconsa s %imene*
1t has been the !eneral dis)osition of the co#rt that the constit#tional )rovision involvin!
the one title H one s#b,ect r#le sho#ld be constr#ed liberally, in favor of the validity of the
stat#te(
The )#r)ose of this r#le is to2
1( )revent fra#d or s#r)rise in the le!islat#re
2( fairly a))raise the )eo)le, thro#!h s#ch )#blication of le!islation that are bein!
considered, in order that they "ay have the o))ort#nity of bein! heard thereon by
)etition or otherwise, if they shall so desire(
The re9#ire"ent that the s#b,ect of the act shall be e)ressed in its title is not a "ere r#le
of le!islative )roced#re* it is D/NI/T74U( 1t is the d#ty of the co#rt to declare void any
stat#te not confor"in! to the constit#tional )rovision(
Alalayan s NPC
1f the ob,ect of the law is to a"end a )revio#s le!islation, it will s#ffice if the title !ives
reference to the a"ended law(
Insular lumber s CTA
The )ri"ary )#r)ose of the one s#b,ect%one title r#le is to )rohibit d#)licity of le!islation,
the title of which "i!ht co")letely fail to a))raise the le!islators or the )#blic of the
nat#re, sco)e and conse9#ences of the law or its o)eration( %O every )res#")tion fails its
validity
5here there is do#bt as to the ins#fficiency of either the title or the /ct, the le!islation
sho#ld be s#stained(
Tio s &ideo(ram Re(ulatory Board
/rt( K1, Sec( 2? is s#fficiently co")lied with if the title is co")rehensive eno#!h to
incl#de the !eneral )#r)ose to which a stat#te see&s to achieve(
1t is satisfied if all the )arts of the stat#e are related to, and are !er"ane to the s#b,ect
e)ressed in the title, or as lon! as they are not inconsistent with and forei!n to the !eneral
s#b,ect and title( 64/CT1C/L rather than T0C<N1C/L constr#ction(
Phil! 'ud(es s Prado
The title need not be an inde of the body of the act, or be co")rehensive as to cover every
sin!le detail of the "eas#re( 1t need only that all )rovisions in said act sho#ld be !er"ane
to the s#b,ect thereof(
Tobias s Abalos
/ liberal constr#ction of the one title%one s#b,ect r#le has been invariably ado)ted by the
co#rt so as not to i")ede or cri))le le!islation(
Tatad s ,"E
The title of a law need not "irror or f#lly inde or catalo!#e all the contents or )rovisions
of the said law(
Ie :#-"an vs C7D0L0C
6#r)ose of section 2?2 1' )revent hod!e%)od!e or lo!%rollin! le!islation* 2' to )revent
s#r)rise or fra#d #)on the le!islat#re by "eans of )rovisions in bills of which titles !ave no
info, and which "i!ht therefore be overloo&ed and carelessly and #nintentionally ado)ted*
and, A' to fairly a))raise the )eo)le thro#!h s#ch )#blication of le!islative )roceedin!s as
is #s#ally "ade, of the s#b,ects of le!islation that are bein! considered, in order that they
"ay have o))ort#nity of bein! heard thereon by )etition or otherwise if they so desire(
Section 2? is said to have been co")lied with if the title is co")rehensive eno#!h to
e"brace the !eneral to e"brace the !eneral ob,ective it see&s to achieve2 )res#")tion is in
favor of validity(
Ca:alin( s C"+ELEC
0very stat#tes has in its favor the )res#")tion of validity2 !ro#nds for n#llity "#st be
beyond reasonable do#bt( $This also !oes for one title%one s#b,ect r#le'(
Section 2>2 6roced#re in Law%"a&in!
/rroyo vs Ie Kenecia
No r#le of the <o#se of 4e)resentatives has been cited which s)ecifically re9#ires that in
case involvin! the a))roval of a conference co""ittee re)ort, the Chair "#st restate the
"otion and cond#ct a viva voce or no"inal votin!(
The constit#tion does not re9#ire that the yeas and nays of the De"bers be ta&en every
ti"e a <o#se has to vote, ece)t only in the ff circ#"stances2 1' #)on the last and third
readin!s of the bills* 2' at the re9#est of 1GB of the "e"bers )resent* and, A' in re)assin! a
bill over the veto of the )resident(
Aba8ada s Ermita
1t is within the )ower of a conference co""ittee to incl#de in its re)ort an entirely new
)rovision that is not fo#nd either in the <o#se bill or in the Senate bill( 1f the co""ittee
can )ro)ose an a"end"ent consistin! of one or two )rovisions, there is no reason why it
cannot )ro)ose several )rovisions, collectively considered as Pan a"end"ent in the nat#re
of a s#bstit#teQ, so lon! as s#ch a"end"ent is !er"ane to the s#b,ect of the bills before the
co""ittee(
.ica"eral conference co""ittees H have )ower to introd#ce a"end"ents(
No a"end"ent r#le )ertains only to the )roced#re to be followed by each ho#se of the
Con!ress with re!ard to bills initiated in each of said res)ective <o#ses, before said bill is
trans"itted to the other ho#se for its conc#rrence or a"end"ent(
Commissioner o) Internal Reenue s CTA
/n Pite"Q in a reven#e bill doesnMt refer to an entire section i")osin! a )artic#lar &ind of
ta, b#t rather to the s#b,ect of the ta and the ta rate( To constr#e Pite"Q as referrin! to
the whole section, wo#ld tie the )residentMs hand in choosin! either to a))rove the whole
section at the e)ense of also a))rovin! a )rovision therein which he dee"s #nacce)table
or veto the entire section at the e)ense of fore!oin! the collection of the &ind of ta
alto!ether(
1n /))ro)riation bills, the )resident "ay eercise Pite"%vetoQ(
%on*ale* s +acarai(
The ter"s ite" and )rovision in b#d!etary le!islation and )ractice are concededly
different( /n ite" in a bill refers to the )artic#lars, the details, and the distinct and several
)arts of a bill( 1t f#rthered that Pan Rite"M of an a))ro)riation bill obvio#sly "eans an ite"
which in itself is a s)ecific a))ro)riation of "oney, not so"e !eneral )rovision of law,
which ha))ens to be )#t into an a))ro)riation bill(Q
1na))ro)riate )rovisions H sho#ld be treated as ite"s s#b,ect to the veto )ower of the
)resident(
To deter"ine if a )rovision is an ina))ro)riate )rovision2 test of a))ro)riateness
1t is not eno#!h that a )rovision be related to the instit#tion or a!ency to which f#nds are
a))ro)riated( Conditions and li"itations )ro)erly incl#ded in an a))ro)riation bill "#st
ehibit s#ch a connection with "oney ite"s of a))ro)riation that they lo!ically belon! in a
sched#le of e)endit#res( =or the r#le to a))ly, restrictions sho#ld be s#ch in the real sense
of the ter", not so"e "atter which are "ore a))ro)riately dealt with in a se)arate
le!islation(
Ben(*on s ,rilon
The act of the 0ec#tive in vetoin! )artic#lar )rovisions is an eercise of a constit#tionally
vested )ower( .#t the veto )ower is not absol#te( 7nly )artic#lar ite"s "ay be vetoed(
The )resident cannot set aside or reverse a final and eec#tory ,#d!"ent of the co#rt
thro#!h the eercise of the veto )ower, nor can she enact or a"end stat#tes )ro"#l!ated by
her )redecessors, "#ch less to re)eal eistin! laws(
Philconsa s Enri2ue*
5here the veto is clai"ed to have been "ade witho#t or in ecess of the a#thority vested in
the 6resident, the iss#e of an i")er"issible intr#sion of the 0ec#tive into the Le!islative
do"ain arises(
Section 5=: Ta0ation
Planters s #ertiphil
6#blic )#r)ose is at the heart of a ta law( 1t is an elastic conce)t( The inherent re9#ire"ent
that taes can only be eacted for a )#blic )#r)ose still stands( 5hen a ta law is only a
"as& to eact f#nds fro" the )#blic when its tr#e intent is to !ive #nd#e benefit and
advanta!e to a )rivate enter)rise, the law will not satisfy the re9#ire"ent of P)#blic
)#r)oseQ( The )#r)ose of the law is evident fro" its tet or inferable fro" other secondary
so#rces(
CIR s Lin(ayen
/ ta is #nifor" when it o)erates with the sa"e force and effect in every )lace where the
s#b,ect of it is fo#nd( Unifor"ity "eans that all )ro)erty belon!in! to the sa"e class shall
be taed ali&e( $=ollows re9#isites for a valid classification'(
Tolentino s Sec! o) #inance
Ta ee")tion based on valid classification $Y'
Tan s! ,el Rosario
Unifor"ity of taation follows valid classification between individ#als and cor)orations2
1' the standards that are #sed therefore are s#bstantial and not arbitrary
2' the cate!ori-ation is !er"ane to achieve the le!islative )#r)ose
A' the law a))lies, all thin!s bein! e9#al, to both )resent and f#t#re conditions
3' the classification a))lies e9#ally well to all those belon!in! to the sa"e class(
Under the ta syste", the trend is to treat different thin!s differently(
CIRsCA
/ll s#b,ects or ob,ects si"ilar "#st be e9#ally taed, or )#t on e9#al footin! both in
)rivile!es and liabilities* no ee")tions(
/ll taable articles or &inds of )ro)erty of the sa"e class "#st be taed at the sa"e rate
and the ta "#st o)erate with the sa"e force and effect in every )lace where the s#b,ect
"ay be fo#nd(
Abra &alley Colle(e s A2uino
The ee")tion in favor of )ro)erty #sed ecl#sively for charitable or ed#cational )#r)oses
is not li"ited to )ro)erty act#ally indis)ensable therefore, b#t etends to facilities that are
incidental to and reasonably necessary for the acco")lish"ent of said )#r)ose, s#ch as in
the case of hos)itals, a school for trainin! n#rses, a n#rseMs ho"e, )ro)erty #sed to )rovide
ho#sin! facilities for interns, doctors, s#)erintendents, and other "e"bers of the hos)ital
staff, etc(
The ee")tion etends to facilities which are incidental to and reasonably necessary for
the acco")lish"ent of the "ain )#r)ose of the charitable or ed#cational $or reli!io#s'
instit#tion(
The test of ee")tion is the #se of the )ro)erty for )#r)oses "entioned in the constit#tion(
Bayan s /amora
'ohn >ay s Lim
Since only Con!ress can )ass ta laws, it follows that only Con!ress can )rovide ta
ee")tions, thro#!h the )assa!e of le!islation(
Southern Cement s Philcemcor
The )ower of taation by nat#re and by co""and of the f#nda"ental law is a )reserve of
the le!islat#re(
The dele!ation of taation )ower by the le!islative to the eec#tive is a#thori-ed by the
constit#tion itself( The constit#tion also !rants Con!ress the ri!ht to i")ose restrictions and
li"itations on the taation )ower of the )resident( The restrictions and li"itations i")osed
by Con!ress ta&e on the "antle of a constit#tional co""and, which the eec#tive branch is
obli!ed to observe(
Lun( Center s BC
To deter"ine whether an enter)rise is a charitable instit#tionGentity or not, the ele"ents
which sho#ld be considered incl#de the stat#tes creatin! the enter)rise, its cor)orate
)#r)ose, its constit#tion and by%laws, the "ethods of ad"inistration, the nat#re of the
act#al wor& )erfor"ed, the character of the services rendered, the indefiniteness of the
beneficiaries, and the #se and occ#)ation of the )ro)erties( / charity "ay be f#lly defined
as a !ift, to be a))lied consistently with eistin! laws, for the benefit of an indefinite
n#"ber of )ersons, either by brin!in! their "inds and hearts #nder the infl#ence of
ed#cation or reli!ion, by assistin! the" to establish the"selves in life or otherwise
lessenin! the b#rden or !overn"ent( The test whether an enter)rise is charitable or not is
whether it eists to carry o#t a )#r)ose reco!ni-ed in law as charitable or whether it is
"aintained for !ain, )rofit or )rivate advanta!e(
/ charitable instit#tion does not lose its character as s#ch and its ee")tions fro" taes
si")ly beca#se it derives inco"e fro" )ayin! )atients, or receivables fro" the !overn"ent
$or donations', so lon! as the "oney received is devoted or #sed alto!ether to the charitable
ob,ect which it is intended to achieve, and no "oney in#res to the )rivate benefit of the
)ersons "ana!in! or o)eratin! the instit#tion(
Aba8ada s Ermita
The )ower of ta cannot be dele!ated, b#t the details as to the enforce"ent and
ad"inistration of an eercise of s#ch )ower "ay be left to the eec#tive, incl#din! the
)ower to deter"ine the eistence of facts which its o)eration de)ends, the rationale bein!
