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POLITICAL LAW (Consti 1-2, Admin, Law of P.

O for political ends to which the great body of inhabitants


and Law on Municipal Corpo) render habitual obedience.
- Branch of public law which deals with the
organization and operations of the governmental STATE VS. NATION VS. GOVT VS.
organs of the State and defines the relations of the ADMINISTRATION
State with the inhabitants of its territory. NATION Actually consist of several states; Racial or
ethnic concept.
NECESSITY FOR THE STUDY: Ex.
Every Citizen, regardless of calling, should understand
1. Arab Nation ( Egypt, Iraq, Saudi, etc)
the mechanics and motivations of his government. This
2. USA/UK (one state composed of several
is must be because sovereignty resides in the people
nations)
and all government authority emanates from them. State Legal concept
- Art XIV, Sec 3(1)- All educational
Government only an element of the State; State is
institutions shall include the study of the consti
the principal, Govt is only an agent; State itself is an
as part of the curricula.
abstraction, it is the govt that externalizes the state and
CHAPTER 2. The Constitution of the Philippines articulates its will.
Administration group of persons in whose hands the
1987 Phil Con 4th fundamental law to govern the PH reins of the govt are for the time being. Transitional
since it became independent on July 4, 1946. whereas Government is permanent.
1st Commonwealth Constitution (1935)
2nd 1973 Constitution (Martial Law) ELEMENTS: (People, Territory, Govt and
3rd Freedom Constitution (Revolutionary Sovereignty)
Constitution- Corys Regime after martial law, pending Note: BANGSAMORO MOA. Associated State
the adoption of permanent constitution) Unconstitutional. The concept presupposes that
the associated entity (BJE) is a state and implies
OUTSTANDING FEATURES: (1987) that the same is on its way to independence.
- LENGTHY. Inclusion of provisions that should A. PEOPLE inhabitants of the state
have been embodied only in implementing statutes - No legal requirement. Numerous enough to be
to be enacted by the legislature. self-sufficing and to defend themselves and
Sounds like a political speech rather than a small enough to be easily administered and
formal document stating only basic precepts. sustained
Inclusion of certain topics that certainly, by any B. TERRITORY fixed portion of the surface of the
criterion HAVE NO PLACE IN THE CONSTI. :D earth inhabited by the people of the state.
a. 1935 Provisions in re: Executive and - PRACTICAL requirement. Neither too big as
legislative ( Revival of the Bicameral to be difficult to be administer and defend nor
Congress) too small as to be unable to provide for the
- Independence of the Judiciary. They can decide needs of the population.
on political questions originally beyond their 1. Terrestrial Domain Land Mass
jurisdiction. 2. Maritime/Fluvial Domain Internal and External
b. 1973 Provisions in re: ConCom and Local Waters
Govt. 3. Aerial Domain Air space above L & W.
- Bill of Rights have been bolstered.
SUPREMACY OF THE CONSTITUTION Basic Basis: NATIONAL TERRITORY. Art 1 of the 1987
and paramount law to which all other laws must PhilCon
conform and to which all persons, including the highest NOTE: This article deleted the reference to the
officials of the land, must defer. territories we claim by historical right or legal title
- No act shall be valid, however noble the BUT THIS DOES NOT MEAN an outright or
intentions, if it conflicts with the constitution. formal abandonment of such claim, which was best
left to a judicial body capable of passing judgment over
CHAPTER 3- Concept of the State the issue.
STATE a community of persons, more or less The definition of the baselines of the territorial sea
numerous, permanently occupying a definite portion of of the PH Archipelago (RA 5446) is w/o prejudice
territory, possessed of an independent govt organized to the delineation of the territorial sea around the
territory of Sabbah, over w/c the PH has acquired b. Ministrant undertaken to advance the general
dominion and sovereignty. interest of society, such as public works, charity and
(Sabbah Historic right or legal title) regulation of trade and industry. OPTIONAL.
xx The waters around, b/w, and connecting the - To our SC, the distinction b/w constituent and
islands of the archipelago, regardless of their ministrant functions is not relevant. It is NOW
breadth and dimensions, form part of the internal OBLIGATORY on the State to promote social
waters of the PH xx (Archipelago doctrine) justice.
- We connect the outermost points of our archipelago
with straight baselines and consider all the waters DOCTRINE OF PARENS PATRIAE-
enclosed thereby as internal waters. The entire Guardian of the rights of the people
archipelago is regarded as one integrated unit Govt of the Philippine Islands vs. Monte de Piedad-
instead of being fragmented into so many thousand Money collected were never distributed and instead
islands. deposited with defendant bank. An action for recovery
a. As for our territorial seas now defined according was filed later by the govt. Defendant bank questioned
to Jamaica Convention on the Law of the Sea. the competence of the plaintiff, contending that the suit
b. UNCLOS ICodified among others, the could only be instituted by the beneficiaries themselves/
sovereign right of States parties over their heirs. The state can file the case for the State as parens
territorial sea, the breadth of which, however was patiae in representation of the legitimate claimants.
left undetermined, and which served as basis for Cabanas Vs. Pilapil- Govt acting for the state as parens
the passage in 1961by Congress of RA 3046 patriae chose the mother of an illegitimate child as
demarcating the maritime baselines of the PH as against his uncle to be the trustee of the insurance
an archipelagic State. proceeds left him by his father, who had expressly
- 1984 PH ratified UNCLOS III, which among designated the uncle.
others prescribe the water-land ratio, length, and Soriano vs. Laguardia- Suspension of religious
contour of baselines of archipelagic states, like the television program. Necessity of protecting the children
PH. from unprotected speech.
Consequently, Congress amended RA 3046 by De la cruz vs. Gracia- SC allowed the registration of an
enacting RA 9522, which it was believed would illegitimate child using the surname of his deceased
make RA 3046 complaint with the provisions of father, declaring that it is the policy of the FC to
UNCLOS III in so far as the determination of the liberalize the rule on the investigation of the paternity
prescribe the water-land ratio, length, and contour and filiation of children, especially of illegitimate
of baselines of our archipelago is concerned. children.

