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I.

GENERAL PRINCIPLES
1. POLITICAL LAW –
branch of public law which deals with the organization and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory.

2. POLITICAL LAW DISTINGUISHED from CONSTITUTIONAL LAW
POLITICAL LAW – branch of pulic law which deals with the organization and
operation of governmental organs of the states and defines the relation of the State
with the inhabitants of its territory.
CONSTITUTIONAL LAW- study of proper maintenance of the proper
balancebetween authority as represented by the three inherent power of the State
and liberty as guaranteed by the Bill of Rights.

3. SCOPE/DIVISIONS of POLITICAL LAW
1. Constitutional Law - The study of the maintenance of the proper balance
between authority as represented by the three inherent powers of the State and
liberty as guaranteed by the Bill of Rights.

2. Administrative Law - That branch of public law which fixes the organization of
government, determines the competence of the administrative authorities who
execute the law, and indicates to the individual remedies for the violation of his
rights.
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws.

4. BASIS of the STUDY

1. 1987 Constitution;
2. 1973 and 1935 Constitution;
3. Other organic laws made to apply to the Phillipines (Philippines Bill of 1902,
Jones Law of 1916 and Tydings-Mcduffie Law of 1934);
4. Statues, executive orders and decrees and judicial decisions; and
U.S. Constitution.

5. THE PHILIPPINES CONSTITUTION

CONSTITUTION
That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised [Cooley, Constitutional Limitations,
p. 4];

With particular reference to the Constitution of the Philippines: That
written instrument enacted by direct action of the people by which the
fundamental powers of the government are established, limited; and

Defined by which those powers are distributed among the several
departments for their safe and useful exercise for the benefit of the body
politic [Malcolm, Philippine Constitutional Law, p. 6].

6. FUNCTION of a CONSTITUTION

1. Prescribe permanent framework of a system of government;
2. Assign to several departments their repective power and duties
3. Establish certain first principle on which the government is founded

7. CLASSIFICATION

1. WRITTEN - precept are embodied in one document/set of documents
UNWRITTEN - rules which have not been integrated into single, concrete form
but are scattered in various sources (statutes, judicial decisions, commentaries,
customs and tradition, common law principle)
2. ENACTED (CONVENTIONAL) – formally struck off at a definite time and
place following a conscious or deliberate effort taken by a constituent body or
ruler.
EVOLVED (COMULATIVE) – result of political evolution, changing by
accretion rather than by any systematic method.
3. RIGID – amended only by formal and usually difficult process.
FLEXIBLE – changed by ordinary legislation.

8. QUALITIES OF A GOOD WRITTEN CONSTITUTION

1. BROAD - Not just because it provides for the organization of the
entiregovernment and covers all persons and things within the territory of the
State but because it must be comprehensive enough to provide for every
contingency.

2. BRIEF - It must confine itself to basic principles to be implemented with
legislative details more adjustable to change and easier to amend.

3. DEFINITE - To prevent ambiguity in its provisions which could result in
confusion and divisiveness among the people.

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION
1. Constitution of Liberty - The series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing limitations on
the powers of government as a means of securing the enjoyment of those rights,
e.g., Art. III.

2. Constitution of Government - The series of provisions outlining the
organization of the government, enumerating its powers, laying down certain
rules relative to its administration, and defining the electorate, e.g., Arts. VI, VII,
VIII and IX.

3. Constitution of Sovereignty -The provisions pointing out the mode or
procedure in accordance with which formal changes in the fundamental law may
be brought about, e.g., Art. XVII.

9. INTERPRETATION/CONSTRUCTION OF THE CONSTITUTION

1. Verba legis - given their ordinary meaning except where technical terms are
employed.
2. Ratio legis et anima - ambiguity - intent of the framers, bearing in mind the
objects sought to be accomplished and evils sought to be prevented; doubtful
provision shall be examined in light of the history of the times and the conditions
and circumstances under which the Constitution was framed.
3. Ut magis valeat quam pereat - Constitution to be interpreted as a whole.

- Safer to construe the Constitution from what “appears upon its face.” If, however, the
plain meaning of the word is not found to be clear, resort to other aids is available.
- In case of doubt, consider provisions as self-executing; mandatory rather than directory;
and prospective rather than retroactive.
- Self-executing provisions: one that lays down principle is usually not self-executing.
That which is complete in itself and becomes operative without the aid ofsupplementary
or enabling legislation, or that which supplies a sufficient rule by means of which the
right it grants may be enjoyed or protected, is self-executing.
- Self-executing if the nature and extent ofthe right conferred and liability imposed are
fixed by the Constitution itself.

if not willed. permanently occupying a definite portion of territory. to wit: Finally. 1992 As pointed out by Justice Isagani Cruz. if any. Thus these are the cases where the need for construction is reduced to a minimum. it should be observed that the provisions of the Constitution should be given only a prospective application unless the contrary is clearly intended. THE PHILIPPINES AS STATE 1. The object is to ascertain the reason which induced the framers of the Constitution to enact the particular provision and the purpose sought to be accomplished thereby. but that is where we begin. namely: First. De Leon. The words of the Constitution should be interpreted in accordance with the intent of its framers. Comelec. in order to construe the whole as to make the words consonant to that reason and calculated to effect that purpose. November 10. ut magis valeat quam pereat. its language as much as possible should be understood in the sense they have in common use. GR No. Tuason & Co. L-41314 November 13. it has been held that the Court in construing a Constitution should bear in mind the object sought to be accomplished by its adoption. Thus.settled principles of constitutional construction.Section 26. the Supreme Court made reference to the use of well.37 (Emphasis and underscoring supplied) Second. that said provision should function to the full extent of its substance and its terms. Thus. v.M. rights already acquired or vested might be unduly disturbed or withdrawn even in the absence of an unmistakable intention to place them within the scope of the Constitution. the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. STATE defined State . sought to be prevented or remedied.R. Like the rest of the policies enumerated in Article II. ratio legis est anima. wherever possible. Were the rule otherwise. As the Constitution is not primarily a lawyer's document. more or less numerous. Article II of the Constitution neither bestows a right nor elevates the privilege to the level of an enforceable right. No. it being essential for the rule of law to obtain that it should ever be present in the people's consciousness. What it says according to the text of the provision to be construed compels acceptance and negates the power of the courts to alter it. Executive Secretary38 in this wise: A foolproof yardstick in constitutional construction is the intention underlying the provision under consideration. speaking through Chief Justice Enrique Fernando. verba legis.36 this Court. No. and possessing a . They are to be given theirordinary meaning except where technical terms are employed in which case the significance thus attached to them prevails. G. The Constitution is to be interpreted as a whole. April 13. In Francisco v. Thus. based on the postulate that the framers and the people mean what they say. II.42 this Court. It is to be assumed that the words in which constitutional provisions are couched express the objective sought to be attained. but in conjunction with all other provisions of that great document. independent of external control. 160261. through Chief Justice Manuel Moran declared: x x x [T]he members of the Constitutional Convention could not have dedicated a provision of our Constitution merely for the benefit of one person without considering that it could also affect others. 2004]. House of Representatives. 2003. in J.39 (Emphasis and underscoring supplied) Finally. not by itself alone.R. the provision does not contain any judicially enforceable constitutional right but merely specifies a guideline for legislative or executive action. where there is ambiguity. they permitted. Land Tenure Administration. that is. G. A doubtful provision will be examined in the light of the history of the times. in Chiongbian v. When they adopted subsection 2.A community of persons. . We do not of course stop there. and the condition and circumstances under which the Constitution was framed. Inc. declared: We look to the language of the document itself in our search for its meaning. And so did this Court apply this principle in Civil Liberties Union v.. The disregard of this provision does not give rise to any cause of action before the courts [Pamatong v.43 (Emphasis and underscoring supplied) Union Carbide Labor Union vs Union Carbide Phil. and the evils. 161872.

