POLITICAL AND INTERNATIONAL LAW

Constitution of Government enumerates the powers of

government and outlines its organization.

THE PHILIPPINE CONSTITUTION

A. CONSTITUTION: DEFINITION, NATURE AND
CONCEPTS.
The constitution is a body of rules and maxims in
accordance with which the powers of sovereignty are
habitually exercised. With particular reference to the
Constitution of the Republic of the Philippines, it is a
written instrument enacted by the direct action of the
people by which the fundamental powers of the
government are established, limited and defined, and by
which those powers are distributed among the several
departments for their safe and useful exercise, for the
benefit of the body politic.

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The Philippine Constitution is written, conventional and

rigid.
It is written as its precepts are embodied in one document
or set of documents;
It is conventional because it is an enacted constitution
formally struck off at a definite time and place following
a conscious effort taken by a constituent body;
It is rigid because it can only be amended by a formal and
difficult process.

Constitution of Sovereignty contains the provisions on

how changes in the Constitution may be made.
Amendment broadly refers to a change that adds, reduces,
deletes, without altering the basic principle involved, and
generally affects only the specific provision being
amended. On the other hand, revision broadly implies a
change that alters a basic principle in the Constitution or
the substantial entirety of the Constitution, and generally
affects several provisions of the Constitution.
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2.

3.
The 1987 Constitution took effect on February 2, 1987, the
date of its ratification and plebiscite, which was held on
that same date and not on the date its ratification was
proclaimed.
B. PARTS
The 1987 Constitution is composed of 18 articles. These
are as follows:
1. Preamble
2. Article 1 National Territory
3. Article 2 Declaration of Principles and State Policies
4. Article 3 Bill of Rights
5. Article 4 Citizenship
6. Article 5 Suffrage
7. Article 6 Legislative Department
8. Article 7 Executive Department
9. Article 8 Judicial Department
10. Article 9 Constitutional Commissions
11. Article 10 Local Government
12. Article 11 Accountability of Public Officers
13. Article 12 National Economy and Patrimony
14. Article 13 Social Justice and Human Rights
15. Article 14 Education, Science and Technology, Arts,
Culture and Sports
16. Article 15 The Family
17. Article 16 General Provisions
18. Article 17 Amendments or Revisions
19. Article 18 Transitory Provisions
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2.
3.

The essential parts of a good written constitution are:

Constitution of liberty;
Constitution of government; and
Constitution of sovereignty.
Constitution of Liberty contains the fundamental civil and
political rights of the citizens as well as the limitations on
the powers of the government to secure the enjoyment of
the rights of the citizens.

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2.

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The amendatory or revision process involves:

Proposal; and
Ratification.
Proposal may be made by:
The Congress acting as a Constituent Assembly by a vote
of of all its members voting separately;
The Constitutional Convention called either by 2/3 of all
the members of the Congress or by majority of all the
members of the Congress, with the question of whether to
call for a constitutional convention to be resolved by the
people in a plebiscite; or
Peoples initiative through a petition of at least 12% of the
total number of voters, of which every legislative district
must be represented by at least 3% of the registered voters
therein.
Note: This mode may not be used within 5 years following
the ratification of the 1987 Constitution, nor oftener than
once every 5 years thereafter.
Ratification may be made by proposed amendment(s)
submitted to the people and shall be deemed ratified by the
majority of the votes cast in a plebiscite, held not earlier
than 60 days nor later than 90 days;
After approval of the proposal by Congress or
Constitutional Convention; or
After certification by the COMELEC of sufficiency of
petition of the people.
The modes of revision are:
By the Congress, upon a vote of of all its members; or
By a Constitutional Convention.
Peoples Initiative is not a mode of revision.

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2.

The two-part test must be satisfied by a peoples initiative,

which are:
Quantitative test It asks whether the proposed change is
so extensive in its provisions as to change directly the
substantial entirety of the constitution by the deletion or
alteration of numerous existing provisions. The court
examines only the number of provisions affected and does
not consider the degree of the change; and
Qualitative test It inquires into the qualitative effects of
the proposed change in the constitution. The main inquiry
is whether the change will accomplish such far reaching
changes in the nature of our basic governmental plan as to
amount to a revision. Whether there is an alteration in the
structure of the government is a proper subject of inquiry.

C. SELF EXECUTING AND NON-SELF-EXECUTING

PROVISION

Self-executing provisions are immediately effective

without the need of legislation; those which the nature and
extent of the right conferred and the liability imposed are
fixed by the Constitution itself.

The state may not be sued without its consent. The

rationale behind this is that there can be no legal right
against the authority which makes the law on which the
right depends.

Non-self-executing provisions lay down a general

principle, and merely indicate the principles without laying
down rules giving them the force of law. The disregard of
such provisions does not give rise to any cause of action
before the courts.

Immunity is enjoyed by other States, consonant with the

public international law principle par in parem non habet
imperium. The head of State, who is deemed the
personification of the State, is inviolable, and thus enjoys
immunity from suit.

The ownership and management of mass media shall be

limited to citizens of the Philippines, or to corporations,
cooperatives or associations, wholly-owned and managed
by such citizens.

If the enforcement of the decision rendered against the

public officer or agency impleaded will require an
affirmative act from State, then, it is a suit against the State.
Note: A suit is against the state, regardless of who is named
as defendant, if it produces adverse consequences on the
public treasury, whether in the disbursement of funds or
loss of property, the public official proceeded against not
being liable in his personal capacity.

Only Filipino citizens or corporations or associations at

least seventy per centum(70%) of the capital of which is
owned by such citizens shall be allowed to engage in the
advertising industry.
II. GENERAL CONSIDERATIONS
A. NATIONAL TERRITORY
The national territory of the Philippines includes the
following:
1. The Philippine archipelago, with all the islands and waters
embraced therein;
2. All other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains;
3. Its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas; and
4. The waters around, between, and connecting the islands of
the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.
Archipelagic Doctrine
Under this doctrine, the Philippine archipelago is
considered as one integrated unit instead of being divided
into more than 7,000 islands. It is the integration of a group
of islands to the sea and their oneness so that together they
can constitute one unit, one country, and one state. An
imaginary single baseline is drawn around the islands by
joing appropriate points of the outermost islands of the
archipelago with straight lines and all islands and waters
enclosed within the baseline form part of the territory. Its
main purpose is to protect the territorial interests of an
archipelago.

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There are two methods in determining the territorial sea.

These are:
Normal baseline method- Under the normal baseline
method, the territorial sea is imply drawn from the lowwater mark of the coast, to the breadth claimed, following
its sinuosities and curvatures but excluding the internal
waters in bays and gulfs; or
Straight baseline method- Under the straight baseline
method, straight lines are made to connect appropriate
points on the coast without departing radically from its
general direction. This method may be employed in
localities where the coastline is deeply indented or if there
is a fringe of islands along the coast in the immediate
vicinity.

B. STATE IMMUNITY

The State may, if it so desires, divest itself of its sovereign

immunity and thereby voluntarily open itself to suit. In
fine, the state may be sued if it gives its consent. The
consent of the State to be sued may be given either (a)
expressly or (b) impliedly.
The State may expressly give its consent to be sued when
there is a law expressly granting authority to sue the State
or any of its agencies. It may be manifested either through
a general law or a special law.
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The State may impliedly give its consent to be sued:

When the State enters into a private contract, unless the
contract is only incidental to the performance of a
government function. This involves jure gestionis or
private commercial, and proprietary acts;
When the State enters into an operation that is essentially
business operation, unless the business operation is only
incidental to the performance of a governmental function;
When the state sues a private party, unless the suit is
entered into only to resist a claim.
Even when the government has been adjudged liable in a
suit to which it has consented, it does not necessarily
follow that the judgment can be enforced by execution
against its funds. Consent to be sued does not include
consent to the execution of judgment against it. When the
State does waive its sovereign immunity, it is only giving
the plaintiff the chance to prove, if it can, that the
defendant is liable. Disbursements of public funds must be
covered by the corresponding appropriation as required by
law.

C. GENERAL PRINCIPLES AND STATE POLICIES

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2.

The Philippines is a democratic and republican state.

Sovereignty resides in the people and all government
authority emanates from them. It is:
Democratic, as participatory democracy, and contemplates
instances where the people would act directly, and not
through their representatives; and
Republican as it is a representative government, a
government run by and for the people, its essence in
representation and renovation.

The Philippines renounces war as an instrument of national

policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres
to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
The law authorizes a declaration not of war but only of the
existence of a state of war, in line with our renunciation of
war as an instrument of national policy. It suggests a war
already begun or provoked by the enemy and the existence
of which we are only affirming. In other words, we are not
the aggressor but merely reacting to an aggression.

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There are two methods of making general principles of

international laws part of the local laws of the Philippines,
to wit:
Doctrine of Incorporation By virtue of this doctrine, the
Courts have applied the rules of international law in a
number of cases even if such rules had not previously been
subject of statutory enactments, because these generally
accepted principles of international law are automatically
part of our own laws.
Doctrine of Transformation The transformation method
requires that an international law be transformed into a
domestic law through a constitutional mechanism such as
local legislation.
Civilian Supremacy means that the sovereign Filipino
people is supreme. Civilian authority is, at all times,
supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its
goal is to secure the sovereignty of the State and the
integrity of the national territory. As sovereignty resides in
the people and all government authority emanates from
them, and this supremacy is at all times, supreme over the
military.
Section 1 of RA 7055 lays down the general rule that
members of the AFP and other persons subject to military
law, including members of the CAFGU, who commit
crimes or offenses penalized under the Revised Penal
Code, other special penal laws, or local ordinances shall be
tried by the proper civil court, except where the civil court,
before arraignment, has determined the offense to be
service-connected, then the offending soldier shall be tried
by a court martial. Lastly, the law states an exception to the
exception, where the President of the Philippines, in the
interest of justice, directs before arraignment that any such
crimes or offenses be tried by the proper civil court.

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The AFP exist in order to secure the sovereignty of the

State, and to preserve the integrity of the national territory.
In extraordinary circumstances they may also be called
upon to protect the people when ordinary law and other
forces need assistance. It is ensured by:
The installation of the President, the highest civilian
authority, as the commander-in-chief of all of the armed
forces of the Philippines; and
The requirement that members of the AFP swear to uphold
and defend the Constitution, which is the fundamental law
of the civil government.
The prime duty of the Government is to serve and protect
the people. The Government may call upon the people to
defend the State and, in the fulfillment thereof , all citizens

may be required, under conditions provided by law, to

render personal military, or civil service.
Note: The duty of the government to defend the State
cannot be performed except through an army. To leave the
organization of an army to the will of he citizens would be
to make this duty of the Government excusable should
there be no sufficient men who would volunteer to enlist
therein.
The separation of Church and State shall be inviolable.
Under our constitutional scheme, it is no the task of the
State to favor any religion by protecting it against an attack
by another religion. Vis--vis religious differences, the
State enjoys no banquet of option. Nonetheless, the wall of
separation between Church and State is not a wall of
hostility.
The non-establishment clause means that the State cannot
set up a church, nor pass laws which aid one religion, aid
all religions or prefer one religion over another, nor force
nor influence a person to go to or remain away from church
against his will or force him to profess a belief or disbelief
in any religion.
There is a marked antipathy in the Constitution towards
foreign military presence in the country, or of foreign
influence in general. Moreover, the Philippines, consistent
with the national interest, adopt and pursue a policy of
freedom form nuclear weapons in its territory.
The right to security of person is a corollary of the policy
that the State guarantees full respect for human rights. As
the government is the chief guarantor of order and security,
the Constitutional guarantee of the rights to life, liberty and
security of person is rendered ineffective if government
does not afford protection to these rights especially when
they are under threat.
Generally, the provisions of Article II of the 1987
Constitution do not confer rights as they are merely
declaration of principles and policies. However, the right to
a balanced and healthful ecology enunciated in Article II,
Section 16 gives rise to a cause of action that may be
enforced by any citizen.
The State shall ensure the autonomy of local governments.
Note: The Constitution does not contemplate any state in
this jurisdiction other than the Philippine State, much less
does it provide for a transitory status that aims to prepare
any part of the Philippine territory for independence.
The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be
defined by law.
Note: This provision does not contain a judicially
enforceable constitutional right and merely specifies a
guideline for legislative action. It is not intended to compel
the State to enact positive measures that would
accommodate as many as possible into public office. The
privilege may be subjected to limitations such as the
provision of the Omnibus Election Code on nuisance
candidates.