C. GOVERNMENT Agency or instrumentality DE JURE AND DE FACTO GOVERNMENTS


through which the will of the state is formulated, - Regardless of their form, govts are either de
expressed and carried out. jure or de facto.
From the viewpoint of Intl law No required A. De jure government has rightful title but no power
form of govt, provided only that the govt is able of control, either because this has been withdrawn
to represent the State in its dealings with other from it or because it has not yet actually entered into
states. the exercise thereof.
Constitution Our government has to be B. De facto government is a government of fact, that
democratic and republican state. is, it actually exercises power or control but without
- Whatever good done by the govt is attributed to legal title.
the State but every harm inflicted on the people 1. The govt that gets possession and control of, or
is imputed not to the State but to the govt alone. usurps, by force or by voice of the majority, the
Such injury may justify the replacement of the rightful legal government and maintains itself
govt by revolution, theoretically at the behest of against the will of the latter.
the State, in a development known as DIRECT 2. That established as an independent government
STATE ACTION. by the inhabitants of a country who rise in
insurrection against the parent state.
FUNCTIONS 3. That which is established and maintained by
a. Constituent The very bonds of society and are military forces who invade and occupy a
therefore COMPULSORY. territory of the enemy in the course of the war,
and which is denominated as a government of private relations and are not generally affected by
paramount force. the changes in regimes or rulers.
**Its existence is maintained by active military power 2. The rules suspending political laws affects only the
w/in the territories, and against the rightful authority of civilian inhabitants of the occupied territory and is
an established and lawful govt. They are obeyed in not intended to bind the enemies in arms.
civil matters by private citizens who, by acts of - RUFFY VS. CHIEF OF STAFF
obedience rendered submission to such force, do not Members of the Armed Forces continued to be
become responsible, as wrongdoers, for those acts covered by the National Defense Act, Articles I
though not warranted by the laws of the rightful govt. of War and other laws relating to the Armed
Forces during the Japanese Occupation.
- (LAUREL VS. MISA)
**In re: Corazon Aquino Regime. The rules suspending political laws does not
The people accepted the govt of PresCOn which is in apply to LAW ON TREASON although
effective control of the entire country so that it is not political in character.
merely a de facto govt but in fact and law a de jure Belligerent O. has no power to suspend the
govt. Moreover, the community of nations has operation of the law of treason, essential
recognized the legitimacy of the present govt. for the preservation of the allegiance owed by the
inhabitants to their legit govt or compel them to
D. SOVEREIGNTY supreme and uncontrollable adhere and give aid or comfort to him; BECAUSE
power inherent in a State by which the State is IT IS EVIDENT THAT SUCH ACTION IS NOT
governed. NECESSARY FOR THE CONTROL OF THE
1. Legal S authority which the power to issue final INHABITANTS OR THE SAFETY AND
commands. PROTECTION OF HIS ARMY- Because it is
Congress tantamount to practically transferring temporarily
2. Political S. Power behind the legal sovereign, or to the occupant the allegiance to the titular govt.
a sum of the influences that operate upon it. 3. Judicial Decisions, valid during the occupation and
Different Sectors that mold PUBLIC OPINION even beyond except those of a political complexion,
3. Internal Control its domestic affairs which are AUTOMATICALLY ANNULLED
4. External Direct its relations with other states. upon the restoration of the legitimate authority.
INDEPENDENCE - Person convicted of a political crime shall be
released.
CHARACTERISTICS (ICE PA!) B. Where there is CHANGE OF SOVEREIGNTY,
Imprescriptible, Inalienable, Indivisible. political laws of the former sovereignty are not
Comprehensive, Exclusive, Permanent, Absolute merely suspended BUT ABROGATED ipso facto
unless they are retained or re-enacted by the
EFFECTS: positive act of the new sovereign.
A. S. is not suspended although ACTS OF - MUNICIPAL LAWS (Non-political laws)
SOVEREIGNTY cannot be exercised by the are deemed continued unless changes by the
legitimate authority. Belligerent Occupant since they only governed
- S. over the PH remained with the USA during private relations and are not generally affected
the Japanese Occupation of our country by the changes in regimes or rulers UNLESS
although the Americans could not exercise they are changed by the new sovereign or
control over the occupied territory at the time. contrary to its institution.
- What the Belligerent Occupant took over was
only the exercise of the Acts of Sovereignty. ACT OF STATE
1. There being no change of sovereignty during - Act done by the sovereign power of a country,
Belligerent Occupation, the POLITICAL LAWS or its delegates, within the limits of the power
of the occupied territory are merely SUSPENDED, vested in him.
subject to REVIVAL under the JUS - It cannot be questioned or made the subject of
POSTLIMINUM upon the end of occupation. legal proceeding in any court of law.
MUNICIPAL LAWS (Non-political laws) are With reference to POLITICAL LAW:
deemed continued unless changes by the - Act of State are those acts done by the Political
Belligerent Occupant since they only governed Department of the Govt and not subject to
judicial review.
Ex. Presidents exercise of Diplomatic power. NOTE:
- Not any agency of a foreign state may properly
invoke the latters sovereign immunity to ward suit
CHAPTER 4- The Doctrine of State Immunity against it.
The State cannot be sued without its consent a. Even if the agency contends that it performs
(PhilCon, Art 16, Sec 3) govt functions. Such designation (Primary
- Merely a recognition of the Sovereign Character of contractor) does not automatically grant it
the State and an express affirmation of the unwritten immunity.
rule insulating it from the jurisdiction of the courts Presumption: GOCC therefore can be sued and
of justice. sued in the absence of evidence to the contrary
JUSTIFICATIONS: (non-suability) (that it enjoys the immunity from suit accorded
Justice Holmes: There can be no legal right against the to its parent country)
authority which makes the law on which the right
depends APPLICATION OF THE DOCTRINE:
- It will divert the time and resources of the State - Actions are rarely instituted directly against the
from the more pressing matters demanding its Republic of the PH, presumably because such a step
attention, to the prejudice of the public welfare. will provoke resort to the doctrine of State
- Also available to foreign states in so far as they are Immunity and possible dismissal of the complaint
sought to be sued in the courts of the local state. for lack of jurisdiction.
(Public International law) - So, the usual practice is to file such claims not
Another basis: Sovereign Equality of States against the State itself but, so as to avoid the
Par in parem non habet imperium- one state appearance of its involvement, AGAINST THE
cannot assert jurisdiction over another. OFFICER of the government who is supposed to
- A necessary consequence of the principles of discharge the responsibility or grant the redress
independence and equality of States. It is important then to determine if the STATE
Exceptions: FS may sued in the Host States. IS THE REAL P.I, that is, that the claim if
1. FS may be sued in the host state if ENGAGED proved will be a direct liability of the State and
REGULARLY therein in a business or trade; or not merely of the officer impleaded.
2. Even if not so engaged, on the basis of its IF THIS IS SHOWN, the action can be
contract in the host state which may be dismissed as a suit against the state unless it
considered as purely commercial, private and immunity has been previously waived.
proprietary acts (jus gestionis), BUT not with a. Garcia vs. Chief of Staff it is a suit against
respect to contracts entered into by it as the state since it would need the appropriation
governmental or sovereign acts (jus imperri). of public funds to satisfy the judgement if the
Jus imperri Not absolute. Exercise of Power of claim were allowed.
Eminent Domain , No payment of JC. b. Sanders vs. Veridiano 2 american
FOR CLARITY: 2 scenarios where a state may be said employees of the Subic Naval Base sued its
to have descended to the level of an individual and can superior for damages.
thus be deemed to have tacitly given its consent to be ACTED IN BEHALF OF THE GOVT and
sued only when it enters into business contracts. w/in the scope of authority.
a. FS engaged in the activity in the regular course - Hence, award will have to be satisfied by the
of business. govt and not by the petitioners personally. This
(Automatic: The mantle of immunity shall be will require the appropriation of necessary
deemed to have been waived) amount to cover the damages, making the suit
b. Enters into a contract AND the character of the against the govt without its consent.
contract is purely commercial, private and DISMISSED!
proprietary. c. UP vs. Dizon An award against the petitioner
Hence: The fact the the FS enters into a contract with a would require an appropriation by Congress
private party in the host state would not necessarily considering that such monetary liabilities were
result in the waiver of its sovereign immunity. The not covered by the appropriation earmarked for
character of the said contract would still need to be said project
determined. d. Ruiz vs. Cabahug Action against Sec. of
National Defense in his official capacity for
payment of Archis PF for which AN
APPROPRIATION HAD ALREADY BEEN Commission on Audit, which must act upon it
MADE. As far as the State is concerned, it had w/in 60 days. Rejection of the claim will
already discharged its obligation and since authorize the claimant to elevate the matter to
actual payment was now the sole responsibility the SC on certiorari and in effect sue the State
of the defendant, the action was therefore with its consent.
properly against the defendant ONLY. Ex. Writs of Execution (money claims against
- PUBLIC OFFICIAL CAN BE SUED IN HIS govt)
OFFICIAL CAPACITY WITHOUT THE A.2. SPECIAL LAW
NECESSITY OF FIRST OBTAINING THE > The express consent of the state to be sued must be
CONSENT OF THE STATE TO BE SUED. embodied in a duly enacted statue and may not be given
by a mere counsel of the govt. (Republic v. Purisima)
ULTIMATE TEST: - The waiver of the counsel is not binding upon the state.
Assuming the decision is rendered against the Incidentally, where the defendant is the RP, service of
Public officer, enforcement thereof will require an summons must be made on the SolGenm.
AFFIRMATIVE ACT FROM THE STATE, such > Amigable v. Cuenca (Nonpayment of JC)
as an appropriation of the needed fund to satisfy - The doctrine cannot be used to perpetuate injustice on
the judgement. a citizen.
Yes= against the state and its inclusion as party When the govt takes private property for public use,
defendant is necessary. conditioned upon the payment of JC, to be judicially
No= P.O himself can alone comply with the decision of ascertained, it makes manifest that it submits to the
the court w/o the necessity of involving the state. jurisdiction of the court. Hence, doctrine of immunity
IF ACTED W/O or in excess of jurisdiction Any cannot be properly invoked even though the exercise of
injury caused by him is his personal liability, & cannot the power of eminent domain is jus imperii
be imputed against the state. Santiago vs. Republic (Suit did not involve money claim
against the state: Revocation of Donation).
NOTE! DFA is the only authority to make a - Suit could proper.
determination of immunity from suit ( Determination b. Implied
that s state/instrumentality is entitled to sovereign/ 1. State commences litigation
diplomatic immunity) although the court would not be A. When the state itself files a complaint, the
precluded from making an inquiry into the intrinsic defendant is entitled to file a counterclaim against
correctness of such certificate. it.
Such determination is a POLITICAL a. Froilan v. Pan Oriental Shipping Co.
QUESTION. Hence, where the plea of - Govt filed a complaint in intervention fr the
immunity is recognized and affirmed by the purpose of asserting an affirmative relief: recovery
executive branch, it is the duty of the courts to of vessel.
accept this claim so as not to embarrass the b. Lim v. Brownwell. Govt as successor-in-interest
govt in conducting the countrys foreign of the US to the properties claimed from the latter
relations. filed a complaint in intervention, joined the
defendant in invoking the doctrine of immunity to
WAIVER OF IMMUNITY Royal prerogative of secure the dismissal of the action.
dishonesty - Since in this case the govt was not asking for any
State gives its consent. State, may divest itself of affirmative relief but had intervened only for the
its sovereign immunity thereby voluntarily open purpose of resisting his claim= No implied waiver.
itself to suit.
EXPRESS or IMPLIED 2. Enters into a contract (
a. Express manifested through a GL/ SL commercial/private/proprietary)
A.1= GENERAL LAW a. Republic v. Sandiganbayan- State is then deemed to
1. Act No. 3083- The govt of PH Islands hereby have divested itself of the mantle of immunity and
consents and submits to be sued upon any descended to the level of the ordinary individual.
moneyed claim involving liability arising from Having done so, it becomes subject to judicial
contract, express or implied, which could be action and processes.
serve as basis of civil action b/w private parties. Note: When the state gives its consent to be sued, it
2. CA No. 327 as amended by PD 1445- a claim does not thereby consent to the execution of the
against the govt must first be filed with the judgment against it. (RP vs. Villasor) Such
execution will require another waiver, lacking of functions because their charter provided that they
which the decision cannot be enforced against the can sue and be sued.
State. b. Unincorporated no separate juridical
Public funds cannot be the object of garnishment personality but is MERGED in the general
proceedings even if the consent to be sued had been machinery of the govt (DOJ, Bureau of Mines)
previously granted and the state liability adjudged. Effect: Since it has no charter and therefore has no
The power of the courts ends when the judgment is separate juridical personality, any suit filed against it is
rendered, since government funds and properties necessarily an action against the Philippine Govt of
may not be seized under writs of execution/ which it is part.
garnishment to satisfy such judgments, is based on - This being so, it is necessary to determine the
obvious considerations of public policy. NATURE of the functions in w/c the agency is
Disbursements of public funds must be covered by engaged, so as to hold it suable if they are
the corresponding appropriation as required by law proprietary and not suable if they are
(Commissioner of Public Highways vs. San diego) governmental.
(UP v. Dizon) SC emphasized the fundamental rule - Also, the non-suability of the State is available
that govt properties are not subject to levy and to the agency even if it shown that it is engaged
execution: not only in govt functions but also, as a
- A distinction must be made b/w govt funds and SIDELINE, or INCIDENTALLY, in
properties for public use and those not held for proprietary capacity. (Necessary incident to
public use. its primary function)
a. Properties held for public uses- not subject to
levy and sale under execution. The same rule EXEMPTION FROM LEGAL REQUIREMENTS:
applies to funds in the hands of a Public officer 1. Not required to put up a bond, or an appeal bond
and taxes due to a municipal corporation. since it can be assumed that it is ALWAYS
b. Properties owned by Municipal corporation in SOLVENT.
its proprietary capacity, property not used for GR: This exemption does not apply to GOCCs because
public purpose but for quasi private purposes= they have legal personality distinct from their
Subject to execution. shareholders. Thus, while their majority SH, the state,
c. Property held for public purposes is not will always be presumed solvent, such exemption does
subject to execution merely because it is not extend to the GOCC itself.
temporarily used for private purposes. If the Exemption: When the GOCC becomes a govt
public use is wholly abandoned, such property machinery to carry out a decared govt policy, it
becomes subject to execution. becomes similarly situated as its majority SH as there is
the assurance that the govt will necessarily fund its
SUIT AGAINST GOVERNMENT AGENCIES: primary functions.
- Where suit is filed not against the govt itself or 2. Cannot be generally asked to pay the legal fees
its officials BUT AGAINST one of its prescribed in the RC or the cost of the suit. (LBP in
ENTITIES, it must be ascertained WON the the performance of its govt function in agrarian
State, as the principal that may ultimately be reform proceedings= exempt)
held liable, has given its consent to be sued. Exemption: National Power Corporation and GSIS
1ST Ascertain first WON the agency impleaded is are not exempt from paying filing fees.
INCORPORATED OR UNINCORPORATED. 3. Interest is also not chargeable against it except
a. Incorporated Has a charter of its own that when it has expressly stipulated to pay it or when
invests it with a separate juridical personality. the interest is allowed by an act of the legislature or
(SSS/UP/City of Manila) in eminent domain cases where damages sustained
Effect: The test of its suability is found in its charter. by the owner take the form of interest at the legal
If its charter says so, this is true regardless of the rate.
functions it is performing. 4. Statutes of Limitation do not run against the State
Ex. Municipal Corporations (Provinces and Cities). unless the contrary is expressly provided by law.
- They are agencies of the state when they are Except: State is engaged in private business
engaged in govt functions and therefore should
enjoy the sovereign immunity. Nevertheless, they SUABILITY VS. LIABILITY
are subject to suit even in the performance of such - The mere fact that the State is suable does not
mean that it is liable. Waiver of immunity does
not mean concession of its liability, when, - It enumerates the primary aims and aspirations of
therefore, the State allows itself to be sued, all the framers and are also helpful as an AID in the
it does in effect is to give the other party an construction and interpretation of the consti.
opportunity to prove, if it can, that the state is - It makes reference to an Almighty god. (Vast
liable. majority of the Filipino people believe in an
Ex. Municipal corporations are suable because their almighty god)
charters grant them the competence to sue and be Certain sectors finds this to be inconsistent with
sued. Nevertheless, they can only be held liable if the policy of separation of church and state and
it can be shown that they were acting in a the establishment clause and somehow lessens
proprietary capacity when the tort was committed. the significance of the provisions of Art 6, Sec
29, which prohibits appropriations for sectarian
CHAPTER 5: FUNDAMENTAL PRINCIPLES purposes.
AND STATE POLICIES(Art 2, PhilCon) The constitution grants tax exemptions to
- Lay down the rules underlying our system of religious institutions and allows optional
government and must therefore be adhered to in the religious instruction in our public schools and
conduct of public affairs and the resolution of even full foreign ownership of religious
public issues. schools.
- Objective and limitations of governmental action in Prayers preceding or marking govt activities-
pursuit of the general goals announced in the Some consider this as offensive to religious
Preamble. freedom, which includes freedom not to
- SC considered some of the provisions as mere believe.
legislative guides, which absent enabling - Estrada v. Escritor- respondent cohabited with
legislation, do not embody enforceable a person other than her husband. Such
constitutional rights.(non-self executing) arrangement was sanctioned under here
Examples: religion.
Sec. 5 - maintenance of peace and order SC: Dismissed the suit invoking benevolent
Sec 18- labor as primary social and economic force neutrality approach which gives room for
Sec 4- citizens may be required to render personal accommodation of religious exercises as
military or civil service under conditions provided by required by the FREE EXERCISE CLAUSE.
law A clear exercise of her fundamental right to
Sec 26- a clear policy against political dynasties; freedom of religion.
Guarantees equal access to opportunities for public - The heart has reasons of its own which reason
service. However, the definition of political dynasties does not know. Deviation of the circumstances
has been left to Congress, which, to date, or more than of their marriage from usual societal pattern cannot
2 decades after the present constitution became be considered as a defiance of contemporary social
effective, has been unable, or unwilling, to implement mores. (Chua-Qua vs. Clave)
this clear constitutional policy.
As the SC have pointed out, there are some REPUBLICANISM
provisions in the Consti that need not even have to Sec 1. The PH is a democratic AND republican state.
be written therein. Sovereignty resides in the people and all government
By contrast, the govt cannot point to the absence authority emanates from them
of an implementing legislation as an excuse in not - Every citizen is an individual repository of