that the )reli"inary ascertain"ent of facts as basis for the enact"ent of le!islation is not
itself a le!islative f#nction b#t is si")ly ancillary to le!islation( The constit#tion does not
re9#ire that Con!ress find for itself every fact #)on which it desires to base le!islative
action or that it "a&e for itself detailed deter"inations which it has declared to be
)rere9#isite to a))lication of le!islative )olicy to )artic#lar facts and circ#"stances
i")ossible for Con!ress itself to )ro)erly investi!ate(
Con!ress "ay dele!ate to the 6resident the )ower to increase a ta, de)endent on a certain
set of facts, #)on the co")letion of which the )resident "ay carry o#t the dele!ated )ower(
Spouses Constantino s Cuisia
The Con!ress can dele!ate to the cabinet Secretary $i(e( Secretary of =inance', in his
ca)acity as the alter e!o of the )resident, to carry o#t the a#thority vested on the Chief
0ec#tive #nder Section 28(
Republic s City o) -idapa:an
Ta ee")tion cannot be !ranted witho#t the conc#rrence of the "a,ority of the "e"bers
of con!ress, and "ay only be done thro#!h the )assa!e of le!islation( 7nly con!ress can
)rovide for ta ee")tions, as it is the only branch that has )ower to ta(
Section 5@: Restrictions on the $se o) Public #unds
Pascual s Secretary o) Public 7or8s
+IAA s +abunay
Le!islative "ay dele!ate to the a!ency the )ower to )rovide for the "eans of obtainin!
ob,ect of an a))ro)riation b#t s#ch act cannot !o beyond stat#tes(
6#blic biddin! has been a )ractice, which is the acce)ted "ethod of arrivin! at a fair )rice
and )revents favoritis" and over)ricin!(
%uin(ona s Cara(ue
Constit#tion does not re9#ire eact, s)ecific a))ro)riation "ade by law(
C"+ELEC s! Bui.ano
No "oney shall be )aid o#t of the treas#ry ece)t in )#rs#ance of an a))ro)riation "ade
by law(
/))ro)riation "#st first be "ade )rior to the biddin! and creation of contracts, so as to
)rovide for a !#ideline re!ardin! the a"o#nt that can be #sed for the s)ecific enter)rise(
%aston s Republic Planters Ban8
Taes levied for a s)ecific )#r)ose are considered to be s)ecial f#nds, which is an eercise
of the )olice )ower of the state( 7nce the s)ecific )#r)ose is acco")lished or abandoned,
the f#nds beco"e and are transferred to the !eneral f#nds of the state(
4even#es collected are to be treated as a s)ecial f#nd, to be Rad"inistered in tr#stM for the
)#r)ose intended(
"smena s! "rbos
Doney na"ed as ta b#t act#ally collected in the eercise of the )olice )ower of the state
"ay be )laced in a s)ecial tr#st acco#nt(
Section 3E: Appellate 'urisdiction o) the Supreme Court
#irst Lepanto Ceramics s CA
The )rovision is intended to !ive the SC a "eas#re of control over cases )laced #nder its
a))ellate ,#risdiction(
,ia* s CA
#abian s ,isierto
/ law is invalid when it increases the a))ellate ,#risdiction of the co#rt witho#t its advice(
&illaert s ,esierto
Tirol s C"A
Cabrera s Lapid
Section 31: Titles o) Royalty and Nobility
Section 35: Initiatie and Re)erendum
SB+A s C"+ELEC
,e)ensor1Santia(o s C"+ELEC
Lambino s C"+ELEC
Article &II
Section 1 E0ecutie Po:er
- Constit#tional )ower !ranted to the 6resident to enforce laws
- 1ncl#des r#le%"a&in! )ower2 i")le"entation and enforce"ent of laws )assed
Philconsa s Enri2ue*
7ebb s ,e Leon
The )rosec#tion of cri"es )ertains to the eec#tive de)art"ent, whose )rinci)al )ower and
reasonability is to see that o#r laws are faithf#lly eec#ted(
Ieter"inin! )robable ca#se H eec#tive in character
+arcos s +an(lapus
The )owers of the )resident are not li"ited to those en#"erated in the constit#tion2 resid#al
)owers
4i!ht to ret#rn H fo#nd in the UN declaration of <#"an 4i!hts, 1nternational covenant on
h#"an ri!hts, b#t not absol#te2 s#b,ect to national interests, )#blic )olicy and welfare,
health, etc(
- !eneral )ower to faithf#lly eec#te the laws
e)ress )owers of the )resident H those en#"erated in the constit#tion
resid#al )owers H anythin! not e)ressly )rovided in the Constit#tion, article K1
Laurel s! %arcia
6ower to enter into contracts H ece)t for )ro)erty #nder )#blic do"inion
,.umantan s! ,omin(o
4i!ht of every state to re!#late the entry of )ersons into their co#ntry2 de)ortation )art of
eec#tive )ower
Chae* s! PC%%
Ponte.os s! "+B
State witness H will not be char!ed with cri"inal )rosec#tion(
$S s! Ni0on
:eneral clai" of eec#tive )rivile!e is not absol#te nor #n9#alified* in a sit#ation when a
)ersonMs ri!ht is "ade s#b,ect of a cri"inal )roceedin!, then )rod#ction of evidence is
essential to #)hold the constit#tional ri!hts of the acc#sed(
Neri s! Senate Committee
6residential co""#nication )rivile!e
0le"ents2
6rotected co""#nication "#st relate to a 9#intessential and non%dele!able
)residential )ower
D#st be a#thored or solicited and received by a close advisor of the 6resident of
the 6resident hi"self
4e"ains a 9#alified )rivile!e that "ay be overco"e by a showin! of ade9#ate
need(
A-BA9AN s! A2uino
Solien s! +a8asiar
6resident "ay waive i""#nity fro" s#it( The only )erson who can invo&e i""#nity is the
)resident hi"self(
>arlo: s! #it*(erald
W#alified 1""#nity or P!ood faithQ i""#nity "ay be #se by an official( / official wo#ld
be 9#alifiedly i""#ne if he $1' does not &now that the action ta&en in his s)here of
res)onsibility wo#ld violate the constit#tional ri!hts of the victi"( $2' did not act with
"alicio#s intent( :ovMt officials )erfor"in! discretionary f#nctions !enerally are shieled
fro" civil da"a!es insofar as their cond#ct does not violate clearly established stat#tory or
constit#tional ri!hts a reasonable )erson wo#ld have &nown(
Clinton s! 'ones
The 6resident of the United States is entitled to absol#te i""#nity fro" da"a!es liability
)redicated on official acts( So"e )#blic servants are !ranted i""#nity fro" s#its for
"oney da"a!es arisin! o#t of their official acts so as to enable the" to )erfor" their
desi!nated f#nctions effectively witho#t fear that a )artic#lar decision "ay !ive rise to
)ersonal liability( The societal interest in )rovidin! s#ch )#blic officials with the
"ai"#" ability to deal fearlessly and i")artially with the )#blic at lar!e as an acce)table
,#stification for official i""#nity( The )oint of i""#nity for s#ch officials is to forestall
an at"os)here of inti"idation that wo#ld conflict with their resolve to )erfor" their
desi!nated f#nction in a )rinci)led fashion( <owever, as "#ch as so"e )#blic officials
incl#din! the 6resident, "ay be !ranted i""#nity, it does not a))ly to #nofficial cond#ct(
1""#nities are !ro#nded in the nat#re of the f#nction )erfor"ed, not the identity of the
actor who )erfor"ed(
%loria s! CA
1""#nity fro" s#it for the )resident, not for cabinet "e"bers(
Estrada s! ,isierto
Tho#!h inc#"bent )residents are i""#ne fro" s#it IU41N: their ten#re, this i""#nity
does not etend .0U7NI their ten#re( /dditionally, the char!es filed a!ainst 0ra) are
cri"inal in nat#re, and the SC cannot Pwra) hi" in )ost%ten#re i""#nity fro" liabilityQ( 1t
wo#ld then circ#"vent the !eneral a))lication of laws to hi"(
,aid s! Arroyo
The 6resident, d#rin! his ten#re of office or act#al inc#"bency, "ay not be s#ed in any
civil or cri"inal case, and there is no need to )rovide for it in the Constit#ion or law( 1t will
de!rade the di!nity of the hi!h office of the 6resident, the <ead of State, if he can be
dra!!ed into co#rt liti!ations while servin! as s#ch( =#rther"ore, it is i")ortant that he be
freed fro" any for" of harass"ent, hindrance or distraction to enable hi" to f#lly attend to
the )erfor"ance of his official d#ties and f#nctions( Unli&e the le!islative and ,#dicial
branch, only one constit#tes the eec#tive branch and anythin! which i")airs his
#sef#lness in the dischar!e of the "any !reat and i")ortant d#ties i")osed #)on hi" by
the Constit#tion necessarily i")airs the o)eration of the :overn"ent( <owever, this does
not "ean that the 6resident is not acco#ntable to anyone( Li&e any other official, he
re"ains acco#ntable to the )eo)le b#t he "ay be re"oved fro" office only in the "ode
)rovided by law and that is by 1D60/C<D0NT(
Constantino s! Cuisia
The 6resident of the 6hili))ines is the 0ec#tive of the :overn"ent of the 6hili))ines, and
no other( The heads of the eec#tive de)art"ents occ#)y )olitical )ositions and hold office
in an advisory ca)acity, and, in the lan!#a!e of Tho"as Eefferson, +sho#ld be of the
6resident8s boso" confidence+, and, in the lan!#a!e of /ttorney%:eneral C#shin!, +are
s#b,ect to the direction of the 6resident(+ 5itho#t "ini"i-in! the i")ortance of the heads
of the vario#s de)art"ents, their )ersonality is in reality b#t the )ro,ection of that of the
6resident( Stated otherwise, and as forcibly characteri-ed by Chief E#stice Taft of the
S#)re"e Co#rt of the United States, +each head of a de)art"ent is, and "#st be, the
6resident8s alter e!o in the "atters of that de)art"ent where the 6resident is re9#ired by
law to eercise a#thority+(
Section D: Election o) President and &P
Anson1Roa s! Arroyo
:D/ was not elected2 she ass#"ed )residency after resi!nation of 0strada( Th#s, there is
no bar fro" r#nnin! for )residency as she is not covered by the )hrase2 Pr#n for any
reelection(Q
Brillantes s! Comelec
Canvassin! of votes for 6resident and K6 is the tac& of Con!ress( 1t cannot be #nderta&en
by the Co"elec, even in the dis!#ise of bein! P#nofficial(Q
Pimentel s! 'oint Committee
The canvassin! of votes of the 6resident and K6 by the Con!ress is not one of its
le!islative f#nctions( Th#s, it is not covered by the end of the session of Con!ress, #nli&e
its le!islative f#ncstions, which end alon! with the ad,o#rn"ent of its sessions(
Lope* s! Senate
The constit#tion )rovides that Con!ress has the )ower to )ro"#l!ate its r#les concernin!
the canvassin! of votes for the )residency and K6(
,e)ensor1santia(o s! Ramos
Section ?: Start o) Term as o) noon 'une 3E
Tecson s! Lim
The election contest can only conte")late a )ost%election scenario( 1t is fair to concl#de
that the ,#risdiction of the S#)re"e Co#rt, defined by Section 3, )ara!ra)h >, of the 198>
Constit#tion, wo#ld not incl#de cases directly bro#!ht before it, 9#estionin! the
9#alifications of a candidate for the )residency or vice%)residency before the elections are
held(
Section ?1=: #illin( in acancy in the presidency
Estrada s! ,isierto
4esi!nation is not a hi!h level le!al abstraction( 1t is a fact#al 9#estion and its ele"ents are
beyond 9#ibble2 there "#st be an intent to resi!n and the intent "#st be co#)led by acts of
relin9#ish"ent( The validity of a resi!nation is not !overn"ent by any for"al re9#ire"ent
as to for"( 1t can be oral( 1t can be written( 1t can be e)ress( 1t can be i")lied( /s lon! as
the resi!nation is clear, it "#st be !iven le!al effect(
Section =: +idterm past 'une 3E
Death, Disability; Removal, Resignation Death, Disability;
Resignation
Pres. VP Both Acting Pres. (SP/SH)
VP is Pres. Pres. Will nominate
VPP from Congress
(sec. 9)
Senate Pres./Speaker of
HoR as Pres.