Subject to reasonable conditions prescribed by law, the

state adopts and implements a policy of full public
disclosure of all its transactions involving public interest.
Note: Article II, Sec. 28 of the Constitution recognizes the
duly of officialdom to give information even if nobody
demands. This provision is essential to hold public officials
accountable to the people. The absence of an implementing
legislation is not an excuse in not effecting such policy.

F.
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2.

D. SEPARATION OF POWER

This is the instance when powers are not confined

exclusively within one department but are assigned to or
shared by several departments. It is often necessary for
certain powers to be reposed in more than one department,
so that they may better collaborate with, and in the process
check, each other for the public good.
The principle allows one department to resist
encroachments upon its prerogatives or to rectify mistakes
or excesses committed by the other departments.
E. DELEGATION OF POWERS

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2.

Classifications of government as to legitimacy:

De Jure has a rightful title but no power or control, either
because the same has been withdrawn from it or because it
has not yet actually entered into the exercise thereof;
De Facto actually exercises power or control but without
legal title.
The government under Cory Aquino and the Freedom
Constitution was a de jure government because it was
established by authority of the legitimate sovereign, the
people.

It operates to maintain the legislative powers to the

legislative department, executive powers to the executive
department, and those which are judicial in character to the
judiciary.
The separation of powers seeks to prevent the
concentration of authority in one person or group of
persons that might lead to irreparable error or abuse in its
exercise to the detriment of republican institutions.

FORMS OF GOVERNMENT

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2.

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2.

Classifications of government as to concentration of

powers in a government branch:
Presidential there is separation of executive and
legislative powers;
Parliamentary there is fusion of both executive and
legislative powers in Parliament, although the actual
exercise of the executive powers is vested in a Prime
Minister who is chose by, and accountable to the
Parliament.
Classifications of government as to centralization of
control:
Unitary Government- one in which the control of national
and local affairs is exercised by the central or national
government;
Federal Government- one in which the powers of the
government are divided between two sets of organs, one for
national affairs and the other for local affairs, each organ
being supreme within its own sphere.

The general rules is potestas delegate non delegari

potest(power delegated cannot futher be delegated). This is
based on the ethical principles that delegated power
constitutes not only a right but a duly to be performed by
the delegate through the instrumentality of his own
judgment and not through the intervening mind of another.

The Philippine Government is presidential and unitary.

Although the Philippines is
a unitary State, the
Constitution accommodates within the system the
operation of local government units with enhanced
administrative autonomy and autonomous regions with
limited political autonomy.

There is permissible delegation in the following cases:

Delegation to the people at large, examples are:
System of initiative and referendum;
Requirements of plebiscite in the creation, division,
merger, abolition of LGUs; and
The Initiative and Referendum Act.
Emergency Powers of the President;
Tariff Powers of the President;
Delegation and Administrative Bodies (power of
subordinate legislation);and
Delegation to Local Government Units.

III LEGISLATIVE DEPARTMENT

The test for valid delegation are:

Completeness Test the law is complete when it sets forth
therein the policy to be executed, carried out or
implemented by the delegate; and
Sufficient Standard Test the law lays down a sufficient
standard when it provides adequate guidelines or
limitations in the law to map out the boundaries of the
delegates authority and prevent the delegation from
running riot. To be sufficient, the standard must specify the
limits of the delegates authority, announce the legislative
policy and identify the conditions under which it is to be
implemented.

A. WHO MAY EXERCISE LEGISLATIVE POWER

Congress
Legislative power, which is the power to propose, enact,
amend and repeal laws, is vested in the Congress of the
Philippines, which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people
by the provisions on initiative and referendum.
Regional/Local Legislative Power
Local legislative power shall be exercised by the
Sangguniang Panlalawigan for the province; the
Sangguniang Panlungsod for the city; the Sangguniang
Bayan for the municipality; and the Sangguniang Barangay
for the barangay.
The power of local government units to legislate and enact
ordinances and resolutions is merely a delegated power
from Congress. Hence, ordinances should not contravene
an existing statute enacted by Congress.

Peoples Initiative on Statutes

The senate shall be composed of 24 Senators who shall be

elected at large by the qualified voters of the Philippines, as
may be provided by law.

Peoples initiative is the power of the people to propose

amendments to the Constitution or to propose or enact
legislation through an election called for the purpose.
Note: RA 6735, also knows as the Peoples Initiative and
Referendum Act, is incomplete, inadequate, or wanting in
essential terms and conditions insofar as initiative on
amendments to the Constitution is concerned.

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4.
5.

There is no need to revisit this Courts ruling in Santiago

declaring RA 6735 incomplete, inadequate or wanting in
essential terms and conditions to cover the system of
initiative to amend the Constitution.

Qualification for a person to become a member of the

Senate:
Natural-born citizen of the Philippines;
At least 35 years of age on the day of the election;
Able to read and write;
Registered voter; and
Resident of the Philippines for not less than 2 years
immediately preceding the day of the election.
The term of office of the Senators shall be 6 years and shall
commence, unless otherwise provided by law, at noon on
the 13th day of June next following their election. No
Senator shall serve for more than two consecutive terms.
Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity
of his service for the full term of which he was elected.

However, in the SCs Minute Resolution denying the

motions to reconsider the dismissal of the petition for
peoples initiative, ten(10) Members of the Court reiterated
their position, as shown by their various opinions already
given when the Lambino Decision was promulgated, that
RA 6735 is sufficient and adequate to amend the
Constitution thru a peoples initiative.

House of Representatives
District Representatives and Questions of Apportionment

It may be argued then that this Minute Resolution, where

10 Justices reiterated the sufficiency of RA 6735 as an
enabling law for the peoples initiative, has the effect of
reversing the Santiago ruling.
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3.

Classes of peoples initiative, to wit:

Initiative on the Constitution petition proposing
amendments to the Constitution;
Initiative on Statutes petition proposing to enact a
national legislation; and
Initiative on Local Legislation petition proposing to enact
a regional, provincial, city, municipal, or barangay law,
resolution or ordinance.

2.

Referendum is the power of the electorate to approve or

reject legislation through an election called for that
purpose.
1.
2.

Classes of referendum, to wit:

Referendum on Statutes petition to approve or reject an
act or law or part thereof, passed by Congress; and
Referendum on Local Laws legal process whereby the
registered voters of the local government units may
approve, amend or reject any ordinance enacted by the
Sanggunian.
The declaration of martial law has no further effect than to
warn the citizens that the military powers have been called
upon by the executive to assist him in the maintenance of
law and order and that while the emergency lasts, they
must, upon pain of arrest and punishment, not commit any
act which will in any way render difficult the restoration of
order and the enforcement of law. When martial law is
declared, no new powers are given to the executive; no
extension of arbitrary authority is recognized; no civil
rights of the individuals are suspended. The relationship of
the citizens to their States is unchanged.

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5.

The House of Representatives shall be composed of not

more than 250 members unless otherwise provided by law,
consisting of:
District Representatives - not less than 200 members,
elected form legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area;
Party-list Representatives shall constitute 20% of the
total number of representatives elected through a party-list
system of registered national, regional and sectoral parties
or organizations.
Note: One-half of the seats allocated to the party-list
representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the
religious sector. These members are referred to as sectoral
representatives.
A person must meet the following qualifications to become
a member of the House of Representatives:
Natural-born citizen of the Philippines;
At least 25 years of age on the day of the election;
Able to read and write;
Except the party-list representatives, a registered voter in
the district in which he shall be elected; and
A resident thereof for a period of not less than 1 year
immediately preceding the day of the election.
The Members of the House of Representatives shall be
elected for a term of 3 years which shall begin, unless
otherwise provided by law, at noon on the 30 th day of June
next following their election. No Member of the House of
Representatives shall serve for more than 3 consecutive
terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was
elected.

B. HOUSES OF CONGRESS
Senate

The following rules govern the appointment of legislative

districts:

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2.

3.

Shall be made in accordance with the number of respective

inhabitants and on the basis of a uniform and progressive
ratio;
Each city with not less than 250,000 inhabitants is entitled
to at least 1 representative. Each province, irrespective of
the number of inhabitants, entitled to at least 1
representative.
Note: The 250,000 minimum population is only required
for a city, but not for a province.
Each legislative district must be considered as far as
practical contiguous, compact and adjacent territory.
Gerrymandering is the formation of one legislative district
out of separate territories for the purpose of favoring a
candidate or a party. It is not allowed.
Party-List System
The Party-List System is a mechanism of proportional
representation in the election of representatives to the
House of Representatives from National. Regional and
Sectoral parties or organizations or coalitions thereof
registerd with the COMELEC.

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b.
c.
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6.

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6.

The purpose of the Party-List System is to enable certain

Filipino citizens especially those belonging to
marginalized and underrepresented sectors, organizations
and parties to be elected to the House of Representatives.

1.

The new six-point parameters for screening party-list

participants:
Three different groups may participate in the party-list
system:
National parties or organizations;
Regional parties or organizations; and
Sectoral parties or organizations.
National parties or organizations and regional parties or
organizations do not need to organized along sectoral lines
and do not need to represent any marginalized and
underpresented sector.
Political parties can participate in party-list elections
provided they register under the party-list system and do
not field candidates in legislative district elections. A
political party, whether major or not, that fields candidates
in legislative district elections can participate in party-list
elections only through its sectoral wing is by itself an
independent sectoral party, and is linked to a political party
through a coalition.
Sectoral parties or organizations may either by
marginalized and underrepresented or lacking in welldefined political constituencies. It is enough that their
principal advocacy pertains to the special interest and
concerns of their sector. The sectors that are marginalized
and underrepresented include labor, peasant, fisherfolk,
urban poor, indigenous cultural communities, handicapped,
veterans, and overseas.
A majority of the members of sectoral parties or
organizations that represent the marginalized and
underrepresented must belong to the marginalized and
underrepresented sector they represent. Similarly, a
majority of the member of sectoral parties or organizations
that lack well-defined political constituencies must
belong to the sector they represent. The nominees of
sectoral parties or organizations that represent the
marginalized and underrepresented, or that represent
those who lack well-defined political constituencies,
either must belong to their respective sectors, or must have

2.

3.