effecting such policy. sovereignty. The citizenry and not the
PREAMBLE officialdom is recognized as the origin, and
- Unlike in the 1935 Consti, the present consti is not therefore also the restriction, of all govt
couched in the 3rd person but in the 1st. authority.
Deepen the sense of involvement and - Accords citizens greater participation in the
participation in the promulgation of the consti. affairs of the govt.
Not a source of substantial rights since its purpose Right to interfere in the affairs of the govt and
is only to introduce the constitution. challenge any act tending to prejudice their interest.
However, its function is not merely rhetorical as, in a. Initiative. Referendum. Plebiscite
the first place, it serves to indicate the authors of the - Directly propose and enact laws or approve or reject
consti, to wit, we the sovereign Filipino people any act or law or part thereof passed by Congress or
local legislative body. (Act 6, Sec 32)
- Directly propose amendments to the principle of international law as part of the law of the
constitution on initiative. (Art 17, Sec2) land, and adheres to the policy of peace, equality,
b. Right to information (Health of the pres) justice, freedom, cooperation and amity with all
c. Right to file cases questioning the factual bases nations.
for the suspension of the privilege of HC or - Mem of the FAMILY OF NATIONS= bound by the
declaration of ML. generally accepted principles of IL, which are
automatically considered as part of the law of the
Republic a representative govt, a govt run by and land. (Doctrine of Incorporation)
for the people. The essence of republicanism is Effect: Application of rules of IL although they
representation and renovation, the selection of the had not been previously converted into
citizenry of a corps of public functionaries who derive statutory enactments.
their mandate from the people and act on their behalf, A. Pharmaceutical and Health care assoc. vs. Health
serving for a limited period only, after which they are Secretary
replaced or retained at the option of their principal as a - IL can become part of the DL either by
public trust and shall, according to the constitution, be transformation or incorporation.
accountable to the people. 1. TRANSFORMATION IL be transformed into
- Ours is a govt of law and of men. No one is DL through a constitutional mechanism such as
above the law; all must bow to its majesty. local legislation.
While sovereign powers are delegated to the Example:
agencies of govt, sovereignty itself remains a. Treaties (Pursuant to Art 7, Sec 21) No treaty shall
with the people, by whom and for whom all be valid and effective unless concurred in by at least
govt exists and acts. (Yick Wo v. Hopkins) 2/3 of ALL members of the Senate.
- Nobility of intention is insufficient to validate an - It must go through a process prescribed by the
unauthorized act.(Villavicencio v. Lukban) Constitution for it to be transformed into
Mayor deported 170 prostitutes from Manila to municipal law.
Davao in his desire to protect morals and health. 2. INCORPORATION By mere constitutional
SC condemned his act since there is no law or declaration, IL is deemed to have the force of DL.
even an ordinance authorizing his act. a. Mijares vs. Ranada- generally accepted principles
- It is not a pure democracy where the people govern of IL, by virtue of the incorporation law form part
themselves directly. of the laws of the land EVEN IF THEY DO NOT
DERIVE FROM TREATY OBLIGATIONS.
THE DEFENSE OF THE STATE Examples:
Sec 4. The prime duty of the govt is to serve and a. Renunciation of war as an instrument of
protect the people. The govt may call upon the people national policy.
to defend the State and, in fulfillment thereof, all **Congress is empowered to declare NOT WAR, but
citizens may be required, under the conditions the existence of a state of war presumably
provided by law, to render personal military or civil commenced/ provoked by the enemy state.
service. b. Principle of sovereign immunity
- By virtue of this right, a State may take up all c. Pacta sunt servanda
necessary effort to repel any threat to its security. (Meaning, although PH is not a signatory to a
Relate to: National Defense Act (CA No. 1), particular treaty/ international agreement, it may
Armed forces of the PH shall be composed of a still bind the PH if the same is embodied GAP of IL)
citizen armed forces which shall undergo military
training and serve, as may be provided by law. In case of conflict b/w IL and ML:
COMPULSORY MILITARY SERVICE. 1. HARMONIZE ,so as to give effect to both. For this
- . It does NOT VIOLATE the constitution. The purpose, it should be presumed that ML was
right of the govt to require CMT is a necessary enacted with proper regard for the GAP of IL.
consequence of its duty to protect and defend the 2. IRRECONCILABLE.
State and is reciprocal with its duty to defend the a. Ichong v. Hernandez: (Invalidation of Retain trade
LLP of the citizen. Nationalization ActGround: contravene several
treaties concluded by us which, under the rule of
THE INCORPORATION CLAUSE pacta sunt servanda, a GAP of IL should be
Sec 2. The Ph renounces war as an instrument of observed by us in GF.
national policy, adopts the generally accepted -
It is the statute that should be upheld because it It is not closing the door on divorce, which is left
represented an exercise of the police power of the for the legislature to allow in its discretion.
state which, being inherent, could not be bargained - **Seems to suggest a policy against abortion.
away or surrendered through the medium of a Unborn child: dependent; Child:unborn fetus from
treaty. the mothers womb.
b. Magalona v. Ermita (Necessity of the passage of - ***State intervention Police power: During the
RA 9552, which provided for NEW BASELINES childs formative years, through the school where it
for our archipelago, considering the permissive text is under the supervision and regulation of the state.
of UNCLOS III, on which said law was based)
- SC ruled in favor of the law. It would actually be Sec 13. The state recognizes the vital role of the youth
more beneficial for the PH to have internationally in nation building*, and shall promote and protect their
accepted baselines or baselines complaint with the physical, moral, spiritual, intellectual and social well-
provisions of UNCLOS III. Nevertheless, the being** It shall indicate in the youth patriotism and
prerogative of choosing this option belongs to nationalism and encourage their involvement in public
Congress, not to this Court. and civic affairs
- Absent an UNCLOS III complaint baselines law, an - *Responsibility, maturity and competence of
archipelagic state like the PH will find itself devoid the youth in the discussion and solution of
or internationally accepted baselines from where public issues vital force in nation building.
the breadth of its maritime zones and continental - **Prepare them when they assume their
shelf is measured. The enactment of UNCLOS III responsibility of leadership
complaint baselines law for the PH and adjacent
areas, as embodied in RA 9552, allows an WOMEN
internationally recognized delimitation of the - RA 9262 VAWC law. Unconstitutional for
breadth of the PH maritime zones and continental violating EPC? NO. The unequal power
shelf. (Safeguard our maritime zones) relationship b/w man and women and the fact that
c. Bayan Muna v. Romulo (Stipulation in a treaty/EA women are more likely than men to be victims of
providing for a State with the OPTION to waive violence, not to mention the widespread gender bias
its criminal jurisdiction over foreigners who comit and prejudice against women as basic distinctions
crime w/in its territory IS NOT ABDICATION b/w men and women which justify the
OF ITS SOVEREIGNTY. classification under the law (Garcia vs. Drilon:
- By virtue of the doctrine of incorporation, a 2013)
portion of a states sovereignty may be waived
w/o violating the constitution. Such waiver SOCIAL JUSTICE
does not amount to an unconstitutional SJ is not only meant to favor the poor. They apply with
deprivation of jurisdiction of PH Courts. equal force to those who, notwithstanding their more
- Treaty has greater dignity than an EA; a comfortable position in life, are equally deserving of
ratified treaty, unlike an EA takes precedence protection from the courts. SJ is not a license to trample
over any PRIOR STATUTORY on the rights of the rich in the guise of defensing the
ENACTMENT. poor, where no act of injustice or abuse is being
committed against them (Adriano v. Tanco; 2010)
REARING OF THE YOUTH
Sec 12. The State recognizes the sanctity of family life - One cannot invoke SJ at the expense of the common
and shall protect and strengthen the family as a basic welfare. (Petitioners refusal to leave the subject
autonomous social institution.* It shall equally protect property has hindered the development of the entire
the life of the mother, and the life of the unborn from area)
conception. The natural and primary right and duty of - SJ is not intended to countenanced wrongdoing
the parents in the rearing of the youth for civil efficiency simply because it is committed by the
and the development of moral character shall receive underprivileged. At best it may mitigate the penalty
the aid and support of the govt. *** but it certainly will not condone the offense. Those
- *Better home, the better the nation. It is in the who invoke SJ may do so only if their hands are
family where children are born and molded clean and and not simply because they happen to be
either to become useful citizens of the country poor.
or troublemakers in the community.
SJ is neither communism, nor despotism, nor atomism, Involvement in the direction of public affairs as
nor anarchy, but the humanization of laws and the member of the body politic.
equalization of social and economic forces by the State NOTE: LOCAL AUTONOMY IS NOT
so that justice in its rational and objectively secular INDEPENDENCE.
conception my at least be approximated. Salus populi
est suprema lex (Calalang v. Williams) ECONOMY- (Art 2, Sec 19-20-21)
Sec 19. The state shall develop a self-reliant and
SEPARATION OF CHURCH AND STATE independent national economy effectively controlled by
Sec 6. The separation of church and state shall be Filipinos.
inviolable. Sec 20. The state recognizes the indispensable role of
- Strong fences make good neighbors- delineate the private sector, encourages private enterprise, and
the boundaries b/w 2 institutions and thus avoid provides incentives to needed investments.
encroachments by one against the other because of Sec 21. The state shall promote comprehensive rural
a misunderstanding of the limits of their exclusive development and agrarian reform.
jurisdictions. These provisions shall read in consonance with:
- The doctrine cuts both ways. It not only the state 1. Art 12, sec 10, which basically gives the Congress
that is prohibited from interfering in purely the discretion to reserve to Filipinos certain areas of
ecclesiastical affairs; the Church is likewise barred investments;
from meddling in purely secular matters. The wall - It can enact laws allowing entry of foreigners
of separation b/w church and stare IS NOT A into certain industries not reserved by the
WALL OF HOSTILITY. The State in fact Constitution to Filipino Citizens.
recognizes the beneficial influence of religion in a. Espina v. Zamora Constitutionality of Retail
the enrichment of the nations life. Trade Liberalization Act, which allowed foreigners
- Union of Church and State tends to destroy the to engage in retail trade in our country.
govt and to degrade religion. Cited the case of: Tanada v. Tuvera. The provisions of
- Courts must respect and cannot review matters Art II of the 1987 constitution ARE NOT SELF
that may religious color and are therefore EXECUTING, legislative failure to pursue such
ecclesiastical affairs, including a churchs policies cannot give rise to a cause of action in the
disconnection of its ties with another entity. courts.
Art 12 of the 1987 Consti- ECONOMIC
SUPREMACY OF CIVILIAN AUTHORITY NATIONALISM.
Sec 3. Civilian authority is, at all times, supreme over It does not impose a policy of Filipino monopoly
the military. The AFP is the protector of the people and of the economic development. The objective is
the State. Its goal is to secure the sovereignty of the simply to PROHIBIT FOREIGN
State and the integrity of the national territory. POWERS/INTEREST from maneuvering our
- Although implicit in a republican system of economic policies and ensure that Filipinos are
govt, this provision is necessary in order to given preference in all areas of development.
allay all fear of a military takeover of our - Congress open certain areas of the retail trade
civilian govt. business to foreign investments instead of reserving
Relate: Art 7, Sec 18. President, who is a civilian them exclusively to Filipino citizens.
official shall be the commander-in0chief of all the RA 8762 at some point lessens the restraint on the
AFP. foreigners right to property or to engage in an
Net effect of Art 2, Sec 3 and Art 7, Sec 18. ordinarily lawful business, it cannot be said that the
President is the ceremonial, administrative and law amounts to a denial of the Filipinos right to
legal head of the AFP. He is the nations supreme property and to due process of law. Filipinos
military leader. continue to have the right to engage I the kinds of
retail business to which the law in question has
LOCAL AUTONOMY: The State shall ensure the permitted t entry of foreign investors. (Hence, no
autonomy of local govts. vio of consti)
Jeffersonian view: Municipal corporations are the small 2. Art 12, sec 11, which reserves franchises for public
republics from which the great ones derives its strength. utilities to citizens of the PH or to corporations or
Inhabitants will develop its own local resources and associations organized under the laws of the PH, at
thereby contribute to the progress of the whole least 60% of capital is owned by such citizens.
nation,
a. Gamboa v. Finance Secretary Term capital relation to Art 11, on Accountability of Public
refers to shares of stock entitled to vote.( Common Officers.
shares unless preferred shares also have VR)
- 60%- Both the legal and beneficial title must CHAPTER 6. SEPARATION OF POWERS
rest in the hands of Filipino nationals The 3 branches must discharge their functions w/in the
3. Art 12, sec 12, use of Filipino labor, domestic limits of authority conferred by the Consti. Neither the
materials and locally produced goods and adopt Congress, the President, nor the Judiciary MAY
measures that help them make competitive. ENCROACH on fields allocated to the other branches.
- SC characterized the resolution of by the
MISCELLANEOUS PROVISIONS (sections 15-17; Electoral Tribunals of election contests as
22- 24, 26-28) essentially an exercise of judicial power
1. Sec 15 (health) & Sec 16 (balanced and healthful although subject to judicial review- via a
ecology)- need not even be written in the consti for petition for certiorari filed by the proper party-
they are ASSUMED TO EXIST from the inception if there is a showing that the decision was
of humankind. rendered with GAD tantamount to lack or
2. Sec 28 (full public disclosure involving public excess of J.
interest) SELF EXECUTING PROVISION. It INTERDEPENDENCE and NOT
compliments the right to access to information on INDEPENDENCE.
matters of public concern found in the Bill of While it is desirable that there be a certain
Rights. It recognizes the duty of the officialdom to degree of independence among them, it is not in
give information even if nobody demands it. the public interest for them to deal with each
3. Sec 22 (rights of indigenous cultural other at arms length or with hostility as this
communities) might result in frustration of common
Province of North Cotabato v. Govt of the RP Peace objectives of the govt.
panel on Ancestral Domain- SC annulled the MOA
establishing BANGSAMORO JURIDICAL ENTITY PURPOSE
as an associated state. - Prevent a concentration of authority in one
The act of placing a portion of the PH territory in a person or group of persons that might lead to an
status which, in international practice, has generally irreversible error or abuse to the detriment of our
been a preparation for independence, is NOT republican institutions.
CONDUCIVE TO NATIONAL UNITY. - It ordains that each of the 3 great branches of the
Indigenous people situated w/in states do not have govt has EXCLUSIVE cognizance of and is
a general right to independence or secession from SUPREME in matters falling within its
those states under IL, BUT they do have rights constitutionally allocated sphere.
amounting to what was discussed above as right to Effect:
internal self determination. 1. Legislature enactment of laws and may not
Right to Self-determination Right of the state to enforce/apply them
FREELY DETERMINE their political, economic, 2. Executive enforcement but may not enact/apply
social and cultural development. 3. Judiciary application of laws and may not enact
a. Internal self-determination a peoples pursuit of or enforce them.
its political status and freely pursue their economic, - Courts cannot limit the application of a law/
social and cultural development within the impose conditions not provided therein. To do
framework of an existing state. so, JUDICIAL LEGISLATION.
b. External Self-determination Establishment of a
sovereign and independent state, the free BLENDING OF POWERS
association or integration with an independent state When powers are not confined exclusively within 1
or the emergence into any other political status dept but are in fact SHARED by several departments.
freely determined by a people. In effect, they may better collaborate with and, in the
4. Section 23 (Non- governemental, community process, check each other for the public good.
based, or sectoral organizations) Effect: Difficulty in classifying which power is
5. Section 26 (equal access to public service and definitely L-E-J.
prohibit political dynasties); Sec 27 (honesty and
integrity in the public service and on measures
against graft and corruption) are to be read in
Illustration # 1: Preparation of the GENERAL What it is upholding is NOT its OWN supremacy, but
APPROPRIATIONS LAW. the SUPREMACY OF THE CONSTITUTION.
Begins with the preparation by the president of
the budget, which becomes the basis of the bill DUTY # 1:
adopted by the Congress and subsequently Ascertain WON a given power has been validly
submitted by it to the president, who MAY exercised by a particular dept.
approve it.
Illustration # 2: Grant of Amnesty by the President. CONSTITUTIONALLY conferred upon the
Requires the concurrence of a MAJORITY of department, claiming its exercise? Yes? Exercise
all members of the CONGRESS (Senate + sustained.
House) a. Conferment of power is usually done expressly.
Illustration # 3: COMELEC does not ALONE Legislative: Congress; Executive: President;
deputize law enforcement agencies and Judiciary: SC. As may be readily noticed, there is
instrumentalities of the govt for the purpose of honest no problem as to the validity because they naturally
and peaceful election BUT with the CONSENT of the pertain to the agencies in which they have been
PRESIDENT. reposed.
BUT this is not always the case!!!
CHECKS AND BALANCES Illustration # 1. POWER TO IMPEACH, essentially
Compliments doctrine of SP. By means of which, one executive, and the power to try and decide
department is allowed to RESIST impeachment cases, essentially judicial, ARE
ENCROACHMENTS upon its prerogatives or to expressly lodged in the CONGRESS, as so too is the
RECTIFY MISTAKES OR EXCESSES committed by power of investigation which is more exe or judi than
other departments. legi.
- System of Counteraction. Illustration # 2. SC can exercise the executive power
- Ends of the govt are better achieved through of removal over judges of inferior courts although
the exercise by its agencies of only the powers appointed by the president. (Consti permits it)
assigned to them, subject to the reversal in Illustration # 3. President may be authorized by
proper cases by those constitutionally Congress to exercise tariff powers and emergency
authorized. powers, both of them legislative in nature. . (Consti
Illustration # 1: Lawmaking power of the Congress is permits it)
checked by the President through his VETO power,
which in turn may be overridden by the legislature. b. By Doctrine of Implication. The grant of express
(Parties: Leg-Exec) power carries with it all other powers that may be
Illustration # 2: Congress may refuse to give reasonably inferred from it.
concurrence to an amnesty proclaimed by the President Illustration # 1. Power to punish contempt (essentially
and the Senate to a treaty he has concluded. (concurred judicial) can be exercised by the legis, more so now, that
in by at least 2/3 of ALL members of the Senate) they are vested express POWER TO CONDUCT
(Parties: Leg-Exec) INVESTIGATION in aid of legislation.
Illustration # 3: President may nullify a conviction in
a criminal case by pardoning the offender. (Parties: c. INHERENT/INCIDENTAL
Exec- Jud) Illustration # 1. President, as head of the govt, may
Illustration # 4: Congress may limit the jurisdiction of independently of constitutional or statutory authority
the SC and that of inferior courts and even abolish the DEPORT undesirable aliens as an Act of State.
latter tribunals. (Parties: Leg-Jud) Illustration # 2. Congress can punish any person who
Illustration # 5: Judiciary in general, has the power to IMPUGNS its integrity without proof.
declare invalid an act done by Congress, President and Illustration # 3. Courts may claim contempt power
his subordinates, or ConCom. (Parties: Jud-Leg-Exec) inherent in the judiciary.