” CITIZEN Sec 1. with all the islands and waters embraced therein.. 1] b. the subsoil. all citizens may be required. and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce.” Sec 7. II “The prime duty of the Government is to serve and protect the people. The National Territory “The national territory comprises the Philippine archipelago. the seabed. of both sexes for perpetuity. Art. PEOPLE INHABITANTS Sec 2.” As requisite for Statehood: Adequate number for self-sufficiency and defense. government to which a great body of inhabitants render habitual obedience. 42 SCRA STATE is a legal or juristic concept. Art. Access to official records. and other submarine areas” [Sec. in the fulfillment thereof. to render personal military or civil service. Art. 2. The Government may call upon the people to defend the State and. and particularly describing the place to be searched and the persons or things to be seized. II “The Philippines is a democratic and republican State. VII “The President and the Vice-President shall be elected by direct vote of the people. as well as to government research data used as basis for policy development. NATION is an ethnic or racial concept. Campos Rueda. shall be afforded the citizen. and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.. transactions. 2. papers. Art. the insular shelves. or decisions. Art. including its territorial sea. III “The right of the people to be secure in their persons. See: Collector of Internal Revenue v.” ELECTORS Sec 4. and papers pertaining to official acts. GOVERNMENT is an instrumentality of the State through which the will of the State is implemented and realized. Art. subject to such limitations as may be provided by law. ELEMENTS of a STATE 1. consisting of its terrestrial. Sovereignty resides in the people and all government authority emanates from them. fluvial and aerial domains.” Sec 4. under conditions provided by law. houses. 1. TREATY LIMITS . and all other territories over which the Philippines has sovereignty or jurisdiction. and to documents. TERRITORY a. II “The right of the people to information on matters of public concern shall be recognized.

THE ARCHEPELAGO THEORY/ ARCHIPELAGIC DOCTRINE ARCHIPELAGO DOCTRINE: “The waters around. progress and prosperity of the people and which are merely optional for Government to perform. Art II d. Regalian Doctrine . Sec. actual exercise of executive powers is vested in a Prime Minister who is chosen by. and arbitral or special arbitral tribunals constituted under the UNCLOS. It may provide for the exploitation and use of lands and other natural resources. including their disposition.all agricultural. GOVERNMENT: Government of the Philippine Islands Functions of the Government Constituent – mandatory for the Government to perform because they constitute the very bonds of society Ministrant – intended to promote the welfare. Imperium – authority possessed by the State embraced in the concept of sovereignty.lands held by the State in its proprietary character. centralized government.A unitary government is asingle. except as limited by the Constitution. Dominium . exercising powers over both the internal and external affairs of the State. Presidential – separation of executive and legislative powers. FEDERAL government . UNITARY VS. Part XV of the 1982 UN Convention on the Law of the Sea requires States to settle peacefully any dispute concerning the Convention. timber and mineral lands are subject to the dominion of the State. These include the International Tribunal for the Law of the Sea (ITLOS). Art. Insular Government (1909)]. with the national government . the International Court of Justice. and accountable to the Parliament. Doctrine of Parens Patriae : parents of the people . 286 provides that any dispute shall be submitted for compulsory settlement to one of the tribunals having jurisdiction. c.government authority possessed by the State. e. regardless of their breadth and dimensions. form part of the internal waters of the Philippines” 2nd sentence. “The universal feudal theory that all lands were held from the Crown” [Carino v. Parliamentary – fusion of both executive and legislative in Parliament. while a federal government consists of autonomous state (local) government units merged into a single State. REGALIAN THEORY (Dominium/Imperium) The Regalian Doctrine (Jura Regalia). Imperium . Dominium – capacity to acquire or own property. 3. UNCLOS Settlement of Disputes arising from the UN Convention on the Law of the Sea (UNCLOS). 1. embraced in sovereignty and its capacity to own and acquire property. Failing a bilateral settlement.the Government may act as guardian of the rights of the people who may be disadvantaged or suffering from some disability or misfortune. between and connectingthe islands of the archipelago.

legally demandable and enforceable. political laws shall automatically become effective again (doctrine of jus postliminium) Dominium – capacity to acquire or own property Imperium – authority possessed by the State embraced in the concept of sovereignty People vs. 53 SCRA 476 – Political Law – Sovereignty Loreta Gozo bought a house and lot which was located inside the US Naval Reservation which is within the territorial jurisdiction of Olongapo City. Justiciable Question A PURELY JUSTICIABLE QUESTION implies a given right. Upon the advice of an assistant in the Mayor’s Office and some neighbors. 4. Municipal laws remain in force unless repealed by belligerent occupant. Legal – power to issue final commands. or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government. POLITICAL QUESTION is a question of policy. Political laws. Internal – supreme power over everything within the territory. not legality of particular measure. and a remedy granted and sanctioned by law for said breach of right. under the Constitution. Political – sum total of all the influences which lie behind the law. Political Question vs. It is concerned with issues dependent upon wisdom. she demolished the house standing thereon without acquiring . Gozo. It refers to those questions which. At the end of belligerent occupation. municipal laws remain in force Effects of Belligerent Occupation: No change in sovereignty. SOVEREIGNTY Defined: The supreme and uncontrollable power inherent in aState by which that State is governed. are to be decided by the people in their sovereign capacity. External/Independence – freedom from external control Characteristics: 1) Permanence 2) Exclusiveness 3) Comprehensiveness 4) Absoluteness 5) Indivisibility 6) Inalienability 7) Imprescriptibility Effects of Change in Sovereignty: Political laws are abrogated. exercising a limited degree of power over the domestic affairs but generally full direction of the external affairs of the State. an act or omission violative of such right. except the law on treason. are suspended.

in the exercise of the right to visit and search. and (6) Other persons or property. diplomatic representatives and consuls to a certain degree. over which it may. Hence. example: (1) Assertion of its personal jurisdiction over its nationals abroad or the exercise of its right to punish offenses committed outside its territory against its national interests even if the offenders are nonresident aliens. to prevent infringement of its customs. (3) Acts of state (4) Foreign merchant vessels exercising the rights of innocent passage or involuntary entry such as arrival under stress (5) Foreign armies passing through or stationed in its territory with its permission. . in the exercise of its sovereignty. over pirates. Exemption: (1) Foreign states.the necessary permits and then later on erected another house. (2) By virtue of its relations with other states/territories (as when it establishes a colonial protectorate or a condominium or administers a trust territory or occupies enemy territory in the course of war). She appealed and countered that the City of Olongapo has no administrative jurisdiction over the said lot because it is within a Naval Base of a foreign country. Jurisdiction Territorial: power of the State over persons and things within its territory. but also all such ceded rights as the United States Military authorities for reasons of their own decline to make use of (Military Bases Agreement). waive jurisdiction. ISSUE: Is the Municipal Ordinance enforceable within the US Naval Base? HELD: Yes. She was convicted in violation thereof by the lower court. (7) Exercise of limited jurisdiction over the contiguous zone and the patrimonial sea. The Philippine Government retains not only jurisdictional rights not granted. (3) Local state waives jurisdiction over persons and things within its territory. Under the terms of the treaty. (4) Principle of extraterritoriality (5) Enjoyment of easements or servitudes (easement of innocent passage or arrival under stress) (6) Exercise of jurisdiction by the state in the high seas over its vessels. and under doctrine or hot pursuit. immigration or sanitary regulations. including organizations like the UN. the United States Government has prior or preferential but not exclusive jurisdiction of such offenses. head of states. including embassies. The Philippine Government has not abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of jurisdiction over offenses committed therein. She was then charged by the City Engineer’s Office for violating a municipal order which requires her to secure permits for any demolition and/or construction within the City. the State through the City of Olongapo does have administrative jurisdiction over the lot located within the US Naval Base. fiscal. (2) Foreign state property. Extraterritorial: power exercised by the State beyond its territory. by agreement. consulates and public vessels engaged in non-commercial activities.