By a! (Congress)
Section 11: Incapacity o) the President
Estrada s! ,isierto
To be deter"ined by Con!ress2 can be ascertained for" their acts of reco!nition of :D/(
Section 13: Prohibitions
Ra)ael s! Embroidery
0%officio ca)acity H not entirely different fro" c#rrent d#ties and f#nctions* incidental to
their office
CL$ s! E0ec! Sec!
The eec#tive is treated as a class in itself and as s#ch, are !iven stricter )rohibitions(
,ela Cru* s! C"A
0%officio ca)acity H no co")ensation for the eec#tive who acts as s#ch, nor do their
re)resentatives(
Bitonio s! C"A and Amnesty intFl s! C"A
4e)resentatives desi!nated by e%officio "e"bers are not ee")ted fro" the law2 the
desi!nation is an i")osition only of additional d#ties, and does not confer any le!ally
de"andable ri!hts(
,oromal s! Sandi(anbayan
6artici)ation in a contract with the !overn"ent, tho#!h indirect, is still )rohibited2 b#t
acc#sed is entitled to investi!ation and ri!hts conferred by the law(
Section 1D114: Appointments by Actin( President
In Re appointment o) &alen*uela
There are two &inds of a))oint"ents directed a!ainst by the a))oint"ent ban in Sec( 1B,
/rt( >2 $1' those "ade for vote%b#yin! and $2' those "ade for )artisan )olitics( Didni!ht
a))oint"ents s#ch as the a))oint"ents in 9#estion are "ade in consideration of )artisan
Presient !ails to "#ali!y $ot %hosen Death/Disability
Pres. VP Both Pres. VP Both Pres. VP Both
VP
acts as
Pres.
"o
s#ccess
ion
Senate
Pres$/Speak
er of HoR
(#ntil one
%#alifies)
&acting
pres.'
VP as
acting
Pres.
"o
s#ccessio
n
Senate
Pres. (r
Speaker
of HoR
VP as
Pres.
Pres. "ominates
VP from
mem)ers of
Congress #pon
confirmation )y
ma*ority +ote of
all mem)ers of
)ot, ,o#ses
Senate
Pres./Spe
aker of
HoR
)olitics to infl#ence the o#tco"e of the elections( The only a))oint"ents that are ee")ted
fro" the ban are vacant eec#tive )ositions that will )re,#dice )#blic interest(
Section 1;: Nature o) Appointin( Po:er
%oenrment s! Sprin(er
The le!islative branch has no )ower to a))oint( 1t is only for the eec#tive(
Bermude* s! E0ec! Sec!
The )resident need not wait for hisGher s#bordinateMs reco""endation to carry o#t a d#ty
or f#nction vested in hisGher office(
Pimentel s! Ermita
The law e)ressly allows the 6resident to "a&e s#ch actin! a))oint"ent( Section 1>,
Cha)ter B, Title 1, .oo& 111 of 07 292 states that P[t]he 6resident "ay te")orarily
desi!nate an officer already in the !overn"ent service or any other co")etent )erson to
)erfor" the f#nctions of an office in the eec#tive branch(Q Th#s, the 6resident "ay even
a))oint in an actin! ca)acity a )erson not yet in the !overn"ent service, as lon! as the
6resident dee"s that )erson co")etent(
Sarmiento s! +ison
0ce)t as to those officers whose a))oint"ents re9#ire the consent of the C7/ by e)ress
"andate of the first sentence in Sec 1? /rt K11, a))oint"ents of other officers are left to
the 6resident witho#t need of confir"ation by the C7/( 1t is only in the first sentence
where it is clearly stated that )ositions en#"erated therein re9#ire the consent of the C7/(
The word PaloneQ is a "ere la)s#s(
Bautista s! Salon(a
/))ointin! )ower solely vests in the 6resident, b#t once she "a&es the a))oint"ent, the
6resident loses the )ower over the )osition( 1tMs #) to the a))ointed )erson if she wo#ld
acce)t or not(
Buinto1,eles s! CA
/))oint"ent of sectoral re)resentatives need C/ confir"ation(
Pobre s! +endienta
This )rovision e")owers the 6resident to a))oint +those who" he "ay be a#thori-ed by
law to a))oint(+ The law that a#thori-es hi" to a))oint the 64C Co""issioner and
/ssociate Co""issioners, is 6(I( 22A, Section 2, which )rovides that the Co""issioner
and /ssociate Co""issioners of the 64C are +all to be a))ointed by the 6resident for a
ter" of nine $9' years, witho#t rea))oint"ent, to start fro" the ti"e they ass#"e office (
#lores s! ,rilon
The )ower of choice is the heart of the )ower to a))oint( /))oint"ent involves an eercise
of discretion of who" to a))oint* it is not a "inisterial act of iss#in! a))oint"ent )a)ers to
the a))ointee( 1n other words, the choice of the a))ointee is a f#nda"ental co")onent of
the a))ointin! )ower(
Ru)ino s! Endri(a
The )ower to a))oint is the )rero!ative of the 6resident, ece)t in those instances when the
Constit#tion )rovides otherwise( Under Section 1?, there is a fo#rth !ro#) of lower%ran&ed
officers whose a))oint"ents Con!ress "ay by law vest in the heads of de)art"ents,
a!encies, co""issions, or boards( These inferior or lower in ran& officers are the
s#bordinates of the heads of de)art"ents, a!encies, co""issions, or boards who are vested
by law with the )ower to a))oint( Con!ress has the discretion to !rant to, or withhold fro",
the heads the )ower to a))oint lower%ran&ed officers( The 198> Constit#tion only allows
heads of de)art"ents, a!encies, co""issions, or boards to a))oint only Pofficers lower in
ran&Q than s#ch Pheads of de)art"ents, a!encies, co""issions, or boards(Q
Calderon s! Carale
The second sentence of Sec 1?, /rt K11 refers to all other officers of the !overn"ent whose
a))oint"ents are not otherwise )rovided for by law and those who" the 6resident "ay be
a#thori-ed by law( The NL4C Chair"an and Co""issioners fall within the second
sentence of Sec 1?( The Chair"an and De"bers of the NL4C are N7T a"on! the officers
"entioned in the first sentence of Sec 1?, whose a))oint"ents re9#ires the confir"ation by
the Co""ission on /))(
$1Sin( s! NLRC
Sa"e as Calderon
Tarrosa s! Sin(son
Con!ress cannot by law e)and the confir"ation )owers of the Co""ission on
/))oint"ents and re9#ire confir"ation of a))oint"ents of other !overn"ent officials not
e)ressly "entioned in the first sentence of Section 1? of /rticle > of the Constit#tion(
+anolo s! Si*to*a
The )olice force is different fro" and inde)endent of the ar"ed forces and the ran&s in the
"ilitary are not si"ilar to those in the 6N6( Th#s, directors and chief s#)erintendents of the
6N6, s#ch as res)ondent )olice officers in this case, do not fall #nder the first cate!ory of
)residential a))ointees re9#irin! the confir"ation by the C/ $see first sentence of the first
)ara!ra)h of Section 1?'( 6N6 is not )art of the /=6(
Soriano s! Lista
1t is clear fro" Section 1?, /rticle K11 of the 198> Constit#tion that only a))ointed officers
fro" the ran& of colonel or naval ca)tain in the ar"ed forces re9#ire confir"ation by the
C/( The r#le is that the )lain, clear and #na"bi!#o#s lan!#a!e of the Constit#tion sho#ld
be constr#ed as s#ch and sho#ld not be !iven a constr#ction that chan!es its "eanin!( The
en#"eration of a))oint"ents s#b,ect to confir"ation by the C/ #nder Section 1?, /rticle
K11 of the 198> Constit#tion is ecl#sive( The cla#se +officers of the ar"ed forces fro" the
ran& of colonel or naval ca)tain+ refers to "ilitary officers alone(
Section 1?: Po:er o) Control
Lacson1ma(allanes s! Pano
The )resident is vested with the eec#tive )ower in the A branches of !overn"ent( 5ith
this )ower, co"es the )ower to control all of the eec#tive de)art"ents( <e can a))oint
these heads, and dis"iss the" as he )leases( <avin! the )ower to control and direct the",
he as well can confir", "odify or reverse the decisions of these de)art"ent secretaries(
An(1An(co s! Castillo
The )ower of control of the 6resident etends to the )ower to Palter or "odify or n#llify or
set aside what a s#bordinate officer had done in the )erfor"ance of his d#ties and to
s#bstit#te the ,#d!"ent of the [6resident] for that of the [s#bordinate officer](Q This "ay be
etended to the )ower to Pinvesti!ate, s#s)end or re"ove officers and e")loyees who
belon! to the eec#tive de)art"ent if they are )residential a))ointees or do not belon! to
the classified service for s#ch can be ,#stified that the )ower to re"ove is inherent to the
)ower to a))oint(Q The sa"e cannot be done to officers or e")loyees who belon! to the
classified service( The )roced#re laid down in the Civil Service /ct of 19B9 "#st be
followed for their re"oval(
&illalu* s! /aldiar
1nherent in the )ower to a))oint is the )ower to re"ove(
NA+ARC" s! Arca
6residentMs )ower of control incl#des :7CCs as )art of the 0ec#tive de)art"ent(
,rilon s! Lim
S#)ervision H "erely to deter"ine if r#les are bein! followed* control H chan!e the r#les
and creates new ones, and )rovide )enalties for non%co")liance with the r#les(
PASEI s! Torres
The Dinistry of Labor is #nder the eec#tive de)art"ent and the )resident has the )ower of
control of its de)art"ent head $Secretary'( 1t is i")licit in the )ower of control is the )ower
to review, confir", "odify or reverse acts of Ie)tM heads( 1n this case, if the Secretary
!rants a new license, Darcos can deny or a))rove of it( <ence, this L71 ta&es the nat#re of
a )residential iss#ance which can be re)ealed by a later )residential iss#ance(
,e Leon s! Carpio
/ll eec#tive de)art"ents, b#rea#s, and offices are #nder control of 6resident
6residentMs )ower of control over cabinet, who in t#rn controls b#rea#s and other
offices #nder their ,#risdiction
o /s head of eec#tive de)art"ent, he "ay dele!ate so"e of his )owers to
the Cabinet ece)t when he is re9#ired by the Constit#tion to act in
)erson or in the ee!encies of the sit#ations de"and that he act
)ersonally
The N.1 is #nder the Ie)art"ent of E#stice and since the Secretary of E#stice acts
as alter e!o of the 6resident, his orders "#st be followed by the Iirector of the
N.1(
/cts of the alter e!os of the 6resident are acts of the 6resident hi"self #nless disa))roved
or re)robated by the Chief 0ec#tive(
'oson s! Torres
E#risdiction over ad"inistrative disci)linary actions a!ainst elective local officials is
lod!ed in two a#thorities2 The disci)linin! a#thority and the 1nvesti!atin! /#thority( The
Iisci)linin! /#thority is the 6resident whether actin! by hi"self or thro#!h the 0ec#tive
Secretary( The Secretary of the 1nterior and Local :overn"ent is the 1nvesti!atin!