ROLE OF THE JUDICIARY JUSTICIABLE and POLITICAL QUESTIONS


While it is the Judiciary which sees to it that the Although the power in question has been
constitutional distribution of powers among the several constitutionally conferred by the consti to the dept
departments is respected and observed, it does not claiming its exercise, the power of the judiciary is not
mean that it is SUPERIOR to the other departments. yet terminated.
Duty # 2: TANADA v. CUENCO
Ascertain WON the act in question had been Political Question question of policy. It refers to
performed in accordance with the rules laid down by those questions which, under the consti, are to be
the Consti. (PROCEDURAL RULE) decided by the people in their sovereign capacity; or
Justiciable Question: Courts can intervene, in regard to which full discretionary authority has
no encroachment as it is the particular role of been delegated to the legislative or executive branch
the courts to ensure proper observance of the of the govt. It is concerned with issues dependent
constitution.) upon the WISDOM, not LEGALITY of a particular
measure.
Justiciable Question (Casibang v. Aquino)
A purely JQ implies a given right, legally demandable SANIDAD v. COMELEC
and enforceable, an act or omission violative of such Where the vortex of the controversy refers to the
right, and a remedy granted and sanctioned by law, for legality or validity of the contested act, that matter is
said breach if right. definitely justiciable. What is in the heels of the court is
not the wisdom of the act of the incumbent president in
BUT where the matter falls under the discretion of proposing amendments, but his CONSTITUTIONAL
another department/ people themselves, the AUTHORITY to perform such act or to assume the
decision reached is in the category of a PQ and power of a constituent assembly. Whether the
consequently may not be subject to Judicial R. amending process confers on the president that
- Wisdom, efficacy, or practicability of law power to propose amendments is therefore a
Congress. downright JQ. If the constitution provides how it may
- Interpretation of certain provisions of the be amended, the judiciary as the interpreter of the
consti, other high crimes as a ground for consti, can declare whether the procedure followed or
impeachment. (Congress) the authority assumed is valid/not.
NOT THE SAME with respect to the definition
of betrayal of public trust, which is among the APPLICATION OF THE DOCTRINE
grounds for impeachment, when invoked by the 1. Abueva v. Wood Writ of Mandamus could not be
president in removing a non-impeachable officer, issued against the president to compel him to
ex. Deputy Ombudsman, pursuant to a statute. produce certain vouchers relative to the expenses of
(Gonzales v. Office of the President, 2012) an official mission.
Betrayal of public trust LESS THAN CRIMINAL 2. Severino v. Governor-General Writ of
but must be ATTENDED BY BF and such gravity and Mandamus to call a special election though this
seriousness as the other grounds for impeachment. duty was imposed on him by law in mandatory
- The legislature could not have intended to language.
redefine constitutional standards of xx betrayal of 3. In re dick Discretionary power of the Chief
public trust xx and apply them less stringently. Executive to ascertain the necessity for the
The fact that it have been made statutory ground EXPULSION of an ALIEN for the protection of the
for the removal by the president of a DO from national interest.
office cannot diminish the seriousness of their - In ALL CASES, the powers involved were
nature nor acuity of their scope. It could not discretionary in the executive and therefore
suddenly overreach to cover acts that are not not subject to judicial compulsion.
vicious or malevolent on the same level as the 4. Aytona v. Castillo Appointing Power. Conflict
other grounds for impeachment. b/w the outgoing and incoming president. SC
refused to assume jurisdiction on the ground of SP.
DISTINCTION B/W JQ AND PQ 5. De la Llana v. Comelec SC refused to restrain the
HOLDING OF A REFERENDUM= The calling
Illustration no. 1.Suspension/Expulsion of a member thereof lay in the exclusive discretion of Pres
of the Congress, which must be based upon the ground Marcos.
of disorderly behavior and concurred in by at least 2/3 6. Custodio v. Senate President Certain provisions
of ALL HIS COLLEAGUES. of GA law. SC refused to assume J. It affects the
- Determination of disorderly behavior is a wisdom and proprietary of the law. Remedy: Resort
political question but the disciplinary measure may to the BAR OF PUBLIC OPINION.
nonetheless be disauthorized if it was supported by 7. Vera v. Avelino 3 senators were prevented from
LESS THAN the required vote. (Procedural Rule) taking oath via reso of the senate. Went to the SC
and alleged that only the Electoral Tribunal had it was provided by law that such official had the
jurisdiction over contests relating to their election. rank and provileges of a judge of the RTC.
SC refused to assume jurisdiction. Case was not a - Neither may the SC be compelled by law to act as a
contest and affirmed the inherent right of the mere BOARD OF ARBITRATORS, an essentially
legislature to determine who shall be admitted to its executive body, particularly because whatever
membership/punish members. decisions it might make in the discharge of its
8. Philippine Coconut Producers Federation v. admin functions would ultimately have to be
Republic. Corollary to the principle of SP is the reviewed by the SAME MEMBERS in the exercise
doctrine of primary jurisdiction that the courts will of its judicial functions.
defer to the decisions of the administrative officers BASIS: ART 8, sec 12. Members of the SC and of
and agencies by reason of their expertise and other courts established by law SHALL NOT be
experience in the matters assigned to them. designated to ANY AGENCY performing QUASI-J or
9. Phil. Bar Assoc v. COMELEC. Snap Elections on ADMINISTRATIVE F.
February 7, 1986 by the Batasang Pambansa is a
political question resoluble only by the sovereign POLITICAL QUESTION under the 1987 Consti
electorate.
Scope of PQ appears to have been constricted because
IN re: Impeachment Proceeding (ART 2, Sec 3) of the new definition of JUDICIAL POWER, which
Proper committee of the HR shall submit a report now includes the duty to determine whether or not
on an impeachment complaint, together with its there has been a grave abuse of discretion amounting
corresponding resolution (Report + Reso) to the to lack or excess of jurisdiction on the part of any
House w/in 60 days from its referral to the same, branch or instrumentality of the Govt. Estrada v.
and said reso shall be calendared for consideration Desierto.
by the House win 10 days from receipt.
A vote of atleast 1/3 of ALL members of the HR Effect: Judicial Review is available even against the
shall be necessary to AFFIRM or OVERRIDE its Executive and Legislative Depts, including the
counter reso. president and the Congress, in the exercise of their
discretionary power.
10. Barcelon v. Baker and Montenegro (Nature of the Art 7, Sec 18. SC may review, in an appropriate
presidents power to determine the existence of the proceeding filed by any citizen, the sufficiency of
grounds specified in the constitution for the the factual basis of the proclamation of martial law
suspension of the privilege of the writ of HC) or the suspension of the privilege of HC or the
- This power was discretionary and therefore not extension thereof.
justiciable, on the justification of the superior The PROBLEM is: It is not clear what discretionary
competence of the president to assess the peace acts are subject to JR, outside of those specifically
and order condition of the country. mentioned in the Constitution, and what acts remain
This doctrine was abandoned in Lansang v. Garcia. prerogatives of the political departments that, even with
SC asserted the right to inquire into the factual basis of the enlargement of judicial power, cannot be examined
the suspension and to annul the same if it appeared from by the courts of justice.
its own investigation that the grounds invoked by the - In any event: The courts have no right to DIRECTLY
president were not actually existing. decide matters over which FULL DISCRETIONARY
However, this decision itself was later abandoned in AUTHORITY has been delegated to the Exec. Branch,
Garcia-Padilla v. Enrile, where the original ruling in the or to substitute their own judgments for that of the Exec.
Barcelon and Montenegro case was reinstated to make Branch (ex. DOJ).
the questioned power discretionary. - Courts will not interfere with the executive
Latest: NO MORE. See: Art 7, Sec 18, PhilCon determination of probable cause for the purpose of
SC may review, in an appropriate proceeding filed by filing an information, IN THE ABSENCE OF GRAVE
any citizen, the sufficiency of the factual basis of the ABUSE OF DISCRETION:
proclamation of martial law or the suspension of the It must be so patent and gross as to amount to
privilege of HC or the extension thereof. an evasion of a positive duty or a virtual refusal
to perform appositive duty enjoined by law or
11. Noblejas v. Teehankee. Administrative to act at all in contemplation of law, such as
Investigation of an executive official should be where the power is exercised in an arbitrary
undertaken by the President and not the SC even if and despotic manner
of the Consti. Also, where the issues involved PUBLIC
1. Neri v. Senate Committee on Accountability of INTEREST, the court has the discretion to brush aside
P.O. Senate gravely abused its discretion in citing technicalities of procedure.
the petitioner for contempt for his refusal to answer
questions in the course of a legislative inquiry. CHAPTER 7. DELEGATION OF POWERS
Reason: There is a legitimate claim of EXECUTIVE Potestas delegata non delegari potest
PRIVILEGE. - What has been delegated cannot be delegated. It is
2. Lawyers Against Monopoly and Poverty v. Sec of based upon the ethical principle that such delegated
Budget and Management. PDAF is constitutional. power constitutes not only a right but a duty to be
The proper procedure appeared to have been performed by the delegate through the
followed and petitioner had not adequately instrumentality of his own judgment and not
established that the said law constituted an through the intervening mind of another.
ENCROACHMENT ON EXEC. POWER by - A further delegation of such power, unless
enabling legislators to propose and choose the permitted by the sovereign power, would constitute
projects for which said fund is to be used. a negation of this duty in violation of the trust
- To justify nullification: CLEAR AND reposed in the delate mandated to discharge it
UNEQUIVOCAL and NOT A DOUBTFUL directly.
BREACH of the Consti. In case of doubt, the - This principle is APPLICABLE to ALL the 3 major
Court must sustain the legislation because to powers of the govt but is especially important in
invalidate a law based on BASELESS the case of the legislative power because of the
SUPPOSITION is an affront to the wisdom not many instances when its delegation is permitted.
only of the legislature that passed it but also of Observation: Delegation (LP) has become the
the executive which approved it. rule and non-delegation the exception:
3. Belgica v. Executive Secretary- Ruling in the Increasing complexities of the task of the govt
Lawyers Against Monopoly and Poverty v. Sec of and the growing inability of the legislature to
Budget and Management HAS BEEN cope directly with the many problems
ABANDONED. demanding its attention.
- SC nullified a similar PDAF Article in the 2013 Ex. Regulation of common carriers.
GAA, stating among others THE 2013 PDAF - Congress may then create an administrative
as well as ALL OTHER PROVISIONS of law body like the LTFRB and empower it to
which similarly allow legislators to wield any promulgate the needed rules and regulations,
form of POST ENACTMENT AUTHORITY subject only to certain statutory limitations pre-
in the implementation or enforcement of the determined by the legislature itself.
budget, unrelated to congressional oversight, - Better left to be solved by more capable
AS VIOLATIVE OF THE SP principle and entities and at the same time enable it to
thus UNCONSTITUTIONAL. tackle the more serious problems.
- 2013 PDAF Article confers post-enactment
identification authority to individual PERMISSIBLE DELEGATION:
legislators, violates the principle of NON 1. Tariff Power to the Pres
DELEGABILITY since said legislators are 2. Emergency powers to the Pres
effectively allowed to individually exercise 3. D. to the people at large
the power of appropriation which as settled in 4. D. to local govt
Philconsa- is lodged in CONGRESS. 5. D. to Administrative bodies
4. Petitioner Organization v. Executive Secretary.
Issue: Assumption of SC of jurisdiction over the A. TARIFF POWERS [Sec 28 (2)]
petitions questioning the constitutionality of certain - Pres is granted STAND-BY or FLEXIBLE TP in
Eos issued by the President considering that the the Tariff and Customs Code conformably to the
were NO ONGOING PROCEEDINGS before above provision.
any board or tribunal which would have warranted Reason: Necessity + Expediency, of giving the pres
its exercise of its power of judicial review. the authority to act immediately on certain matters
- Where there are serious allegations that a affecting the national economy lest delay result in
law has infringed the Consti, it becomes not only the hardship to the people.
right but the duty of the court to look into such
allegations and, when warranted, uphold the supremacy
B. EMERGENCY POWERS [Sec 23 (2)] funds for public works and the relief of typhoon victims.
- In times of WAR or other NATIONAL These acts were challenged in the second Emergency
EMERGENCY, it is not likely that a quorum can Power Cases, where the additional circumstance
be convened in the Congress to enable it to do appeared that the Congress had passed House Bill No.
business. Assuming such quorum, there is still the 727 repealing all EMERGENCY Powers Acts except
decisiveness and delay inherent in the lawmaking that this measure had been vetoed by the Pres.
process that may hamper effective solution of the - National Assembly intended it to be only for a
problems caused by the emergency. limited period. If it be contended that the Act has
EFFECT: President becomes in effect a not yet been duly repealed, and such step is
CONSTITUTIONAL DICTATOR. But in strict legal necessary to a cessation of the EP delegated to the
theory, there is no total abdication of legislative Pres, the result would be obvious unconstitutional,
authority in his favor. since it may never be repealed by the Congress, or
- Subject to certain restrictions= AGENT rather if the latter ever attempts to do so, the Pres may
than a replacement of the legislature. wield his veto. The situation will make the Congress
and the Pres to determine the indefinite duration of
CONDITIONS: the delegation of LP in palpable violation of the
1. There must be a war or other national emergency. constitutional provision that any grant thereunder
2. It must be limited for a LIMITED PERIOD. must be for a limited period, necessarily to be fixed
3. Subject to such RESTRICTIONS as the Congress by law itself and not dependent the will of the
may provide. Congress/Pres.
4. EP must be exercised to carry out a NATIONAL
POLICY declared by Congress. A. David v. Arroyo (2006). SC declared that, while the
PRESIDENT ALONE can declare a state of
- EP are self-liquidating unless sooner withdrawn, national emergency, he MAY NOT INVOKE this
in the sense that they will automatically cease upon provision to authorize him during the emergency
the end of the emergency that justified their to temporarily take over or direct the operation of
delegation. any privately owned public utility or business
- Conferment of EP on the Pres is NOT affected w/ public interest w/o authority from
MANDATORY. The Congress may choose to on to Congress.
its legislative power and validly refuse to delegate
it; or should it decide to so, limit its duration and B. Divinagracia v. Consolidated Broadcasting
terminate it even before the end of the emergency. System Inc. (2009). SC acknowledged that the Pres
- Existence of EMERGENCY does not automatically has been authorized to exercise considerable
confer EP on the Pres. Emergency itself cannot infringements on the right of the franchisees to
and should not create power. operate their enterprise. The court cited RA 7477
- The mere continuance of the emergency does not Se. 5, which provides that Pres in times of national
necessarily continue the Presidents EP if they have emergency may take over and operate stations in the
been granted to him for a shorter period. interest of public interest, or authorize the
- EP that is necessary and proper only for the temporary use/operation thereof by any agency of
purpose of carrying out a national policy. the Govt, UPON DUE COMPENSATION to the
A. Emergency Powers Cases grantee, for the use of said stations during the period
- Exercise by Pres Quirino of EP. At stake was the when they shall be so operated.
validity of certain executive orders promulgated by
Pres. Quirino providing specifically for the DELEGATION TO THE PEOPLE
appropriation of public funds in the operation of the xx except in those cases where, by the consti, the
NG and the conduct of the 1949 elections, the people have expressly reserved to themselves a power
control of the exports, and the regulation of rentals of decision, the function of legislation cannot be
of residential lots and buildings. EOs INVALID exercised by them, even to the extent of accepting or
because: rejecting a law which has been framed for their
CA 671 became inoperative when Congress met consideration xx
in regular session in May 25, 1948 and that Eos No The people have voluntarily surrendered that power
were issued w/o authority of law when they adopted the consti. (Democratic and
Despite this decision, Pres. Quirino continued Republican State)- by representation.
exercising EP, promulgating 2 EOs appropriating public
Referendum a method of submitting an important 1. THE COMPLETENESS TEST
legislative measure to a DIRECT VOTE of the whole - The law must be complete (sets forth therein the
people. policy to be executed, carried out or implemented
Art 17, Sec 3 (c)- power of the electorate to by the delegate) when it leaves the legislature so
APPROVE or REJECT a LEGISLATION that there will be nothing left for the delegate to do
through an election called for the purpose. EXCEPT TO ENFORCE IT.
Plebiscite decree of the people; questions If there are GAPS that will prevent its
submitted to the people are intended to work more enforcement unless they are first filled, the
permanent changes in the political structure, ex. delegate will then have the opportunity to step
PROPOSAL TO AMEND THE CONSTITUTION. into the shoes of the legislature and to exercise
Art 17, Sec 3 (e)- The electoral process by a discretion especially legislative in order to
which an initiative on the CONSTITUTION repair the omissions. THIS IS INVALID D.
is approved or rejected by the people.
2. SUFFICIENT STANDARD TEST
DELEGATION TO LOCAL GOVERNMENTS - Intended to map out the boundaries of the
- LGUs are more knowledgeable than the NG on delegates authority by defining the legislative
matters of purely local concern and are therefore in policy and indicating the circumstances under
a better position to enact necessary and appropriate w/c it is to be pursued and effected.
legislation thereon. - Prevent a total transference of legislative power
- NO transfer of genera legislative power. from the lawmaking body to the delegate, who
- Power of ED and, under the GWC, the police is NOT ALLOWED to step into the shoes of
power have been expressly delegated by the the legislature and exercise a power
legislature to the Local lawmaking bodies; PT is, essentially legislative.
however, derived by them directly from the consti, - Usually indicated in the law delegating the
subject to limitations that may be imposed by the legislative power.
Congress.
THE PELAEZ CASE
DELEGATION TO ADMINISTRATIVE BODIES Issue: Validity of Sec 68 of the Revised Admin
Reason: (same,same LGU). With the proliferation of Code empowering the Pres to create, merge, divide,
specialized activities, the Congress has found it more abolish or otherwise alter the boundaries of
necessary to entrust to Admin Agencies the POWER municipal corporations.
OF SUBORDINATE LEGISLATION. Although the Congress may delegate to another
- With this power, admin bodies may implement branch of the Govt the power to fill details in the
the broad policies laid down in a statute by execution, enforcement, or administration of law,
filling in the details which the Congress may it is essential, to forestall a violation of the principle
not have the opportunity or competence to of SP, that said law must satisfy THE
provide. (Ex. IRR)These regulations have the COMPLETENESS TEST and SUFFICIENT
force and effect of law. STANDARD TEST. Indeed, w/o a statutory
For an Admin Regulation to be VALID, declaration of policy to be carried out or
1. Promulgation must be authorized by the legislature; implemented by the pres, which is the essence of
2. Must be w/in the scope of the authority given by the every law, and, without the aforementioned
legislature; standard, there would be no means to determine,
3. It must be promulgated in accordance w/ prescribe with reasonable certainty, whether the delegate has
procedure; and acted w/in or beyond the scope of his authority.
4. Reasonable. Hence, he could arrogate upon himself both the
power to make the law and worse to unmake it.
TESTS OF DELEGATION
QUESTION: WON the delegation has been validly CHAPTER 8. THE LEGISLATIVE
made. DEPARTMENT
- IN ALL CASES, it must be circumscribed by - New Congress represents a return to Bicameralism
LEGISLATIVE RESTRICTIONS. Otherwise, after our recent experiment w/ unicameralism, w/c
delegation itself in legal effect an ABDICATION OF was established by the 1973 Consti and, in fact, also
LEGISLATIVE AUTHORITY, a total surrender by the initially provided for in the 1935 before it was
legislature of its prerogatives in favor of the delegate. amended in 1940.
- PRESENT: Congress consists of HS and HR. - One cannot have 2 residences at the same time;
Acquisition of a new residence results in the
Some changes: forfeiture of the old.
Art 6, Sec 1. The LP shall be vested in the Congress - An intention to abandon his old residence cannot be
of the PH which shall consist of a Senate and a HR, inferred from his act in establishing a home
except to the extent reserved to the people by the elsewhere/ otherwise conducting his activities
provision on initiative and referendum. therein, in the absence of a clear showing that he has
decided to adopt a new residence.
POWERS that are NON-LEGISLATIVE in nature: Ex. A built a house in Manila and engages in the
1. Canvass of the presidential elections practice of law therein. However, he occasionally visits
2. Declaration of the existence of war his relatives and properties in his home province.
3. Confirmation of Amnesties EFFECT: Legal residence= HOME prov.
4. Thru COA: presidential appointments
5. Amendment/revision of the Consti DOMICILE question of intention & circumstances.
6. Impeachment Under CIRCUMSTANCES, these 3 rules must be borne
in mind:
SENATE: 1. A man must have a residence/domicile somewhere
1. COMPOSITION 2. When once established, it remains until a new one
Sec 2. The senate shall be composed of 24 Senators is acquired.
who shall be ELECTED AT LARGE* by the qualified 3. Only 1 domicile at a time.
voters of the PH
- * Intends to make the Senate a training ground for If one actually wants to EFFECT CHANGE OF
national leaders and possibly a springboard to the DOMICILE:
Presidency. Having a national rather than only a a. There must be an ACTUAL REMOVAL/
district constituency, a senator will have a broader ACTUAL CHANGE of domicile;
outlook of the problems of the country. With such b. Bonafide intention of abandoning former place of
perspective, the Senate is likely to be more residence and establishing a new one; and
circumspect and broad-minded than the HR. c. Definite acts which correspond w/ the purpose.
W/O THE CONCURRENCE OF THESE 3,
2. QUALIFICATIONS DOMICILE OF ORIGIN CONTINUES.
Sec 3. No person shall be a Senator unless he is a NB
Citizen of the PH, and, on the day of the election is at **Voter Registration/ Voting Strong presumption
least 35 yrs. of age, able to R&W, a registered voter, of residence but NOT CONCLUSIVE EVIDENCE.
and a resident of the PH for NOT LESS THAN 2 1. Perez v. Comelec. Persons registration as voter in
YEARS immediately preceding the day of the election. one district other than his original residence is not
sufficient to conclude that he is not registered
1. NB CITIZEN(Art 4, Sec 2) somewhere else or that he has abandoned his
a. Those who are citizens of the PH FROM BIRTH original residence.
w/o having to perform any act to acquire or 2. Limbona v Comelec. Marriage: Change of
perfect their PH citizenship. residence.
b. Those who ELECT PH CITIZENSHIP in - Presumed to have changed her domicile upon
accordance w/ par (3), sec (2) hereof. marriage/ operation of law consistent w/ the
provisions of the Family Code to wit spouses shall
2. AGE requirement have a single family domicile, unless one of them
- 35 yrs old on the DAY of election, that is when maintains a separate residence.
the polls are opened and the votes are cast, and not
on the day of the proclamation of the winer by the PARTY LIST REP Residence in any part of the PH
BOC. DISTRICT REP Residence must be within the
district where he is running.
3. RESIDENCE (Domicile) Place where one
HABITUALLY resides and to which, when he is 3. Mitra v COMELEC. (2010) Purpose of residence
absent, he has the INTENTION OF RETURNING. requirement. well represented
Prevent strangers/ newcomers unacquainted
with the conditions and needs of a community
from seeking elective offices in that Illustration # 1: Senates power to punish for contempt
community. subsists despite periodical dissolution of the
Congress/HR. As long as the Senate, which is a
Familiarity with these circumstances can only come continuing body, persists in performing the particular
with residency in the constituency to be legislative function involved.
represented. To hold otherwise would mean that the senate would
have to resume the investigation at the next and
Qualifications: succeeding sessions and repeat the contempt
1. Continuing requirements. Must be present the proceeding.
entire duration of the members incumbency. - However, with regard to pending/ unfinished matters
2. Exclusive. Congress cannot provide by mere of the Senate of a previous congress are considered
legislation for additional qualifications. terminated upon the expiration of the Congress and it
UNCONSTITUTIONAL. is merely optional on the Senate of the succeeding
- Legislative Power remains limited in the sense congress to take up such unfinished matters, not in the
that it is subject to substantive and same status, but as if presented for the first time.
constitutional limitations. The consti is the (Arnault v. Nazareno, 2008)
basic law to which all law must conform. No
act, however noble remains to be invalid as long Art 6, Sec 4. No senator shall serve for more than 2
as it is in conflict with the consti. CONSECUTIVE terms. Voluntary resignation of the
office for any length of time shall not be considered as
3. TERM (Art 6 and Art 18 respectively) an interruption in the continuity of his service for the
full term for which he was elected.
Sec 4. The term of office of the SENATOR shall be 6 yrs. X more than 12 years consecutive years.
and shall commence on the noon of June 30 following
their election. HOUSE OF REPRESENTATIVE
COMPOSITION:
Sec 2. The Senators, Mem of the HR, and the local 1. District representative elected directly and
officials first elected under this Constitution (1987) personally, from the territorial unit he is seeking to
shall serve until noon of June 30, 1992. represent.
2. Party-list representative indirectly, through the
Of the Senators elected in the election in 1992, the first party he represents, which is the one voted for by
12 obtaining the highest number of votes shall serve for the electorate. (Party list listem: 1987 Consti)
6 yrs and the remaining 12 for 3 yrs.
Sec 5. HR shall be compose of X more than 250
The 24 senators first elected under this members, unless otherwise fixed by law, who shall be
Constitution on the second Monday of May 1987 (1) elected from legislative districts apportioned
served a term of only 5 years ending on June 30 among the provinces, cities and the Metropolitan
1992. Manila area xxx and those who, as provided by law,
Of the 24 senators elected in 1992, the first 12 shall be (2) elected through a party-list system of
obtaining the highest number of votes served the registered national. Regional and sectoral parties/org.
full term of 6 yrs. expiring in 1998, and the last 12 (2) The PLR shall constitute 20% of the total
served a term of only 3 years ending in 1995. membership of the HR. For 3 consecutive terms after
The 12 senators elected in 1995 served the full the ratification of this constitution, (10%??) of the
term of 6 yrs. Those elected in 1998 also served the seats allocated to to PLR shall be filled, as provided by
full term of 6 years as so too those elected in 2001. law, by selection or election from LABOR, PEASANT,
In other words, beginning 1995, 12 senators were URBAN POOR, ICC, WOMEN, YOUTH, and such
elected every 3 years, to serve the full term of 6 OTHER sectors as may be provided by laws, EXCEPT
years, so unlike the HR, the Senate shall not at any THE RELIGIOUS SECTOR.
time be completely dissolved. One half of the (3) Each legislative district shall comprise, as far as
membership is retained as the other half is practicable, CONTIGUOUS, COMPACT and
replaced or re-elected every 3 years. ADJACENT territory. Each city with a population of at
Continuing institution, as it is not dissolved as least 250K, or each province, shall have at least ONE
an entity w/ each national election or change in the REP.
composition of its members.
(4) W/in 3 years following the return of every census, population may hereafter increases to more than
the Congress shall make a reappointment of legislative 250K SHALL be entitled in the immediately ff.
districts based on the standards provided in this section. election to atleast one member or such number of
members as it may be entitled to on the basis of the
A. THE DISTRICT REPRESENTATIVES no. of inhabitants xx.
250 members were originally provided for in Ex. Conversion into a Highly Urbanized city=
the HR to be directly elected from the various automatically resulted in its establishment as a
legislative districts created by the Ordinance legislative district. It should be noted that a
appended in the 1987 Consti. PLEBISCITE was necessary for the validity of said
Territory was divided into 13 regions, in turn CONVERSION. However, the same may be
comprising 200 districts apportioned among the dispensed with where NO NEW TERRITORY or
P, C, MM in accordance w/ the no. of their NO CHANGE in an existing territory is made under
respective inhabitants and on the basis of a the law, and ONLY A REAPPORTIONMENT or
uniform and progressive ratio. the creation of an additional district is done.
- This initial apportionment shall be subject to **Power to create legislative districts Only Congress.
adjustment by the Congress w/in 3 yrs ff. the That is why in Sema v. COMELEC, the Muslim
return of every enumeration to make the Mindanao Autonomay Act, authorizing the govt of the
representation of the entire nation as equitable ARMM to CREATE PROVINCES and CITIES=
as possible. When making such apportionment, UNCONSTI. Because such power involves the power
the Congress shall see to it that each city with a to create legislative district which only Congress
population of at least 250K, or each province, possesses. It may however, be authorized by law to
shall have at least ONE REP. create MUNICIPALITIES and BRGYs.