Reagan claims that the sale took place in “foreign soil” since Clark Air Base. 54 SCRA 83]. who is deemed the personification of the State. . Such execution will require another waiver. 30 SCRA 968 – Political Law – Sovereignty William Reagan is a US citizen assigned at Clark Air Base to help provide technical assistance to the US Air Force (USAF). III. “The State cannot be sued without its consent” [Sec. Jr. 3. the Philippines merely consents that the US exercise jurisdiction in certain cases – this is just a matter of comity.912. 2. whether express or implied. there is nothing in the Military Bases Agreement that lends support to Reagan’s assertion. The sale took place within Clark Air Base. Villasor. That is the extent of its jurisdiction.600. Reagan paid the assessed tax but at the same time he sought for a refund because he claims that he is exempt. Its laws govern therein. ISSUE: Is the sale considered done in a foreign soil not subject to Philippine income tax? HELD: No. its authority may be exercised over its entire domain. its commands paramount. he.83. Par in parem non habet imperium: Immunity is enjoyed by other States. Royal Prerogative of Dishonesty.00 as shown by a Bill of Sale. is inviolable and enjoys immunity. The Head of the State. Scope of consent: consent to be sued does not include consent to the execution of judgment against it. courtesy and expediency. Within its limits. have been preserved. The Base has not become foreign soil or territory. On the other hand. certainly not excluding the power to tax. it may be sued if it gives consent. by nature of his employment. both territorial and personal. He sold it to Willie Johnson.34 and that his income tax would be P2. The Philippines is independent and sovereign.00. Two months later. As a result of this transaction. In April 1960 Reagan imported a 1960 Cadillac car valued at $6. Art. its decrees are supreme. There is no portion thereof that is beyond its power. and everyone to whom it applies must submit to its terms. for $6. is exempt from Philippine taxation. the Commissioner of Internal Revenue calculated the net taxable income of Reagan to be at P17. It is likewise noted that he indeed is employed by the USAF and his income is derived from US source but the income derived from the sale is not of US source hence taxable. The doctrine is also known as the Royal Prerogative of Dishonesty.443. There can be no legal right against the authority which makes thelaw on which the right depends [Republic v. Test to Determine if Suit is Against the State: Whether it requires an affirmative act from the state. CIR. Reagan also cited that under the Military Bases Agreement. in legal contemplation is a base outside the Philippines. XVI]. STATE IMMUNITY FROM SUIT 1. Reagan vs.797. This country’s jurisdictional rights therein. he got permission to sell the same car provided that he would sell the car to a US citizen or a member of the USAF. However.

They are subject to suit even in the performance of such functions because their respective charters provide that they can sue and be sued. In order that suit may lie against the state. Power of Taxation Similarities 1. Where no consent is shown. (Section 22 LGC) UNINCORPORATED – inquire into the principal functions of the agency. there must be consent. inherent in the state. Suit against Government Agencies INCORPORATED – if the charter provides that the agency can sue and be sued. state immunity from suit may be invoked as a defense by the courts sua sponte at any stage of the proceedings. because when the State engages in principally proprietary functions. state enters into a business contract Scope of consent: consent to be sued does not include consent to the execution of judgment against it. PRINCIPLES AND STATE POLICIES Inherent powers of the State 1. Eminent Domain 3. to secure a judgment that the officer impleaded may satisfy by himself without the State having to do a positive act to assist him. 2. Liability will have to be determined by the court on the basis of the evidence and the applicable law. then it descends to the level of a private individual. or there is a showing of bad faith. including one for tort. Municipal corporations. agencies of the state when they are engaged in governmental functions and should enjoy sovereign immunity from suit. and may therefore be vulnerable to suit. where government itself has violated its own laws. 5. VI. malice or gross negligence. without need of express constitutional grant . then suit will lie. The provision in the charter constitutes express consent on the part of the State to be sued. state commences a litigation 2. because the doctrine of state immunity “cannot be used to perpetrate an injustice” Where a public officer has committed an ultra vires act. 4. to restrain him from enforcing an act claimed to be unconstitutional. Suit Against Public Officers: The doctrine of state immunity also applies to complaints filed against officials of the State for acts performed by them in the discharge of their duties within the scope of their authority. Police Power 2. 3. then the officer can be held personally accountable. Express consent: general law or speciallaw Implied consent 1. to compel the payment of damages from an already appropriated assurance fund or to refund tax over-payments from a fund already available for the purpose. 3. to compel him to do an act required by law. If proprietary: suit will lie. 4. If governmental: no suit without consent. Such execution will require another waiver. Exceptions: (may be sued without prior consent from State) 1. Suability is not equated with outright liability.

Principle of Blending of Powers Instances when powers are not confined exclusively within one department but are assigned to or shared by several departments. . it is the full and fair equivalent of the property taken. 1. methods by which the state interferes with private property 4. 4. Doctrine of Necessary Implication Absence of express conferment. Essential features (1) Representation (2) Renovation Manifestations (1) Government of law and not of men (2) Rule of majority (3) Accountability of public officials (4) Bill of rights (5) Legislature cannot pass irrepealable laws (6) Separation of powers Purpose To prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions. Art. the property is wholesome and devoted to public use/purpose. Preamble a) Does not confer rights nor impose duties b) Indicates authorship of the Constitution c) Enumerates the primary aims and aspirations of the framers d) Serves as an aid in the construction of the Constitution B. II: “The Philippines is a democratic and republican State. Property taken in police power is usually noxious or intended for noxious purposes and may be destroyed In eminent domain and taxation. Limitations 1. Republicanism [Sec. exercised primarily by legislature Distinctions 1. In eminent domain. it is the protection given and/or public improvements instituted by government for taxes paid. Compensation in police power is the intangible. Sovereignty resides in the people and all government authority emanates from them”]. and a remedy granted and sanctioned by law for said breach of right. necessary and indispensable 3. A purely justiciable question implies a given right. presupposes equivalent compensation 5. the exercise of the power may be justified under this doctrine. Courts may annul improvident exercise of police power A. 2. Police power regulates liberty and property Eminent domain and taxation affects only property rights 2. Police power and taxation are exercised only by government Eminent domain may be exercised by private entities 3. Bill of Rights 2. In taxation. Principle of Checks and Balances This allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. altruistic feeling that the individual has contributed to the public good. an act or omission violative of such right. legally demandable and enforceable. that the grant of an express power carries with it all other powers that may be reasonably inferred from it.

No. liberty and due process. Civilian Supremacy (Sec. Art II) . Political question is a question of policy. cooperation and amity with all nations. and pacta sunt servanda [Pharmaceutical and Health Care Association of the Philippines v. referendum on statutes and referendum on local law Plebiscite: electoral process by which an initiative on the Constitution is approved or rejected by the people. the standards usually indicated in the law delegating legislative power.. freedom. adopts the generally accepted principles of international law as part of the law of the land. (2) Sufficient standard test: intended to map out the boundaries of the delegates’ authority by defining the legislative policy and indicting the circumstances under which it is up be pursued and effected. It refers to those questions which. renunciation of war as an instrument of national policy. Permissible delegation (1) Tariff powers to the president (2) Emergency powers to the president (in times of war or national emergency) (3) Delegation to the people – specific provisions where the people have reserved to themselves the function of legislation Referendum: power of the electorate to approve or reject legislation through an election called for the purpose. equality. not legality of particular measure. or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government. October 9. The Incorporation Clause (Sec. 2. e. G. Duque. Independent foreign policy and nuclearfree Philippines Expiration of Bases Agreement Renunciation of War (1) Covenant of the League of Nations (2) Kellogg-Briad Pact of 1928 (3) Charter of the United Nations Doctrine of Incorporation Our courts have applied the rules of international law in a number of cases even of such rules had not previously been subject of statutory enactments.g. 2007]. Delegation of powers Potestas delegate non potest delegare Delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. (4) Delegation to LGUs (5) Delegation to Administrative Bodies – power of subordinate legislation Tests for valid delegation (1) Completeness test: the law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. because these generally accepted principles of international law are automatically part of our own laws. 3. sovereign immunity. a person’s right to life. Art. It is concerned with issues dependent upon wisdom. justice. The phrase “generally accepted principles of international law’’ refers to norms of general or customary international law which are binding on all states. 173034.R. are to be decided by the people in their sovereign capacity. under the Constitution. and adheres to the police of peace. II) The Philippines renounces war as an instrument of national policy.