/#thority who "ay act by hi"self or by and 1nvesti!atin! co""ittee( The secretary of the
I1L:, however is not the ecl#sive investi!atin! a#thority( 1n lie# of the I1L: Secretary,
the disci)linin! a#thority "ay desi!nate a s)ecial 1nvesti!atin! co""ittee(
>utchinson s! SB+A
Chartered instir#tions are always #nder the )ower of control of the 6resident(
Cru* s! Sec! o) ,ENR
PRA s! Buna(
The tas& of the Ie)art"ent of .#d!et and Dana!e"ent is si")ly to review the
co")ensation and benefits )lan of the !overn"ent a!ency or entity concerned and
deter"ine if the sa"e co")lies with the )rescribed )olicies and !#idelines iss#ed in this
re!ard( The role of the Ie)art"ent of .#d!et and Dana!e"ent is s#)ervisorial in nat#re,
its "ain d#ty bein! to ascertain that the )ro)osed co")ensation, benefits and other
incentives to be !iven to 64/ officials and e")loyees adhere to the )olicies and !#idelines
iss#ed in accordance with a))licable laws(
,omin(o s! /amora
6ower of the 6resident to reor!ani-e over2 1' office of the 6resident )ro)er* 2' offices
within the office of the 6resident
Romulde* s! Sndi(anbayan
The felonio#s act of )#blic officials and their close relatives are not acts of the state, and
the officer who acts ille!ally is not actin! as s#ch, b#t stands on the sa"e footin! as any
other offender(
Chae* s! Romulo
Under Section 1>, /rticle K11 of the Constit#tion, heGshe is !iven )owers as the Chief
0ec#tive2 PThe )resident shall have control of all the eec#tive de)art"ents, b#rea#s and
offices( <e shall ens#re that the laws be faithf#lly eec#ted(Q /s the Chief 0ec#tive,
:D/ holds the steerin! wheel that controls the co#rse of her !overn"ent( She lays down
the )olicies in the eec#tion of her )lans and )ro!ra"s( 5hatever )olicy she chooses, she
has her s#bordinate to i")le"ent the"( 1n short, she has the )ower of control( 5henever a
s)ecific f#nction is entr#sted by law or re!#lation to her s#bordinate, she "ay act directly
or "erely direct the )erfor"ance of a d#ty( Th#s, when :D/ directed 0bdane to s#s)end
the iss#ance of the 6TC=74, she was ,#st directin! a s#bordinate to )erfor" an assi!ned
d#ty( S#ch act was well within the )rero!ative of her office(
Section 1= Commander in Chie)
Lansan( s! %arcia
6resident has A co#rses of action $in ti"es of national e"er!ency'2
To call o#t /r"ed =orces
To s#s)end the )rivile!e of the writ of habeas cor)#s
To )lace the 6hili))ines $entirely or )artly' #nder "artial law
Aberca s! &er
IBP s! /amora
The callin! o#t )ower is )laced in a different cate!ory fro" the )ower to declare "artial
law and the )ower to s#s)end "artial law and the )ower to s#s)end the habeas cor)#s
otherwise, the fra"ers of the Constit#tion wo#ld have si")ly l#")ed to!ether the A )owers
and )rovided for their revocation and review witho#t any 9#alification $see Section 18,
/rticle > codal'
The )ower to call is f#lly discretionary to the )resident(
Lacson s! Pere*
The co#rt "ay review the fact#al basis for the )rocla"ation declarin! the eistence of a
state of rebellion(
Lim s! E0ec! Sec!
Sanla8as s! E0ec! Sec!
The 6resident has f#ll discretionary )ower to call o#t the ar"ed forces and to deter"ine the
necessity of the eercise of s#ch )ower( None of the )etitioners have s#))orted their
assertion that the 6resident acted witho#t fact#al basis(
,aid s! Arroyo
The )resident "ay call o#t the /=6 witho#t confir"ation fro" Con!ress, b#t "ay not
eercise e"er!ency )owers witho#t con!ressional enact"ent(
Section 1@: E0ecutie Clemency
Call in
AFP
Suspend Privilege
of Writ of Habeas
Corpus
Declare
Martial Law
Ground
s
Prevent / Suppress
lawless violence
Yes ? ?
nvasion Yes yes yes
!ebellion Yes yes yes
Period
Prevent / Suppress
lawless violence
?
nvasion
Gen. Rule: 60 days (except if extended or revoked
by Congress
!ebellion
"otice ? Congress !"in #$ %ours
!evocation ? Congress
#udicial !eview $
Period
?
Yes. &%e test is !"n t%e 'res. (cted
arbitrarily ) sufficiently based on t%e
facts* decide in 60 days
W%o can &uestion ? (ny Citi+en
Courts $ legis'
Asse(bl)
,pen ,pen ,pen
Re&rieves %omm#tation Paron 'ines Amnesty
(ho e)ercises Presi-ent Presi-ent Presi-ent Presi-ent
Pres. . ma*. (f
all of Congress
*!!ect
Postpones to a -ay
certain
Remission of
part of t,e
p#nis,ment
/0empts from
p#nis,ment
(looks
for!ar-)
-relie+e- from
conse%#ences
-ci+il lia)ility
-a)olis,es
offense
(looks
)ack!ar-)
Re+#isites 1inal 2#-gment 1inal 2#-gment
1inal
2#-gment
1inal *#-gment
-)efore
con+iction
-treason$
political
offense/la! of
nations
Bene!iciary in-i+i-#al 3n-i+i-#al 3n-i+i-#al 3n-i+i-#al
Class of
in-i+i-#als
,imitation
/0cept4
impeac,ment5
election offense
(Comelec
recommen-ation)
-6 Same Same Same

Same (if ta0
amnesty$ nee-s
legislati+e
conc#rrence)
Acce&tance
7en. R#le4
nee-e- e0cept
if a)sol#te
Cristobal s! Labrador
There are only two li"itations on the )ardonin! )ower of the eec#tive2 that the )ower be
eercised after conviction $final ,#d!e"ent' and that s#ch )ower does not etend to cases
of i")each"ent( 6ardon was !ranted to Santos after he has served his sentence and his case
was not that of i")each"ent( Th#s, the )ardonin! )ower of the eec#tive cannot be
restricted by le!islative action( /n absol#te )ardon blots o#t not only the cri"e co""itted
b#t re"oves all disabilities res#ltin! fro" conviction( 7ften, i")rison"ent is not the only
)#nish"ent when one !oes a!ainst the law b#t )#nish"ent also co"es in the for" of
accessory and res#ltant disabilities( 5hen )ardon is !ranted after the ter" of i")rison"ent
has e)ired, absol#te )ardon re"oves all that is left of the conse9#ences of conviction(
Llamas s! "rbos
The )resident "ay !rant cle"ency for ad"inistrative cases in the eec#tive branch2 the
constit#tion does not distin!#ish between cri"inal and ad"inistrative cases(
People s! Salle
Pafter final ,#d!"ent of convictionQ H no a))eals2 if )ardon is a))lied for, it shall not be
)rocessed )endin! an a))eal( The ,#d!"ent "#st fist be final(
People s! Bacan(
6ardon cannot be etended )endin! an a))eal(
,rilon s! CA
7nce a )erson has been )ardoned, or has served his sentence, his case can no lon!er be
reo)ened and reinvesti!ated(
Torres s! %on*ales
The acce)tance of a conditional )ardon, carried with it the a#thority or )ower !iven to the
6resident to deter"ine whether the condition of the )ardon has been violated( To no other
de)art"ent of the :overn"ent has s#ch )ower been entr#sted or dele!ated( S#ch act of the
6resident is not s#b,ect to ,#dicial scr#tiny(
People s Cassido
/"nesty H !ranted to classes of )ersons !#ilty of )olitical offenses, instit#ted before or
after cri"inal )rosec#tion or even after conviction(
+onsanto s! )actoran
6ardon does not restore a convicted felon to )#blic office( <e "#st first ac!#ire a
rea))oint"ent, not a reinstate"ent, and does not ee")t hi" fro" )ayin! civil liabilities(
%arcia s! C"A
Since the )ardon was based on innocence, the acc#sed sho#ld be accorded his ri!hts
)revio#sly held( <e sho#ld be a#to"atically reinstated and !iven bac& wa!es, as if he never
left his office, as his dis"issal is rendered n#ll and void, d#e to lac& of the ca#se of action
to which his innocence was fo#nd(
Section 51 International a(reements6 treaties6 etc!
%on*ales s! hechanoa
/ltho#!h the )resident "ay enter into a!ree"ents witho#t )revio#s le!islative a#thority, he
"ay not by eec#tive a!ree"ent, enter into transactions which is )rohibited by stat#tes
enacted )rior thereto( Under the constit#tion, the "ain f#nction of the eec#tive is to
enforce the laws enacted by con!ress( <e "ay not defeat le!islative enact"ents by
indirectly re)ealin! the sa"e thro#!h an eec#tive a!ree"ent )rovidin! for the
)erfor"ance of the very act )rohibited by said laws(
$SA##E s! Treasurer
0ec#tive a!ree"ents are two classes2
1' 640S1I0NT1/L /:400D0NTS% /!ree"ent "ade )#rely by eec#tive acts
affectin! eternal relations and inde)endent of or needs no le!islative
a#thori-ation(
2' C7N:40SS17N/L% 0J0CUT1K0 /:400D0NTS% /!ree"ent entered into in
)#rs#ance of acts of con!ress(
The a!ree"ent "ay fall #nder any of these 2 classes( 5hyY
1' .eca#se con!ress !ranted a#thority to the )resident to obtain loans and inc#r
indebtedness with the :overn"ent of US(
2' 0ven ass#"in! that there was no le!islative a#thori-ation, the a!ree"ent "ay still
be entered into )#rely as eec#tive acts $which #s#ally relates to "oney
a!ree"ents for settle"ent of )ec#niary clai"s of the citi-ens(
A' Senate resol#tion 1B ad"itted the validity and the bindin! force of the a!ree"ent(
3' The act of con!ress a))ro)riatin! f#nds for the yearly install"ents $#nder the
a!ree"ent' constit#te a ratification thereof( .eca#se international a!ree"ents are
for the eec#tive, the co#rts "ay not encroach #)on their validity(
Tanada s! An(ara
Bayan s! /amora
Treaty H si!ned and a))roved by 2GA "a,ority vote of all "e"bers of the Senate(
Abaya s! Ebdane
/n +echan!e of notes+ is a record of a ro#tine a!ree"ent that has "any si"ilarities with
the )rivate law contract( The a!ree"ent consists of the echan!e of two doc#"ents, each of
the )arties bein! in the )ossession of the one si!ned by the re)resentative of the other(
Under the #s#al )roced#re, the acce)tin! State re)eats the tet of the offerin! State to
record its assent( The si!natories of the letters "ay be !overn"ent Dinisters, di)lo"ats or
de)art"ental heads( The techni9#e of echan!e of notes is fre9#ently resorted to, either
beca#se of its s)eedy )roced#re, or, so"eti"es, to avoid the )rocess of le!islative
a))roval( 1t is stated that +treaties, a!ree"ents, conventions, charters, )rotocols,
declarations, "e"oranda of #nderstandin!, "od#s vivendi and echan!e of notes+ all refer
to +international instr#"ents bindin! at international law(+Si!nificantly, an echan!e of
notes is considered a for" of an eec#tive a!ree"ent, which beco"es bindin! thro#!h
eec#tive action witho#t the need of a vote by the Senate or Con!ress( /!ree"ents
concl#ded by the 6resident which fall short of treaties are co""only referred to as
eec#tive a!ree"ents and are no less co""on in o#r sche"e of !overn"ent than are the
"ore for"al instr#"ents H treaties and conventions( They so"eti"es ta&e the for" of
echan!e of notes and at other ti"es that of "ore for"al doc#"ents deno"inated
+a!ree"ents+ or +)rotocols+( The )oint where ordinary corres)ondence between this and
other !overn"ents ends and a!ree"ents H whether deno"inated eec#tive a!ree"ents or
echan!e of notes or otherwise H be!in, "ay so"eti"es be diffic#lt of ready ascertain"ent(
6har"ace#tical vs( I7<
Non%c#sto"ary laws need to be transfor"ed into local le!islation before it can be bindin!2
ratification and conc#rrence of Senate(
Article &III
Section 1: 'udicial Po:er
+arbury s! +adison
E#dicial review2 a#thority of the co#rt to in9#ire into the acts of the branches of
!overn"ent or instr#"entalities thereof(
Santia(o s! Bautista
E#dicial f#nction is an act )erfor"ed by virt#e of ,#dicial )owers* the eercise of which is
the doin! of so"ethin! in the nat#re of the action of the co#rt( 1n order that a s)ecial action
of certiorari "ay be invo&ed in this ,#risdiction, the followin! "#st eist2
a( That there "#st be a s)ecific controversy involvin! the ri!hts of )ersons or )ro)erty*
b( S#ch controversy is bro#!ht before a trib#nal, board, or officer for hearin! and
deter"ination of ri!hts and obli!ations(
+anila Electric s! Pasay Transit
The S#)re"e Co#rt and its "e"bers sho#ld not and cannot be re9#ired to eercise any
)ower or to )erfor" any tr#st or to ass#"e any d#ty not )ertainin! to or connected with the
ad"inisterin! of ,#dicial f#nctions(
The )ower conferred on this co#rt is ecl#sively ,#dicial, and it cannot be re9#ired or
a#thori-ed to eercise any other( ( ( ( 1ts ,#risdiction and )owers and d#ties bein! defined in
the or!anic law of the !overn"ent, and bein! all strictly ,#dicial, Con!ress cannot re9#ire
or a#thori-e the co#rt to eercise any other ,#risdiction or )ower, or )erfor" any other
d#tyL /nd while it eec#tes fir"ly all the ,#dicial )owers entr#sted to it, the co#rt will
caref#lly abstain fro" eercisin! any )ower that is not strictly ,#dicial in its character, and
which is not clearly confided to it by the Constit#tion(
Noble.as s! Teehan8ee
E#dicial )ower does not incl#de the )ower to disci)line officers in others branches of
!overn"ent with e9#al ran& as that of a ,#d!e( This is beyond the ,#dicial s)here(
Radio:ealth s! A(re(ado
The P)reservation of E#diciaryMs inte!rity and effectiveness is necessaryQ( Corollary to this
is the )ower of ,#diciary to "aintain its eistence( The 9#ality of the !overn"ent de)ends
#)on the inde)endence of ,#diciary and the officials of the !overn"ent cannot de)rive the
co#rts of anythin! which is vital to their f#nctions(
=#rther"ore, the )rero!atives of this co#rt which the Constit#tion sec#res a!ainst
interference incl#de not only the )owers to ad,#dicate cases b#t all thin!s that are
40/S7N/.LU necessary for the ad"inistration of ,#stice( The )#rchase of the necessary
e9#i)"ent wo#ld contrib#te to a "ore effective ,#diciary( Lastly, these are i")lied and
incidental )owers that are as essential to the eistence of the co#rt as the )owers
s)ecifically !ranted to it(
In re Laureta
The Co#rt8s a#thority and d#ty #nder the )re"ises is #n"ista&able( 1t "#st act to )reserve
its honor and di!nity fro" the sc#rrilo#s attac&s of an irate lawyer, "o#thed by his client,
and to safe!#ard the "orals and ethics of the le!al )rofession(
In re Borromeo
E#d!es "#st be free to ,#d!e, witho#t )ress#re or infl#ence fro" eternal forces or factors(
They sho#ld not be s#b,ect to inti"idation, the fear of civil, cri"inal or ad"inistrative
sanctions for acts they "ay do and dis)ositions they "ay "a&e in the )erfor"ance of their
d#ties and f#nctions( <ence it is so#nd r#le, which "#st be reco!ni-ed inde)endently of
stat#te that ,#d!es are not !enerally liable for acts done within the sco)e of their
,#risdiction and in !ood faith( The Co#rt has re)eatedly and #nifor"ly r#led that a ,#d!e
"ay not be held ad"inistratively acco#ntable for every erroneo#s order or decision he
renders( The eercise of the )ower of conte")t of the co#rt is valid(
,irector o) Prisons s! An( Cho -io
The )ower to revo&e a conditional )ardon is within the real" of the eec#tive, and does not
fall within the ,#risdiction of the ,#diciary( Neither does the ,#diciary have the )ower to
!ive advisory o)inions( 1ts "ain d#ty is to settle dis)#tes and #)hold ri!hts, in the absence
of which it cannot render o)inions, as this is not one of its f#nctions(
Eche(aray s! Sec! o) 'ustice
The finality of a ,#d!"ent does not "ean the Co#rt has lost all its )owers over the case( .y
the finality of the ,#d!"ent, what the co#rt loses is its ,#risdiction to a"end, "odify, or
alter the sa"e( The co#rt still has ,#risdiction to eec#te and enforce it( The )ower to
control the eec#tion of its decision is an essential as)ect of ,#risdiction( S#)ervenin!