GERRYMANDERING arrangement of districts in B. THE PARTY LIST REPRESENTATIVE


such a way as to favor the election of preferred - shall constitute 20% of the total membership
candidates (usually re-electionist) through the inclusion of the body (HR), including such
therein only of those areas where they expect to win, representatives.
regardless of the resultant shape of such districts. - Selection of the party list representatives are
(Compact- solid; Contiguous- physical contact; embodied in RA 7941.
adjacent- close) Sec 2. xx proportional representation in the
election of representatives in the election thru a
a. Navarro v. Ermita (2011) A proposed province party-list system of registered N, R, and
composed of one or more islands need not comply Sectoral parties/org/coalitions thereof, which
with the 2000 sq.meter contiguous territory will enable Fil Citizens belonging to the
requirement under the LGC. marginalized and underrepresented sectors,
b. Macias v. COMELEC authority for the view that and who lack well defined political
The validity of a legislative apportionment constituencies xx to become members of the HR
measure is a JUSTICIABLE QUESTION, xx
involving as it does certain requirements the a. Atong Paglaum v. COMELEC (2013)
interpretation of which does not call for the SC, in setting the parameters for participation in
exercise of legislative discretion. the party-list elections, clarified that, consistent
c. Herrera v. COMELEC The basis for districting with the provisions of sec 5 (1), the PLS provides
is the number of INHABITANTS of a for 3 different groups, (1) national, (2) regional, (3)
province/city, and NOT the no. of its registered sectoral.
inhabitants. a. N/R DO NOT NEED to organize along
*250K requirement applies ONLY to cities, and NOT sectoral lines and do not need to represent any
to provinces, although the LGC provides for a min. marginalized and underrepresented sector.
population of 250K as an alternative req for the b. Political Parties can participate in Part-list
establishment of a province. elections provided:
**Additional 250K population req is also NOT 1. They register under the PLS; and
NECESSARY to the creation of an ADDITIONAL 2. DO NOT FIELD candidates in legislative
LEG. DISTRICT for cities/provinces. district elections.
- Mariano v. Comelec (1995) Any province that
may hereafter be created, or any city whose
- Otherwise, they can only participate in the PLE the PLS to be distributed by the COMELEC among
only thru its SECTORAL WING that can all precints (Conflict: Duty of the COMELEC to
separately register under the PLS. disclose and release the names of the nominees of
- The sectoral wing is by itself an independent the PL groups.
sectoral party, and is linked to a political Only persons who have given their consent in
party through a coalition. writing may be named as PL candidates, and in one
C. Sectoral Parties may either be marginalized and list only. Persons who lost in the immediately
underrepresented or lacking in well-defined preceding election are INELIGIBLE.
political constituencies. Nominee of the youth sector must at least be 25 but
- It is enough that their principal advocacies not more than 30 on the day of the election.
pertains to special interest/concern of their (Amores v. HRET 2010) (hindi na youth ang 31!)
sector. No officer or employee in the CS shall engage
a. Marginalized and Underrepresented directly or indirectly in any electioneering or
Labor, Peasant, Fisher Folk, Urban Poor, partisan political campaign
ICC, Handicapped, Veterans And OW. No change of names or alteration of the order of
b. Lack well defined political nominees shall be allowed after it has been filed
constituencies Professionals, elderly, EXCEPT:EXCLUSIVE!!! (Death, withdraws in
women, youth. writing, incapacitated-nominee), in w/c case the
- ENUMERATION IS NOT EXCLUSIVE. As long as name of the substitute shall be places last in the list.
such particular org complies with the requirements Incumbent sectoral reps in the HR who are
of the Consti & RA 7941. nominated in the PLS shall not be considered
- Majority of its members MUST belong to such resigned.
category. Participants in the PLS shall be ranked according to
- The nominees of sectoral parties that represent them the no. of votes they received, w/ those getting at
must either (1) belong to their respective sector or least 2% of the total votes cast for the system to be
(2)must have a track record of advocacy for their entitled to one seat/each. NONE OF THEM
respective sector. (to be called a bona fide mem) SHALL HAVE MORE THAN 3 SEATS.
DISQUALIFIED:
D. N/R/S shall not be DQ if some of their nominees are a. Religious Sec;
DQ, provided that they have at least ONE b. Foreign Parties;
OMINEE who remains qualified. c. Parties w/c receive support from FOREIGN
POLITICAL PARTY;
PLS is intended to democratize political power d. Ceased to exist for at least 1 year
by giving political parties that cannot win in e. Failed to participate in the last 2 preceding
legislative district elections a chance to win elections.
seats in the HR. Sec 6. Failure to obtain at least 2% of the votes cast
Not LATER THAN 90 days before election, under PLS in the 2 preceding elections for the
any Political Party/Org/ Coalition may file a constituency in which it has registered (UNCONSTI!)
VERIFIED PETITION through its president
or secretary for its participation in the PLS, BANAT V. COMELEC. For every 4 district rep, there
attaching a copy of its constitution, by laws shall be one party-list rep. Hence, there is no need for
platform, officiers and such other relevant info legislation to create an additional party-list seat
as may be required by the COMELEC. whenever 4 additional legislative districts are created by
Petition shall be PUBLISHED in at least 2 NP law. Automatic creation of additional party-list seat.
of GC and, after due notice and hearing, be - BASA PA MORE!!!!!
resolved w/in 15 days and in no case later than
60 days before election. QUALIFICATIONS:
Upon registration, the political group shall Sec 6.No person shall be a member of the HR unless
submit to the COMELEC not later than 45 he is a NBC of the PH and, on the day of the election,
days before election, at least 5 names from w/c is at least 25, able to R & W, and except the PLR, a
its representatives may be chosen in case it registered voter in the district in which he shall be
obtains the required no. of votes. elected, resident thereof for a period of not less than 1
- Under the law, the names of the PL nominees shall year immediately preceding the day of the election.
not be shown on the certified list of participants in
then concededly a NON-RESIDENT of PH.
Reiterated the ruling in Macalintal v.
COMELEC- NR to vote under the Oversees
In addition, the PLR must be a bona fide member Absentee Voting Act. There is no provision in the
(belong/ advocate) of the party he seeks to represent Dual Citizen Law (RA 9225) requiring duals to
at least 90 days before the election day. actually establish residence and physically stay in
Residence: the PH first before they can exercise to vote.
a. DR must be in the district, not in the province DUALS SAME AS OVERSEES. The goal of RA
comprising the district, for 1 year immediately 9189 is to enfranchise as much as possible all
before the election. who, save for the residency requirements
- Ensure familiarity with the conditions and exacted of an ordinary voter under the ordinary
problems of the constituency sought to be conditions, are qualified to vote.
represented.
b. PLR must be a resident of the PH, and not any TERM (SEC 7. 3 YRS- x 3 TERMS=9 YRS)
particular district for a period of at least 1 year Purpose: Synchronize Election, which in the case of the
immediately before the election. Senate are held every 3 year interval; Pres & VP every
RA 9225- Citizenship Retention and Reacquisition 6 years.
Act of 2003. Local Officials 3 years.
- NBF citizens who have been, or intended to be a. Abundo v. COMELEC (2013) Rules in
naturalized in a foreign country, shgall upon connection with the consecutiveness of terms and
taking the oath of allegiance, be deemed to have involuntary interruptions thereof in connection with
reacquired, or shall retain their PH Citizenship. the application of the rules on their terms for
Not to have lost their PH citizenship. elective offices both under the Consti and other
- Unmarried child, below 18 yrs. of those who pertinent law.
reacquire PH Citizenship upon effectivity of this PERMANENT VACANCY- Elective
Act shall likewise be deemed citizens of PH. position and the official merely assumed (rule
- For those running for public police- make on succession), then his service for the
personal and sworn renunciation of ANY AND UNEXPIRED PORTION= X Full term as
ALL FOREIGN CITIZENSHIP= Ceases to be a contemplated under the subject constitutional
dual citizen. and statutory provision that service cannot be
- Right to VOTE or be ELECTED/ APPOINTED to counted in the application of any term limit.
any public office CANNOT be exercised by or *If the official runs again for the same
extended to those who are CANDIDATES for or position he held prior to his assumption of the
occupying any PUBLIC OFFICE in the country of higher office, then his succession to said
which they are naturalize or are in active service as position is by operation of law and is
commissioned or non-commissioned officers in considered an INVOLUNTARY
the armed forces of the country of which they are SEVERANCE or INTERRUPTION.
nationalized citizens. An elective official, who has served for 3 cons.
- A NBC who either retains or reacquired his Terms and who did not seek the elective
aforesaid citizenship upon taking the second oath position for what could be his 4th term, but
of allegiance where he, this time, makes a personal LATER WON in a RECALL ELECTION,
and sworn renunciation of any and all foreign had an interruption in the continuity of the
citizenship. officials service. (From end of his term- recall
Assailing ones citizenship according to CA 473 election he had become a private citizen)
may be done only BY THE STATE, through its Abolition of an elective local office
representation designated by the Statute. (Conversion Muni- City) X= Interruption of
- X PRIVATE PERSON the incumbent officials continuity of service.
Right to vote Resided PH (1yr) *** X= Preventive Suspension. Elective officers
Place to vote (6mos) continued stay and entitlement to the office
***Exception: Section 2, ART V. Absentee Voting remain unaffected although he is barred from
for qualified voters abroad. exercising the functions of his office during this
period.
a. Nicolas v. COMELEC. SC upheld the right to be Candidate- Proclaimed Winner and assumes
registered as a voter of a DUAL CITIZEN who was office is later on ousted from office for losing
in an election protest= INTERRUPTION. Thus Congress is in session. No member shall be
disenabling him from serving what would questioned nor held liable in any other place for ANY
otherwise be the unexpired portion of his term SPEECH or DEBATE in the Congress or in any
of office had the protest been dismissed. committee thereof.
The interruption need not be for a full term of 3
years or for the major part of the 3-year term; 2 KINDS OF IMMUNITIES
an interruption FOR ANY LENGTH of time, a. Immunity from arrest ensure representation of
provided the cause is INVOLUNTARY, is the constituents of the mem of the Cong by
sufficient to break the continuity of service. preventing attempts to keep him from attending its
Defeated in an election protest and said sessions.
decision becomes final after he had served the b. Privilege of Speech and Debate To express
full term for said office, then his loss in the views bearing upon public interest w/o fear of
election protest X= INTERRUPTION since he accountability outside the halls of the legislature for
has managed to serve the term from start-finish. his inability to support his statements with the usual
Nullification of his proclamation came after the evidence required in court. On matters to be
expiration of the term. divulged for the public good

ELECTION- 2ND MONDAY of May. I- PRIVILEGE FROM ARREST


Every 3 years, ALL the members of the HR and Session does not refer to the day-to-day meetings
of the senate are up for election, or re-election if still of the legislature but to the ENTIRE PERIOD.
allowed. (INITIAL CONVENING - FINAL ADJOURNMENT.)
Filling up of vacancies for the unexpired portion
through SPECIAL ELECTION is not necessary if II- PRIVILEGE FROM SPEECH & DEBATE
the vacany pertained to seat occupied by a PLR in 1. Remarks must be made while the legislature is in
which case, the same would be filled up by the next congress; and
rep from the list of nominees in the order 2. They must be made in connection with the
submitted to the COMELEC who shall serve for discharge of official duties. (Coffin v. Coffin)
the Unex term. If the list is exhausted, submit a. Jimenez v. Cabangbang Congress was in recess
additional nominees. and in his private capacity

SALARIES (ART 6) NOT ABSOLUTE. The rule provides that the


Sec 10. xx determined by law. No increase in said legislator may not be questioned in any other
compensation shall take effect until after the expiration place, which means that he may be called to
of the FULL TERM of ALL MEMBERS of the SENATE account for his remarks by his own colleagues in the
and the HR approving such increase. Cong itself and, when warranted, punished for
disorderly behavior.
Sec 20. Records and book of account of the Congress a. Pobre v. Defensor-Santiago (2009)
shall be preserved and be open to the public xx audited Parliamentary Immunity must not be allowed to be
by the COA which shall publish annually an itemized used as a vehicle to ridicule, demean, and destroy
list of amounts paid to and expenses incurred for each the reputation of the Court xx nor as armor for
member xx personal wrath and disgust. It is not an individual
No prohibition against receipt of allowances by privilege accorded to individual members of the
the members of the Congress. Cong for their personal benefit, but rather for the
Law allowing retirement benefits people and the institution that represents them.
immediately available upon its approval has
been UNCONSTI since it is made available CONFLICT OF INTEREST
w/o awaiting the expiration of the FULL TERM Sec 12. All members of the Senate and the HR shall,
of ALL MEMBERS of the SENATE and the upon assumption of office, make FULL
HR approving such increase. (Phil Cons Assoc DISCLOSURE of their financial and business
v. Gimenez) interests. They shall notify the house of a potential
conflict of interest that may arise from the filing of a
PARLIAMENTARY IMMUNITIES proposed legislation of which THEY ARE
Sec 11. xx offenses punishable by X 6 yrs. of AUTHORS.
imprisonment, be privileged from ARREST while the
Prevent their potential for self-aggrandizement QJ and other Admin Bodies. Neither shall he, directly
and from using their official positions for or indirectly, be interested financially** in any
ulterior purposes. contract with, or in any franchise or special privilege
granted by the Govt/any other pol subd/
INCOMPATIBLE OR FORBIDDEN OFFICES instrumentality thereof, including any GOCC, or its
subsidiary, DURING HIS TERM OF OFFICE. He
Sec 13. xx may hold ANY OTHER OFFICE xx without shall not intervene in any matter before any office of the
forfeiting his seat. Neither shall he be appointed to any Govt for his pecuniary benefit or where he may be
office which may have been created or the emoluments called upon to act on account of his office
thereof increased during the term for which he was
elected. Appearance of the legislator is now barred
before ALL COURTS OF JUSTICE.
Incompatible offices prevent him from owing loyalty Prevent legislator from exerting undue
to another branch of govt, to the detriment of the influence upon the body where he is appearing.
independence of the legislature and the doctrine of SP. (Lawyer- legislator may still engage in the
PROHIBITION IS NOT ABSOLUTE. What practice, thru some other member of his law
is not allowed in the simultaneous holding. office.)
Any legislator may hold another office **Not EVERY CONTRACT IS BARRED. Only those
provided he forfeits his position in the contracts w/c legislators expects to derive some
Congress. Forfeiture of the seat or cessation of PROFIT at the expense of the govt.
his tenure, shall be automatic upon the holding
of the incompatible office. No resolution is SESSIONS
necessary to declare his position vacant. Sec 15. xx convene once every year on the 4th Monday
a.. Term time during w/c an officer may of July for its regular session, unless a different date is
claim to hold the office as a matter of right. fixed by law, and shall continue for such number of days
b. Tenure period during which the as it may determine until 30 days before the opening of
incumbent actually holds the office. its next regular session, exclusive of Saturdays,
NOT EVERY OTHER OFFICE is to be Sundays and Legal Holidays. The president may call a
regarded as incompatible w/ the legislative special session at any time.
position, (Ex. Membership in the Electoral - A mandatory recess is prescribed for the 30-day
Tribunals.) or if it can be shown that the 2nd period (minimum no. may be extended by the Cong
office is an EXTENSION OF THE in its discretion) before the opening of the next
LEGISLATIVE POSITION/ in aid of regular session, excluding Saturdays, Sundays and
legislative duties. (ex officio mem in the UP Legal Holidays.
Board of Regents, Treaty Negotiators) Calling of Special Session by the Pre is NOT
NECESSARY:
Forbidden Office Legislator cannot be appointed to a. Cong meets to canvass the presidential elections
any office which may have been created or the b. Pres and VP are both vacated
emoluments thereof increased during the term for which c. Impeachment Pro particularly when the Pres is the
he was elected. respondent himself.
Prevent trafficking in public office. Future security a. Araneta v. Dinglasan. SC distinguished Regular
at the expense of the public service. and Special Sessions.
X APPLY to Elective positions which are filled by 1. Special Cong may consider general
the voters themselves. legislation or only such subject as the Pres may
The appointment of the mem of the Cong to the designate
forbidden office is not allowed only DURING 2. Regular Power of Cong is not circumscribed
THE TERM for which he was elected, when such except by limitations imposed by organic law.
office was created or emoluments were
increased. After such term, and even if the OFFICERS
legislator is re-elected, the DQ no longer applies. Sec 16 (1) xx Senate shall elect its President and the
HR its Speaker, by a MAJORITY OF VOTE of all its
INHIBITIONS AND DISQUALIFICATIONS respective members. Each house shall choose such
Sec 14. xx NO xx may personally appear as counsel other officers as it may deem necessary
before any court or before the Electoral Tribunals or
Pres and Speaker do not have a fixed term and - Unless such rules violated fundamental or individual
may be replaced at any time at the pleasure of rights, the exclusive discretion of each house to
a majority vote of all the members of their formulate and interpret may not be judicially
respective chambers. reversed. (Unless there is non-compliance with
Other officers usually chosen: procedural matters= JUSTICIABLE)
1. Pres pro tempore - What constitutes disorderly behavior is the
2. Speaker pro tempore prerogative of the Cong and cannot as a rule be
3. Majority and Minority floor leaders judicially reviewed.
4. Chairmen of the various standing and
special committes JOURNALS
5. Secretary and sergeant @ arms* (non-
members of the legislative) Each house shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such
QUORUM part= National Security and the yeas and nays on any
question shall, at the request of 1/5 of the Members
x x MAJORITY of EACH house x x to do business, present, be entered in the Journal.
BUT a SMALL NUMBER may adjourn from day to Each house shall also keep a record of its proceedings.
day and may compel the attendance of absent members
in such manner and under such penalties, as such house Journals Record of what is done and past in a
may provide x x legislative assembly.
a. Authenticating the proceedings
Quorum no. sufficient to transact business which b. Interpretation of laws through a study of the debated
may be less than the majority of the membership of the held thereon
membership. (Majority of Each House) c. Informing the public of the conduct of their
a. (Avelino v. Cuenco) legislators.
(Petitioner) Senate President adjourned the session
moto propio and walked out, leaving 12 other - Publication of journals is in line with the right to
members who continued meeting and replaced him information on matters of public concern.
with respondent as Acting Pres. Petitioner filed quo
warranto against responding contending that he had a. (US v. Pons) SC refused to go beyond the recital in
not been validly elected because 12 mem does not the legislative journals, which it held to be
constitute a majority (quorum of 24 senators). conclusive on the Courts. To do otherwise, it would
SC: 12 members were sufficient, being a MAJORITY violate both the letter and spirit of the organic laws
OF 23, not 24. The reason was that 1 senator was then by which the PH govt was brought into existence,
in the US and therefore outside the coercive jurisdiction to interfere w/ the legitimate power and functions of
of the smaller number of members who could adjourn the legislative.
from day to day and may compel the attendance of b. VAT Case. (Tolentino v. Secretary of Finance)
absent members in such manner and under such Enrolled copy of a bill is conclusive not only of its
penalties, as the Senate may provide. provisions but also of its due enactment. It does not
persuade us to look behind the proceedings of a co-
b. (Datu Michael Abas Kida v. Senate of the PH, equal branch of the govt.
2011) SC nullified a law which requires 2/3 vote of c. Astorga v. Villegas. EB was discovered to have
all members of the Cong for imposing more than included other provisions that had in fact been
what the Consti requires. It gives the law the rejected. Upon learning, both Senate P and Pres
character of being IRREPLACEABLE. In effect, withdrew their signatures from the EB. According
it significantly constrict the future legislators room to petitioner, in case of conflict b/w enrolled bill
for action and flexibility. and journal= EB shall prevail.
X= SC. It had the authority to verify the real content
DISCIPLINE OF MEMBERS (ART 6, 3) of the Approved Bill as reported in the Journal. The
reason was that there was actually no enrolled bill
x x Concurrence of 2/3 of ALL its MEMBERS, tom speak of in view of withdrawal of signatures of
suspend, or expel a Member. A penalty of suspension, SP and P.
when imposed, shall X exceed 60 days Enrolled Bill duly introduced, passed by both H,
signed by the proper officers and approved by the P.
Journal Resume or minutes of what transpired therein if the minority did not make its own
during the session. Transcript of the proceeding during nomination.
the session. a. Abbas v. Senate Electoral Tribunal. The proposed
mass DQ (reason: legislative members of the ET
d. League of Cities in the PH v. Comelec. Hearings were among the protestees in the subject protest
and deliberations during a previous Congress where petitioners were the protestants), if
cannot be used to interpret bills specified into law sanctioned would leave the tribunal no althernative
in the next/ subsequent Congresses. but to abandon a duty that no other court/body can
perform, the performance of which is in the highest
The ff. are required by the Consti to be recorded interest as evidenced by its being expressly imposed
in the journal: by the Consti.
1. Votes w/ respect to the consideration of bills on 3rd - ET although predominantly legislative in
reading. membership is regarded, in the discharge of their
2. Recording of the objections of the Pres when he duties, independent of the legislature, and also of
vetoes a bill as well as the votes cast by the other departments.
members of each house in their reconsideration of a - Decision rendered by the ET in the contests of
bill vetoed by the Pres which they are the sole judge, are NOT
3. Vote of each member of the HR regarding the APPELABLE to the SC except in cases where
Articles of Incorporation proposed by its committee there is a clear showing of G-A-D.
that hears an impeachment complaint. GAD must be established by a clear
showing of arbitrariness and
ADJOURNMENT improvidence.
(5) Neither House during the sessions of the
Congress shall, without the consent of the other, b. Bondoc v. Pineda- As judges, the mem of the ET
adjourn for more than 3 days, nor to any other place** must be NON-PARTISAN. Hence, disloyalty to
than that in which the 2 Houses shall be sitting. party and breach of party discipline are not valid
There is need for constant contact and consultation grounds for the expulsion of a mem of the Tribunal.
b/w the 2 bodies it is necessary that there be prior
agreement before either of them decides to adjourn for - Jurisdiction of an ET begins once a winning
MORE THAN 3 days. candidate has been proclaimed, taken his oath,
**Refers not to the building but to the political unit and assumed office, for it is only after the
where the 2 houses may be sitting. Hence, if both houses occurrence of these events that a candidate can
are sitting in the same building in the City of Manila, be considered as either member of S or HR.
either of them may sit in another building in the same The proclamation of a candidate following the
city w/o getting the consent of the other. election DIVESTS COMELEC of Jurisdiction
over disputes relating to election, returns and
ELECTORAL TRIBUNALS ( 9: 3-6) qualifications of the proclaimed winner-
candidate. Remedy Electoral Protest
Sec 17. S and HR shall each have an Electoral before the Electoral Tribunal.
Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of c. Reyes v. COMELEC (2013)
their respective members. Each ET shall be composed Jurisdiction of HR begins only after the candidate is
of 9 members, 3 of whom shall be Justices of SC to be considered a member of the HR.
designated by the CJ, and the remaining six shall be the To be considered a member: (Concurrence of all)
members of the Senate or HR, who shall be chosen on a. Valid Proclamation
the basis of proportional representation from the b. Proper Oath Taken before the Speaker in
political parties/ orgs registered under the PLS open session: the 4th Monday of July.
represented therein. The Senior Justice in the ET= OBSERVATIONS:
Chairman. 1. Term of office commences only at noon of
Favors multi-party system. June 30, it would seem that said oath
a. Tanada v. Cuenco. The right to nominate to the cannot be done prior to said date, as the
legislative seats in the ET belonged to the terms of their predecessors would, before
majority and minority parties in the chamber, said time and date, have not yet expired.
not to the chamber itself or to the majority party
2. How can the HR convene and validly hold an open immediately following the recess when said
session when it would be only during said open appointments were made.
session that they can validly take their proper - But where the Cong is in session, the President must
oaths? first clear his nominations with the COA, w/c is
o How can the newly elected members why it must be constituted as soon as possible.
constitute themselves a quorum when, Unless it is organized, no appointment can be made
upon the convening of the Congress, by the Pres in the meantime.
they would not yer need to take their - In case of the ET, the reason is obvious.
oath, and it would only be after they Considering the rash of election contests already
shall have been properly established a awaiting to be filed later. This is why unlike the
quourum can a valid open session. COA, ET are supposed to continue functioning
c. Assumption of Office even during the recess.
- At present, filing of election protests and petitions
for Quo warranto shall be filed within 15 days from CHAPTER 9. POWERS OF THE CONGRESS
the proclamation of the winning candidates. Said 15 Classified: Legislative or Non-legislative.
days would expire before noon of June 30. LEGISLATIVE POWERS includes the specific
Now what is controlling is the decision in Banat vs. powers of appropriation, taxation and
COMELEC.: Jurisdiction begins from expropriation.
proclamation. NON-LEGISLATIVE canvass the presidential
elections POWERS, power to, declare the
THE COMMISSION ON APPOINTMENTS existence of a state of war, to give concurrence to
treaties and amnesties, and to impeach.
- Limit the presidents appointing power.
Sec 18. x x COA consisting of the SP, as ex officio IMPLIED POWERS such as the power to punish
Chariman, 12 senators and 12 members of the HR, contempt in legislative investigations.
elected by each house on the basis of proportional INHERENT POWER to determine its rules of
representation from the political parties and org proceedings and the discipline of its members.
registered under the PLS represented therein. The
chairman of the Commission shall not vote, except in a I- LEGISLATIVE POWER in general
case of a tie. The Commission shall act on all - Power of lawmaking, the framing and
appointments submitted to it w/in 30 session days of the enactment of laws. This is effected through the
Congress from their submission. The Commission shall adoption of a bill, once approved, become a
rule by majority vote of all the members. x x statute.
Statute the written will of the legislature, solemnly
- Ad interim appointments not acted upon at the time expressed according to the forms necessary to constitute
of the adjournement of the Congress, even if the 30 it the law of the state.
days period has not yet expired= deemed by passed.
a. Assoc. of landowners in the Phil v. Sec of
Sec 19. ET and COA shall be constituted w/in 30 days Agrarian Reform. It has since been clarified that
after the S and HR shall have been organized with the the legislative power is peculiarly within the
election of SP and Speaker. The COA shall meet only province of the legislature. Neither Martial Law nor
while the Cong is in session, at the call of its chairman a State of E can justify the Presidents exercise of
or a majority of all its members. xx LP by issuing decrees.