4.

a track record of advocacy for their respective sectors. The

nominees of national and regional parties or organizations
must be bona-fide member of such parties or organizations.
The guidelines set under the Bagong Bayani case has been
repealed by the ruling of the Supreme Court in Atong
Paglaum vs Comelec.
The following must be met by a person to become a partylist nominee:
Natural born citizen;
A registered voter;
A resident of the Philippines for a period of not less than 1
year immediately preceding the day of the election;
Able to read and write;
Bona fide member of the party or organization which he
seeks to represent for at least 90 days preceding the day of
the election; and
At least 25 years of age on the day of the election. In case
of the youth sector he must at least be 25 but not more than
30 years old on the day of the election.
Parameters in the party-list election in the Philippine, to
wit:
The 20% allocation 20% of the total number of the
membership of the House of Representatives is the
maximum number of seats available to party-list
organizations, such that there is automatically one party-list
seat for every four existing legislative districts.
A guaranteed seat for the party-list organization garnering
2% of the total votes cast The guaranteed seats shall be
distributed in a first round of seat allocation to parties
receiving at least 2% of the total party-list votes.
Proportional representation The additional seats, that is,
the remaining seats after allocation of the guaranteed seats,
shall be distributed to the party-list organizations including
those that received less than 2% of the total votes.
The three-seat cap Each qualified party, regardless of the
number of votes it actually obtained, is entitled only to a
maximum of 3 seats.
The Supreme Court in Banat v Comelec struck down as
unconstitutional the 2% threshold in the distribution of
additional party-list seats in the second clause of Sec.11 Par
b or RA 7941. The Court held that the continued operation
of the 2% threshold in the distribution of the additional
seats frustrates the attainment of the permissive ceiling that
20% of the members of the House of Representatives shall
consist of party-list representatives.
Any elected party-list representatives who changes his
political party or sectoral affiliation during his term of
office shall forfeit his seat. Provided, that if he changes his
political party or sectoral affiliation within 6 months before
an election, he shall not be eligible for nomination as partylist representative under his new party or organization.
In case of vacancy in the seats reserved for party-list
representatives, the vacancy shall be automatically filled by
the next representative from the list of nominees in the
order submitted to the COMELEC by the same party,
organization, or coalition, who shall serve for the unexpired
term. If the list is exhausted, the party, organization or
coalition concerned shall submit additional nominees.
The COMELEC, despite its role as the implementing arm
of the Government in the enforcement and administration

of all laws and regulations relative to the conduct of an

election, has neither the authority nor the license to expand,
extend, or add anything to the law it seeks to implement
thereby. The IRRs the COMELEC issues for that purpose
should always accord with the law to be implemented, and
should not override, supplant, or modify the law. It is basic
that the IRRs should remain consistent with the law they
inted to carry out.
The Constitution grants the COMELEC the authority to
register political parties, organizations or coalitions, and
the authority to cancel the registration of the same on legal
grounds. The said authority of the COMELEC is reflected
in Sec 6 of RA 7941. In the case of the party-list
nominees/representatives,
it
is
the
House
of
Representatives Electoral Tribunal that has jurisdiction
over contests relating to their qualifications. Although it is
the party-list organization that is voted for in the elections,
it is no the organization that sits as and becomes a member
of the House of Representatives, but it is the party-list
nominee/representative who sits as a member of the House
of Representatives.

Exception: If it is shown that said other office or

employment is an extension of the legislative position or is
in aid of legislative duties.
2.

1.
2.

3.

The salaries of Senators and Member of the House of

Representatives shall be determined by law. No increase in
said compensation shall take effect until after the expiration
of the full term of all the Members of the Senate and the
House of Representatives approving such increase.

1.

2.

1.
2.

1.

Parliamentary disqualifications and inhibitions imposed

upon Members of Congress:
The Senators and Member of House of Representative:
Shall not personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies;
Shall not be directly or indirectly, be interested financially
in any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any GOCC, or its
subsidiary, during his term; and
Shall not intervene in any matter before any office of the
Government of his pecuniary benefit or where he may be
called upon to act on account of his office.
As to the members of the Congress, there is no general
prohibition as to the practice of their professions.
A Senator shall not be interested financially directly or
indirectly in any contract with, or in any franchise or
special privilege granted by the Government during his
term. He cannot hide behind the defense of separate
personalities between him and the corporation as the law
prohibits indirect financial interest.

The following are the immunities of Senators and Member

of House of Representatives:
Privilege from arrest In all offenses punishable by not
more than 6 years imprisonment, a Senator or a member of
the House shall be privileged from arrest while the
Congress is in session.
Note: it is available while the Congress is in session,
whether the session is regular or special, or whether or not
the legislator is actually attending his session. Session
covers the entire period from its initial convening until its
final adjournment. Members of Congress are not exempt
from detention for crime.

Quorum prescribed for the House of Congress.

A majority of all the members of each House shall
constitute a quorum, but a smaller number may adjourn
from day to day and may compel the attendance of absent
Members in such manner and under such penalties as such
House may determine.
Note: The existence of a quorum is based on the proportion
between those physically present and the total membership
of the body.

Parliamentary privilege of speech They shall not be

questioned nor be held liable in any other place for any
speech or debate in the Congress or in any commitment
thereof.
Note: For any speech or debate includes any statement
or utterances a legislator makes while he is performing his
official functions.

Quorum prescribed for the Senate.

The basis in determining the existence of a quorum in the
Senate shall be the total number of incumbent Senators
who are in the country and within the coercive jurisdiction
of the State.
Majority of all Members of Congress means majority of the
entire composition of Congress regardless of the number of
members present or absent during the time the question is
brought to the floor as long as there is quorum.

Requisites to avail of the privilege of speech and debate:

That the remarks must be made while the legislature or the
legislative committee is in session; and
That they must be made in connection with the discharge of
official duties.
Disqualifications and Inhibitions imposed upon Senators
and Member of Congress.
Incompatible Office No Senator or Member of the House
of Representatives may hold any other office or
employment in the Government, or any subdivision,
agency or instrumentality thereof, including GOCCs or
their subsidiaries during his term without forfeiting his
seat; and
Note: The general rule is they cannot simultaneously hold
the incompatible office while serving their term in office.

Forbidden Office Neither shall he be appointed to any

office which may have been created or the emoluments
thereof increased during the term for which he was elected.

Majority of the House mean majority of the incumbent

Members who are within the coercive jurisdiction of
Congress.
Rule on the Disciplining of Members of Congress.
Each House may determine the rules of its proceeding,
punish its Members for disorderly behavior, and, with the
concurrence of 2/3 of all its members, suspend or expel a
member. A penalty of suspension, when imposed, shall not
exceed 60 days.
C.

ELECTORAL TRIBUNALS AND THE COMMISSION

ON APPOINTMENTS

Electoral Tribunals
Nature

Powers
The Commission on Appointments acts a legislative check
on the appointing authority of the President. For the
effectivity of the appointment of certain key officials
enumerated in the Constitution, the consent of the
Commission on Appointments is needed.

Each Electoral Tribunal shall be composed of nine

Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the
remaining six shall be Members of the Senate or the House
of Representatives, as the case may be, who shall be
chosen on the basis of proportional representation from the
political parties and the parties or organizations registered
under the party-list system represented therein. The senior
Justice in the Electoral Tribunal shall be its Chairman.

The Commission shall rule by a majority vote of its

members. Chairman shall not vote except in case of a tie.
Note: Art VI Sec 18 contemplates that COA shall rule by a
majority vote of all the members and thus, 10 senators
would sufficiently constitute the Senates delegation in the
COA.

The Electoral Tribunal shall be constituted within thirty

days after the Senate and the House of Representatives
shall have been organized with the election of the President
and the Speaker.
The Electoral Tribunal is independent of the House of
Congress and its decisions may be reviewed by the
Supreme Court only upon showing of grave abuse of
discretion in a petition for certiorari filed under Rule 65.
This means that each Electoral Tribunal is not subject to
the control of the House to which it pertains, and its
decisions can only be corrected by the Supreme Court
through a special remedy of certiorari.

The Commission shall meet only while Congress is in

session, at the call of its Chairman or a majority of all its
members.
D. POWERS OF CONGRESS
Legislative
Legislative Inquiries and the Oversight Functions
Legislative inquiries may refer to the implementation or reexamination of any law or appropriation, or in connection
with any proposed legislation or for the formulation of, or
in connection with, future legislation, or will aid in the
review or formulation of a new legislative policy or
enactment. Legislative inquiry is inherent in Congress.
The inquiry, to be within the jurisdiction of the legislative
body to make, must be material or necessary to the exercise
of a power in it vested by the Constitution, such as to
legislate, or to expel a Member.

Powers
The Electoral Tribunal acts as the sole judge of all contests
relating to the election, returns, and qualifications of the
respective members of each House.
Once a winning candidate has been proclaimed, taken his
oath, and assumed office as a Member of the House of
Representatives, Comelecs jurisdiction over election
contests relating to his election, returns and qualifications
ends, and the House of Representative Electoral Tribunals
(HRET) own jurisdiction begins.

1.
2.

The HRET decides whether a party list representative is

qualified but the COMELEC can decide whether a partylist organization is qualified to join the party-list system.

3.

Commission on Appointments
Nature
There shall be a Commission on Appointments consisting
of the President of the Senate, as ex officio Chairman,
twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of
proportional representation from the political parties and
parties or organizations registered under the party-list
system represented therein.
Note: For the Senate, a political party must have at least 2
member to be entitled to one seat in Commission on
Appointment. Rounding off is not allowed.
The Commission shall be constituted within thirty days
after the Senate and the House of Representatives shall
have been organized with the election of the President and
the Speaker.
The Commission is independent of the two Houses; its
employees are not technically employees of Congress. It
has the power to promulgate its own rules of proceedings.

1.
2.
3.

The power of legislative investigation of the Congress

involves the following:
Power to conduct inquiry in aid of legislation in accordance
with its duly published rules of procedure;
Power to issue summons and notices in connection with
matters subject of its investigation or inquiry;
Power to punish or declare a person in contempt during or
in the course of legislative investigation.
The limitations on the power of legislative investigation of
the Congress.
Must be aid of legislation;
In accordance with duly published rules of procedures; and
Right of person appearing in, or affected by such inquiry
shall be respected.
Oversight functions of the Congress.
The heads of departments may upon their own initiative
with the consent of the President, or upon the request of
either House, as the rules of each house shall provide,
appear before and be heard by such House on any matter
pertaining to their departments. Written questions shall be
submitted to the President of the Senate or the Speaker of
the House of Representatives at least 3 days before their
scheduled appearance. Interpellations shall not be limited
to written questions, but may cover matters related thereto.
When the security of the State or the public interest so
requires, the appearance shall be conducted in executive
session.
Question Hour

Section 22 does not provide for a question hour. The

question hour is proper to a parliamentary system where
there is no separation between the legislative and executive
department. Section 22, unlike in the question hour under
the 1973 Constitution, has made the appearance of
department heads voluntary. They can appear on their own
initiative, with the consent of the President, or at the
request of Congress. Because of the separation of power,
however, department secretaries may not impose their
appearance upon either House. This notwithstanding, the
Supreme Court referred to the oversight function of the
Congress under Section 22, Article VI as question hour.
In the said case, the Supreme Court ruled that Sections 21
and 22, therefore, while closely related and complementary
to each other, should not be considered as pertaining to the
same power of Congress. One specifically relates to the
power to conduct inquiries in aid of legislation, the aim of
which is to elicit information that may be used for
legislation, while the other pertains to the power to conduct
a question hour, the objective of which is to obtain
information in pursuit of Congress oversight function.

system. They should not, however, perform functions that

the Congress itself may not do. Moreover, their proposals
need confirmation by both houses of Congress.
It is within the power of a conference committee to include
in its report an entirely new provision that is not found
either in the House bill or in the Senate bill. If the
committee can propose an amendment consisting of one or
two provisions, there is no reason why it cannot propose
several provisions, collectively considered as an
amendment in the nature of a substitute, so long as such
amendment is germane to the subject of the bills before the
committee. After all, its report was not final but needed the
approval of both houses of Congress to become valid as an
act of the legislative department.
Limitations on Legislative Power
Limitations on revenue, appropriations, and tariff measures
Revenue bill is a bill that is specifically designed to raise
money or revenue through levy. Appropriation bill is a bill
the primary and specific purpose of which is to authorize
the release of funds from the public treasury. And tariff bill
is a bill that specifies the rates or duties to be imposed on
imported articles.

Difference between the right of the Congress to conduct

inquiry in aid of legislation (Sec 21) and its oversight
function (Sec 22).
Sec. 21 (Right to conduct
Sec. 22 (Oversight function
inquiry in aid of legislation)
of Congress)
As to who may appear
Any person
Only a department head
As to who conducts investigation
Committees
Entire Body
As to subject matter
Any matter for the purpose
Matters related to the
of legislation
department only
As to purpose
Congress has the power to
Congress has the power to
conduct inquiries in aid of
question department heads,
legislation the aim of which
the objective of which is to
is to elicit information that
obtain information in pursuit
may be used for legislation.
of Congress oversight
functions.
As to attendance
Attendance is compulsory.
Attendance is discretionary
hence it is valid for the
President to require that
consent be obtained first
before subordinates appear
in Congress during the
question hour
As to compelling power of Congress
Congress can compel the
Congress cannot request the
attendance of executive
appearance of executive
officials
officials if the required
consent of the President is
not obtained first, or if no
such consent is given.
Bicameral Conference Committee
In a bicameral system, bills are independently processed by
both houses of Congress. The Conference Committee
consisting of members nominated from both Houses is an
extra-constitutional creation of Congress whose function is
to propose to Congress ways of reconciling conflicting
provisions found in the Senate version and House version
of the bill. It performs a necessary function in a bicameral

1.