shall promulgate the necessary rules and regulations to regulate and control the use of and traffic on such roads and streets to promote safe transit upon. (Sec. all citizens may be required. 2002. Civilian authority is. liberty and property. at all times supreme over the military. in the fulfillment thereof. Art IX-C) -No sectoral representative from the religious sector (Sec. not constitutional right. (Sec. the protection of life. Issues: . 151445. the Director of Public Works adopted the resolution of the National Traffic Commission. 9. CALALANG vs. to render personal military or civil service. promote full employment. The AFP is the protector of the people and the State. and avoid obstructions on. along with Sec. April 11. adopts and pursues a policy of freedom from nuclear weapons in its territory. (Sec. or of foreign influence in general. territorial integrity. prohibiting the passing of animal drawn vehicles in certainstreets in Manila. a rising standard of living and an improved quality of life for all. Just and dynamic social order (Sec. Duty of Government (Sec. 5. Article 6: Prohibition against sectarian benefit. 26. Article 14: Optional religious instruction for public elementary and high school studies. Art II)-The Philippines consistent with the national interest. Art II). 6. with the approval of the Secretary of Public Works and Communications. 7. Art II) State shall promote a just and dynamic social order that will ensure prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services. betray a marked antipathy towards foreign military presence in the country. Art II)-The maintenance of peace and order. Art II)-State shall pursue an independent foreign policy. II. 21. Art. Art VI) -Prohibition against appropriation for sectarian benefit (Sec. Article 6: Exemption from taxation (2) Section 29(2). In Lim v. WILLIAMS 70 PHIL 726 Facts: In pursuance of Commonwealth Act 548 which mandates the Director of Public Works. 2 (5). 4. Article 14: Filipino ownership requirement to educational institutions. people to defend the State -The prime duty of the Government is to serve and protect the people. except those established by groups and mission boards. Petitioner questioned this as it constitutes an undue delegation of legislative power. Right to Bear Arms: statutory. under conditions provided by law. 5 (2). VII. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. 8. (4) Section 4(2). Independent Foreign Policy and Nuclearfree Philippines (Sec. Art II) (Sec. XVIII. 2. national interest and the right to selfdetermination. Art VI) Exceptions: (1) Section 28(3). 7 & 8. 4. Art III) -Religious sect cannot be registered as political party (Sec. No. Separation of Church and State (Sec. Sec. (3) Section 3(3). except when priest is assigned to the armed forces or to any penal institution or government orphanage or leprosarium. and Sec. Art II)-The Government may call upon the people to defend the State and. Art. the paramount consideration shall be national sovereignty. Art.R. Its goal is to secure the sovereignty of the State and integrity of the national territory. Art II) -Freedom of religion clause (Sec. roads and streets designated as national roads. Executive Secretary. the Supreme Court said that these provisions. In relations with other states. 29 (2). 5. G.

Whether or not there is a undue delegation of legislative power? Ruling: There is no undue delegation of legislative power. Art II) Promote social justice in all phases of national development. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive support of the Government. intellectual and social well- being. 10. roads and streets designated as national roads by acts of the National Assembly or by executive orders of the President of the Philippines” and to close them temporarily to any or all classes of traffic “whenever the condition of the road or the traffic makes such action necessary or advisable in the public convenience and interest. is not the determination of what the law shall be. Art II) (Sec. He also indicated that if upon his death the child is still a minor. Family and Youth (Sec. Respect for human dignity and human rights (Sec. The child was only ten years of age when Florentino died and so Francisco then took charge of Florentino’s insurance proceeds for the benefit of the child. Cabanas vs. It must depend on the discretion of some other government official to whom is confided the duty of determining whether the proper occasion exists for executing the law. It shall inculcate in the youth patriotism and nationalism. is an administrative function which cannot be directly discharged by the National Assembly. and encourage their involvement in public and civic affairs. Francisco asserted the terms of the insurance policy and that as a private contract its terms and obligations must be binding only to the parties and intended beneficiaries. 13. in view of the condition of the road or the traffic thereon and the requirements of public convenience and interest. the mother of the child Melchora Cabanas filed a complaint seeking the delivery of the insurance proceeds in favor and for her to be declared as the child’s trustee. Art II)-The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical. The authority conferred upon them and under which they promulgated the rules and regulations now complained of is not to determine what public policy demands but merely to carry out the legislative policy laid down by the National Assembly in said Act. (Sec. Commonwealth Act 548 does not confer legislative powers to the Director of Public Works. spiritual. the proceeds of his benefits shall be administered by his brother. therefore. to wit. The Constitution provides for the strengthening of the family as the basic social unit. 58 SCRA 94 – Political Law – Parens Patriae – Strengthening the Family Florentino Pilapil insured himself and he indicated in his insurance plan that his child will be his beneficiary. “to promote safe transit upon and avoid obstructions on. Promotion of Social Justice (Sec. and that whenever any member thereof such as in the case at bar . 12. 11.” The delegated power. To promulgate rules and regulations on the use of national roads and to determine when and how long a national road should be closed to traffic. but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. Pilapil. But it cannot be said that the exercise of such discretion is the making of the law. Art II) State values the dignity of every human person and guarantees full respect for human rights. ISSUE: Whether or not the state may interfere by virtue of “parens patriae” to the terms of the insurance policy. On the other hand. It shall equally protect the life of the mother and the life of the unborn from conception. Art II)-The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. moral. if at all. 12&13. HELD: Yes. Francisco Pilapil.

Art. 135 SCRA 706. teaching staff.] See also Villarv. science and technology. to foster patriotism and nationalism. In JMM Promotion and Management v. local or overseas. 15. The uncle here should not be the trustee. physical plant and facilities and administrative and management viability. Under the welfare and social justice provisions of the Constitution. discrimination against married women cannot be adopted by the employer as a general principle. Art II) State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of men and women. the Court said that the requirement that a school must first obtain government authorization before operating is based on the State policy that educational programs and/or operations shall be of good quality and.R. 5. it was held that Sec. National Labor Relations Commission. II) State affirms labor as a primary social economic force. the promotion of full employment. it should be the mother as she was the immediate relative of the minor child and it is assumed that the mother shall show more care towards the child than the uncle will. would be prejudiced and his interest be affected then the judiciary if a litigation has been filed should resolve that case according to the best interest of that person. 18. Carague. shall at least satisfy minimum standards with respect to curricula. runs afoul of the test of. Art II)-The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. v. the Supreme Court said that obviously. which is guaranteed all women workers under the Constitution. cannot take a backseat to the government’s constitutional duty to provide mechanisms for the protection of our workforce. In Philippine Telegraph and Telephone Co. Art. 163 SCRA 386. Fundamental equality of men and women (Sec. Art II) (Sec. Tablarin v. While a requirement that a woman employee must remain unmarried may be justified as a “bona fide occupational qualification” where the particular requirements of the job would demand the same. Court of Appeals. 1997. II) State shall give priority to education. Art II)-State shall protect and promote the right to health of the people and instill health consciousness among them. and the right against. The application of parens patriae here is in consonance with this country’s tradition of favoring conflicts in favor of the family hence preference to the parent (mother) is observed. Protection to Labor (Sec. (Sec. the hands of Congress cannot be so hamstrung as to deprive it of the power to respond to the imperatives of national interest and the attainment of other state policies and objectives. [See discussion on Academic freedom. therefore. v. 152 SCRA 730. science. 244 SCRA770. culture and sports. protection to labor does not indicate promotion of employment alone. 16. “what concerns the . arts. 260 SCRA 319. etc. 17. XIV. However. As explained in Philippine Association of Service Exporters v. TIP. and promote total human liberation and development.. in Guingona v. which provides for the highest budgetary priority to education. No. infra. Inc. supra. Priority to education.Enriquez. discrimination. technology. in reference to the recurring problems faced by our overseas workers. Gutierrez. Art. G. accelerate social progress. 118978. the Supreme Court held that the petitioner’s policy of not accepting or considering as disqualified from work any woman worker who contracts marriage. Promotion of health and ecology (Sec. is merely directory. 14. Drilon. Court of Appeals. and in Philconsa v. 196 SCRA 221. In Philippine Merchant Marine School. (Sec. It shall protect the rights or workers and promote their welfare. while desirable. May 23. 15&16.