- The rue that COA shall meet only while the Cong is The power to make laws includes the power to alter and
in session is the reason why ad interim repeal them.
appointments are permitted. These appointments a. Gonzales v. Hechanova : (EA vs. Statutes)
are made during recess, subject to consideration Pres Macapagal entered into 2 EA for the importation
later by the COA, for confirmation or rejection. of cereals w/o complying with a statutory requirement
- Ad interim appointments shall be effective only for the prior obtention from thr NEC of a certification
until disapproval by COA or until the next of a shortage of cereal.
adjournment of the Cog, referring to the SC- Statute should prevail. The executive may not
adjournment of the regular or special session interfere in the performance of the LP of the legislative
except in the exercise of the veto power. He may not
defeat legislative enactments by indirectly repealing the a. First Reading- involves a reading of only a reading
same through an EA providing for the performance of of the NUMBER and TITLE of the measure and
the very act prohibited by such laws. it REFERRAL by the SP or the Speaker to the
proper committee for study.
b. Datu Michael Abas Kida v. Senate of the Phil. The bill may be killed in the committee or it
Subsequent laws that do not change or revise any may be recommended for approval, w/ or w/o
provision in an earlier law, and which merely fill in amendments, sometimes after public hearings are
gaps or supplement said earlier law, cannot be first held thereon. If there are other bills of the
considered as amendments of the latter same nature/purpose= consolidate into one bill
under common authorship OR AS A
c. League of the Cities of the PH v. COMELEC COMMITTEE BILL.
Legislative body possesses PLENARY POWERS for
all purposes of civil govt. Any power, deemed to be Once reported out, the bill shall be calendared for 2nd
legislative by USAGE and TRADITION, is necessarily reading
possessed by Congress, unless Consti has lodged it b. Second Reading- Bill is read in its ENTIRETY,
elsewhere. scrutinized, debated upon and amended when
desired. MOST IMPORTANT in the passage of a
- Power to grant immunity from prosecution has been bill.
acknowledged as essentially a Legislative - Once the Bill is approved on second reading is
Prerogative. Power of Cong to define crimes and printed in its final form and copies thereof are
to provide for their punishment carries the power to distributed at 3 days before the 3rd reading.
immunize certain persons from prosecution of
crimes with high political, social and economic c. Third Reading- members merely vote and explain
impact. them if they are allowed by the rules. NO
However, it cannot provide for terms which would go FURTHER DEBATE is allowed.
beyond what the constitution provides. - Once the bill passes 3rd reading, it is sent to the other
1. IRREPEALABLE Laws- changed the voting chamber where it will undergo the 3 readings.
requirement for amendment to 2/3 of vote of the - No amendment after 3rd reading.
members of the HR and Senate voting separately. If there are differences b/w the versions
(Interferes with the plenary powers of the Congress) approved by the 2 chambers, a CONFERENCE
2. Create a new term and appoint the occupant of the COMMITTEE representing both houses will
position for the new term= Intrusion of the draft a compromise measure that, if RATIFIED
appointment power of the Cong. by the Senate and HR, will then be submitted to
3. Cannot grant legislative franchise for the operation the President for his consideration.
of Pus w/c shall be exclusive in character and w/c Conference Committee is allowed by law to include in
shall not be subject to amendments/alteration/repeal its report an entirely new provision that is not found
when the common good so requires. either in the House Bill or in the Senate Bill.
Amendment in the nature of a substitute, so
- Laws in general have NO RETRO long as such amendment is germane to the
EFFECT,especially when it will result in an subject of the bill before the committee. After
impairment of a right unless the contrary is all, its report was not final but needed the
provided. Statues can be given retroactive effect approval of both houses of Congress to become
when the law itself so expressly provides; in case valid as an act of the legislature department.
of remedial statutes; in case of curative statutes; Whatever changes may be agreed upon NEED
in case of laws interpreting others; and in case of NOT UNDERGO another 3 readings in the
laws creating new rights. Senate and the HR.
- The bill is enrolled when it is approved by the
PROCEDURE (Approval of Bills) CONGRESS, authenticated with the signatures of
1. INTRODUCTION. the S, SP, Sec of each chamber, and approved by
- Bill is introduced by ANY MEMBER of the HR or the Pres.
the S except for some measures that must originate
in the former chamber.
2. READING
Sec 30. No law shall be passed increasing the
ORIGIN OF THE BILLS (exclusive: HR but S may appellate jurisdiction of the SC w/o its advice or
propose / concur with amendments. concurrence.
a. Appropriation Bill - Prevent further addition to the present tremendous
b. Revenue Bill case load of the SC. However, such legislation
c. Tariff Bill may be enacted provided SC itself is consulted and
d. Bill increasing Public Debt gives its concurrence.
e. Bill of Local Application
f. Private Bill TITLE OF BILLS
Every bill passed by Congress shall embrace only
1. APPROPRIATION Release of funds from the one subject which shall expressed in the title thereof
public treasury.
2. REVENUE Levies taxes and raises funds for the The purpose of this rule are:
govt. a. Prevent hodgepodge or log-rolling legislation.
3. TARIFF Specifies the rates or duties to be - Any act containing several subjects dealing
imposed on imported articles. with unrelated matters representing diverse
4. B. INCREASING PD illustrated by one floating interest, the main object of such combination
bonds for public subscription redeemable after a being to unite the members of the legislature
certain period. who favor any one of the subjects in support of
5. B. local app purely local or municipal matters, the whole act;
like a charter of a city b. To prevent surprise or fraud upon legislature;
6. PRIVATE BILLS- A bill granting honorary c. To fairly apprise the people, through such
citizenship to a distinguished foreigner. publications of its proceedings as are usually made,
of the subjects of legislation that are being
- The ff. are supposed to be initiated by the HR considered in order that they may have the
because it is more numerous in membership and opportunity of being heard thereon, by petition or
therefore also more representative of the people. otherwise, if they should so desire.
Members are presumed to be more familiar with
the needs of the country in regard to the enactment The title need not be a complete catalogue of a bill.
of the legislation involved. 1. It is sufficient that it place the legislature and the
- Senate is, however, allowed much leeway in the people on their guards as to the number of varied if
exercise of its power to PROPOSE or CONCUR related subjects the measure embraces.
with amendments to the bill initiated by the HR. 2. Title expresses the general subject and all the
amendment by substitution, which may entirely provisions are germane to the general subject.
replace the bill 3. BANAT v. COMELEC. Title is comprehensive
- So long as the initiative must come from the HR. enough to include subjects related to the general
purpose which the statute seeks to achieve. The title
PROHIBITED MEASURES of a law does not have to be an index of its contents
- Owing to the nature of our govt, such as those and will suffice if the matters embodied in the text
impairing the doctrine of SP or providing for the are relevant to each other and may be inferred from
appointment of elective officials. the title.
- Specific Prohibitions in the Bill of Rights against 4. COMELEC v. Cruz 2009. To achieve
the enactment of ex post facto laws, bills of synchronization of the barangay and SK elections,
attainder, or laws impairing the obligation of the reconciliation of the varying lengths of the terms
contracts. is necessary.
- In any case, a title must not be so uncertain that
Sec 31.No law granting a title of royalty or nobility the average person reading it would not be informed
shall be enacted. of the purpose of the enactment or put on inquiry as
- Preserve the republican and democratic nature of to its contents, or which is misleading
our society. Privilege classes. Sovereignty
resides in the people as a whole w/o distinction as FORMALITIES [Art 6, 26(2)]
to birth or lineage. (2) No bill passed by either House become a law unless
it has passed 3 readings on separate days, and printed
copies thereof in its final form have been distributed to
its members 3 days before its passage, except when the take effect w/o such presentment even if approved
Pres certifies to the necessity of its immediate by both chambers.
enactment to meet a public calamity or emergency. - Provision requiring that the IRR of a law be
Upon the last reading, no amendment thereto shall be subjected to approval of Cong is UNCONSTI for
allowed, and the vote thereon shall be taken violating doctrine of SP. Implementation/
immediately thereafter, and the yeas and the nays Enforcement of law is charged to the Executive
entered in the Journal. Branch.

**The determination by the President as the existence a. MACALINTAL v. COMELEC.


of a public calamity or emergency constitutes CONGRESSIONAL OVERSIGHT. Power of
essentially a political question. oversight of the Congress embraces all activities to
enhance its understanding of and influence over the
**The bill calling for a special election after the implementation of legislation it has enacted. It
vacancy in the offices of the Pres and VP shall be concerns POST ENACTMENT MEASURES to
deemed certified. make sure that the admin agencies (executive)
perform their functions w/in the authority delegated
APPROVAL OF BILLS (Art 6, Sec 27) to them.