events "ay chan!e the circ#"stance of the )arties and co")el co#rts to intervene and
ad,#st the ri!hts of the liti!ants to )revent #nfairness(
6ost)one"ent of the date2 The )artic#lars of the eec#tion itself are absol#tely #nder the
control of the ,#dicial a#thority, while the eec#tive has no )ower over the )erson of the
convict ece)t to )rovide for carryin! o#t of the )enalty and to )ardon( The date can be
)ost)oned, even in sentences of death( Under the co""on law this )ost)one"ent can be
ordered in A ways2 $1' by co""and of the Fin! $2' by discretion of the co#rt $A' by
"andate of the law(
PC%% s! ,isierto
The Constit#tion has tas&ed this Co#rt Pto deter"ine whether or not there has been !rave
ab#se of discretion a"o#ntin! to lac& or ecess of ,#risdiction on the )art of any branch or
instr#"entality of the :overn"ent,Q incl#din! the 7ffice of the 7"b#ds"an( S)ecifically,
this Co#rt is "andated to review and reverse the o"b#ds"anMs eval#ation of the eistence
of )robable ca#se, if it has been "ade with !rave ab#se of discretion(
,omin(o s! Scheer
/ltho#!h the co#rts are witho#t )ower to directly decide "atters over which f#ll
discretionary a#thority has been dele!ated to the le!islative or eec#tive branch of the
!overn"ent and are not e")owered to eec#te absol#tely their own ,#d!"ent fro" that of
Con!ress or of the 6resident, the Co#rt "ay loo& into and resolve 9#estions of whether or
not s#ch ,#d!"ent has been "ade with !rave ab#se of discretion, when the act of the
le!islative or eec#tive de)art"ent violates the law or the Constit#tion(
An(ara s! Electoral Tribunal
E#dicial s#)re"acy is b#t the )ower of ,#dicial review in act#al and a))ro)riate cases and
controversies, and is the )ower and d#ty to see that no one branch or a!ency of the
!overn"ent transcends the Constit#tion, which is the so#rce of all a#thority(
The 0lectoral Co""ission is an inde)endent constit#tional creation with s)ecific )owers
and f#nctions to eec#te and )erfor", closer for )#r)oses of classification to the le!islative
than to any of the other two de)art"ents of the !overn"ent* is the sole ,#d!e of all contests
relatin! to the election, ret#rns and 9#alifications of "e"bers of the National /sse"bly(
$S s! Ni0on
The "ere assertion of an Pintra%eec#tiveQ dis)#te does not defeat federal ,#risdiction(
=#rhter"ore the attorney !eneral had conferred #)on the s)ecial )rosec#tor the #ni9#e
ten#re and a#thority to re)resent the US and with this e)licit )ower to contest the
invocation of eec#tive )rivile!e in see&in! evidence dee"ed relevant to the )erfor"ance
of his d#ties( /ctions of the )rosec#tor are well within the sco)e of this e)ress a#thority
see&in! s)ecified evidence, which are ad"issible and relevant ot the cri"inal case at hand(
Th#s the iss#e is of a ty)e considered Ptraditionally ,#sticiable,Q the fact that both officers
are of the eec branch does not bar this(
+arcos s! +an(lapus
:iven the e)anded ,#risdiction of the SC, it no lon!er cowers behind the )olitical 9#estion
doctrine save for certain #ndeniable sit#ations s#ch as reco!nition of states or the !rant of
)ardons( The SC, in the face of the )resent controversy, has the d#ty of ascertainin!
whether or not the 0ec#tive !oes beyond the )ower vested by the Constit#tion( There
eists a conflict between the ri!hts asserted by the Darcoses as o))osed to the eercise of
eec#tive )ower by the 6resident for the )reservation of national interest and sec#rity(
,a*a s! Sin(son
The iss#e )resented is ,#sticiable rather )olitical, involvin! as it does the le!ality and not
the wisdo" of the act co")lained of, or the "anner of fillin! the Co""ission on
/))oint"ents as )rescribed by the Constit#tion( 0ven if the 9#estion were )olitical in
nat#re, it wo#ld still co"e within the )owers of review #nder the e)anded ,#risdiction
conferred #)on the SC by /rticle K111, Section 1, of the Constit#tion, which incl#des the
a#thority to deter"ine whether !rave ab#se of discretion a"o#ntin! to ecess or lac& of
,#risdiction has been co""itted by any branch or instr#"entality of the !overn"ent(
%arcia s! B"I
There is an act#al controversy whether the )etro%che"ical )lant sho#ld re"ain in .ataan or
be transferred to .atan!as(
,.umantan s! ,omin(o
.ein! final arbiter, it has )ower to review the order of the Co""ission of 1""i!ration and
Ie)ortation, as a branch or instr#"entality of the :overn"ent( :/I0LE
+ariano s! Comelec
/ hy)othetical iss#e which has yet to ri)en into an act#al case is not a ,#sticiable
controversy which the co#rt can ta&e co!ni-ance of( / hy)othetical iss#e which rests on
"any contin!ent events does not )ose an iss#e ri)e for ad,#dication(
PPI s! Comelec
1ss#e not ri)e for ,#dicial review d#e to lac& of act#al case or controversy(
SB+A s! Comelec
Co#rts "ay decide only act#al controversies, not hy)othetical 9#estions or cases( E#dicial
)ower has been defined in ,#ris)r#dence as +the ri!ht to deter"ine act#al controversies
arisin! between adverse liti!ants, d#ly instit#ted in co#rts of )ro)er ,#risdiction+( 1t is +the
a#thority to settle ,#sticiable controversies or dis)#tes involvin! ri!hts that are enforceable
and de"andable before the co#rts of ,#stice or the redress of wron!s for violation of s#ch
ri!hts+( Th#s, there can be no occasion for the eercise of ,#dicial )ower #nless real )arties
co"e to co#rt for the settle"ent of an act#al controversy and #nless the controversy is s#ch
that it can be settled in a "anner that binds the )arties by the a))lication of eistin! laws(
Tanada s! An(ara
The co#rt cannot loo& into the wisdo" of the acts of the le!islat#re(
Arroyo s! ,e &enecia
The co#rts "ay only loo& into the constit#tionality of the acts of officials, and not if these
acts confor" to the internal r#les of each branch of !overn"ent $<o4 r#les'(
CIR s! Santos
The Constit#tion conte")lates that the inferior co#rts sho#ld have ,#risdiction in cases
involvin! constit#tionality of any treaty or law, for it s)ea&s of a))ellate review of final
,#d!"ents of inferior co#rts in cases where s#ch constit#tionality ha))ens to be in iss#e(
.#t this a#thority does not etend to decidin! 9#estions, which )ertain to le!islative )olicy(
%arcia1Rueda s! Pascasio
5hile the 7"b#ds"an has the f#ll discretion to deter"ine whether or not a cri"inal case
sho#ld be filed, this Co#rt is not )recl#ded fro" reviewin! the 7"b#ds"an8s action when
there is an ab#se of discretion, in which case 4#le ?B of the 4#les of Co#rt "ay
ece)tionally be invo&ed )#rs#ant to Section 1, /rticle K111 of the 198> Constit#tion( 1n
this re!ard, +!rave ab#se of discretion+ has been defined as +where a )ower is eercised in
an arbitrary or des)otic "anner by reason of )assion or )ersonal hostility so )atent and
!ross as to a"o#nt to evasion of )ositive d#ty or virt#al ref#sal to )erfor" a d#ty en,oined
by, or in conte")lation of law(
,e)ensor1Santia(o s! %uin(ona
The )resent constit#tion now fortifies the a#thority of the co#rts to deter"ine in an
a))ro)riate action the validity of the acts of the )olitical de)art"ents( 1t s)ea&s of ,#dicial
)rero!ative in ter"s of d#ty2 E#dicial )ower incl#des the d#ty of the co#rts of ,#stice to
settle act#al controversies involvin! ri!hts which are le!ally de"andable and enforceable,
and to deter"ine whether or not there has been a :/I/L0E on the )art of any branch or
instr#"entality of the !overn"ent(
Tatad s! ,"E
E#dicial )ower incl#des not only the d#ty of the co#rts to settle act#al controversies
involvin! ri!hts which are le!ally de"andable and enforceable, b#t also the d#ty to
deter"ine whether or not there has been !rave ab#se of discretion a"o#ntin! to lac& or
ecess of ,#risdiction on the )art of any branch or instr#"entality of the !overn"ent( The
co#rts, as !#ardians of the Constit#tion, have the inherent a#thority to deter"ine whether a
stat#e enacted by the le!islat#re transcends the li"it i")osed by the f#nda"ental law(
5here a stat#te violates the Constit#tion, it is not only the ri!ht, b#t the d#ty of the
,#diciary to declare s#ch n#ll and void( The )etitioner is not assailin! the wisdo" of the
law, b#t its constit#tionality( Therefore, there is a ,#sticiable controversy(
Telebap s! Comelec
/ ,#sticiable controversy has arisen as :D/ alla!ed that said law violates its ri!hts a!ainst
de)rivation of )ro)erty witho#t ,#st co")ensation and that it has s#stained "illions of
)esos in da"a!es res#ltin! therefro"(
+iranda s! A(uirre
PThe ter" R)olitical 9#estionM connotes what it "eans in ordinary )arlance, na"ely, a
9#estion of )olicy( 1t refers Rto those 9#estions which #nder the Constit#tion are to be
decided by the )eo)le in their soverei!n ca)acity* or in re!ard to which f#ll discretionary
a#thority has been dele!ated to the le!islative or eec#tive branch of the !overn"ent(M 1t is
concerned with iss#es de)endent #)on the wisdo", not le!ality, of a )artic#lar "eas#re(Q
P/ )#rely ,#sticiable iss#e i")lies a !iven ri!ht, le!ally de"andable and enforceable, an
act or o"ission violative of s#ch ri!ht, and a re"edy !ranted and sanctioned by law, for
said breach of ri!ht(Q
Cutaran s! ,ENR
There is no ,#sticiable controversy beca#se the a))lications are still )endin!( <ence, there
is not !overn"ent act to s)ea& of and r#le #)on(
Estrada s! ,isierto