2.
3.
4.
5.
a.
b.
6.

7.

Express limitations on revenue, appropriations, and tariff

measures of the Congress:
All appropriation, revenue and tariff bills authorizing
increase of the public debt, bills of local application, and
private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur
with amendments;
Note: the exclusivity of the prerogative of the House of
Representatives means simply that the House alone can
initiate the passage of a revenue bill, such that, if the House
does not initiate one, no revenue law will be passed. But
once the House has approved a revenue bill and passed it
on to the Senate, the Senate can completely overhaul it, by
amendment of parts or by amendment of substitution, and
come out with one completely different from what the
House approved.
The general appropriation law must be based on the budget
prepared by the President. The form, content and manner of
preparation of budget shall be provided by law;
Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget;
No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein;
A special appropriation bill shall specify:
Purpose for which it is intended, and
Shall be supported by funds actually available as certified
by the National Treasurer, or to be raised by a
corresponding revenue proposal therein;
Prohibition against transfer of appropriations (Doctrine of
Augmentation) The President, Senate President, Speaker
of the House, Chief Justice of the Supreme Court, and
heads of Constitutional Commissions may, by law, be
authorized to augment any item in the general
appropriations law for their respective offices from savings
in other items of their respective appropriation;
Discretionary funds appropriated for particular officials
shall be disbursed only for public purposes;

Note: Discretionary Funds funds appropriated by

Congress for certain activities of the government to be
disbursed at the discretion of certain officials; said funds
must be disbursed only for public purposes, supported by
appropriate vouchers, and subject to the guidelines as may
be prescribed by law.
8. Automatic re-appropriation if, by the end of any fiscal
year, the Congress shall have failed to pass the general
appropriations bill for the ensuing year, the general
appropriations law for the preceding fiscal year shall be
deemed reenacted and shall remain in force and effect until
the general appropriations bills is passed by the Congress;
9. Section 29 (2) prohibits appropriation for sectarian benefit.
Note: Aside form the express exceptions, payment of
public funds is prohibited to ecclesiastics only as such,
which means that they may be paid from public funds if
they serve the government in a non-ecclesiastical capacity;
and
10. One-title, one-subject rule. Every bill passed by the
Congress shall embrace only one subject which shall be
expressed in the title thereof. The purpose of this rules
involves the prevention of hodgepodge or log-rolling
legislation which contains several subjects dealing with
unrelated matters representing diverse interests, prevention
of surprise or fraud upon the legislature, and the fair
appraisal of the people.

1.
2.

1.

2.

1.

2.

Implied limitations on the power of the Congress to

appropriate:
The appropriation must be devoted to a public purpose; and
The sum authorized to be released must be determinate or
at least determinable.
Presidential Veto and Congressional Override
The general rule is that the President must approve entirely
or disapprove in toto.
The exception to this rule is in case of appropriation,
revenue and tariff bills where item-veto is allowed.
Note: However, there are exceptions to this exceptions,
namely:
Doctrine of Inappropriate Provisions a provision that is
constitutionally inappropriate for an appropriation bill may
be singled out for veto even if it is not an appropriation or
revenue item.
Executive Impoundment refusal of the President to spend
funds already allocated by Congress for specific purpose. It
is the failure to spend or obligate budget authority of any
type.
Rules on Congressional Override.
If the President exercises his power to veto, he must return
the bill with his objections to the House where it originated
which shall enter the objections at large in its journal and
proceed to reconsider it. The House may either:
Take into account the objections made by the President and
make corresponding amendments in the bill. The bill, as
amended, will again be presented to the President for his
approval; or
Invalidate the veto and convert the bill into law over the
objection of the President when concurred by the vote of
2/3 of all the members of each House.
The President shall communicate his veto of any bill to the
House where it originated within 30 days after the date of
receipt thereof; otherwise, it shall become a law as if he
had signed it.

Pocket Veto
Vetoing of a bill by an executive by not acting in the time
given by law.
Note: An invalid veto is without effect. It is as if the
President did not act on the bill at all. Hence, the bill
becomes a law by executive inaction.
Non-legislative
Informing Function
The informing function of the Congress involves
investigating for the purpose of enlightening the electorate.
The informing function is different from the investigation
in aid of legislation or by way of oversight.
Power of Impeachment
The House of Representatives shall have the exclusive
power to initiate all cases of impeachment. The Senate
shall have the sole power to try and decide all cases of
impeachment. The President, the Vice-President, the
Members of the Supreme Court, the Member of the
Constitutional Commissions, and the Ombudsman may be
removed from office on impeachment for, and conviction
of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of
public trust.
Other Non-Legislative Powers
Canvass presidential elections;
Declare the existence of a state of war;
Delegation of emergency powers;
Call special election for President and Vice-President;
Give concurrence to amnesties and treaties;
Propose constitutional amendments;
Confirm certain appointments;
Decide the disability of the President because majority of
the Cabinet dispute his assertion that he is able to discharge
his duties;
9. Revoke or extend proclamation of suspension of privilege
of habeas corpus or declarations of martial law via
legislative veto; and
10. Power with regard to utilization of natural resources.
1.
2.
3.
4.
5.
6.
7.
8.

IV. EXECUTIVE DEPARTMENT

1.
2.

1.
2.
3.
4.

5.
6.

Privileges afforded to the President and Vice-President:

Official residence for the President; and
Salaries of the President and Vice-President are determined
by law and not to be decreased during his tenure.
Inhibitions and Disqualifications under the law:
No increase in salaries during their tenure;
Shall not receive any other emoluments from the
government or any other source;
Shall not hold any other office or employment, unless
otherwise provided in the Constitution;
Shall not, directly or indirectly, practice any other
profession, participate in any business, or be financially
interested in any contract with, or in any franchise or
special privilege granted by the government or any
subdivision, agency, or instrumentality thereof, including
GOCCs or their subsidiaries;
Strictly avoid conflict of interest in the conduct of their
office; and
May not appoint spouse or relatives by consanguinity or
affinity within the 4th civil degree as Members of

Constitutional Commissions, or the Office of the

Ombudsman, or as Secretaries, undersecretaries, chairmen
or heads of bureaus or offices, including GOCCs and their
subsidiaries.

effected in good faith if it is for the purpose of economy or

to make bureaucracy more efficient.
Faithful Execution Clause
The second sentence of Section 17, Article VII is referred
to as the take care power of the President and also
sometimes called the faithful execution clause. Under the
provision, the President is bound to ensure the faithful
execution of laws regardless of his belief in the legality of
said laws. Until and unless a law is declared
unconstitutional, the President has a duty to execute it
regardless of his doubts as to its validity.

Presidential Immunity
The President shall have immunity from suit for official
acts during his tenure. However, after his tenure, the Chief
Executive cannot invoke immunity from suit for civil
damages arising out of acts done by him while he was
President which were not performed in the exercise of
official duties.
A non-sitting President does not enjoy immunity from suit,
even for acts committed during the latters tenure. The Rule
is that unlawful acts of public officials are not acts of the
State and the officer who acts illegally is not acting as such
but stands in the same footing as any other trespasser. The
intent of the framers of the Constitution is clear that the
immunity of the President from suit is concurrent only with
his tenure and not his term.
Presidential Privilege
Executive privilege is the power of the President to
withhold certain types of information from the courts, the
Congress, and ultimately the public.
Scope of the privilege
Presidential conversations, correspondences, or discussions
during closed-door Cabinet meetings, like the internal
deliberations of the Supreme Court and other collegiate
courts, or executive sessions of either House of Congress,
are recognized as confidential. This kind of information
cannot be pried open by a co-equal branch of government.
1.
2.

3.

Kinds of executive privilege

State secrets privilege the information is of such nature
that its disclosure would subvert crucial military or
diplomatic objectives;
Informers privilege, or the privilege of the Government
non-disclosure of the identity of persons who furnish
information of violations of law to officers charged with
the enforcement of that law;
Generic privilege for internal deliberations attach to
intra-governmental
documents
reflecting
advisory
opinions, recommendations and deliberations comprising
part of a process by which governmental decisions and
policies are formulated.

Power of Appointment
In General
An appointment is the selection, by the authority vested
with the power to do so, of an individual who will be
tasked to exercise the functions of a given office. It differs
from a designation in that the latter simply means the
imposition of additional duties, usually by law, on a person
already in the public service. It is also different from a
commission, which refers to the written evidence of the
appointment.
1.
2.
3.

1.
2.
3.
4.

1.
2.
3.
4.

A. POWERS
Executive and Administrative Powers in General
Executive power pertains to the power to enforce and
administer the laws. It shall be vested in the President of
the Philippines. On the other hand, administrative power
refers to the Presidents control over all executive
departments, bureaus and offices. He shall ensure that laws
are faithfully executed.
Power of Administrative Reorganization
It is the Presidents continuing authority to reorganize the
national government, which includes the power to group,
consolidate bureaus and agencies, to abolish offices, to
transfer functions, to create and classify functions, services
and activities and to standardize salaries and materials. It is

a.
b.
c.

1.
2.
3.
4.
5.

Kinds of Presidential Appointments:

Appointments made by an Acting President;
Midnight appointment appointment made by a President
within 2 months before the next presidential elections and
up to the end of his term; and
Regular presidential appointments, with or without
confirmation by the Commission on Appointments, and
recess or ad-interim appointments.
Appointments that can be made solely by the President:
Those vested by the Constitution on the President alone;
Those whose appointments are not otherwise provided for
by law;
Those whom he may be authorized by law to appoint; and
Those other officers lower in rank whose appointment is
vested by law in the President alone.
Commission on Appointments Confirmation
The President shall nominate and, with the consent of the
Commission on Appointments, appoint:
Heads of executive departments;
Ambassadors and other public ministers and consuls;
Officers of the AFP from the rank of colonel or naval
captain;
Officers whose appointments are vested in him by the
Constitution:
Regular members of the Judicial and Bar Council;
Chairmen and members of the Constitutional
Commissions; and
Sectoral representatives.
Appointments that need no confirmation from the
Commission on Appointments:
Members of the Supreme Court and judges of lower courts;
Ombudsman and his deputies;
Commissioner of Customs;
Chairman of the Commission on Human Rights;
Appointments and promotions in the Philippine Coast
Guard.
Procedure for appointments that need the confirmation of
the Commission on Appointments:

1.
2.
3.
4.

Nomination by the President;

Confirmation by the Commission on Appointments;
Issuance of commission; and
Acceptance by the appointee.

latter fail or neglect to fulfill them, then the former may

take such action or steps as prescribed by law.
Doctrine of Qualified Political Agency
All executives and administrative organizations are
adjuncts of the Executive Department, the heads of the
various executive, and, except in cases where the Chief
Executive is required by the Constitution or law to act in
person or exigencies of the situation demand that he acts
personally, the multifarious executive and administrative
functions of the Chief Executive are performed by and
through the executive departments, and the acts of the
Secretaries of Executive departments when performed and
promulgated in the regular course of business are, unless
disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive.
Note: Thus, the Executive Secretary, when acting by
authority of the President may reverse the decision of
another department secretary. The decision of the Cabinet
Secretary carries the presumptive approval of the President,
and there is no need to appeal the decision to the President
in order to complete exhaustion of administrative remedies.

By-passed appointment
A by-passed appointment is one that has not been finally
acted upon on the merits by the Commission on
Appointments at the close of the session of Congress.
There is no final decision by the Commission on
Appointments to give or withhold its consent to the
appointment as required by the Constitution.
Effects of a by-passed appointment
Nominations or appointments submitted by the President of
the Philippines which are not finally acted upon at the close
of the session of Congress shall be returned to the President
and, unless a new nominations or appointments are made,
shall not again be considered by the Commission on
Appointments.
Midnight Appointments
Midnight appointments are appointments made by a
President within 2 months before the next presidential
elections and up to the end of his term.