because the said sections should be read and understood in relation to Secs. -Decentralization of administration: delegation of administrative powers to the LGU in order to broaden the base of governmental powers. II are not intended to be self-executing principles ready for enforcement through the courts. 25. The provisions of Art. This treatment is rooted not merely in charity or accommodation. the Supreme Courtheld that the Magna Carta for Disabled Persons mandates that qualified disabled persons be granted the same terms and conditions of employment as qualified able-bodied employees. while away from home. Art. 272 SCRA 18. II) State recognizes the vital role of communication and information in nationbuilding. The reasons for denying cause of action to an alleged infringement of broad constitutional principles are sourced from basic considerations of due process and lack of judicial authority to wade into the uncharted ocean of social and economic policy-making. it was held that the World TradeOrganization (WTO) agreement does not violate Sec. and provide incentives to needed investments. personally and economically. decent. notwithstanding written or verbal contracts to the contrary. Art. No. 2 . Land reform (Sec. In Tanada v. Art. II. Mangelin. community-based. Art. In Bernardo v. 170 SCRA 786. thus. -Decentralization of power: abdication by the national government of governmental powers. 21. II)-State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. 122917. Communication and information in nationbuilding (Sec. 19&20. Art. 1999. but in justice for all. Self-reliant and independent economic order (Sec. II) (Sec. -Decentralization and does not make the local governments sovereign within the State or an imperium in imperio.” It is bad enough that the country has to send its sons and daughters to strange lands. II)-The State recognizes the indispensable role of the private sector. the Government is duty bound to provide them adequate protection. Under these circumstances. 23. II) State shall promote comprehensive rural development and agrarian reform. 19.R. nor Secs. II) -State shall ensure the autonomy of localgovernments. Independent people’s organizations (Sec. because it cannot satisfy their employment needs at home. The latter is abdication by the national government of governmental powers. Art. They do not embody judicially enforceable rights. Art. G. Indigenous cultural communities (Sec. 24. II) State shall encourage non-governmental. 1 and 13. July 12. 20. but guidelines for legislation. XII. XII. the Court distinguishedbetween decentralization of administration and decentralization of power. Art. Autonomy of local governments (Sec. Art. Constitution more paramountly is that such an employment be above all. (Sec. just and humane. or sectoral organizations that promote the welfare of the nation. II) State recognizes and promotes the right of indigenous cultural communities within the framework of national unity and development. 22. In Limbonas v. while the former is merely delegation of administrative powers to the local government unit in order to broaden the base of governmental powers. NLRC. which require the pursuit of a trade policy that “serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity”. encourages private enterprise. Art. 19. Art. once they have attained the status of regular workers. Angara. they should be accorded all the benefits granted by law. 10 and 12.

The power to grant still includes the power to withhold or recall. Art. X]. Art. G. GR 180643. In Pamatong v. G. 25. theSupreme Court said that the basic relationship between the national legislature and the local government units has not been enfeebled by the new provisions in the Constitution strengthening the policy of local autonomy.R. Comelec. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. . April 13. Art. The Judiciary Power (Sec 1. No. G. II)-State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. II) State shall guarantee equal access of opportunities for public service and prohibit political dynasties as may be defined by law. like the direct conferment on local government units of the power to tax [Sec. Being so.. 161872. which cannot defy its will or modify or violate it. Ours is still a unitary form of government. VII) The executive power shall be vested in the President of the Philippines. 2004. True there are notable innovations in the Constitution. 2002]. Equal access of opportunities for public service (Sec.. II)-State adopts and implements a policy of full public disclosure of all its transactions involving public interest. SEPARATION OF POWERS A. the national legislature is still the principal of local government units. The provision is not intended to compel the State to enact positive measures that would accommodate as many as possible into public office. 2007]. 28. Art. 26. No. (Sec. Art. The Executive Power (Sec 1. which cannot now be withdrawn by mere statute. A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch. Pano. Commission on Audit. Mar. C. 27. however. 125350. not a federal state. any form of autonomy granted to local governments will necessarily be limited and confined within the extent allowed by the central authority. VI) The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives. Congress retains control of the local government units although in a significantly reduced degree now than under our previous Constitutions. B. By and large. 2001. Honest public service and full public disclosure (Sec. 3. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. DOCTRINE OF SEPARATION OF POWERS.R. The privilege may be subjected to limitations. Art. Neri v. concurring op.R. 129093. except to the extent reserved to the people by the provision on initiative and referendum. In Lina v. 27. Art. December 3. Jr. Senate Committee on Accountability of Public Officers and Investigations. it does not contain a judicially enforceable constitutional right and merely specifies a guideline for legislative action. even as we recognize that the Constitution guarantees autonomyto local government units. the exercise of local autonomy remains subject to the power of control by Congress and the power of general supervision by the President [Judge Dadole v. or for one branch to interfere with the other’s performance of its constitutionally-assigned functions. The Legislative Power (Sec 1. 5. One such valid limitation is the provision of the Omnibus Election Code on nuisance candidates. Art. August 30. the SupremeCourt said that this provision does not bestow a right to seek the Presidency. [Velasco. VIII) The judicial power shall be vested in one Supreme Court and in such lower court as may be established by law. The power to create still includes the power to destroy. II) (Sec. No. Without meaning to detract from that policy.Thus. V.

etc. bureau. veto power of the President as check on improvident legislation. appropriated for the different departments. ISSUE: Whether or not Paragraph 1. to any program.. project or activity of any department. the Prime Minister. Angara.DOCTRINE OF POLITICAL QUESTION. e. however. HELD: No. 1957]. Pedro Ynsua et al. paragraph 1 of Section 44 of PD 1177 unduly overextends the privilege granted under the Constitution.g. 148 SCRA 208 – Political Law – Transfer of Funds – Power of the President to Realign Funds Demetrio Demetria et al as taxpayers and members of the Batasan Pambansa sought to prohibit Manuel Alba. bureaus.. without regard as to whether or not the funds to be transferred are actually savings in the item from which the same are to be taken. he took his oath of office. then Minister of the Budget. the Speaker. the NA in session assembled. were candidates voted for the position of member of the National Assembly for the first district of the Province of Tayabas. except to the extent that power to deal with such questions has been conferred upon the courts by express constitutional or statutory provisions. or office included in the General Appropriations Act or approved after its enactment. the President. 1935. It empowers the President to indiscriminately transfer funds from one department. [Tañada v. But it should be noted. bureau. The Constitution provides that no law shall be passed authorizing any transfer of appropriations. PRINCIPLE OF CHECKS AND BALANCES. bureau or office included in the General Appropriations Act or approved after its enactment. 1935.. and the respondents. e. Section 44 of the said PD. 1935. This Section provides that: “The President shall have the authority to transfer any fund. Indeed. [The] well-settled doctrine that political questions are not within the province of the judiciary. but likewise goes beyond the tenor thereof. Instances when powers are notconfined exclusively within one department but are assigned to or shared by several departments. enactment of general appropriations law. On Dec 3. On November 15.g. project or activity of any department. However. of PD 1177 is constitutional. offices and agencies of the Executive Department. 139 – Political Law – Judicial Review – Electoral Commission In the elections of Sept 17. 1177 or the Budget Reform Decree of 1977. transfers of savings within one department from one item to another in the GAA may be allowed by law in the interest of expediency and efficiency. Section 44. Demetria assailed the constitutionality of paragraph 1. thereby amounting to an undue delegation of legislative powers. Angara was proclaimed as member-elect of the NA for the said district. There is no transfer from one department to another here. 63 Phil. . On Oct 7. the Chief Justice of the Supreme Court. Feb. This allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. It does not only completely disregard the standards set in the fundamental law. which are included in the General Appropriations Act. from disbursing funds pursuant to Presidential Decree No. such constitutional infirmities render the provision in question null and void. 1935.” Demetria averred that this is unconstitutional for it violates the 1973 Constitution. office or agency of the Executive Department to any program. Cuenco. PRINCIPLE OF BLENDING OF POWERS. 28. and the 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 appropriations. or whether or not the transfer is for the purpose of augmenting the item to which said transfer is to be made. GR L-10520.