4eview of the inability of the )resident to )erfor" his d#ties and the decision of Con!ress
is no lon!er a )olitical 9#estion( Co#rts cannot e)and eec#tive i""#nity fro" s#it( The
198> Constit#tion has narrowed the reach of the )olitical 9#estion doctrine when it
e)anded the )ower of ,#dicial review of this co#rt not only to settle act#al controversies
involvin! ri!hts which are le!ally de"andable and enforceable b#t also to deter"ine
whether or not there has been a !rave ab#se of discretion a"o#ntin! to lac& or ecess of
,#risdiction on the )art of any branch or instr#"entality of !overn"ent( The ,#diciary has
foc#sed on the Ptho# shall notMsQ of the Constit#tion(
Ca:alin( s! Comelec
/ )olitical 9#estion is one in which the wisdo", e)ediency or ,#stice of the le!islative
enact"ent is bein! 9#estioned( The co#rts cannot r#le on the wisdo" of the laws(
+ontesclaros s! Comelec
/ )ro)osed bill cannot be the s#b,ect of ,#dicial review beca#se it is not a law( E#dicial
review "ay only be eercised after a laws has been )assed, not before it(
'ohn >ay s! Lim
The co#rts retain f#ll discretionary )ower to ta&e co!ni-ance of the )etition filed directly to
it if co")ellin! reasons or the nat#re and i")ortance of the #ses raised, warrant(
4e"andin! the case to the lower co#rts wo#ld #nd#ly )rolon! the case(
&elarde s! S'S
4e9#ire"ents for declaratory relief so#!ht by res)ondents are2 1' ,#sticiable controversy,
2'controversy is between )eo)le whose interests are adverse, A' )arty see&in! relief has a
le!al interest in the controversy and 3' the iss#e is ri)e for ,#dicial deter"ination(
/ ,#sticiable controversy refers to an eistin! case or controversy that is a))ro)riate or ri)e
for ,#dicial deter"ination, not one which is "erely one of con,ect#re or "erely
antici)atory( This )etition failed to alle!e an esitn! controversy or dis)#te between the
)etitioner and the na"ed res)ondents(
Pan(aniban s! Shell
The co#rt cannot r#le of Pfeared hy)othetical ab#seQ2 not an act#al case or controversy(
There is not ca#se of action( No in,#ry or encroach"ent of ri!ht le!ally enforceable or
de"andable(
S+ART s! NTC
The co#rt has ,#risdiction over ad"inistrative iss#ances of a!encies, which were iss#ed in
the eercise of their 9#asi%le!islative, and not 9#asi%,#dicial f#nction(
Buac s! Comelec
4eco#nt of )lebiscite ballots is ecl#sively within the real" of the Co"elec2 not to be
interfered with by the co#rts(
In)ormation Technolo(y s! Comelec
The co#rt does not !ive advisory o)inions( 1t can nly r#le on act#al cases or controversies,
involvin! ri!hts which are le!ally de"andable and enforceable(
+acasiano s! N>A
4e9#isites for declaratory relief2
1' There "#st be a ,#sticiable controversy*
2' The controversy "#st be between )ersons whose interests are adverse* and
A' The )arty see&in! declaratory relief "#st have a le!al interest in the controversy(
Tano s! Socrates
Co#rt will not entertain direct resort #nless redress desired cannot be obtained in
a))ro)riate co#rt and when there is ece)tional circ#"stance to ,#stify avail"ent of
re"edy(
Section 5: Po:er o) Le(islature to Apportion 'urisdiction
+antruste s! CA
The co#rt is )rohibited by law to interfere with, or bloc&, a decision of an eec#tive
a!ency(
+ala(a &s! Penachos
Co#rts are not barred fro" iss#in! restrainin! orders a!ainst !overn"ent entities, if the
re9#ire"ents and )roced#res set by law are followed(
Section 3: #iscal Autonomy
In Re Clari)yin( and Stren(thenin(G!
The a#thority of the I.D to PreviewQ the )lantilla and co")ensation of co#rt )ersonnel
etends only to Pcallin! the attention of the Co#rtQ on what it "ay )erceive as erroneo#s
a))lication of b#d!etary laws and r#les on )osition classification(
Section D: Compositions and Sessions
#ortrich s! Corona
it is clear that only cases are referred to the Co#rt en banc for decision whenever the
re9#ired n#"ber of votes is not obtained( Conversely, the r#le does not a))ly where, as in
this case, the re9#ired three votes is not obtained in the resol#tion of a "otion for
reconsideration( <ence, the second sentence of the afore9#oted )rovision s)ea&s only of
PcaseQ and not P"atterQ( The reason is si")le( The above%9#oted /rticle K111, Section
3$A' )ertains to the dis)osition of cases by a division( 1f there is a tie in the votin!, there is
no decision( The only way to dis)ose of the case then is to refer it to the Co#rt en banc(
7n the other hand, if a case has already been decided by the division and the losin! )arty
files a "otion for reconsideration, the fail#re of the division to resolve the "otion beca#se
of a tie in the votin! does not leave the case #ndecided( There is still the decision which
"#st stand in view of the fail#re of the "e"bers of the division to "#ster the necessary
vote for its reconsideration( W#ite )lainly, if the votin! res#lts in a tie, the "otion for
reconsideration is lost( The assailed decision is not reconsidered and "#st therefore be
dee"ed affir"ed(
People s! ,y
The divisions of the S#)re"e Co#rt are not different and distinct fro" the act#al trib#nal( 1t
can be said that the decisions )ro"#l!ated by each division are act#ally decisions of the
S#)re"e Co#rt en banc(
Section 4: Po:ers o) the Supreme Court
PAC$ s! Sec! o) Education
.efore a case can be filed with the S#)re"e Co#rt, the )etitioners "#st first eha#st all
available ad"inistrative re"edies, and it is enc#"bent #)on the" to )rove that their ri!hts
have been violated(
Tan s! +acapa(al
Solicitor %eneral s! ++,A
The co#rt "ay s#s)end )roced#ral r#les to !ive way for s#bstantive ,#stice( The re9#isite
of havin! an act#al case or controversy ri)e for ad,#dication $in invo&in! the co#rtMs )ower
of ,#dicial review' "ay be waived by the co#rt in cases of transcendental i")ortance(
+ilitante s! CA
Pimentel s! >RET
/ll re"edies "#st first be eha#st before see&in! reco#rse to the co#rts2 if the iss#e
involves the r#les of the <o4 re!ardin! the co")osition of <40T and the C/, then the
)ro)er reco#rse is thro#!h the <o4, and not the co#rts(
%on*ales s! +acarai(
De"bers of con!ress have the re9#isite standin! to raise constit#tional iss#es(
'a:ors8i s! PA%C"R
De"bers of Con!ress have standin! to file s#its assailin! the le!ality of acts of other
branches of !overn"ent, or instr#"entalities thereof(
Proince o) Batan(as s! Romulo
The cr#cial le!al iss#e s#b"itted for resol#tion of this Co#rt entails the )ro)er le!al
inter)retation of constit#tional and stat#tory )rovisions( Doreover, the Ptranscendental
i")ortanceQ of the case, as it necessarily involves the a))lication of the constit#tional
)rinci)le on local a#tono"y, cannot be !ainsaid( The nat#re of the )resent controversy,
therefore, warrants the relaation by this Co#rt of )roced#ral r#les in order to resolve the
case forthwith(
,isoman(cop s! ,atumanon(
C>R1employees s! C>R
Pimentel s! E0ec! Sec!
In)o! Tech! #oundation s! Comelec
&elarde s! S'S
,omin(o s! Cara(ue
Republic s! Nolasco
Le(aspi s! CSC
PASEI s! Torres
'oya s! PC%%
Tatad s! %arcia
Board o) "ptometry s! Colet
7nly nat#ral and ,#ridical )ersons or entities a#thori-ed by law "ay be )arties in a civil
action, and every action "#st be )rosec#ted or defended in the na"e of the real )arty in
interest( Under /rticle 33 of the Civil Code, an association is considered a ,#ridical )erson
if the law !rants it a )ersonality se)arate and distinct fro" that of its "e"bers( / real )arty
in interest #nder Section 2 4#le A of the 4#les of Co#rt is a )arty who stands to be
benefited or in,#red by the ,#d!"ent on the s#it, or the )arty entity led to the avails of the
s#it( Since 76/6, C7/, /CD7, and SD7/6 were not shown to be ,#ridical entities, they
cannot be dee"ed real )arties in interest(
Anti1%ra)t Lea(ue o) the Philippines
Telecom s! Comelec
Cru* s! Sec! o) ,ENR
6etitioners, as citi-ens, )ossess the P)#blic ri!htQ to ens#re that the national )atri"ony is
not alienated and di"inished in violation of the Constit#tion( Since the !overn"ent, as the
!#ardian of the national )atri"ony, holds it for the benefit of all =ili)inos witho#t
distinction as to ethnicity, it follows that a citi-en has s#fficient interest to "aintain a s#it
to ens#re that any !rant of concessions coverin! the national econo"y and )atri"ony
strictly co")lies with constit#tional re9#ire"ents( Th#s, the )reservation of the inte!rity
and inviolability of the national )atri"ony is a )ro)er s#b,ect of a citi-enMs s#it(
1n addition, )etitioners, as ta)ayers, )ossess the ri!ht to restrain officials fro" wastin!
)#blic f#nds thro#!h the enforce"ent of an #nconstit#tional stat#te( 1t is well%settled that a
ta)ayer has the ri!ht to en,oin )#blic officials fro" wastin! )#blic f#nds thro#!h the
i")le"entation of an #nconstit#tional stat#te, and by necessity, he "ay assail the validity
of a stat#te a))ro)riatin! )#blic f#nds( The ta)ayer has )aid his taes and contrib#ted to
the )#blic coffers and, th#s, "ay in9#ire into the "anner by which the )roceeds of his taes
are s)ent( The e)endit#re by an official of the State for the )#r)ose of ad"inisterin! an
invalid law constit#tes a "isa))lication of s#ch f#nds(
Lo*ano s! +acapa(al1Arroyo
Lim s! E0ec! Sec!
Tho#!h bein! lawyers does not !rant these )etitioners standin! beca#se of lac& of
s#fficient interest $1.6 v ;/D74/' and there was no eercise of Con!ressM s)endin!