3 methods: (Sign, Overridden, Inaction) LEGISLATIVE INQUIRIES


a. President signs it
b. Pres vetoes it but the veto is overridden by 2/3 Sec 21. S or HR or any of its respective committees
vote of ALL members of EACH HOUSE. may conduct inquiries in aid of legislation* in
c. Inaction by the Pres w/in 30 days after it shall accordance with its duly published rules procedure*.
have been presented to him. The rights of persons appearing in or affected by such
inquiries shall be respected.
SIGNING Pres identifies himself w/ it and indicates
his approval of its purposes and provisions. Power of inquiry granted not only to the S or HR,
but also to ANY OF THEIR RESPECTIVE
VETO upon any ground sufficient for him. COMMITTEES.
(Unconsti, Inefficacious, unwise). In every case, he - Implied from the express power of legislation.
should, in returning the measure to the House of - In fact a limitation to the conduct of legislative
origin, indicate his objections- veto message so that inquiries.
the same can be studied by the mem for possible - *In aid of legislation, whether it be under
overriding of his veto. consideration already or still to be drafted.
- 2/3 of each house will be sufficient to invalidate the - *Rules of procedure must have been published in
veto and convert the bill into law. advance for the information and protection of the
- Cong may agree with the Pres objections and decide witnesses.
to revise the measure as he suggests. a. Neri v. Senate Committee on Accountability
PARTIAL VETO? of Public Officers and Investigations
GR: Pres must approve or veto in toto. It is incumbent upon the Senate to publish the
Exception: Appropriation, Revenue, Tariff Bill. Any rules for its legislative inquiries in EACH
particular item/s of which may be disapproved w/o CONGRESS or otherwise make the published
affecting the item/s to which he does not object. rules clearly state that the same shall be
effective in subsequent Congress or until they
INACTION Method employed whenever the pres, are amended or repealed to sufficiently put
while not convinced of the necessity or validity of the public on notice
measure, is nonetheless unwilling to disapprove it. (Pres RIGHTS W/C MAY BE INVOKED AGAINST
believe that its constitutionality rests not w/ him but w. THIS POWER
the judiciary: Bar Flunkers Bill). a. Presidents Executive Privilege- but only in
relation to certain types of information of a
- From this, in could be inferred that law-making sensitive character. BUT this would not serve to
is a joint act of legislature and Executive. automatically exempt executive officials from the
Assuming that Legislative Veto is a valid duty to disclose information by the mere fact of
Legislative Act with the force of law, it cannot their being executive officials.
b. Fiscal autonomy and constitutional independence Sec 21 and 22, although closely related should not be
of the Judiciary. considered as pertaining to the SAME POWER. Sec 21
B.1. The subjudice rule- restricts comments and relates to the power to conduct inquiries in AID OF
disclosures pertaining to judicial proceedings to LEGISLATION, the aim of which is to elicit
avoid prejudicing the issue/ influencing the court or information that may be used for legislation, while
obstructing the administration of justice. Sec 22 pertains to the power to conduct a question hour,
c. Right to privacy and Self-incrimination. Limitation: the objectives of which is to obtain information in
Pertains to his official function. pursuit of Congress oversight function.
OBJECTIVES ARE DIFFERENT.
- The subject of legislative inquiry is a POLITICAL
QUESTION, and the mere filing of a criminal or - In sec 22, the Congress merely seeks to be
administrative complaint before a court/ QJB informed on how DH are implementing the
should not automatically bar the conduct of statutes which it has issued, its right to
legislative investigation. information is not as imperative as that of the pres
- Failure to attend a legitimate legislative to whom, such DH as matter of duty must give
investigation= Legislative Contempt: report. It is in keeping with the doctrine of SP
Imprisonment. since it merely REQUEST their appearance.
How long? - In sec 21, if the Congress request their appearance
Senate INDEFINITELY, so long as it does not to make inquiries in AID OF LEGISLATION, the
violate due process. appearance is mandatory.
HR Until final adjournment of the body.
a. Arnault v. Nazareno- Petitioner was incarcerated THE POWER OF APPROPRIATION (Art 6, sec
by the Senate until such time as he decided to 29)
answer certain relevant questions. No law shall be paid out of the treasury except in
- Questions that may be raised by the legislative need pursuance of an appropriation made by law
- ]not be relevant to any PENDING legislation,
provided only that they are RELEVANT to the a. Nazareth v. Villar. DOST released funds despite its
subject matter of the investigation being absence in the GAA. Upon its receipt of notice of
conducted. Such investigation may result in the disaalowance from the COA, it obtained authority
submission of proposed legislation based upon the from the Office of the Pres to use said agencys
findings of the investigating committee. savings to cover the said amount and used the same
for purposes of requesting the COA to lift the notice
of disallowance.
APPEARANCE OF DEPARTMENT HEADS SC- Art 6, Sec 29 requires that the GAA be
purposeful, deliberate and precise in its provisions
Sec. 22. The heads of departments may upon their (1) and stipulations. x x Any Fund must be proposed
own initiative, with the consent of the President, or by the officials/agency for submission to and
upon the (2) request of either house, as the rules of each consideration by the Cong x x
House shall provide, appear before and be heard by
such House on any matter pertaining to their Appropriation(measure) a statute the primary and
departments. Written questions shall be submitted to specific purpose of which is to authorize the release of
the SP or Speaker at least 3 days before their scheduled public funds from the treasury. (ex GAA)
appearance. Interpellations shall not be limited to X= Law creating an office and providing fund thereof.
written questions, but may cover matter related thereto. Main purpose is the creation of the office and release of
When the security of the State or public interest so fund is merely incidental.
requires and the Pres so states in writing, the a. General passed annually and is intended to
appearance shall be conducted in executive session. provide for the financial operation of the entire
govt during one FY.
Enable the Congress to obtain information from the b. Special specific purpose. Ex. Creation of a fund
dept secretaries on the manner they are for the relief of typhoon victims.
implementing the laws it has enacted and also on
matters related to pending or prospective A. IMPLIED LIMITATIONS:
legislation, usually recommended by the 1. Public purpose. Main purpose and not merely
administration itself. incidental.
2. Sum authorized to be released must be POLITICAL AGENCY. Official acts of a Dept
DETERMINATE/ Least determinable. Secretary are deemed acts of the Pres unless
disapproved or reprobated by the latter.
B. CONSTITUTIONAL LIMITATIONS: CONGRESS: The individual members of
1. Bill exclusive to HR. Congress may only determine the necessity of
2. Art 6, Sec 25. Discretionary funds appropriated the realignment of savings in the allotments for
for particular official shall be disbursed only for (1) their operating expenses because they are in the
public purpose to be supported by appropriate best position to know whether there are savings
vouchers and subject to such guidelines as may be available in some items and whether there are
prescribed by law deficiencies in other items of their operating
3. Art 6, Sec 25.(4). A special appropriation bill expenses that need augmentation. However, it
must (1) specify the purpose (2) supported by funds is the SP and the Speaker who shall approve the
actually available and certified by the National realignment.
Treasurer, to be raised by a corresponding revenue a. Pichay v. Office of the Deputy Executive Secretary
proposal included therein. for Legal Affairs Investigative and Adjudication
4. In re GAA: The Cong may not increase the Division
appropriations recommended by the Pres for the Placed upon the President is the power to recommend
operation of the govt as specified in the budget the budget necessary for the operation of the govt. The
- Pres knows more about the needed appropriation express recognition of the GAA of the Pres authority to
than the legislature direct changes in the organizational units or key
- No prohibition to REDUCE. Except: JUDICIARY points in any dep or agency often includes the power
- The budget is only a proposal. Used as a basis for of the president to REORGANIZE THE EXECUTIVE
the enactment of the GA law, which is the measure OFFICES/AGENCIES under him, which is even to
that authorize release of public funds from the the extent of MODIFYING AND REALIGNING
treasury. APPROPRIATIONS for that purpose.
5. Art 6, Sec 29 (2). No provision/ enactment shall
be embraced in the GA Bill unless it relates He is likewise authorize to AUGMENT any item in
specifically to some particular appropriation the GAL using the savings in other items of the
therein. Any such provision/ enactment shall be appropriation for his office. He is allowed to transfer
limited in its operation to the appropriation to which any fund appropriated for the diff departments of the
it relates. Executive w/c is included in the GAA, to any
- Prevent riders or irrelevant provisions that are program/project of any dept, bureau included in the
included in the GA Bill to ensure approval. GAA or approved after its enactment.
What if rider is included in an Ordinary Bill? The
appropriate provision to be invoked is Art 6, Sec 26 (1)- 7. Appropriation of public funds for SECTARIAN
2Every bill must embrace only one subject to be PURPOSES. Art 6, Sec 29 (2)
expressed in the title x x except if such priest, preacher, minister or
dignitary is assigned to the AF, penal institution or
6. No law shall be passed authorizing any transfer govt orphanages or leprosarium x x serve the govt
appropriations; however, the (EXCLUSIVE in a non- ecclesiastical capacity.
)President, SP, Speaker, CJ and Heads of Read in con: Religious freedom and Doctrine of SP.
ConCom may, by law, be authorized to augment Neutrality of the state in ecclesiastical matters.
any item in the GAL for their respective offices Prohibition: Appropriation is intended purposely
from savings in other items of their respective to benefit religious insti.
appropriations. Does not inhibit the use of public property for
However, transfers of savings in one department religious purposes when the religious character
from one item to another in the GAA may be of such is merely incidental to a temporary use
allowed in the interest of expediency and efficiency. w/c is available indiscriminately to the public in
No violation of DSP since the transfer is made w/in general.
a department and not from one dept to another. 8. AUTOMATIC RE-APPROPRIATION
xx If, by the end of the FY, Cong shall have failed to
a. Nazareth v. Villar Such power could well be pass the GA Bill for the ensuing FY the GAL for the
extended to his Cabinet Secretaries as ALTER preceding year shall be deemed RE-ENACTED and
EGOS under the doctrine of QUALIFIED
shall remain in force and effect until the GA Bill is have the sole power to declare the EXISTENCE of a
Passed by the Cong. xx state of war.
- Existence only and not declaration of war.
9. SPECIAL FUNDS Art 6, Sec 29 (3) - This provision suggests a war already begun or
All money collected on any tax levied for a special provoked by the enemy and the existence of w/c we
purpose shall be treated as a SF and paid out for are only affirming. WE ARE NOT AGGRESSOR
such pupose only. If the purpose for w/c the SF was but merely reacting to an AGGRESSION.
created has been fulfilled or abandoned, the (Acknowledgment of a state of war)
BALANCE, if any, shall be TRANSFERRED to the - Although such declaration is the sole act of the
general funds of the Govt- for general Cong, the Pres may so precipitate or actually begin
appropriation in the discretion of the legislature hostilities that the legislature will have no choice
but to baptize

THE POWER OF TAXATION REFERENDUM and INITIATIVE


- Inherent power and generally vested in the
legislature subject to the ff. limitations: Sec 32. The Congress shall, as early as possible,
1. Uniform and Equitable. Progressive System of provide for a system of initiative and referendum, and
Taxation. Public Purpose. the exceptions therefrom, whereby the people can
2. Charitable Institutions, churches, parsonages, or directly propose and enact laws or approve or reject
convents appurtenant thereto, mosques, non- any act or law or part thereof passed by Cong or local
profit cemeteries, and ALL LANDS A-D-E used legislative body after the registration of a petition
for R-E-C shall be exempt from taxation. Only therefor signed at least 10% of the total # of registered
REAL ESTATE TAXES or ad valorem taxes voters, of which every legislative district must be
imposed on the PROPERTY ITSELF! represented by at least 3% of the registered voters
- Building permit fees are not charges on thereof
property, hence they are not impositions from
which petitioner is exempt. INITIATIVE power of the power to PROPOSE
- Donation to a parish priest for the construction bills and laws, and to ENACT or REJECT them at
of a church is subject to DONEEs tax. The tax polls, independent of the legislative assembly.
imposed is an excise tax, a tax levied not upon - Right to introduce a matter for legislation either
the church itself but upon the parish priest for to the legislature or directly to the voters.
the exercise by him of the privilege of
receiving the donation. (RA 6735, sec 32)
3. No law granting any tax exemption shall be Power of the people to propose amendments to the
passed w/o the concurrence of a MAJORITY OF Constitution or to propose and enact legislation through
ALL MEMBERS OF THE CONGRESS. an election called for the purpose.
- Absolute majority of the ENTIRE Congress. Tax
exemption represents a withholding of the power to REFERENDUM right RESERVED to the
tax and consequent loss of revenue to the govt. people to ADOPT OR REJECT any act or
measure which has been passed by a legislative
THE POWER OF CONCURRENCE body and w/c in most cases would w/o action on the
- The constitution requires the concurrence of the part of the electors become a law.
Cong to an AMNESTY and to a TREATY. - Method of submitting an important legislative
Ex. Art 7, Sec 19 which authorizes the president measure to a direct vote of the whole people.
to grant amnesty with the concurrence of a
majority of all members of the congress. (Not (RA 6735, sec 32)
membership of each house, okay?) Power of the electorate to approve or reject a
Art 7, Sec 21 No treaty or IA shall be valid and legislation through an election called for the purpose
effective unless concurred in by at least 2/3 of
ALL MEMBERS OF THE SENATE. RA 6735
A. INITIATIVE
THE WAR POWERS Provides for 3 systems of Initiative.
Sec. 23. Cong, by a vote of 2/3 of BOTH HOUSES in Initiative on the Constitution- Petition proposing
joint session assembled, voting separately, and shall amendments to the Consti.
SANTIAGO v. COMELEC. SC found RA 6735 Within a period of 30 days ff. receipt of the petition,
incomplete in so far as initiative on amendments to the COMELEC shall, upon determining the sufficiency
Consti is concerned. of the petition, PUBLISH the same in Fil and Eng
at least twice in NP of G&LC and set the DATE OF
1. Initiative on Statutes- petition proposing to enact a THE INITIATIVE/REFERENDUM which shall
national legislation not be earlier than 45 days or later than 90 days
2. Initiative on Local legislation- Petition proposing from the determination of the COMELEC of the
to enact a regional, provincial, city or municipal or sufficiency of the petition.
barangay law, a resolution or ordinance. The decision of the COMELEC on the findings of
sufficiency/ insufficiency of the petition is
Indirect Initiative Exercise of initiative by the APPEALABLE to the SC w/in 30 days from notice.
people through a PROPOSITION sent to the
IF:
CONGRESS or Local legislative body for action.
a. There is compliance: The proposition of the
enactment/ approval/ amendment or rejection of
B. REFERENDUM
NATIONAL LAW has been approved by a
2 Classes:
MAJORITY of the votes cast by all registered
a. Referendum on Statutes- Petition to approve or
voters of the PH.
reject an act or law or part thereof, passed by
Effect:
Congress.
1. For: Enactment/ approval/ amendment: The
b. Referendum on Local law- Petition to approve or
NL proposed for shall become effective 15 days
reject an act or law or part thereof, passed a regional
ff completion of its publication in the OG or in
assemblies and local legislative body.
NP of GC.
HOW:
At least 10% of the TOTAL # OF THE 2. For: Rejection- NL shall be deemed
REGISTERED VOTERS, of which every REPEALED and the repeal shall become
legislative district is represented by at least 3% of effective ff. the completion of publication of
the registered voters thereof, shall SIGN A the proposition and the certification by the
PETITION for the purpose and register with the Commission in the OG or NPGC.
COMELEC.
A referendum/initiative affecting AUTONOMOUS b. Non-compliance NL remain in full force and
REGION, province or City is deemed validly effect.
initiated if the petition thereof is signed by at least c. A National or Local initiative proposition
least 10% of the TOTAL # OF THE REGISTERED approved by a majority of the votes cast in an
VOTERS in the Province or City. of which every election called for the purpose shall become
legislative district is represented by at least 3% of effective 15 days after certification and
the registered voters therein; Provided however, proclamation by the Commission.
that if the province or city is composed only of one
legislative district, then at least each municipality in - Sec 10 prohibits petition embracing more than 1
a province or each barangay in a city should be subject from being submitted to the electorate and
represented at least 3% of the registered voters provides that statutes involving emergency
therein. measures, the enactment of w/c is specifically
A referendum/initiative on an ordinance passed in a vested in the Cong by the constitution cannot be
Municipality is deemed validly initiated if the subject to referendum until 90 days after its
petition therefor is signed by at least least 10% of effectivity.
the TOTAL # OF THE REGISTERED VOTERS in - Sec 11. Any duly accredited peoples organization
the Municipality, of which every barangay is may file a petition for indirect initiative with the HR
represented by at least 3% of the registered voters and other legislative bodies. The procedure to be
therein; followed on the initiative bill shall be the same as
A referendum/initiative on barangay reso/ the enactment of any legislative measure before the
ordinance is deemed validly initiated if the petition HR EXCEPT THAT the said initiative shall have
therefor is signed by at least 10% of the TOTAL # PRECEDENCE over the pending legislative
OF THE REGISTERED VOTERS in the said measures on the committee.
barangay.
LOCAL INITIATIVES: CHAPTER 10. THE EXECUTIVE
- Not less than 2K registered voters in case of DEPARTMENT
Autonomous regions, 1k in case of provinces
and cities, 100 in case of Muni and 50 in case Art 7, Sec. 1. The executive power shall be vested in
of barangays, may file a petition with the the Pres of the PH.
Regional Assembly or local legislative body,
proposing the adoption enactment/ repeal/ EP power to enforce and administer the laws. In the
amendment of any law/ ordinance of reso. exercise of this power, the president assumes a
- If no favorable action is made by local plenitude of authority and corresponding responsibility.
legislative body w/in 30 days from its
presentation, the proponents through their QUALIFICATIONS: (Art 7, sec 2)
authorized rep may invoke their power of
initiative, giving notice thereof to the local x x NBC, registered voter, able to R&W, at least 40
legislative body concerned. yrs. of age on the day of election, and a resident of the
- 2 or more propositions may be submitted in an PH for at least 10 years immediately preceding such
initiative. election. Xx
- Proponents; AR: 120 days; P/C- 90 days; M- - Exclusive and may not be reduced or increased by
60; B-30 days from notice to COLLECT the the Congress. (Expressio Unius est exclusion
required no. of signatures. alterius)
Compliance= Yes.COmelec shall set a date
for the initiative at w/c the proposition shall 1. NBC of the PH.
be submitted to the registered voters in the Citizen of the PH from birth w/o having to
LGU concerned for their approval w/in 90 perform any act to acquire or perfect his PH
days from the date of certification by the citizenship. He is distinguished from the
COMELEC in case of AR, P/C- 60 days; M- naturalized citizen, who acquires his PH
45; B-30 days citizenship after birth by any modes allowed
- If proposition is approved= it shall take effect by law.
15 days after the certification by the RA 9225- Citizenship Retention and Reacquisition
Commission as if affirmative action thereon Act of 2003.
had been made by the local legis body and the - NBF citizens who have been, or intended to be
local executive concerned. Failed= Proposition naturalized in a foreign country, shall upon
is defeated. taking the oath of allegiance, be deemed to have
reacquired, or shall retain their PH Citizenship.
LIMITATIONS:
Not to have lost their PH citizenship.
- The power of local initiative SHALL NOT BE
- Unmarried child, below 18 yrs. of those who
EXERCISED more than once a year! It shall
reacquire PH Citizenship upon effectivity of this
extend only to subjects which are w/in the legal
Act shall likewise be deemed citizens of PH.
powers of the local legis bodies to enact.
- For those running for public police- make
- If at any time before the initiative is held, the LLB
personal and sworn renunciation of ANY AND
shall adopt IN TOTO the proposition presented,
ALL FOREIGN CITIZENSHIP= Ceases to be a
the initiative shall be cancelled.
dual citizen.
- Any proposition/ ordinance or resolution
- Right to VOTE or be ELECTED/ APPOINTED to
APPROVED through initiative/referendum shall
any public office CANNOT be exercised by or
not be REPEALED/MODIFIED by the LLB extended to those who are CANDIDATES for or
w/in 6 mos from the date and may be
occupying any PUBLIC OFFICE in the country of
AMENDED/MODIFIED or REPEALED by the
which they are naturalize or are in active service as
LLB w/in 3 years thereafter by a vote of of all
commissioned or non-commissioned officers in
its members; provided, however, that in case of
the armed forces of the country of which they are
barangays, the period shall be one year.
nationalized citizens.
- A NBC who either retains or reacquired his
aforesaid citizenship upon taking the second oath
of allegiance where he, this time, makes a personal
and sworn renunciation of any and all foreign
citizenship.
Assailing ones citizenship according to CA 473 to any Agency performing QJ and Administrative
may be done only BY THE STATE, through its Functions.
representation designated by the Statute. 1. SC citing TECSON v. COMELEC, It is an
- X PRIVATE PERSON innovation of the 1987 COnsti. x x The
Right to vote Resided PH (1yr) *** establishment of the PET simply constitutionalized
Place to vote (6mos) what was statutory before in the 1987 Consti. PET
***Exception: Section 2, ART V. Absentee Voting is not a separate and distinct entity from the SC,
for qualified voters abroad. albeit it has functions peculiar only to the tribunal.
2. The set up embodied in the Consti and statutes
characterizes the resolution of electoral contests as
ELECTION AND PROCLAMATION: (Art 7, Sec 4) essentially an exercise of judicial power. When SC
- 2nd Monday of May, unless otherwise provided. as PET, resolves a P/VP election contests, it
- Canvass of election returns and the performs what is essentially a judicial power. The
proclamation of winners shall be: power wielded by the PET is a derivative of the
plenary JP given to Courts of law. PET is an
x x Election Return (P and VP) duly certified by the
independent BUT NOT separate from SC.
BOC, shall be transmitted to the CONGRESS, directed
to the SP. Upon receipt of the certificates of canvass, TERM
the SP shall: x x term of 6 years which shall begin @ noon of June
30 next following the day of the election and shall not
Not later than 30 days after election, open all the
be eligible for any RE-ELECTION. No person who
certificates of canvass in the presence of the S & HR in
has succeeded as President and has served for more
the joint public session, and the CONGRESS upon
than 4 years shall not be qualified for election to the
determination of the authenticity and due execution
same office AT ANY TIME.
thereof, CANVASS THE VOTES.
VICE PRESIDENT
Winner= Highest Votes; Tie= Chosen by the vote of a
Same term of 6 years, and may be removed only
majority of all members of BOTH HOUSES, voting
through impeachment process.
separately.
Qualifications, same.
..If still a tie Eligible for the position of member of the Cabinet
and when appointed as such does not need
The SC, sitting en banc shall be the SOLE JUDGE of all confirmation by the COA.
election contests relating to the election, returns and No VP shall serve for more than 2 successive
qualifications of the P and VP, and may promulgate its terms. [Sec 4.(2)] (Compared to Pres; VP is
rules for the purpose. xx (Art 7, Sec 4) eligible for re-election)
Congress cannot inquire into or decide questions of Whenever there is vacancy in the office of the VP
alleged irregularities in the conduct of elections. during the term for which he was elected, the Pres
This is a ministerial function. As long as the ER are shall nominate a VP from among the S and HR
duly certified and appear to be authentic. who shall assume office upon confirmation by a
majority vote of all members of both Houses of
Reason: These are matters appropriate for an Congress, voting separately.
ELECTION PROTEST.
PRESIDENTIAL SUCCESSION
No special session be called by the Pres. Canvass is
mandated by the Consti. a. Occurring BEFORE the Pres term (Sec 7)
In 2010, SC promulgated a rule establishing b. Occurring AFTERWARDS (sec 8)
PRESIDENTIAL ELECTORAL TRIBUNAL. Sec 7.
This was challenged in MACALINTAL v. PET on x x If pres-elect fails to qualify, the VP-elect shall
the ff. grounds: ACT as Pres until the Pres-elect shall have qualified.
a. Illegal and Unconsti for vio. of Art 7, Sec 4.
b. Vio. of Art 8,Sec 12, PET exercises QJ function If a Pres shall NOT HAVE BEEN CHOSEN, the VP
and therefore a violation of the above mentioned shall ACT as Pres until a Pres shall have been chosen
provision. x x Members of the SC and other and qualified.
courts established by law shall not be designated If at the beginning of the term of the Pres, the pres-elect
shall have DIED or shall have become
PERMANENTLY DISABLED, the VP-elect shall discharge the powers and duties of his office, VP:
BECOME Pres. ACTING P.
Where NO Pres and VP shall have been chosen or Thereafter, when the P transmits to the SP and SHR his
shall qualified, or where both shall DIED or written declaration that no inability exists, he shall
permanently disabled, the SP, or in case of his reassume the power and duties of his office. Meanwhile,
disability the SHR shall ACT as Pres until a Pres or a should a MAJORITY OF CABINET mem transmit w/in
VP shall have become chosen and qualified. x x 5 days to the SP and SHR their written declaration that
the P is UNABLE= Congress shall decide the issue. For
Sec 8. that purpose, the Cong shall convene if not in session,
In case of DEATH, PD, REMOVAL from office, or
within 40 hours.
RESIGNATION of the P, the VP shall BECOME Pres
to serve the unexpired term. In case of DEATH, PD, If the Congress by a vote of 2/3 vote of both
REMOVAL from office, or RESIGNATION of the P houses, voting separately, that the Pres is
and VP, SP or, in case of his INABILITY, the SHR unable to discharge the power and duties of his
shall ACT as Pres until a Pres or a VP shall have office, VP shall act as P; otherwise, P shall
become chosen and qualified. x x continue exercising the powers and duties of his
office.
Discussion Sec. 7: Sec 12. In case of SERIOUS ILLNESS of the P, the
Cases contemplated: public shall be informed of the state of his health x
a. Death/PD of the Pres-elect VP shall BECOME x
Pres.
b. Failure to elect P, as where the canvass of the OFFICE OF PRES AND VP ARE BOTH
presidential elections has not yet been completed, VACATED:
or where for one reason or another the presidential Sec 10. The Congress shall, at 10oclock in the
election has NOT BEEN HELD. VP shall ACT morning of the 3rd day after the vacancy, convene w/o
as Pres. need of a call and within 7 days enact a law calling for
c. Failure of the P-elect to qualify, that is, to assume a SPECIAL ELECTION to elect a P and a VP to be
office by taking the oath and entering into the held not earlier than 45 days nor later than 60 days
discharge of his duties. VP shall ACT as Pres. from the time of such call.