returns and qualifications of members of the National Assembly. Whether or not EC acted without or in excess of jurisdiction in taking cognizance of the election protest. par. Also questioned was the fact that a member of the judiciary is helping the the DOJ. The court. Paz Garcia on the other hand filed a complaint alleging that Macaraig is incompetent. 1935. a department of the executive oi charge of prosecution of cases. ISSUES: Whether or not the SC has jurisdiction over such matter. . HELD: The SC ruled in favor of Angara. Garcia said that Macaraig has not submitted the progress of his Courts as required by law. The Secretary of Justice. Jr. 1935. Ynsua. closer for purposes of classification to the legislative than to any of the other two departments of the government. however. the judiciary. Angara filed a Motion to Dismiss arguing that by virtue of the NA proclamation. 39 SCRA 106 – Political Law – Separation of Powers Judge Catalino Macaraig. he had. convinced Macaraig to forego his leave and instead to assist the Secretary. 6 of which fixed said date as the last day for the filing of protests against the election. returns and qualifications of members of the NA. had to be organized from scratch. That the Electoral Commission is an independent constitutional creation with specific powers and functions to execute and perform. took his oath as Judge of the CFI of Laguna and San Pablo City on June 29. Ynsua can no longer protest. dishonest and has acted in violation of his oath as a judge. The SC emphasized that in cases of conflict between the several departments and among the agencies thereof. From July 1. 1970 to February 28. On Dec 9. and is the power and duty to see that no one branch or agency of the government transcends the Constitution. filed before the Electoral Commission a “Motion of Protest” against the election of Angara. And that Macaraig has received salaries as a judge while he is fully aware that he has not been performing the duties of a judge. due to pressure of duties. resulting in his forfeiting all the leave benefits he had earned beyond the maximum ten months allowed by the law). is the only constitutional mechanism devised finally to resolve the conflict and allocate constitutional boundaries. notwithstanding the previous confirmation made by the NA. never gone on extended leave. Ynsua argued back by claiming that EC proclamation governs and that the EC can take cognizance of the election protest and that the EC cannot be subject to a writ of prohibition from the SC. whenever he was not busy attending to the needs of his court. On Dec 8. being one of the 112 newly created CFI branches. with the SC as the final arbiter. which is the source of all authority. without being extended a formal detail. Macaraig was not able to assume the duties and functions of a judge due to the fact that his Court Room can not be properly established due to problems as to location and as to appropriations to make his Court up and running. 1970.passed Resolution No. 1971. That the Electoral Commission is the sole judge of all contests relating to the election. he applied for an extended leave (during the 16 years he had worked in the Department of Justice. That judicial supremacy is but the power of judicial review in actual and appropriate cases and controversies. the EC adopted a resolution. 8 confirming the election of the members of the National Assembly against whom no protest had thus far been filed. When Macaraig realized that it would be some time before he could actually preside over his court.

28(2). HELD: No. and other duties or imposts within the framework of the national development program of the Government’. and subject to such limitations and restrictions as it may impose. ISSUE: Whether or not Macaraig has acted with incompetence and dishonesty as Judge. to be sure. It is thus of grave importance to the judiciary under our present constitutional scheme of government that no judge of even the lowest court in this Republic should place himself in a position where his actuations on matters submitted to him for action or resolution would be subject to review and prior approval and. tonnage and wharfage dues. The line between what a judge may do and what he may not do in collaborating or working with other offices or officers under the other great departments of the government must always be kept clear and jealously observed. Art. Permissible delegation: (1) Tariff powers to the president as specifically provided in Sec. by law. VI: “The Congress may. (2) Emergency powers to the president (in times of war or national emergency) as provided in Sec. reversal. VI. DELAGATION OF LEGISLATIVE POWERS Delegation of powers: -Potestas delegate non potest delegare -Delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. lest the principle of separation of powers on which our government rests by mandate of the people thru the Constitution be gradually eroded by practices purportedly motivated by good intentions in the interest of the public service. tariff rates. Art. import and export quotas. none of these is to be taken as meaning that the Court looks with favor at the practice of long standing. by law. the Congress may. limited only by the specific constitutional precepts on check and balance between and among them. like every lawyer who gets his first appointment to the bench. for a limited period and subject to such restrictions as it may prescribe. Macaraig was. as the case may be. Needless to say. Macaraig’s inability to perform his judicial duties under the circumstances mentioned above does not constitute incompetence. Unless sooner . the Court feels very strongly that it is best that this practice is discontinued. authorize the President. before they can have legal effect. The fundamental advantages and the necessity of the independence of said three departments from each other. have long been acknowledged as more paramount than the serving of any temporary or passing governmental conveniences or exigencies. of judges being detailed in the DOJ to assist the Secretary even if it were only in connection with his work of exercising administrative authority over the courts. but forces and circumstances beyond his control prevented him from discharging his judicial duties. 23(2). On the other hand. by any authority other than the Court of Appeals or the Supreme Court. VI: “In times of war or other national emergency. authorize the President to fix within specified limits. eager to assume his judicial duties and rid himself of the stigma of being ‘a judge without a sala’. worst still. to exercise powers necessary and proper to carry out a declared national policy.

(2) Sufficient standard test: intended to map out the boundaries of the delegates’ authority by defining the legislative policy and indicting the circumstances under which it is up be pursued and effected. of course. 10. POEA Governing Board Resolution No. Sec. increasing and adjusting the rates of compensation and other benefits in the Standard Employment Contract for Seafarers. and are in a better position to enact appropriate legislative measures thereon. “Such legislation (by local governments) is not regarded as a transfer of general legislative power. 152 SCRA 730. where the Supreme Court said that courts have sustained the delegation of legislative power to the people at large. the standards usually indicated in the law delegating legislative power. 2. was held to be a valid exercise of delegated legislative authority. there are specific provisions where the people have reserved to themselves the function of legislation. which was decided under the 1935 Constitution. Referendum: power of the electorate to approve or reject legislation through an election called for the purpose. Sec. Eastern Shipping v. .O. 65 Phil 56. 01-94. Republic Act 6735).. Art. the authority given by LTFRB to provincial bus operators to set a fare range over and above the existing authorized fare was held to be illegal for being an undue delegation of power. v. 243 SCRA 666. supra. This recognizes the fact that local legislatures are more knowledgeable than the national lawmaking body on matters of purely local concern. subject. but rather as the grant of the authority to prescribe local regulations. Art. 166 SCRA 533.A. POEA. See also: Tablarin v. (4) Delegation to LGUs (5) Delegation to Administrative Bodies – power of subordinate legislation Tests for valid delegation (1) Completeness test: the law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it.]. Art. inasmuch as it conforms to the sufficient and valid standard of “fair and equitable employment practices” prescribed in E. Inc. 7160). to the interposition of the superior in cases of necessity” [Peopje v. withdrawn by resolution of the Congress. such powers shall cease upon the next adjournment thereof’. POEA. supra. Vera. referendum on statutes and referendum on local law Plebiscite: electoral process by which an initiative on the Constitution is approved or rejected by the people. XVII. Vera. (3) Delegation to the people – specific provisions where the people have reserved to themselves the function of legislation (Sec. Gutierrez. 32. Under the 1987 Constitution. 797. supra.. VI. X. it was held that there was no undue delegation of legislative power in the authority granted by legislature to the Energy Regulatory Board to impose additional amounts to augment the resources of the Oil Price Stabilization Fund. Orbos.. according to immemorial practice. Delegation To Local Government Units (See: R. But in Kilusang Mayo Uno Labor Center v. Delegation to Administrative Bodies “The power of subordinate legislation” In Conference of Maritime Manning Agencies. Garcia. In Osmena v. See: People v.