Executive Departments and Offices

The President shall have control of all executive
departments, bureaus, and offices.

Rules on Midnight Appointments

As a general rule, 2 months immediately before the next
presidential elections and up to the end of his term, a
President or Acting President shall not make appointments.
The exception to this rule is temporary appointments to
executive positions when continued vacancies therein will
prejudice public service or endanger public safety.

Local Government Units

The President of the Philippines shall exercise general
supervision over local governments. The President can only
interfere in the affairs and activities of a local government
unit if he or she finds that the latter had acted contrary to
law.

The rule on midnight appointments does not apply to

appointments to the Supreme Court. The Constitutional
Commission confined the prohibition to appointments
made in the Executive Department. The framers did not
need to extend the prohibition to appointments in the
Judiciary because their establishment of the JBC and their
subjecting the nomination and screening of candidates for
judicial positions to the unhurried and deliberate prior
process of the JBC ensured that there would no longer be
midnight appointments to the Judiciary.

Military Powers
The President is the Commander-in-Chief of all armed
forces of the Philippines. As Commander-in-Chief of all
armed forces of the Philippines, the President may call out
the Armed Forces to prevent or suppress lawless violence,
invasion or rebellion only. He may also organize courts
martial for the discipline of members of the armed forces
and create military commissions for the punishment of war
criminals.
Power of the President to suspend the privilege of the writ
of habeas corpus.
The grounds allowed by law for the suspension of the
privilege of habeas corpus are invasion or rebellion only,
when public safety requires it. The suspension shall not
exceed 60 days following which it shall be lifted, unless
extended by Congress. Suspension applies only to persons
facing charges of rebellion or offenses inherent in or
directly connected with invasion. Persons arrested must be
judicially charged within 3 days; if not, they must be
released.
Note: Proclamation of suspension does not affect the right
to bail. It does not supersede civilian authority.

Power of Removal
Rules on the Presidents power of removal
The general rule is that from the express power of
appointment, the President derives the implied power of
removal. Exceptions to this rules are those appointed by
him where the Constitution prescribes certain methods for
separation from public service.
Note: In cases, where the power of removal is lodged in the
President, the same may be exercised only for causes as
may be provided by law, and in accordance with the
prescribed administrative procedure. The President may
directly discipline the members of the career service of the
Civil Service who are appointed by him.
Power of Control and Supervision
Control is the power of an officer to alter or modify or
nullify or set aside what a subordinate officer had done in
the performance of his duties and to substitute the
judgment of the former for that of the latter. On the other
hand, supervision is the power or authority of an officer to
see that subordinate officers perform their duties, and if the

Grounds for the declaration of martial law.

Martial law can only be declared by the President in cases
of lawless violence, invasion or rebellion.
1.

Limitations to the military powers of the President.

The President shall submit a report in person or in writing
to the Congress within 48 hours from the proclamation of

2.

3.
4.

5.

martial law or the suspension of the privilege of the writ of

habeas corpus;
The Congress, voting jointly, by a vote of at least a
majority of all its members in regular or special session,
may revoke such proclamation or suspension, which
revocation shall not be set aside by the President;
Congress may extend such proclamation or suspension for
a period to be determined by the Congress, if the invasion
or rebellion shall persist and public safety requires it;
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon within 30
days from its filing; and
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function nor
automatically suspend the privilege of the writ.

Amnesty is an act of grace by the President, concurred in

by the Legislature, usually extended to classes of persons
or communities who may be guilty of political offenses,
generally before or after the institution of the criminal
prosecution and sometimes after conviction. It looks
backward and abolishes and puts into oblivion the offense
itself that the person released by amnesty stands before the
law precisely though he had committed no offense.
1.
2.
3.
4.

Pardoning Power
Nature and Limitations

Diplomatic power of the President

The President is the sole organ of the nation in its external
relations, and its sole representative with foreign nations.

The nature of the pardoning power of the President.

The Pardoning power of the President is discretionary, may
not be controlled by the legislature or reversed by the court,
unless there is a constitutional violation. In granting the
power of executive clemency upon the President, Section
19, Article VII of the Constitution does not distinguish
between criminal and administrative cases.
1.
2.
3.
4.
5.
6.
7.

1.

2.

No treaty or international agreement shall be valid and

effective unless concurred in by at least 2/3 of all the
Members of the Senate.
Note: The power to ratify is vested in the President, subject
to the concurrence of the Senate. The role of the Senate,
however is limited only to giving or withholding its
consent, or concurrence, to the ratification. Hence, it is
within the authority of the President to refuse to submit a
treaty to the Senate or, having secured its consent for its
ratification, refuse to ratify it. The concurrence of said
House of Congress is required by our fundamental law in
the making of treaties, which are, however, distinct and
different from executive agreement, which may be
validly entered into without such concurrence.

Limitations to the pardoning power of the President.

Cannot be granted in cases of impeachment;
Cannot be granted in violations of election laws without the
favorable recommendation of the COMELEC;
Can be granted only after conviction by final judgment
(except amnesty);
Cannot be granted in cases of legislative contempt or civil
contempt;
Cannot absolve convict of civil liability;
Cannot restore public offices forfeited; and
A grant of amnesty must be with the concurrence of a
majority of all the Members of Congress.

1.
2.

Forms of Executive Clemency

3.

Pardon is an act of grace which exempts an individual on

whom it is bestowed from punishment which the law
inflicts for a crime he has committed. A pardon is a deed, to
the validity of which delivery is essential, and delivery is
not complete without acceptance. It can be rejected.
Classifications of pardon
Conditional pardon in the nature of a contract between
the Chief Executive and the convicted criminal; by the
pardonees consent to the terms stipulated in the contract,
the pardonee has placed himself under the supervision of
the Chief Executive or his delegate who is duty bound to
see to it that the pardonee complies with the conditions of
the pardon; or
Absolute pardon does not impose any condition upon the
pardonee and is complete even without the necessity of
acceptance.

Other forms of executive clemency

Commutation reduction or mitigation of the penalty.
Reprieve postponement of sentence to a date certain, or
stay of execution.
Parole release from imprisonment, but without full
restoration of liberty, as parolee is in the custody of the law
although not in confinement and;
Remission of fines and forfeiture merely prevents the
collection of fines or the confiscation of forfeited property;
it cannot have the effect of returning property which has
been vested in third parties or money already in public
treasury.

Other foreign affairs powers granted to the President

The power to make treaties;
The power to appoint ambassadors, other public ministers,
and consuls; and
The power to receive ambassadors and other public
ministers duly accredited to the Philippines.
A treaty as an international agreement concluded between
states in written form and governed by international law,
whether embodied in a single instrument or in two or more
related instruments and whatever its particular
designation.
An executive agreement is similar to a treaty, except that
the former does not require legislative concurrence, is
usually less formal, and deals with a narrower range of
subject matters.
International agreements involving political issues or
change of national policy and those involving international
arrangements of a permanent character usually take the
form of treaties. But international agreements embodying
adjustments of detail carrying out well-established national
policies and traditions and those involving arrangements of

a more or less temporary nature usually take the form of

executive agreements.

subject to such limitations and restrictions as it may

impose, tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within the
framework of the national development program of the
Government.

The right of the Executive to enter into binding agreements

without the necessity of subsequent Congressional
approval has been confirmed by long usage. From the
earliest days of our history, we have entered into executive
agreements covering such subjects as commercial and
consular relations, most favored-nation rights, patent rights,
trademark and copyright protection, postal and navigation
arrangements and the settlement of claims. The validity of
these has never been seriously questioned by our courts.

1.

2.

3.

Powers Relative to Appropriation Measures

Powers granted to the President in relation to appropriation
measures that may be taken
The President shall submit to the Congress within 30 days
from the opening of every regular session as the basis of
the general appropriations bill, a budget of expenditures
and sources of financing, including receipts from existing
and proposed revenue measures;
The President may, by law, be authorized to augment any
item in the general appropriations law for their respective
offices from savings in other items of their respective
appropriation; and
The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to which he does
not object.
Pocket veto
It is one in which the President does not act on a bill passed
by Congress resulting in the disapproval of the bill. It is not
allowed under the Constitution because if the President
does not communicate his veto within 30 days after the
date of receipt of a bill. It shall become a law as if he
signed it.

Residual Powers
The President, upon whom executive power is vested, has
unstated residual powers which are implied from the grant
of executive power and which are necessary for her to
comply with her duties under the Constitution. The powers
of the President are not limited to what are expressly
enumerated in the article on the Executive Department and
in scattered provisions of the Constitution.
This is so, notwithstanding the avowed intent of the
members of the Constitutional Commission of 1986 to
limit the powers of the President as a reaction to the abuses
under the regime of Mr. Marcos, for the result was a
limitation of specific power of the President, particularly
those relating to the Commander-in-Chief clause, but not a
diminution of the general grant of executive power.
The President has the residual power to forbid the return of
her exiled predecessor, to declare a state of rebellion, and
to implement reorganization measures.
B. RULES OF SUCCESSION

1.
2.
3.

It is not allowed under the Constitution because if the

President does not communicate his veto within 30 days
after the date of receipt of a bill, it shall become a law as if
he signed it.
Delegated Powers
The Constitution grants emergency powers to the President
and tariff powers.
In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon
the next adjournment thereof.

1.
2.
3.
4.

2.

Rules of succession if the vacancy occurs during the

incumbency of the President
In case of death, permanent disability, removal from office,
or resignation of the President, the Vice-President shall
become President to serve the unexpired term; or
In case of death, permanent disability, removal from office,
or resignation of both the President and Vice-President, the
Senate President, or in case of his inability, the Speaker of
the House of Representatives shall act as President until a
President or a Vice-President shall have been elected and
qualified.

1.

Rules of succession when there is presidential inability to

discharge the powers and duties of the President
When the President transmits to the Senate President and to
the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and

1.

Conditions for the vesture of emergency powers to the

President
There must be war or other national emergency;
The delegation must be for a limited period only;
The delegation must be subject to such restrictions as the
Congress may prescribe; and
The emergency powers must be exercised to carry out a
national policy declared by Congress.
The President is granted stand-by or flexible tariff powers
in the Tariff and Customs Code. The Congress may, by law,
authorize the President to fix within specified limits, and

Rules of succession if the vacancy occurs before the

beginning of the term of the President
In case of death or permanent disability of the presidentelect, the Vice-President elect shall become President;
In case of failure to elect the President, the Vice-President
shall act as the President until the president shall have been
chosen and qualified; or
In case no President and Vice-President shall have been
chosen and qualified, or where both shall have died or
become permanently disabled, the Senate President, or in
case of his inability, the Speaker of the House of
Representatives shall act as President until a President or a
Vice-President shall have been chosen and qualified.
Congress shall by law provide for the manner in which one
who is to act as President shall be selected until a President
or a Vice-President shall have qualified, in case of death,
permanent disability or inability of this officials mentioned
herein.

2.

duties of his office, the powers and duties of his office shall
be discharged by the Vice-President as Acting President; or
When a majority of all the members of the Cabinet transmit
to the Senate President and to the Speaker of the House of
Representatives their written declaration that the President
is unable to discharge the powers and duties of his office,
the Vice President shall immediately assume the powers
and duties of the office as Acting President.

The term political question connotes what it means in

ordinary parlance, namely, a question of policy. It refers to
those questions which, under the Constitution, are to be
decided by the people in their sovereign capacity, or in
regard to which full discretionary authority has been
delegated to the legislature or executive branch of the
Government. It is concerned with issues dependent upon
the wisdom, not legally, of a particular measure.

V. JUDICIAL DEPARTMENT
A. CONCEPTS

1.
2.

Judicial power includes the duty of the courts of justice to

settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
on the part of any branch or instrumentality of the
Government.

Truly political questions are beyond judicial review the

reason being is the respect of the doctrine of separation of
powers. On the other hand, by virtue of Sec 1, Art VIII of
the Constitution, courts can review questions which are not
truly political in nature.
Note: The determination of a truly political question from a
non-justiciable political question lies in the answer to the
question of whether there are constitutionally imposed
limits on powers or functions conferred upon political
bodies.