)owers to warrant a ta)ayerMs s#it, this iss#e is one of transcendental i")ortance $to the
)#blic', where the SC can rela the standin! re9#ire"ents and allow the s#it to )ros)er(
Chae* s! PEA
The )etitioner has loc#s standi beca#se of his invocation of his ri!ht to infor"ation and to
the e9#itable diff#sion of nat#ral reso#rces is a "atter of transcendental )#blic i")ortance(
=#rther"ore, since 60/ did not cond#ct )#blic biddin!, there was no infor"ation released
to the )#blic re!ardin! the details of its dis)osition of )ro)erty( <ence, any citi-en can
de"and fro" 60/ this infor"ation at any ti"e d#rin! the biddin! )rocess, b#t only #)on
the co""itteeMs official reco""endation $beca#se the ri!ht to info only attaches #)on that
"o"ent'(
Tolentino s! Comelec
7rdinarily, the )etition will be dis"issed beca#se first, the )etitioners only assert a har"
which is a !enerali-ed and not a )artic#lar interest( Second, there was no alle!ation that
ta)ayerMs "oney was "is#sed by the C7D0L0C in violation of s)ecific constit#tional
)rotections( <owever, beca#se of the nat#re of the iss#es as bein! i"b#ed with )#blic
interest $ri!ht of s#ffra!e' and one which will "ost li&ely arise a!ain, the )etitioners are
!ranted standin! to file(
A(an s! PIATC"
The )etitioners are e")loyees of service )roviders c#rrently o)eratin! at the D1// and
service )roviders who have contracts with D1//( They will s#rely s#stain direct in,#ry
#)on the i")le"entation of the 61/TC7 contracts beca#se they will be dis)laced by new
e")loyeesGservice )roviders th#s losin! their "eans of livelihood( =#rther"ore, the iss#es
)osed in the cases re9#ired a disc#ssion of the .7T Law and its constit#tionality(
Tichan(co s! Enri2ue*
1nterest "eans a "aterial interest in iss#e that is affected by the 9#estioned act or
instr#"ent, as distin!#ished fro" a "ere incidental interest( 1t cannot be va!#e, s)ec#lative
or #ncertain(
AI7A s! Romulo
6etitioners "#st show that they have s#stained or will s#stain a direct in,#ry as a res#lt of
the eec#tive or le!islative act bein! 9#estioned( 1n the absence of s#ch showin! the case
will not )ros)er(
Pimentel s! E0ec! Sec
The 4o"e Stat#te is "erely intended to co")le"ent national cri"inal laws and co#rts(
S#fficient re"edies are available #nder o#r national laws to )rotect o#r citi-ens a!ainst
h#"an ri!hts violations(
Senate s! Ermita
The interest of the )etitioner in assailin! the constit#tionality of laws "#st be direct and
)ersonal( 5hen the )roceedin! involves the assertion of a )#blic ri!ht, the "ere fact that he
is a citi-en satisfies the re9#ire"ent of )ersonal interest(
Puro8 s! 9uipico
The !eneral r#le is that all actions "#st be )rosec#ted and defended by the real )arties in
interest and in the na"e of the real )arty in interest( /n association has the le!al )ersonality
to re)resent its "e"bers and the o#tco"e case will affect their vital interest( /dditionally,
an association has standin! to file s#it for its "e"bers des)ite its lac& of direct interest if
its "e"bers are affected by the action(
,aid s! Arroyo
>oly Spirit s! ,e)ensor
The )etitioner association has le!al standin! to file the )etition 57N it is the d#ly
reco!ni-ed association of ho"eowners in the N:C( There is no dis)#te that the individ#al
"e"bers of the <S6S/1 are residents of the N:C( They are covered and stand to be
benefited or in,#red by the enforce"ent of the 144 $)artic#larly as re!ards the selection
)rocess of beneficiaries and lot allocation to 9#alified beneficiaries'( Th#s, the )etitioner
"ay assail the 144 if it believes it to be #nfavorable to the ri!hts of its "e"bers(
=#rther"ore, the )etitioners have s#stained in,#ry beca#se of the enforce"ent of the 144
beca#se they were dis9#alified and eli"inated fro" the selection )rocess $of bein!
considered as bona fide residents',
>enares s! LT#RB
The )etitioners have standin! to brin! this iss#e to co#rt( This )etition foc#ses on their
f#nda"ental le!al ri!ht to clean air( This ri!ht is an iss#e of )ara"o#nt i")ortance for it
concerns the air they breathe and it is i"b#ed with )#blic interest( The conse9#ences of the
co#nter)rod#ctive effects of a ne!lected environ"ent d#e to "otor vehicle e"issions affect
the well%bein! of everyone(
#rancisco s! #ernando
=rancisco has no standin! beca#se he did not show that he has )ersonally s#ffered so"e
in,#ry fro" the alle!ed ille!al cond#ct of the !overn"ent( <e also did not show that he had
a s#fficient interest in )reventin! the ille!al e)endit#re of ta "oney( There is also no
transcendental i")ortance beca#se he did not show a clear disre!ard of a constiGstat#tory
)rohibition( 7n the lac& of le!al basis, all other cities have each enacted anti%,aywal&in!
ordinances( S#ch fact serves as s#fficient basis for DDI/Ms sche"e( /fter all, the DDI/
is an ad"in a!ency tas&ed with the i")le"entation of r#les and re!#lations( =#rther"ore,
the absence of an anti%,aywal&in! ordinance in Kalen-#ela does not detract fro" this
concl#sion beca#se there was no )roof that the DDI/ i")le"ented the sche"e in that
city(
People s! &era
1t has been held that since the decree )rono#nced by a co#rt witho#t ,#risdiction is void,
where the ,#risdiction of the co#rt de)ends on the validity of the stat#e in 9#estion, the
iss#e of the constit#tionality will be considered on its bein! bro#!ht to the attention of the
co#rt by )ersons interested in the effect to be !iven the stat#te( /lso, it is tr#e that as a
!eneral r#le, the 9#estion of constit#tionality "#st be raised at the earliest o))ort#nity(
There are ece)tions( Co#rts, in the eercise of so#nd discretion, "ay deter"ine the ti"e
when a 9#estion affectin! the constit#tionality of a stat#te sho#ld be )resented( 1n civil
cases, it has been held that it is the d#ty of the co#rt to )ass on the constit#tional 9#estions,
even if it was raised for the first ti"e on a))eal 1= it a))ears that a deter"ination of the
9#estion is necessary to a decision of the case( /s to the )ower of the co#rt to consider the
constit#tional 9#estion raised for the first ti"e in these )roceedin!s, the SC is of the
o)inion is that the 6eo)le of the 6hili))ines and the =iscal of the City of Danila is a )ro)er
)arty in these )roceedin!s( The r#le is that the )erson who i")#!ns the validity of a stat#te
"#st have a s#bstantial interest in the case( The enforce"ent of an invalid stat#te is
detri"ental to )#blic interest( Th#s, the state has standin! to s#e(
+irasol s! CA
The )resent case was instit#ted )ri"arily for acco#ntin! and s)ecific )erfor"ance( The C/
correctly r#led that 6N.Ms obli!ation to render an acco#ntin! is an iss#e which can be
deter"ined witho#t havin! to r#le on the validity of 6I B>9( 1t is not the lis "ota of the
case(
+atiba( s! Benipayo
The earliest o))ort#nity is to raise it in the )leadin!s before a co")etent co#rt that can
resolve the sa"e(
La Bu(al s! Ramos
The Pearliest o))ort#nityQ re9#ire"ent sho#ld not be ta&en to "ean that the 9#estion of
constit#tionality "#st be i""ediately raised after the eec#tion of the act co")lained of(
That the 9#estion of constit#tionality has not been raised before is not a valid reason for
ref#sin! to allow it to be raised later(
Arceta s! +an(roban(
The constit#tional 9#estion is not the lis "ota in the case( To ,#stify a lawMs n#llification,
there "#st be a clear breach of the Consti and not one which is s)ec#lative(
Estar.a s! Ranada
The law re9#ires that the 9#estion of constit#tionality be raised at the earliest o))ort#nity(
1n this case, 0stari,a raised the iss#e of constit#tionality in his D4 to the 7D.( Kerily, the
7D. has no ,#risdiction to entertain 9#estions on the constit#tionality of a law( Th#s,
when )etitioner raised the iss#e of constit#tionality before the C/, the constit#tional
9#estion was raised at the earliest o))ort#nity( =#rther"ore, this co#rt "ay deter"ine when
a constit#tional iss#e "ay be )assed #)on(
Ba8er s! Carr
6olitical 9#estions are those 9#estions #nder the Constit#tion, are to be decided by the
)eo)le in their soverei!n ca)acity, or in re!ard to which f#ll discretionary a#thority has
been dele!ated to the le!islativeGeec#tive branch of the !overn"ent( Cases which are
)olitical in nat#re as follows2
a( Tet#ally de"onstrable constit#tional co""it"ent of the iss#e to a coordinate
)olitical de)art"ent $iss#es of forei!n affairs and eec#tive war )owers,
)arlia"entary r#les and re!#lations'
b( / lac& of ,#dicially discoverable and "ana!eable standards for resolvin! the iss#e
c( 1")ossibility of decidin! witho#t an initial )olicy deter"ination of a &ind clearly
for non,#dicial discretion $51SI7D'
d( 6ossible infrin!e"ent of se)aration of )owers
e( /n #n#s#al need for #n9#estionin! adherence to a )olitical decision already
"adeZ
f( 6otentiality of e"barrass"ent fro" "any )rono#nce"ents by vario#s de)art"ents
on one 9#estion Z
Si!nificantly in the 6hili))ines, since the Constit#tion e")owers the SC to chec& for
:/IL0E of other branches, the 9#estion is not )olitical even if there is the )resence of e
and f(
"mena s! Pendatun
The resol#tion was #nani"o#sly a))roved by the Con!ress and s#ch a))roval a"o#nted to
the s#s)ension of Con!ress r#les, which can be done by #nani"o#s consent $therefore they
can ta&e #) "atters already dealt with'( 1n concl#sion, the co#rts "ay not interfere with
internal r#les and re!#lations of the Con!ress #nless Constit#tional ri!hts are violated(
Arroyo s! ,e &enecia
The wisdo" of ho#se r#les $)roced#re' cannot be ,#dicially deter"ined o#t of res)ect for
the se)aration of )owers(
,e)ensor1Santia(o s! %uin(ona
The Senate "ay deter"ine its r#les when it co"es to votin! for the "inority leader as it is
not constit#tionally )rovided for( 7nly the "anner of electin! the Senate 6resident and
<o#se S)ea&er is )rovided for in the Constit#tion( P0ach <o#se shall choose s#ch officers
as it "ay dee" necessaryQ(
IC+C s! Calle.a
The deter"ination of i""#nities accorded to international or!ani-ations has been held to
be a )olitical 9#estion concl#sive #)on the co#rts in order not to e"barrass a )olitical
de)art"ent of the :overn"ent( 1f a )lea of di)lo"atic i""#nity is reco!ni-ed by the
eec#tive, it is the d#ty of the co#rts to acce)t the sa"e( These or!ani-ations are !ranted
i""#nities to )revent control or interference fro" the local host !overn"ent $#ni")eded
)erfor"ance'(
Tanada s! An(ara
5here an action of the le!islative branch is alle!ed to have infrin!ed the Constit#tion, it
beco"es the ,#diciaryMs d#ty to settle the dis)#te( The Constit#tion "#st be #)held( The SC
stresses, tho#!h, that the Co#rt will not review the wisdo" $reasons why' the Senate
conc#rred in the 5T7 a!ree"ent or )ass #)on the "erits of trade liberali-ation as a )olicy
es)o#sed by the 5T7( 1t will also not r#le on the )ro)riety of the !overn"entMs )olicy of
re"ovin! taes, s#bsidies and other i")ort barriers( 1t will only chec& if Senate co""itted
:/IL0EGviolated the Constit#tion in ratifyin! the 5T7 a!ree"ent(
%arcia s! Corona
The co#rt is bo#nd to res)ect the le!islative findin! that dere!#lation is the )olicy answer
to the )roble" of hi!h oil )rices(
Lian( s! People
Slanderin! a )erson co#ld not be covered by the i""#nity a!ree"ent beca#se o#r laws do
not allow the co""ission of a cri"e $defa"ation' in the na"e of an official d#ty( The
i")#tation of theft cannot be )art of official f#nctions( Under the Kienna Convention on
Ii)lo"atic 4elations, a di)lo"atic a!ent, en,oys i""#nity fro" cri" ,#risdiction of the
receivin! state ece)t in the case of an action relatin! to any co""ercialG)rofessional
activity eercised by the a!ent in the receivin! state o#tside his official f#nctions(
,e A(bayani s! PNB
This is "erely to reflect awareness that )recisely beca#se the ,#diciary is the !overn"ental
or!an which has the final say on whether or not a le!islative or eec#tive "eas#re is valid,
a )eriod of ti"e "ay have ela)sed before it can eercise the )ower of ,#dicial review that
"ay lead to a declaration of n#llity( 1t wo#ld be to de)rive the law of its 9#ality of fairness
and ,#stice then, if there be no reco!nition of what had trans)ired )rior to s#ch
ad,#dication( The act#al eistence of a stat#te, )rior to s#ch a deter"ination [of
#nconstit#tionality], is an o)erative fact and "ay have conse9#ences which cannot ,#stly
be i!nored( The )ast cannot always be erased by a new ,#dicial declaration(
Chae* s! People
1t is only in cases where the )enalty is death that the 4TC "#st forward the records of the
case to the SC for a#to"atic review( Since the )etitioners did not file an a))eal, the
decision of their conviction and sentence to 46 is final and #na))ealable(
Pearson s! IAC
The SC has C7NCU440NT ,#risdiction with the 1/C $now C/' and C=1 $now 4TC' to
iss#e etraordinary writs( 6arties sho#ld see& )ro)er relief fro" lower co#rts before !oin!