enact. cannot be subject to referendum. 3) If at any time before the initiative is held. Composition of Congress: Senate and House of Representative .Senate: 24 senators. Local Initiative.VII.Vested in Congress except to the extent reserved to the people by the provision in initiative and referendum -People can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition thereof signed by at least 10 per centum of the total number of registered voters. the local legislative body shall adopt in toto the proposition presented. at least 35 years of age 3) Able to read and write 4) Registered voter 5) Resident of the Philippines for not less than 2 years immediately preceding the day of the election  Term: 6 years. the enactment of which is specifically vested in Congress by the Constitution. -Not less than 2. LEGISLATIVE DEPARTMENT 1. of which every legislative district must be represented by at least 3 per centum of the registered voters. Voluntary renunciation of 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 elected.000 registered voters in case of autonomous regions -1.not more than 250. the initiative shall be cancelled. amend and repeal laws. CONGRESS Legislative power – the power to propose. . House of Representatives . Initiative – power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for that purpose. elected at large by qualified voters  Qualifications 1) Natural-born 2) On the day of the election. unless otherwise provided by law  Composition 1) District representative 2) Party-list representative . until 90 days after effectivity. 1) Initiative on the Constitution 2) Initiative on Statutes 3) Initiative on local legislation Indirect Initiative – exercise of initiative by the people through a proposition sent to Congress or local legislative body for action Referendum – power of the electorate to approve or reject legislation through an election called for that purpose. commencing at noon on 30th day of June next following their election  Limitation: no senator shall serve for more than 2 consecutive terms. 1) Referendum on Statutes 2) Referendum on local legislation Prohibited measures 1) Petition embracing more than one subject 2) Involving emergency measures. 2) Extend only to subjects or matters which are within the legal powers of the local legislative body to enact.000 in provinces and cities -100 in municipalities -50 in baranagays -File a petition with Regional Assembly or local legislative body Limitation on Local Initiative 1) Exercised not more than once a year.

Registration/Manifestation to Participate in the Party-List System -90 days prior to election. overseas workers and professionals. women. -Each city with not less than 250. fisherfolk. as the most immediate means of securing their adoption.00 inhabitants  entitled to at least 1 rep. Sectoral Organization: group of citizens or a coalition of groups of citizens who share similar physical attributes. sectoral party or coalition of parties Political Party: organized group of citizens advocating an ideology or platform. commencing at noon on the 30th day of June next following their election. principles and policies for the general conduct of government and which. (Caasi vs. Francisco (Aquino v. Coalition: aggrupation of duly registered national. employment. petition verified by its President or Secretary -If already registered. as far as practicable. -Reapportionment of legislative districts may be made through a special law. Qualifications: 1) Natural-born Filipino citizen 2) At the day of the election. COMELEC)  Term: 3 years. interest or concern. -Congress to make reapportionment of legislative districts within 3 years following return of every census. -Each legislative district shall comprise. regularly nominates and supports certain of its leaders and members as candoidates for public office. Party-List System: mechanism for proportional representation Party: political party. Comelec)  Immigration to the US by virtue of a “green card” constitutes abandonment of domicile in the Philippines. indigenous cultural communities. compact. file instead a manifestation of its desire to participate in the party-list system Refusal and/or Cancellation of Registration (motu proprio or upon verified complaint filed by any interested party. characteristics. Regional Party: constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region. National Party: constituency is spread over the geographical territory of at least a majority of the regions. sectoral parties or organization for political and/or election purposes. a registered voter in the district in which he shall be elected 5) Resident thereof for not less than 1 year immediately preceding the day of the election Principles 1) Minor follows domicile of parents 2) Domicile of origin is lost only when there is: a. urban poor. after due notice and hearing) 1) Religious sect/denomination. . at least 25 years old 3) Able to read and write 4) Except the party-list representative. contiguous and adjacent territory. acts which corresponds with the purpose 3) Wife does not automatically gain husband’s domicile THEORY OF LEGAL IMPOSIBILITY J. handicapped. veterans and youth. bona fide intention of abandoning the former residence and establishing a new one c. regional. irrespective of number of inhabitants  entitled to at least 1 rep. Sectoral Party: (LUFEP-WHIP-VY) organized group of citizens belonging to any of the following: labor. peasants.  Limitation: shall not serve for more than 3 consecutive terms. elderly. 3) Sectoral representative  Apportionment of legislative district is a justiciable question -(Provinces and cities and Metro Manila area) Apportionment shall be made in accordance with the number of respective inhabitants on the basis of a uniform and progressive ratio. -Constitution does not preclude Congress from increasing its membership by passing a law other than a general apportionment law. actual removal or change of domicile b. -Each province.

he shall be allowed to continue until expiration of term. 3) Foreign party/organization. -Not less than 5 -Only persons who have given their consent may be included in the list -Not include any candidate for elective position. or who lost the immediately preceding election -No change allowed except: 1) Dies 2) Withdraws in writing 3) Becomes incapacitated -Incumbent who are nominate are NOT considered resigned. is entitled to a maximum of 3 seats 4) Proportional representation: additional seats which a qualified party is entitled to shall be computed “in proportion to their number of votes. Nomination of a party-list representative: each registered party. organizations and coalitions receiving at least 2% of the total votes cast for the party- list system shall be entitled to 1-seat each. .Qualifications of a Party-list nominee 1) Natural-born citizen. 6) Violates or fails to comply with election laws. regardless of the number of votes it actually obtained. 3) Registered voter.Manner of Voting – every voter entitled to two votes. 6) At least 25 years old at the day of the election. organization or coalition shall be entitled to not more than 3 seats 4) inviolable parameters: 1) 20% allocation: combined number of all party-list congressmen shall not exceed 20% of the total membership of the House 2) 2% threshold: only those parties garnering a minimum of 2% of the total valid votes cast for the party-list system are qualified to have a seat 3) 3-seat limit: each qualified party.  In determining the allocation of seats for the second vote: 1) Parties. . 4) Receives support from foreign party/org. 1 for member of the House and 1 for the party. 8) Ceased to exist for at least 1 year. 4) Resident of the Philippines at least 1 year immediately preceding the day of the election. 5) Declares untruthful statement in its petition. organizations and coalitions shall be ranked from the highest to the lowest cased on the number of votes they garnered during the election 2) Parties. If during his term reaches the age of 30. those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of 3) Each party. 7) Failed to participate in the last 2 preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered. . organization or coalition must submit a list of names to the COMELEC not later than 45 days before the election. and 7) Youth sector – at least 25 but not more than 30. 2) Advocate violence to attain goal. 5) Bona fide member of the party/organization which he seeks to represent at least 90 days preceding the day of the election.” In order that a political party registered under the party-list system may be entitled to a seat in the House: 1) Represent the marginalized and underrepresented sector 2) Major political parties must comply with this statutory policy 3) Constitutional prohibition against religious sect 4) Not disqualified under RA7941 5) Not adjunct or project funded by government 6) Party and its nominees must comply with the requirements of the law 7) Nominee must also represent the marginalized and under-represented sector . organization or coalition.Number – 20% of the total number of the members of the House including those under the party-list. 2) Able to read and write. rules and regulations.