Judicial Review is the power of the courts to test the

validity of executive and legislative acts in light of their
conformity with the Constitution. This is not an assertion of
superiority by the courts over the other departments, but
merely an expression of the supremacy of the Constitution.
1.
2.
3.
4.

Requisites:
Actual case or controversy;
The Constitutional question must be raised by the proper
party;
The Constitutional question must be raised at the earliest
possible opportunity; and
The decision on the constitutional question must be
determinative of the case itself.
Operative Fact Doctrine
Under the operative fact doctrine, the law is recognized as
unconstitutional but the effects of the unconstitutional law,
prior to its declaration of nullity, may be left undisturbed as
a matter of equity and fair play. In fact, the invocation of
the operative fact doctrine is an admission that the law is
unconstitutional.
Note: In keeping with the demands of equity, the Court can
apply the operative fact doctrine to acts and consequences
that resulted from the reliance not only on a law or
executive act which is quasi-legislative in nature but also
on decisions or orders of the executive branch which were
later nullified.

1.
2.
3.
4.

Moot Questions
A moot and academic case is one that ceases to present a
justiciable controversy by virtue of supervening events, so
that a declaration thereon would be of no practical use or
value. Generally, the courts decline jurisdiction over a
moot and academic case or dismiss it on the ground of
mootness. However, this is subject on the following
exceptions:
There is a grave violation of the Constitution;
There is an exceptional character of the situation and the
paramount public interest is involved;
The constitutional issue raised requires formation of
controlling principles to guide the bench, the bar, and the
public; or
The case is capable of repetition yet evading review.

Species of political questions

Truly political questions; and
Those which are not true political questions.

Questions which, under the Constitution, are to be decided

in regard of full discretionary authority that has been
delegated to the Legislature or executive branch of the
Government are political questions.
B. SAFEGUARDS OF JUDICIAL INDEPENDECE
Safeguards of judicial independence are the following:
The Supreme Court is a constitutional body and may not be
abolished by the legislature;
2. Members are only removable by impeachment;
3. SC may not be deprived of its minimum original and
appellate jurisdiction; appellate jurisdiction may not be
increased without its advice or concurrence;
4. SC has administrative supervision over all inferior courts
and personnel;
5. SC has exclusive power to discipline judges/justices of
inferior courts;
6. Members of the judiciary enjoy security of tenure;
7. Members of the judiciary may not be designated to any
agency performing quasi-judicial or administrative
functions;
8. Salaries of judges may not be reduced; judiciary enjoys
fiscal autonomy;
9. SC alone may initiate and promulgate the Rules of Court;
10. SC alone may order temporary detail of judges; and
11. SC can appoint all officials and employees of the Judiciary.
1.

C. JUDICIAL RESTRAINT
Judicial restraint is a theory of judicial interpretation that
encourages judges to limit the exercise of their won power
in certain case. It allows the political processes to operate
without undue interference. In terms of legislative acts, the
principle of judicial restraint means that every intendment
of the law must be adjudged by the courts in favor of its
constitutionality, invalidity being a measure of last resort.
In construing therefore the provisions of a statute, courts
must first ascertain whether an interpretation is fairly
possible to sidestep the question of constitutionality.
D. APPOINTMENTS TO THE JUDICIARY

Political Question Doctrine

1.
2.
3.
4.

Qualifications for Chief Justice and Associate Justices of

the Supreme Court
Natural-born citizen;
At least 40 years old;
15 years or more as a judge of a lower court or has been
engaged in the practice of law in the Philippines for the
same period; and
A person of proven competence, integrity, probity and
independence.

3.
4.
5.
6.

Qualification for the Presiding Justice and Associate

Justices of the Court of Appeals
The same qualifications as those provided for Justices of
the Supreme Court must be satisfied for a person to
become Presiding Justice or Associate Justice of the Court
of Appeals.
1.
2.
3.

4.

1.
2.
3.

4.

1.
2.

Qualifications for Metropolitan, Municipal, and Municipal

Circuit Trial Court Judges
Citizen of the Philippines;
At least 30 years old;
Has been engaged for at least 5 years in the province of law
in the Philippines or has held public office in the
Philippines requiring admission to the practice of law as an
indispensible requisite; and
A person of proven competence, integrity, probity, and
independence.

2.

Procedural Rule-Making
The Supreme Court has the power to promulgate rules
concerning: protection and enforcement of constitutional
rights; pleading, practice and procedures in all courts;
admissions to the practice of law; Integrated Bar of the
Philippines; and legal assistance to the underprivileged.
Note: The rule-making power of the Supreme Court is no
longer shared with the Congress, more so with the
Executive. Thus, for instance, the payment of legal fees is a
vital component of the rules promulgated by the Supreme
Court concerning pleading, practice and procedure. It
cannot be validly annulled, changed or modified by the
Congress.

Procedure for appointments in the Judiciary

The President appoints from among a list of at least 3
nominees prepared by the Judicial and Bar Council for
every vacancy; or
For lower courts, President shall issue the appointment 90
days from submission of the list.

E. SUPREME COURT

1.

There are now three divisions of the SC with 5 members

each. Cases or matters heard by a division shall be decided
or resolved with the concurrence of a majority of the
members who actually took part in the deliberations on the
issues in the case and voted thereon, and in no case,
without the concurrence of at least three of such members.
When the required number is not obtained, the case shall be
decided en banc.
Note: Cases are decided, while matters are
resolved, applying the rules of reddendo singular
singulis. On the basis of this distinction, only cases are
referred to the Supreme Court en banc for decision
whenever the required number of votes cannot be obtained.

Qualifications for Regional Trial Court Judges

Citizen of the Philippines;
At least 35 years old; and
Has been engaged for at least 10 years in the practice of
law in the Philippines or has held public office in the
Philippines requiring admission to the practice of law as an
indispensable requisite; and
A person of proven competence, integrity, probity and
independence.

Composition of the Judicial and Bar Council

The JBC is composed of the Chief Justices as ex officio
Chairman, the Secretary of Justice, and a representative of
the Congress as ex officio members, a representative of the
Integrated Bar, a professor of law, a retired Member of the
Supreme Court, and a representative of the private sector.

En Banc and Division Cases

When the SC sits en banc, cases are decided by the
concurrence of a majority of the Members who actually
took part in the deliberations on the issues in the case and
voted thereon, provided there is quorum. The following
cases are to be heard and decided en banc:
All cases involving the constitutionality of a treaty,
international or executive agreement, or law;
Cases involving the constitutionality, applications, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations;

Cases heard by a division when the required majority in the

division is not obtained;
Cases where the SC modifies or reverses a doctrine or
principle of law previously laid down either en banc or in
division;
Administrative cases where the vote is for the dismissal of
a judge of a lower court or otherwise to discipline such
one; and
Election contests for President and Vice-President.
Note: the SC, relaxing the application of the Rules of
Procedure, held that a motion for reconsideration of a
decision invalidating a law must be decided by the
concurrence of a majority of its members; a deadlock in
deciding the motion will sustain the constitutionality of the
law even though it has been previously declared
unconstitutional by a majority vote.

1.
2.
3.

Limitations imposed by law on the rule-making power of

the Supreme Court:
Provide a simplified and inexpensive procedure for speedy
disposition of cases;
Uniform for all courts in the same grade; and
Shall not diminish, increase or modify substantive rights.
Power of administrative supervision of the SC involves the
following:
1. Administrative supervision over all courts and the
personnel thereof. The Supreme Court en banc
shall have the power to discipline judges of lower
courts or order their dismissal by a vote of a
majority of the members who actually took part in
the deliberations on the issues and voted thereon.
2. The power to hear by the SC en banc of
administrative cases includes only:
a. Dismissal of a judge, officer, or employee of the
Judiciary;
b. Disbarment of lawyers;

c. Suspension of those for more than one year; or

d. Fine exceeding P10, 000.
Original and Appellate Jurisdiction
The Supreme Court shall have the power to exercise
original jurisdiction over cases affecting ambassadors,
other public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto, and
habeas corpus. It now also has original jurisdiction over
petitions for writ of amparo and writ of habeas data.
Supreme Court shall have the power to review, revise,
reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and
orders of lower courts in:
1. All cases in which the constitutionality or validity of
any treaty, international or executive agreement,
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question;
2. All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
relation thereto;
3. All cases in which the jurisdiction of any lower
court is in issue;
4. All criminal cases in which the penalty imposed is
reclusion perpetua or higher; and
5. All cases in which only an error or question of law
is involved.
F. JUDICIAL PRIVILEGE
In the Judiciary, privileges against disclosure of official
records create a hierarchy of rights that protect certain
confidential relationships over and above the publics
evidentiary need or right to every mans evidence.
Accordingly, certain information contained in the records
of cases before the Supreme Court are considered
confidential and are exempt from disclosure. To reiterate,
the need arises from the dictates of the integrity of the
Courts decision-making function which may be affected
by the disclosure of information.
Invoke judicial privilege
A Justice of the court or a judge may invoke judicial
privilege in the Senate sitting as an Impeachment Court, for
proceedings in the performance of his or her own judicial
functions. What applies to magistrates applies with equal
force to court officials and employees who are privy to
these deliberations. They may likewise claim exemption
when asked about this privileged information.
Concept of deliberative process privilege
The deliberative process privilege protects from disclosure
documents reflecting advisory opinions, recommendations
and deliberations that are component parts of the process
for formulating governmental decisions and policies.
Needed to qualify for protection under the deliberative
process privilege
The agency must show that the document is both 1. Predecisional and 2. Deliberative. Communications are
considered pre-decisional if they were made in the attempt
to reach a final conclusion. On the other hand, the key
question in determining whether the material is deliberative
in nature is whether disclosure of the information would
discourage candid discussion within the agency.

Coverage of Judicial Privilege

The following are privilege documents or communications,
and are not subject to disclosure:
1. Court actions such as the result of the raffle of cases
and the actions taken by the Court on each case
included in the agenda of the Courts session on
acts done material to pending cases, except where
a party litigant requests information on the result
of the raffle of the case, pursuant to Rule 7, Sec 3
of the Internal Rules of the Supreme Court;
2. Court Deliberations or the deliberations of the
Members in court sessions on cases and matters
pending before the Court;
3. Court records which are pre-decisional and
deliberative in nature, in particular, documents
and other communications which are part of or
related to the deliberative process;
4. Confidential information secured by justices,
judges, court officials and employees in the course
of their official functions, mentioned in 2 and 3
above, are privileged even after their term of
office;
5. Records of cases that are still pending for decision
are privileged materials that cannot be disclosed,
except only for pleadings, orders and resolutions
that have been made available by the court to the
general public;
6. The principle of comity or inter-departmental
courtesy demands that the highest officials of each
department be exempt from the compulsory
processes of the other departments; and
7. These privileges belong to the Supreme Court as an
institution, not to any justice or judge in his or
here individual capacity. Since the Court is higher
than the individual justices or judges, no sitting or
retired justice or judge, not even the Chief Justice,
may claim exception without the consent of the
Court.
VI. CONSTITUTIONAL COMMISSIONS
Independent constitutional commissions under the law:
1. Civil Service Commission;
2. Commission on Elections; and
3. Commission on Audit.
A.CONSTITUTIONAL
SAFEGUARDS
ENSURE
INDEPENDENCE
COMMISSIONS.