to the SC( 1f the C/ or 4TC can co")etently iss#e etraordinary writs, the )rinci)le of
hierarchy of co#rts "#st be )reserved(
People s! +ateo
To ens#re #t"ost ins)ection before the )enalty of death, 46 or L1 is i")osed, the Co#rt
now dee"s it wise to )rovide in these cases a review by the C/ before the case is elevated
to the SC( The need for an inter"ediate review by the C/ is "erely a )roced#ral "atter
that is Constit#tionally vested in the SC(
Cebu 7omenFs Club s! ,e La &ictoria
/ )arty "ay directly a))eal to the SC fro" a decision of the trial co#rt only on )#re
9#estions of law( The )etition does not involve )#re 9#estions of law beca#se a 9#estion of
law arises when the do#bt or difference arises as to what the law is on a certain set of facts
as distin!#ished fro" a 9#estion of fact which occ#rs when the do#bt or difference arises
as to the tr#th or falsehood of the facts(
People s! %utierre*
1t is within the )ower of the co#rts to deter"ine the "ost s#itable )lace of the trial( The
E#dicial 6ower vested in the SC and it connotes certain inherent attrib#tes necessary for an
effective ad"inistration of ,#stice( 7ne of these inherent )owers is that of the transfer of
trial of cases fro" one co#rt to another(
#irst Lepanto s! CA
4eview of .71 decisions H first to C/(
Lina s! Purisima
1f in any case elevated to this Co#rt for the correction of any s#))osed )roced#ral error of
any lower co#rt, it sho#ld be fo#nd that indeed there has been a "ista&e, and it f#rther
a))ears that all the facts needed for a co")lete deter"ination of the whole controversy are
already before the Co#rt, the SC "ay at its o)tion dis)ense with the #s#al )roced#re of
re"andin! and instead resolve the )ertinent iss#es and render final ,#d!"ents on the
"erits(
In Re: Cunanan
Con!ress "ay re)eal, alter and s#))le"ent the r#les )ro"#l!ated by the SC b#t the
a#thority and res)onsibility over the ad"ission of attorneys re"ain vested in the SC(
In Re: A(rosino
The )ractice of law is a )ersonal )rivile!e li"ited to citi-ens of !ood "oral character, with
s)ecial ed#cational 9#alifications, d#ly ascertained and certified(
'aellana s! ,IL%
These "erely )rescribe r#les of cond#ct for )#blic officials to avoid conflicts of interest
between the dischar!e of )#blic d#ties and the )rivate )ractice of law, and do not infrin!e
on the SCMs )ower and a#thority to )ro"#l!ate r#les re!ardin! the )ractice of law(
.#stos vs( L#cero
S#bstantive law is that )art of the law which creates, defines and re!#lates ri!hts as
o))osed to re"edial law, which )rescribes the "ethod of enforcin! ri!htsGobtain redress
for invasion( /s a))lied to cri"inal law, s#bstantive law is that which declares what acts
are cri"es and )rescribes the )#nish"ent for co""ittin! the", as distin!#ished fro"
)roced#ral law which )rovides or re!#lates the ste)s by which one who co""its a cri"e is
to be )#nished( 6reli"inary investi!ation is e"inently re"edial $bein! the first ste) ta&en
in a cri"inal )rosec#tion'( The c#rtail"ent of the ri!ht of an acc#sed in a )reli"
investi!ation to cross ea"ine the witnesses who had !iven evidence for his arrest does not
offend the Constit#tion( 6reli" investi!ation is not an essential )art of d#e )rocess $it "ay
s#))ressed entirely'( =inally,nit is inevitable that the SC in "a&in! r#les sho#ld ste) on
s#bstantive ri!hts, and the Constit#tion "#st be )res#"ed to tolerate if not e)ect s#ch
inc#rsion as does not affect the acc#sed in a harsh and arbitrary "anner b#t o)erates only
in a li"ited and s#bstantial "anner to his disadvanta!e( 1t has the )ower to ado)t a !eneral
and co")lete syste" of )roced#re(
Santero s! C#I o) Caite
/ s#bstantive law, !ives the s#rvivin! s)o#se and to the children the ri!ht to receive
s#))ort d#rin! li9#idation, s#ch ri!ht cannot be i")aired by the 4#les of Co#rt, which is a
)roced#ral r#le(
PNB s! Asuncion
/ )roced#ral r#le cannot a"end a s#bstantive law(
,amasco s! La2ui
6hili))ine ,#ris)r#dence considers )rescri)tion of a cri"e or offense a loss or waiver by the
State of its ri!ht to )rosec#te an act )rohibitedG)#nished by law( 5hile it is the r#le that an
acc#sed who fails to "ove to 9#ash before )leadin!, is dee"ed to waive all ob,ections, yet
this r#le cannot a))ly to the defense of )rescri)tion, which #nder /rt ?9 of the 46C
etin!#ishes cri"inal liability(
Carpio s! Sulu Resources
5hen the SC, in its eercise of its r#le%"a&in! )ower, transfers to the C/ )endin! cases
involvin! a review of a 9#asi%,#dicial bodyMs decisions [D/.Ms], s#ch transfer only relates
to )roced#re and it does not i")air s#bstantive ri!hts beca#se the a!!rieved )artyMs ri!ht to
a))eal is )reserved and what is chan!ed is only the )roced#re by which the a))eal is to be
"ade or decided(
Land Ban8 s! ,e Leon
/ )etition for review, not an ordinary a))eal, is the )ro)er )roced#re in effectin! a))eal
fro" decisions of S)ecial /!rarian Co#rts in cases involvin! the deter"ination of ,#st
co")ensation to the landowners concerned(
People s! Lacson
1f a cri"inal case is )rovisionally dis"issed witho#t e)ress consent, the new r#le wo#ld
not a))ly( 1n this case, the 11 infor"ations in cri"inal cases were filed with the 4TC which
was well within the two year )eriod therefore the D4 is !ranted and the 4TC is directed to
)roceed with the cri"inal cases(
Planters s! #ertiphil
4etroactive a))lication is only allowed if no vested ri!hts are i")aired( 1n the case, at the
ti"e 661 filed its a))eal in 1992, all that the r#les re9#ire for the )erfection of its a))eal
was the filin! of a notice of a))eal( 661 co")lied with this re9#ire"ent when it filed a
notice of a))eal( Th#s, the 199> 4#les of Civ6ro which too& effect on 199> and re9#ired
doc&et fees cannot affect 661Ms a))eal which was already )erfected in 1992(
In Re: 5EE3 Bar E0aminations
Iisbar"ent d#e to violation of 4#le 1(@1 of Canon 1 as well as Canon > of the Code of
6rofessional 4es)onsibility $a lawyer shall not en!a!e in #nlawf#l, dishonest and i""oral
cond#ctG#)hold the inte!rity and di!nity of the le!al )rofession'(
Tan s! Bausch
SC has a#thority to transfer ,#risdiction thro#!h /d"inistrative 7rder(
Tan s! Comelec
4eview of r#les of 9#asi%,#dicial bodies(
Article IH: Constitutional Commissions
%ivil Service %omelec %ommission on A#it
%om&osition 8 c,airman an- 9
commissioners
8 c,airman an- :
commissioners
8 c,airman an- 9
commisisioners
"#ali!ications "at#ral-)orn$ ;< . yrs
ol-$ capacity for p#)lic
a-.5 not can-i-ate for
elcti+e position in
elctions imme-iately
prece-ing appt
"at#ral-)orn$ ;<. yrs
ol-$ college gra-.5 not
can-i-ate for elcti+e
position in elctions
imme-iately prece-ing
appt5 ma*. 3ncl#-ing
c,airman s,o#l- )e
mem)er of )ar$ . 8= yr
practice
"at#ral-)orn$ ;< . yrs
ol-$ CP> (8= yrs
a#-iting e0perience)$ or
mem)ers of t,e )ar(8=
yrs la! practice)5 not
can-i-ate for elcti+e
position in elctions
imme-iately prece-ing
appt.
-erm ? yrs !/o#t
reappointment
(staggere-)
? yrs !/o#t
reappointment
(staggere-)
? yrs !/o#t
reappointment
(staggere-)
A&&ointment Presi-ent !/ C>
appro+al
Presi-ent !/ C>
appro+al
Presi-ent !/ C>
appro+al
.#risiction Branc,es$ s#)-i+isions$
instr#mentalities an-
agencies of t,e go+@t
incl#-ing 7(CCs !it,
original c,arters
/lectoral process 7o+ernment$ any
s#)-i+ision$ agency or
instr#mentality$
incl#-ing 7(CCs !/
original c,arters post-
a#-it4 consti )o-ies$
a#tonomo#s state #ni+.
an- colleges$ ot,er
7(CCs$ "7(s !/ go+@t
s#)si-y or e%#ity
Po/ers Central personnel
agency of t,e go+@t
3ns#re free$ or-erly an-
,onest elections
/0amine$ a#-it an-
settle all acco#nts
pertaining to t,e
re+en#e an- receipts of$
an- e0pen-it#res or #ses
of f#n-s an- property
o!ne- an- ,el- in tr#st
)y$ or pertaining to t,e
go+@t
Article H: Local %oernment
Territorial and Political subdiisions:
1' )rovinces, cities, "#nici)alities and baran!ays
2' /#tono"o#s re!ions $only /4DD so far'
6ower of )resident over L:U2 !eneral s#)ervision
Article HI: Accountability o) Public "))icers
Public o))ice: )#blic tr#st
1")each"ent2 6resident, K6, "e"bers of SC, "e"bers of Constit#tional Co""issions,
and 7"b#ds"an
Reasons2 c#l)able violation of the Consti, treason, bribery, !raft and corr#)tion, other hi!h
cri"es, or betrayal of )#blic tr#st(
>oR: ecl#sive )ower to initiate all cases of i")each"ent
5ho "ay file2 any "e"ber of <o4, or any citi-en #)on resol#tion of endorse"ent by any
"e"ber of <o4
&ote: at least 1GA of all the "e"bers of <o4(
Article HII: National Economy and Patrimony
Article H&II: Amendments or Reisions
Con(ress Constitutional
Conention
The People >o:I
Amenment Aes yes "o Congress4 +ote of
B of all mem)ers5
consti.con+ention
Revision yes yes yes 3nitiati+e4 petition
of at least 89C of
all registere-
+oters$ e+ery legis.
-istrict
represente- )y at
least ;C of
registere- +oters
t,erein
Amendment1 alteration of one or a few s)ecific and se)arable )rovisions(* i")rove
s)ecific )arts or to add new )rovisions dee"ed necessary to "eet new conditions or to
s#))ress s)ecific )ortions that "ay have beco"e obsolete or that are ,#d!ed to be
dan!ero#s(
Reision < re%ea"ination of the whole doc#"ent, or of )rovisions of the doc#"ent which
have over%all i")lications for the entire doc#"ent, to deter"ine ho and to what etent they
sho#ld be altered* "ay involve a re%writin! of the whole Constit#tion(
0( 6residential syste" to )arlia"entary H revision* chan!e of ter" of )resident H
a"end"ent
No amendment shall be authori*ed o)tener than once eery 4 years!
Con(ress to proide )or the implementation o) ri(ht to initiatie
Con(ress by a ote o) 5J3 o) all its members6 may call a constitutional
conention
By a ote o) a ma.ority o) all its members6 it may submit to the electorate the
2uestion o) callin( a conention!
Proposed amendments or reision: submitted all at once )or one election by
the people!
&alid amendment or reision2 ratified by "a,ority of the votes cast in a )lebiscite to be
held not earlier than ?@ days not later than 9@ days after the a))roval of s#ch a"end"ent or
revision(
Article H&III: Transitory Proisions
1@=? Constitution < too& effect on =eb( 2, 198> $#)on ratification by the )eo)le'
6C:: H contin#ed to o)erate(
+ilitary Bases: only allowed based on followin! re9#isites2
1' a treaty is entered into
2' d#ly conc#rred in by the Senate, and when Con!ress re9#ires, ratified by a
"a,ority of the votes cast by the )eo)le in a national referend#" for that )#r)ose
A' the treaty is reco!ni-ed as s#ch by the other contractin! State(
'ili&ino %iti0ens 'ili&ino
%or&orations
'oreign
%or&oration
Agric#lt#ral
,ans
1/n/lease (!n/lease ease
2 o! years i!
lease
9< years
2 o! hectares <== ,ectares )y
lease5 89 ,ectares
if o!ne-
8=== ,ectares
1ther $at.
reso#rces
'orm o!
*)&loitation
Co-pro-#ction$
*oint +ent#re or
pro-#ction s,aring
agreement
(license$
concession/lease)
Co-pro-#ction$
*oint +ent#re or
pro-#ction s,aring
agreement
(license$
concession/lease)
Dec,nical/financial
assistance (large-
scale)
Einerals$
petrole#m$ an- ot,er
mineral oils
2 o! years 9< years
(rene!a)le for
a--t@l 9<)
9< years
(rene!a)le for
a--t@l 9<)
-rans!er o!
Private lan
Aes Aes "o (if foreign
in-i+i-#al4 only in
cases of ,ere-itary
s#ccession)
'ranchise Aes Aes (:=C 1ilipino5
F=C foreign)
"o