according to their ranking in the list. Confirming nomination of VP d.Vacancy – automatically filled by the next rep from the list of nominees and shall serve for the unexpired term. the party. 8) Nominee must be able to contribute to the formulation and enactment of appropriate legislation Choosing Party-List Representative: proclaimed by COMELEC based on a list of names submitted by respective parties. and shall continue for such number of days as it may determine until 30 days before the opening of its next regular session. . 2) Privilege of Speech and of Debate  Not be questioned nor be held liable in any other place for any speech/debate in the Congress or in any committee.. Choosing the president b. Determine disability of the president c.  N/A if he holds the government office in an ex officio capacity 2) 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. Session  Regular: convene once a year on the 4th Monday of July unless a different date is fixed by law. ET.  No increase in said compensation shall take effect until after the expiration of the term of all the members of the Senate and House approving such increase. Proposing constitutional amendments . Privileges: 1) Freedom from Arrest  Offenses punishable by not more than 6 years imprisonment. If the list is exhausted. Effect of Change of Affiliation -Changes affiliation during term -forfeiture of seat -IF w/in 6 months before election.  Special: call by president usually to consider legislative measure which the President may designate in his call  Joint 1) Voting Separately a. exclusive of Saturdays. he shall not be eligible for nomination under new party . Election  Regular: 2nd Monday of May  Special: to fill a vacancy. Other Inhibitions  not personally appear as counsel before any court. or any franchise or special privilege granted by the Government  not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.  Held to account for such speech or debate by the House to which he belongs Disqualifications 1) Incompatible Office  Not hold any other office or employment  Forfeiture of the seat in Congress automatically upon assumption of incompatible office. organization or coalition shall submit additional nominees. Declaration of the existence of a state of war e. Sundays and legal holidays. quasi-judicial or other administrative bodies  not be directly or indirectly interested financially in any contract with. be privileged from arrest while Congress is in session.  Last only for the duration of the term for which the member of Congress was elected. serve for the unexpired term Salaries  Determined by law.Term of Office: term of 3 years and shall be entitled to same salaries and emoluments as regular members of the House.

independent of Congress  Termination of Membership: a. suspend (for not more than 60 days) or expel a member. Yeas and nays on 3rd and final reading of a bill b. be entered in the Journal. the senior justice shall be the chairman b. Formal affiliation to another political party e. Yeas and nays on any question at the request of 1/5 of members present. Records and Books of Accounts  Preserve and open to public  Books shall be audited by COA which shall publish annually an itemized list of amounts paid to and expenses incurred by each member. chosen on the basis of proportional representation from the political parties registered  Non-partisan court. Expiration of congressional term b. the same being a political question. excepting such parts as may. Death c. Rules of Proceedings  Each House determined the rules of itsproceedings. and the Court will not review such determination. Senate ET)  Doctrine of Primary Administrative Jurisdiction.  Matters which under the Constitution are to be entered in the journal: a. Officers  Senate elects its President  House elects its Speaker  Each nay choose such other officers as it may deem necessary Quorum  Majority of each House  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  Quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate. and with concurrence of 2/3 of all its members. (Abbas vs. in its judgment. Discipline of Members  House may punish its members for disorderly behavior.  Enrolled Bill Theory: enrolled bill is one duly introduced and finally passed by both Houses. and from time to time publish the same.  And the yeas and nays on any question shall. 6 members of the house. Electoral Tribunals  Composition a.  Enrolled Bill prevails. . Yeas and nays on the repassing of a bill vetoed by the President d.  Power: sole judge of all contests relating to the election. affect national security.  Determination of acts which constitute disorderly behavior is within the full discretionary authority of the House concerned.2) Voting Jointly a. returns and qualifications of their respective members.  Each House shall also keep a Record of its proceedings. Veto message of the President c. Or placing the Philippines under martial law  Adjournment – neither House during the sessions of the Congress shall. without the consent of the other adjourn for more than 3 days nor to any other place than that in which the 2 Houses shall be sitting. Removal for other valid causes  Cannot disqualify senator-member just because election contest is filed against him. Legislative Journal and Congressional Records  Each House shall keep a Journal of its proceedings. except to matters which under the Constitution must be entered in the Journal. 3 SC Justices designated by CJ. Resignation from political party d. authenticated by the proper officers of each and approved by the President. at the request of 1/5 of the Members present. Revoke/extend proclamation suspending the privilege of the writ of HC b. prior recourse to the House is necessary before the case may be brought to the Court.

3. which is required to originate exclusively in the House. Senate President.  Decisions may be reviewed by SC by showing grave abuse of discretion in a petition for certiorari filed under R65. ex-officio chairman b.Sufficient if the title is comprehensive enough.  It is not the law.Implied a. Substantive . 12 house * b and c elected by each House on the basis of proportional representation from the political parties registered. bills of local application.Title is not required to be an index of the contents of the bill .Limitations: 1. and printed copies in its final form have been distributed to its Members 3 days before its passage EXCEPT when President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.Sufficient compliance if the title expresses the general subject and all the provisions of the statute are germane to thee subject .EXCEPT when the President certifies to its immediate enactment to meet a public calamity or emergency . bills authorizing increase of public debts and private bills shall originate exclusively in the House of Representative. Only one subject to be expressed in the title . Powers of Congress 1. because the bill may undergo such extensive changes in the Senate that the result may be a rewriting of the whole. to include subjects related to the general purpose which the statute seeks to achieve.Rider is a provision not germane to the subject matter of the bill. so long as the action by the Senate as a body is withheld pending receipt of the House bill.Procedure: passed 3 readings on separate days.Printed copies of bill in its final form distributed to Members 3 days before its passage . has taken oath of office. General (plenary) legislative power . . no amendment allowed. Procedural a. Constitutional appellate jurisdiction of SC e. revenue bills. . HRET may assume jurisdiction only when after the winning candidate shall have been duly proclaimed. Bill of rights b. Non-delegation of powers b. Three readings on separate days . . as in this case.Requirements as to bill  Only 1 subject to be expressed in the title  Appropriation.  The Constitution does not prohibit the filing in the Senate of a “substitute bill” in anticipation of its receipt of the bill from the House. 12 senators c.  Shall rule by majority vote of its members  Meet only while Congress is in session  At the call of its Chairman or majority of all its members  Independent of the 2 Houses and has the power to promulgate its own rules of proceedings. Prohibition against the passage if irrepealable laws 2. Legislative Process . Appropriations c. Taxation d. tariff bills. Commission on Appointment  Composition a. but the bill. No law granting a title of royalty or nobility shall be passed . b.Presidential certification dispensed with the requirement not only of printing but also that of reading the bill on separate days.  Powers – act on all appointments submitted to it within 30 session days of Congress from their submission.Express a.Upon last reading. and has assumed functions of the office. and vote thereon taken immediately and the yeas and nays entered in the journal .

in enacting a law.  It is within the Bicameral Conference Committee to include in its report an entirely new provision that is not found either in the House or Senate bill. in the absence of any showing that there was a violation of constitutional requirements or the rights of private individuals. . there is no reason why it cannot propose several provisions. as a rule. Courts are denied the power to inquire into allegations that. It may propose an entirely new provision.Approval of Bills -The bill becomes a law in the following cases: a. . It may be negative (subjecting the executive action to disapproval by Congress) or affirmative (requiring approval of the executive action by Congress) c. It is allowed only for particular items in an appropriation. The President cannot veto part of an item in an appropriation bill while approving the remaining portion of the item. Congress overrides the Presidential veto – if the President disapproves the bill. -No pocket veto.”  Jurisdiction of the Conference Committee is not limited to resolving differences between the Senate and the House versions of the bill. Yeas and Nays entered in the Journal of each House. a House of Congress failed to comply with its own rules. collectively considered as “an amendment in the nature of a substitute” so long as the amendment is germane to the subject of the bills before the Committee. -Partial veto. When the President fails to act upon the bill for 30 days from receipt thereof. -Legislative Veto – a congressional veto is a means whereby the legislature can block or modify administrative action taken under a statute. he shall return the same. the bill shall become a law as if he had signed it. b. is invalid. President approves the same and signs it. It is a form of legislative control in the implementation of particular executive action.  If the Committee can propose an amendment consisting of 1 or 2 provisions. with his objections contained in his Veto message to the House of origin (which shall enter the objections at large in its Journal). revenue or tariff bill. The veto is overridden upon a vote of 2/3 of all members of the House of origin and the other House.