TO
OF

Constitutional safeguards to ensure the independence of the

constitutional commissions:
1. They are constitutionally created and may not be
abolished by statute;
2. Each is expressly described as independent;
3. Each is conferred certain powers and functions
which cannot be withdrawn or reduced by statute;
4. The Chairmen and members cannot be removed
except by impeachment;
5. The Chairmen and members are given a fairly long
term of office of 7 years;
6. The Chairmen and members may not be reappointed
or appointed in an acting capacity;
7. The salaries of the Chairmen and members are fixed
by law and may not be decreased during their
continuance in office;

8. The Commissions enjoy fiscal autonomy;

9. Each Commission may promulgate its own
procedural rules, provided they do not diminish,
increase or modify substantive rights;
10. The Chairmen and members are subject to certain
disqualifications calculated to strengthen their
integrity; and
11. The Commissions may appoint their own officials
and employees in accordance with Civil Service
Law.
Civil Service Commission
Functions and Powers of the CSC
1. To establish a career service;
2. To adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and
courtesy in the Civil Service;
3. To strengthen the merit and rewards system;
4. To integrate all human resources development
programs for all levels and ranks; and
5. To institutionalize a management climate conducive
to public accountability.
Commission on Elections
Functions and Powers of the COMELEC
1. Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum or recall;
2. Exclusive original jurisdiction over all contests
relating to the election, returns and qualifications
of all elective regional, provincial and city
officials. Exclusive appellate jurisdiction over all
contests involving elective municipal officials
decided by RTC, or involving elective barangay
officials decided by the MTC. Decisions, final
orders, or rulings of the Commission on election
contests involving elective municipal and
barangay offices shall be final, executory and
unappealable;
3. Decide, save those involving the right to vote, all
questions
affecting
elections,
including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters;
4. Deputize with the concurrence of the President, law
enforcement agencies and instrumentalities for the
exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible locations;
Note: The Commission has no authority to discipline them
and can only recommend the disciplinary action to the
President.
5. Register, after sufficient publication, political
parties, organizations or coalitions which must
present their platform or program of government;
6. File, upon a verified complaint, or on its own
initiative, petitions in court for the inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
elections laws;
7. Recommend to Congress effective measures to
minimize election spending, including limitation
of places where propaganda materials shall be
posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and
nuisance candidates;

8. Recommend to the President the removal of any

officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to its
directive, order, or decision; and
9. Submit to the President and Congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum or
recall.
Commission on Audit
Powers and Duties of the COA
1. To examine and audit all forms of government
revenue;
2. To examine and audit all forms of government
expenditures;
3. To settle government accounts;
4. To define the scope and techniques for its own
auditing procedures;
5. To promulgate accounting and auditing rules
including those for the prevention an
disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures; and
6. To decide administrative cases involving
expenditure of public funds.
Note: The Auditor Generals (COA) function of auditing
expenditures of funds pertaining to the Government is
limited to a determination of whether there is a law
appropriating funds for a given purpose and whether
payment therefor has been authorized by the officials of the
bureau. Even if the contract is unwise, he has no discretion
to disapprove payment.
B. PROHIBITED OFFICES AND INTERESTS
No Member of a Constitutional Commission shall, during
his tenure:
1. Hold any other office or employment;
2. Engage in the practice of any profession;
3. Engage in the active management and control of any
business which in any way may be affected by the
functions of his office; and
4. Be financially interested, directly or indirectly, in
any contract with, or in any franchise or privilege
granted by the government, any of its
subdivisions, agencies or instrumentalities,
including government-owned and controlled
corporations or their subsidiaries.
C. JURISDICTION OF EACH CONSTITUTIONAL
COMMISSION
Civil Service Commission
Jurisdiction of the CSC
The Civil Service embraces all branches, subdivisions,
instrumentalities, and agencies of the government,
including government-owned and controlled corporations
with original charters.
Note: Under the 1987 Constitution, the government-owned
and controlled corporations included in the civil service are
only those created by special law, or granted legislative
charters, and not organized under the Corporation Code.
Their subsidiaries, if organized under the general
corporation law, are not covered.
The COMELEC has exclusive original jurisdiction over all
contest relating to the election, returns and qualifications of

all elective regional, provincial and city officials and

exclusive appellate jurisdiction over all contests involving
elective municipal officials decided by RTC, or involing
elective barangay officials decided by the MTC. It also has
exclusive jurisdiction over pre-proclamation controversies
arising from national, regional, or local elections. The
COMELEC, through any of its Divisions, shall also have
exclusive original jurisdiction over all election protests
involving elective regional (the autonomous regions),
provincial, and city officials.
The power to fix the date of elections is essentially
legislative in nature. The constitutional power of
COMELEC, in contrast with the power of Congress to call
for and to set the date of elections, is limited to enforcing
and administering all laws and regulations relative to the
conduct of an election. COMELEC has no power to call for
the holding of special elections unless pursuant to a
specific statutory grant.
Commission on Audit
The COA shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the
revenue and receipts of, and expenditures or uses of funds
and property, owned or held in trust by, or pertaining to, the
government or any of its subdivisions, agencies or
instrumentalities, including GOCCs with special charters.
It also has post-auditing authority over:
1. Constitutional bodies, commissions and offices that
have been granted fiscal autonomy under the
Constitution;
2. Autonomous state universities and colleges;
3. Other GOCCs and their subsidiaries;
4. Such non-government entities receiving subsidy or
equity, directly or indirectly from or through the
government which are required by law or by the
granting institution to submit to such audit as a
condition of subsidy or equity.
Note: No law shall be passed exempting any entity of the
Government, or any investment of public funds, from the
jurisdiction of the Commission on Audit.
Post-auditing authority of the Commission on Audit
Post-audit includes a final determination that the
transaction is not illegal, irregular, extravagant, excessive,
unconscionable or unnecessary. In general and wherever
practical, the scope of post-audit work covers all areas
identified in the risk assessment and embraces financial,
compliance and value for money audits. Transactions
subjected to pre-audit shall be post-audited without
reperforming the audit procedures previously undertaken in
pre-audit, unless there is compelling reason to reperform
the same.
The Constitution vests in the COA audit jurisdiction over
government-owned and controlled corporations with
original charters, as well as government-owned or
controlled corporations without original charters. GOCCs
with original charters are subject to COA pre-audit, while
GOCCs without original charters are subject to COA postaudit. GOCCs without original charters refer to
corporations created under the Corporation Code but are
owned or controlled by the government. The nature or
purpose of the corporation is not material in determining
COAs audit jurisdiction. Neither is the manner of creation
of a corporation, whether under a general or special law.

The determining factor of COAs audit jurisdiction is

government ownership or control of the corporation.
LGUs, though granted local fiscal autonomy, are still
within the audit jurisdiction of the COA.
The Constitution, by express provision, vests the COA with
the responsibility for state audit. As an independent
supreme state auditor, its audit jurisdiction cannot be
undermined by any law. Indeed, under art IX D Sec 3 of
the 1987 Constitution, no law shall be passed exempting
any entity of the Government or its subsidiary in any guise
whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit.
D.REVIEW OF FINAL ORDERS, RESOLUTIONS,
AND DECISIONS
Rendered in the Exercise of Quasi-Judicial Functions
Judgments or final orders of quasi-judicial agencies may be
appealed to the Court of Appeals within 15 days from
notice thereof.
Note: Judgments and final order or resolutions of the
COMELEC and the COA may be brought by the aggrieved
party to the SC on certiorari under Rule 65. A decision,
order or resolution of a division of the COMELEC must be
reviewed by the COMELEC en banc via a motion for
reconsideration before the final en banc decision may be
brought to the SC on certiorari. The pre-requisite filing of a
motion for reconsideration is mandatory.
Decisions and Orders of the NLRC are not appealable, but
may only be reviewed by the CA through the special
remedy of certiorari. The SC ruled that:
1. The way to review NLRC decision is through the
special civil action of certiorari under Rule 65;
2. The jurisdiction of such action belongs both to the
SC and CA;
3. In line with the doctrine of hierarchy of courts, the
petition should be initially presented to the lower
court of the two courts, that is the CA.
The COMELECs exercise of its quasi-judicial powers is
subject to the following rules:
1. All election cases, including pre-proclamation
controversies, shall be decided by the COMELEC
in division; and
2. The motion for reconsideration shall be decided by
the COMELEC en banc.
Generally, only decisions en banc may be brought to the
Supreme Court by certiorari under Rule 65. The Supreme
Court has no power to review on certiorari an interlocutory
order or even a final resolution issued by a Division of the
COMELEC. However, the exception to this rules is that the
Supreme Court may take cognizance of a petition for
certiorari under Rule 64 to review an interlocutory order
issued by a Division of the COMELEC on the ground of
the issuance being made without jurisdiction or in excess of
jurisdiction or with grave abuse of discretion amounting to
lack or excess of jurisdiction when it does not appear to be
specifically provided under the COMELEC Rules of
Procedure that the matter is one that the COMELEC en
banc may sit and consider, or a Division is not authorized
to act, or the members of the Division unanimously vote to

refer to the COMELEC en banc. Of necessity, the

aggrieved party can directly resort to the Court because the
COMELEC en banc is not the proper forum in which the
matter concerning the assailed interlocutory order can be
reviewed.
Rendered in the Exercise of Administrative Functions
The certiorari jurisdiction of the SC is limited to decisions
rendered in actions or proceedings taken cognizance of by
the Commissions in the exercise of their adjudicatory or
quasi-judicial functions. It does not refer to purely
executive powers. Hence, questions arising from the award
of a contract for construction of voting booths can be
brought before the trial court.
The prosecution of election law violators involves the
exercise of the COMELECs administrative powers. Thus,
the COMELEC en banc can directly approve the
recommendation of its Law Department to file the criminal
information for double registration against violators.

the public in general, as distinguished from those of a

particular class. Lawful means mandates that the means
employed are reasonably necessary for the accomplishment
of the purpose, and not unduly oppressive on individuals.
Requisites for the valid exercise of the power of eminent
domain
1. Necessity that is of public character;
2. The subject of the exercise must be private property
except money and choses in action;
3. There must be a taking of the private property by
the government, whether actual or constructive;
4. The taking must be for public use;
5. The owner of the private property must be paid just
compensation for the property taken; and
6. Due process must be observed in the taking of the
property.
If it is a grant of specific authority, it is not a justiciable
question. If it is a grant of general authority, it is a
justiciable question that may be addressed to the courts.

VII BILL OF RIGHTS

A.FUNDAMENTAL POWERS OF THE STATE
The inherent powers of the state are police power, the
power of eminent domain and the power of taxation. They
are considered inherent because they are incidents of
sovereignty and do not depend on the law or the
Constitution to be recognized or enforced.
Concept, Application and Limits
Police power is the most essential, consistent and
illimitable power of the State which enables it to prohibit
hurtful things to the comfort, safety and welfare of the
society. It is based on the law of overruling necessity which
means that the state has the power to restrain and regulate
the use of liberty and property for the promotion of public
welfare.
The power of eminent domain is the power of the State to
forcibly take private property for public use upon payment
of just compensation. It is based on the necessity of the
property for public use.
The power to tax is inherent in the State in order to raise
revenues to defray the expenses of the government or for
any public purpose. Well-settled is the principle that taxes
are imposed for the support of the government in return for
the general advantage and protection which the government
affords to taxpayers and their property. Taxes are the
lifeblood of the government. It is imperative that the power
to impose them to be clothed with the implied authority to
devise ways and means to accomplish their collection in
the most effective manner. Without this implied power the
end of government may falter or fail.
It is a process by which the government, through its
legislative branch imposes and collects revenues to defray
the necessary expenses of government, to be able to carry
out, in particular, any and all projects that are supposed to
be for the common good.
Requisites for Valid Exercise
The requisites for the lawful exercise of police power are
lawful subject and lawful means. Lawful subject means
that the power will be exercised to promote the interests of

Necessity within the rule that the particular property to be

expropriated must be necessary, does not mean an absolute
but only a reasonable or practical necessity, such as would
combine the greatest benefit to the public with the least
inconvenience and expense to the condemning party and
the property owner consistent with such benefit.
Requisites for the acting taking of property for purposes of
exercising the power of eminent domain:
1. Expropriator must enter a private property;
2. Entry must not be for a momentary period only;
3. Entry must be under a warrant or color of authority;
4. Property must be devoted to public use or otherwise
informally appropriated or injuriously affected;
and
5. Utilization of the property must be in such a way as
to oust the owner and deprive him of beneficial
enjoyment of the property.
Compensable taking includes destruction, restriction,
diminution, or interruption of the rights of ownership or of
the common and necessary use and enjoyment of the
property in a lawful manner, lessening or destroying its
value. It is neither necessary that the owner be wholly
deprived of the use of his property, nor material whether
the property is removed from the possession of the owner,
or in any respect changes hands.
Requisites for the valid exercise of the power of taxation:
1. It must be exercised for a public purpose;
2. It is a power which only the Congress generally
exercises except in cases of valid delegation;
3. It can only be exercises over subjects within the
Philippine territory;
4. The Republic and its political subdivisions are
exempt from tax; and
5. The exercise of the power must recognize
international comity in taxing foreign subjects.
The Constitutional limitations on the power to tax are the
following:
1. Due process of law;
2. Equal protection of law;

3. Uniformity, equitability, and progressivity of

taxation;
4. Non-impairment of contracts;
5. Non-imprisonment for non-payment of poll tax;
6. Revenue and tariff bills must originate in the House
of Representatives;
7. Non-infringement of religious freedom;
8. Tax exemption of properties actually, directly and
exclusively used for religious, charitable and
educational purposes;
9. Majority vote of all the member of Congress
required in case of legislative grant of tax
exemptions;
10. Non-impairment of the Supreme Courts
jurisdiction in tax cases; and
11. Tax exemption of revenues and assets of,
including grants, endowments, donations, or
contributions to, educational institutions.
Similarities of police power, power of eminent domain and
the power of taxation are the following:
1. Inherent in the State as necessary attributes of
sovereignty, exercised even without need of
express constitutional grant;
2. Necessary and indispensable; State cannot be
effective without them;
3. Enduring and indestructible as the State itself;
4. Methods by which State interferes with private
property;
5. Presuppose equivalent compensation; and
6. Exercised primarily by the legislature.
Distinctions of the police power, power of eminent domain
and the power of taxation
Police power
Regulates both
liberty and
property

Eminent Domain
Taxation
As to the scope
Affects only property rights

As to exercising authority
Exercised only by May be delegated Exercises only by
the Government
to private entities
the Government
As to purpose for the exercise of the power
Public necessity
Necessity of the
Public necessity;
and the right of
public for the use
life blood theory
the State and of
of private
the public to selfproperty
preservation and
self-protection
As to the subject of the exercise of the power
Property is
Property is wholesome and is devoted
noxious or
to public use or purpose
intended for a
noxious purpose
and as such taken
and destroyed.
As to compensation given to the owner of the property
Compensation is
Compensation is
Compensation is
the intangible,
the full and fair
the protection and
altruistic feeling
equivalent of the
public
that the
property taken.
improvements
individual has
instituted by the
contributed to the
government for
public good.
the taxes paid.

Delegation
It bears stressing that police power is lodged primarily in
the National Legislature. It cannot be exercised by any
group or body of individuals not possessing legislative
power.
The National Legislature, however, may delegate this
power to the President and administrative boards as well as
the lawmaking bodies of municipal corporations or local
government units. Once delegated, the agents can exercise
only such legislative powers as are conferred on them by
the national lawmaking body.
The power of eminent domain is lodged in the legislative
branch of government.
The legislative branch of government may delegate the
exercise thereof to LGUs, other public entities and public
utilities. An LGU may therefore exercise the power to
expropriate private property only when authorized by
Congress and subject to the latters control and restraints
imposed through the law conferring the power or in other
legislations. In this case, RA 7160, Sec 19, which
delegates to LGUs the power of eminent domain, also lays
down the parameters for its exercise. Thus, the following
essential requisites must concur before an LGU can
exercise the power of eminent domain:
1. An ordinance is enacted by the local legislative
council authorizing the local chief executive, in
behalf of the LGU, to exercise the power of
eminent domain or pursue expropriation
proceedings over a particular private, property;
2. The power of eminent domain is exercised for
public use, purpose or welfare, or for the benefit
of the poor and the landless;
3. There is payment of just compensation, as required
under Sec 19, Art III of the Constitution, and other
pertinent laws; and
4. A valid and definite offer has been previously made
to the owner of the property sought to be
expropriated, but said offer was not accepted.
What is required by law is an ordinance, not a resolution. A
resolution is merely an expression of a sentiment or
opinion of a law-making body on a specific matter.
It is a power that his purely legislative and which the
central legislative body cannot delegate either to the
executive or judicial department of government without
infringing upon the theory of separation of powers.
The rules which forbids the delegation of the power of
taxation is not absolute and inflexible. It admits of
exceptions, to wit:
1. Delegations to local governments (to be exercised
by the local legislative bodies thereof) or political
subdivisions;
2. Delegations allowed by the Constitution; and
3. Delegations relating merely to administrative
implementation that may call for some degree of
discretionary powers under a set of sufficient
standards expressed by law.
B. PRIVATE ACTS AND THE BILL OF RIGHTS

A violation of the Bill of Rights precisely as a

constitutional guarantee can be done only by public
officials. But almost all these liberties are also guaranteed
by Civil Code, Art. 32 thus making private violations
actionable even if the violation does not have a
constitutional consequence.
In the absence of governmental interference, the liberties
guaranteed by the Constitution cannot be invoked against
the State.
C. DUE PROCESS

accept the views of a subordinate in arriving at a

decision; and
7. The board or body should, in all controversial
questions, render its decision in such a manner
that the parties to the proceedings can know the
various issues involved, and the reason for the
decision rendered.
The difference between substantive due process and
procedural due process are the following:

Procedural and Substantive Due Process

The aspects of due process are substantive due process and
procedural due process. Substantive due process serves as a
restriction on the governments law and rule-making
powers. Procedural due process serves as a restriction on
actions of judicial and quasi-judicial agencies of the
government; a guarantee of procedural fairness.

Procedural
As to the nature
Requires that the law itself, Method or manner by which
not merely the procedure by
the law is enforced
which the law would be
enforced, is fair, reasonable
and just.
As to who must comply with the requirement
Directed to the lawmakers
Addressed to those who
adjudicate
As to the requirements to be complied with
Implies fundamental
Right to be notified and
notions of fairness and
heard
justice

Requisites of substantive due process:

1. The interests of the public in general, as
distinguished from those of a particular class,
require the intervention of the State; and
2. The means employed are reasonably necessary for
the accomplishment of the purpose and not unduly
oppressive on individuals.

Constitutional and Statutory Due Process

Constitutional due process protects the individual from the
government and assures him of his rights in criminal, civil
or administrative proceedings; while statutory due process
found in the Labor Code and Implementing Rules protects
employees from being unjustly terminated without just
cause after notice and hearing.

The two aspects of procedural due process are the

following:
1. Procedural due process in judicial proceedings; and
2. Procedural due process in administrative
proceedings.

Hierarchy of Rights
The primacy of human rights over property rights is
recognized because these freedoms are delicate and
vulnerable, as well as supremely precious in our society
and the threat of sanctions may deter their exercise almost
as potently as the actual application of sanctions. Further,
the SC held that human rights are imprescriptible.

Relativity of Due Process

The concept of due process is flexible for not all situations
calling for procedural safeguards call for the same kind of
procedure.

Requisites of procedural due process in judicial

proceedings are:
1. An impartial court or tribunal clothed with judicial
power to hear and determine the matters before it;
2. Jurisdiction properly acquired over the person of the
defendant and over property which is the subject
matter of the proceeding;
3. Opportunity to be heard; and
4. Judgment rendered upon lawful hearing and based
on evidence adduced.
Requisites of procedural due process in administrative
proceedings are:
1. The right to a hearing, which includes the right to
present ones case and submit evidence in support
thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself;
4. The evidence must be substantial;
5. The decision must be rendered on the evidence
presented at the hearing, or at least contained in
the record and disclosed to the parties affected;
6. The tribunal or body or any of its judges must act on
its or his own independent consideration of the
law and facts of the controversy and not simply

Substantive

Freedom of expression ranks in the hierarchy of

constitutional rights higher than property.
Free exercise of religious profession or belief is superior to
contract rights. Religious freedom, although not unlimited,
is a fundamental personal right and liberty, and has a
preferred position in the hierarchy of values.
Standards of Judicial Review in Relation to Due Process
The different standards of review relating to due process
are strict scrutiny test, intermediate review test, and
rational basis test.
1. Strict scrutiny is a standard of judicial review for
determining the quality and the amount of
governmental interest brought to justify the
regulation of fundamental freedoms. The focus is
on the presence of compelling, rather than
substantial, governmental interest and on the
absence of less restrictive means for achieving
that interest. It is used for laws dealing with
freedom of the mind or restricting the political
process.
2. Intermediate review is a standard that is satisfied
when it is shown that a classification or legislation

is substantially related to an important

government objective. The availability of less
restrictive alternatives is considered.
3. Rational basis or deferential review is satisfied
when it is shown that the legislative classification
is rationally related to achieving some legitimate
State interest. In the areas of social and economic
policy, a statutory classification that neither
proceeds along suspect lines nor infringes
constitutional rights must be upheld against equal
protection challenge if there is any reasonably
conceivable state of facts that could provide a
rational basis for the classification.
Void-for-Vagueness Doctrine
When a statute forbids or requires the doing of an act in
terms so vague that men of common intelligence must
necessarily guess at its meaning and differ as to its
application, that law is deemed void. Such kind of statute
violates the first essential of due process of law because it
denies the accused the right to be informed of the charge
against him.

Congress. It applies to legislative classifications in general,

such as those pertaining to economic or social legislation.
Strict Scrutiny Test
A legislative classification which impermissibly interferes
with the exercise of a fundamental right or operates to the
peculiar disadvantage of a suspect class is presumed
unconstitutional, and the burden is upon the government to
prove that the classification is necessary to achieve a
compelling state interest and that it is the least restrictive
means to protect such interest.
Strict scrutiny is used today to test the validity of laws
dealing with the regulation of speech, gender, or race as
well as other fundamental rights as expansion from its
earlier applications to equal protection.
Intermediate Scrutiny Test
It is used as a test for evaluating classifications based on
gender and legitimacy. The government must show that the
challenged classification serves an important state interest
and that the classification is at least substantially related to
serving that interest.

D.Equal Protection
Concept
The right to equal protection provides that all persons or
things similarly situated must be similarly treated both as to
rights conferred and responsibilities imposed. What the
Constitution requires is equality among equals. The
guaranty of the equal protection clause is not violated by a
legislation based on a reasonable classification. Although
the equal protection clause of the Constitution does not
forbid classification, it is imperative that the classification
should be based on real and substantial differences having
a reasonable relation to the subject of the particular
legislation.
Requisites for Valid Classification:
1. Such classification rests upon substantial
distinctions;
2. It is not confined to existing conditions only;
3. It applies equally to all members of the same class;
and
4. It is germane to the purposes of the law.
Standards of Judicial Review in Relation to the Equal
Protection Clause
Test of judicial review are:
1. Rational basis test
2. Strict scrutiny test
3. Intermediate scrutiny test
Rational Basis Test
The rational basis test is described as adopting a
deferential attitude towards legislative classifications.
This deference comes from the recognition that
classification is often as unavoidable element of the task of
legislation which, under the separation of powers embodied
in our Constitution, is primarily the prerogative of

Note: The Court should accept the legislative end, but

should closely scrutinize its relationship to the
classification made. There exist classifications that are
subjected to a higher or intermediate degree of scrutiny
than the deferential or traditional rational basis test. These
classifications, however, have not been deemed to involve
suspect classes or fundamental rights; thus, they have not
been subjected to the strict scrutiny test. In other words,
such classifications must be substantially related to a
sufficiently important governmental interest.
E. SEARCHES AND SEIZURE
Concept
The right against unreasonable searches and seizures
affords protection to the following:
1. The sanctity and privacy of a person himself; and
2. The inviolability of a persons home and his
possessions.
All person may invoke the right. It is a popular right, hence
it protects all persons, including aliens and to a limited
exent, artificial persons.
Searches and seizures are normally unreasonable unless
authorized by a validly issued search warrant or warrant of
arrest. Thus, the fundamental protection given by the
search and seizure clause is that between person and police
must stand the protective authority of a magistrate clothed
with power to issue or refuse to issue search warrants or
warrants of arrest.
Warrant Requirement
Requisites for the issuance of a valid warrant are:
1. A determination of probable cause;

2.