The bill calling for such special election shall be
Discussion Sec. 8: Vacancies occurring in the OP deemed certified under ART 6, Sec 26, par 2 and shall
DURING his incumbency and is limited to 4 specified become a law upon its approval on 3rd reading by
situations: (D- PD- Removal-Resignation) VP shall Congress.
BECOME Pres.
Appropriations for Special election shall be charged
Estrada v. GMA He denied he had resigned and against any current appropriations and shall be exempt
said had every intention to return after the disturbances from the requirements of Art 6, Sec 35, par 4.
shall have ended but was being prevented from doing
so It cannot be postponed or suspended. NO SPECIAL
SC held: (Puno)The resignation cannot be doubted. ELECTION shall be called if the vacancy occurs w/in
It was confirmed by leaving Malacanang. The press 18 mos before the date of the next presidential
release was petitioners valedictory, his final act of election.
farewell. OATH OF OFFICE
Sec 11.s Whenever the P transmits to the SP AND the Marks his formal assumption of duties.
SHR his WRITTEN DECLARATION that he is Not a source of a substantive power but is merely
UNABLE to discharge the powers and duties of his intended to deepen the sense of responsibility of the
office, and until he transmits to them a written P and ensure a more conscientious discharge of his
declaration to the contrary, such powers and duties office. (But has been invoked to justify presidential
shall be discharged by the VP as ACTING P. action)
Whenever a MAJORITY of all members of the
CABINET transmit to the the SP AND the SHR their
WRITTEN DECLARATION that P is UNABLE to
PERQUISITES and INHIBITIONS Reason: These posts do NO COMPROMISE any
other office w/in the contemplation of the prohibition
Sec 6. The P shall have an official residence. The
but are properly an imposition of additional duties
salaries of the P and VP shall be determined by law and
and functions on said official .
shall not be decreased during their tenure. No increase
in said compensation shall take effect until after the Ex- officio from office; virtue of office. Authority
expiration of the term of the incumbent during which derived from the official character merely, not expressly
such increase was approved. They shall not receive conferred upon the individual character, BUT
during their tenure any other emolument from the govt MERELY ANNEXED TO THE OFFICIAL
or any other source. POSITION.
Increase/ Decrease- prevent legislature from Additional duties closely related to and must be
weakening their fortitude by appealing to their required by the official primary functions. Otherwise, it
avarice or corrupting their integrity by operating on would fall under the purview of any other office
their necessities. prohibited by the Consti.
Emoluments- refers to ANY COMPENSATION
The prohibition against dual or multiple offices
received for services rendered or from possession of
apply to all appointments or designations, whether
an office. Any gain/profit which is PECUNIARY
permanent or temporary. PREVENT
IN CHARACTER.
CONCENTRATION OF POWERS in the
Pres cannot accept any employment elsewhere
Executive Dept officials.
during his incumbency, although in the case of the
Only exceptions:
VP, he may be appointed to the Cabinet. However,
a. VP being appointed as member of the Cabinet; and
VP cannot receive additional compensation in the
b. EOs specified therein w/o additional compensation
second capacity because of the ABSOLUTE
in AN EX-OFFICIO CAPACITY as provided by
PROHIBITION.
law and as required by the primary functions of said
ADDTL INHIBITIONS: officials office.
Sec 13. x x P, VP,Mem of the Cabinet, and their
eputies and assistants shall not, unless otherwise
provided in the Consti, cannot hold any other EXECUTIVE PRIVILEGE
employment during their tenure. They shall not, - Essential to his exercise of his powers as the CE,
directly or indirectly practive any OTHER consistent w/ the principle of separation of powers.
PROFESSION, participate in any business, or be - Power of the govt (Pres and High executive branch
financially interested in any contract with, or in any officers) to WITHHOLD INFORMATION from
franchise, or special privilege granted by the Govt or the Congress, Courts, and the Public;
any subd/ agency/ instru thereof, including GOCCs. 1. Informers Privilege Privilege of the govt
They shall strictly avoid conflict of interest in the NOT TO DISCLOSE the identity of person/s who
conduct of their office. furnish information on vio of law to officers
charged with the enforcement of law;
The spouse or relatives by consanguinity/ affinity within
- Covers not only High-Profile Cases
4th civil degree of the P shall not during his tenure be
appointed as Members of the Concom, or Office of the 2. Privilege accorded to presidential
communication Without distinctions b/w those
Ombudsman, or Sec/UnderSec/Chairmen/Heads of
which involve national security and w/c does not.
Bureau or offices, including GOCCs and their
Rationale: Essential to protect the independence of
subsidiaries.
decision-making of those tasked to exercise
Inhibitions are in line with the principle that a Presidential/ legislative and judicial power.
public office is a public trust. - Applies to the decision making of the pres,
The prohibition against holding dual/multiple rooted in the constitutional principle of SP and
offices must NOT, however, be construed as the Pres unique constitutional role.
applying to posts occupied by the EOs specified
ELEMENTS:
therein w/o additional compensation in AN EX-
1. The protected communication must relate to a
OFFICIO CAPACITY as provided by law and
QUINTESSENTIAL AND NON-DELEGABLE
as required by the primary functions of said
PRES POWER (ex. Power to enter in EAs)
officials office.
2. Communication must be authored or solicited and only to the EXPRESS PRONOUNCEMENT of the
received by a close advisor of the Pres (ex. Cabinet Pre that it is allowing the appearance of such
member, Pres himself) official. These therefore authorizes the pres to allow
3. PCP remains a qualified privilege that may be claim of privilege BY MERE SILENCE.
overcome by a showing of adequate need (it x x with respect to info the confidential nature
contains important evidence) of which is CRUCIAL to the fulfillment of
3. Deliberative Process Privilege covers highly executive responsibilities x x
documents reflecting advisory opinions, A. NERI v. Senate Committee (2009)
recommendations and deliberations comprising For the claim to be properly invoked, there must be
part of a process by w/c governmental decisions a formal claim of privilege, lodged by the DH which
and policies are formulated. has control over the matter. It requires a precise
- Pres communication privilege applies to docs in and certain reason for preserving their
their ENTIRETY. confidentiality.
- Communicate candidly- enhance quality At any rate, the Cong may not require the executive
agency decisions. to state the reasons for the claim with such
4. Diplomatic negotiations privilege Encourage a particularity as to compel disclosure of the
frank exchange of exploratory ideas b/w the information which the privilege is meant to protect.
negotiating parties by shielding such negotiations
PRESIDENTIAL IMMUNITY
from public view.
- Pres sole organ of the nation in its external a. (Estrada v. Desierto)
relations, and its sole representative with b. Rodriguez v. Arroyo (2011)
foreign nations - SC President as C-O-C of the AFP, can be held
PRIVILEGE IS NOT ABSOLUTE. Executive liable for affront against the petitioners rights to
cannot, any more than other branches of the govt, life, liberty and security as long as substantial
invoke a general confidentiality privilege to shield evidence exist to show that he or she had exhibited
its officials and employees from investigations. involvement in or can be imputed with knowledge
(Judical/ Congressional Investigation conducted IN of the violations, or had failed to exercise necessary
AID OF legislation) investigations required under the rules, and that
- That is why, when Cong exercises its power of former President Arroyo cannot use the
inquiry, the only way for Dept heads to presidential immunity from suit to shield herself
EXEMPT themselves therefrom is by a VALID from judicial scrutiny that would assess wheteher,
CLAIM of privilege. They are not exempt by within the context of amparo proceedings, she was
mere fact that they dept heads. ONLY THE responsible or accountable for the abduction of
PRESIDENT may be exempted on whom Rodriguez.
executive power is vested, hence, beyond the Extends only in concurrence with the presidents
reach of Congress except through the power of incumbency. (Civil/Criminal and there is no need to
impeachment. (Reason: Highest official of the provide for it in the Consti or law). It will be
Executive branch and Co-equal branch) degrade the dignity of the high office of the Pres,
[AKBAYAN V. AQUINO] the Head of State, if he can be dragged into court
litigations while serving as such. Unlike the
SC stressed that EP is recognized only in relation to legislative and executive branch, only one
certain types of information of a sensitive character. constitutes the executive branch, ONLY ONE
IMPLIED NATURE OF THE CLAIM OF CONSTITUTES the Executive branch and
PRIVILEGE: anything which impairs his usefulness necessarily
Whenever an official fails to be present impairs the operation of the govt.
invoking EO 464, such invocation must be DAVID v. Arroyo xx this however does not mean that
construed as a declaration to congress that the the Pres is not accountable to anyone. Like any other
Pres/ Head of office has determined that the official, he remains accountable to the people but MAY
requested information is privilege. BE REMOVED from office ONLY THROUGH
There is a violation because: Once the head of IMPEACHMENT x x
office determines that a certain information is
privilege, such determination is presumed to bear
the Pres authority and has the effect of prohibiting
the official from appearing before the Cong, subject
1. EOs rules of a GENERAL or PERMANENT
CHAPTER 11. POWERS OF THE PRESIDENT character in implementation or execution of
constitutional or statutory powers.
POWERS OF THE PRESIDENT 2. AOs relate to particular aspects of
Is every power relating to enforcement and governmental operations in pursuance of his
administration of laws to be regarded as belonging duties as administrative head.
to the Pres by virtue of his office? 3. MOs matter of administrative detail or of
subordinate or temporary interest w/c only
concern a particular officer/ office of the Govt.
Original view: Yes. The enumeration of specific 4. MCs relating to internal administration, which
executive powers are considered as intended merely to the Pres desires to bring to the attention of ALL
specify the PRINCIPAL articles implied in the or SOME of the Depts/ Agencies, for information
definition of power, LEAVING THE REST TO FLOW or compliance.
FROM THE GENERAL GRANT of that power. 5. Proclamations Fixing a date or declaring a
Reconsidered. Stricter Interpretation: status or condition of public moment or interest,
upon the existence of which the operation of a
a. Marcos v. Manglapus. Powers of the president specific law or regulation is made to depend, and
cannot be said to be limited only to the specific which shall the force of an EO.
powers enumerated in the consti. EP is more than 6. General or Special Orders Acts and commands
the sum of specific powers enumerated therein of the Pres in his capacity as Commander-in-
b. Phil. Coconut Producers Fed Inc. vs. Republic. x chief of the AFP.
x Either pursuant to the RESIDUAL POWER of
the pres or BY FORCE of his enumerated powers SPECIFIC POWERS of the Pres:
that has control over all matters pertaining to the 1. APPOINTING POWER
disposition og govt property including sequestered Appointment SELECTION/ DESIGNATION, by the
assets x x authority vested with the power, of an individual who is
The provision in the ADMIN CODE on the so to exercise the functions of a given office.
called Residual Powers of the Pres declares
UNLESS CONGRESS PROVIDES How? ORAL or WRITTEN. Commission is the written
OTHERWISE, the pres shal exercise such evidence of an appointment.
OTHER POWERS and functions vested in
Sec 16. The pres shall nominate and, with the consent
the Pres which are provided for under the laws
of the COA, appoint the heads of the executive depts,
and which are not specifically enumerated
ambassadors, other public ministers and consuls, or
above, or which are not delegated by the Pres
officers of the armed forces from the rank of colonel or
in accordance with law.
naval captain, and other officers whose appointments
c. Banda v. Ermita. Power of the president to
are vested in him in this Constitution. He shall also
REORGANIZE the offices and agencies in the
appoint all OTHER officers of the Govt whose
executive dept in line with his constitutionally
appointments are not otherwise provided for by law, and
granted power of control over executive offices and
those whom he may be authorized by law to appoint.
by virtue of his previous delegation of the
The Congress may, by law, vest the appointment of
legislative power to reorganize executive branches.
other officers lower in rank in the Pres alone, in the
Continuing Authority
courts, or in the heads of departments, agencies,
d. Authority to conduct peace negotiations with rebel
commissions, or boards.
groups and to declare state of rebellion, are
ALTHOUGH NOT EXPLICITLY MENTIONED The pres shall have the power to make appointments
in the Consti, springs in the main from her powers DURING THE RECESS of the Cong, whether
as chief executive and at the same time, draws voluntary or compulsory, but such appointments shall
strength from her Commander-in-chief powers. be effective only until disapproved by the COA or until
e. Issuing Decrees No authority. Within the the next adjournment of the Cong.
province of the legislature. Neither Martial law nor
state of emergency can justify such action. a. Permanent Appointments extended to those
ORDINANCE POWERS YES. and may persons possessing the requisite eligibility and are
issue any of the following: thus protected by the Constitutional provision on
security of tenure.
b. Temporary Appointments given to persons w/o 6 CATEGORIES OF OFFICIALS WHO ARE
such eligibility, are revocable at will and w/o the SUBJECT TO THE APPOINTING POWER of the
necessity of just cause or a valid investigation. Pres:
- Upon the understanding that the appointing power
1. Heads of the Executive Depts;
has not yet decided on a permanent appointee.
2. Ambassadors, other public ministers and consuls;
a. General v. Urro. Acting appointments may be
3. Officers of the AF from the rank of colonel or naval
made even to offices with staggered terms.
captain;
GR: Pres includes the power to make temporary 4. Other officers whose appointments are vested in
appointments UNLESS (1) Specifically prohibited by him by the Consti;
the Consti (2) acting appointment is repugnant to the 5. All other officers of the govt whose appointments
nature of the office involved. (Only limitation) are NOT PROVIDED for by law;
- Generally, the purpose for staggering the term of 6. Those whom he may be authorized by law to
office is to minimize the appointing authoritys appoint.
opportunity to appoint a majority of the members Appointment of the Ombudsman, Member of the SC
of a collegial body. Also, to ensure the continuity and lower courts, VP as member of the Cabibet,
of the body and its policies. Presidents deputies, Commissioner of Customs= x
- A staggered term of office, however, is not a Confirmation form COA.
statutory prohibition, direct or indirect, against the 1ST SENTENCE OF SEC. 16, ART 7 is an
issuance of an acting or temporary. It does not EXCLUSIVE ENUMERATION.
negate the authority to issue acting or temporary As to Officers lower in rank, the Cong may allow
appointments that Administrative Code Grants. their appointments to be made by the pres alone, the
courts, and the heads of the departments/agencies.
DESIGNATION imposition of additional duties, - Officers lower in rank below the rank of or
usually by law, on a person already in the public subordinate to those in whom the power of
service by virtue of an earlier appointment. appointment is vested.
(Similar: Both temporary in nature)
STEPS in the appointing process:
- It does not entail payment of additional benefits
or grant upon the person so designated the right A. REGULAR APPOINTMENT:
to claim the salary attached to the office. 1. Nomination By the President
- The LEGAL BASIS of an employees right to 2. Confirmation Prerogative of COA
claim the salary attached thereto is a duly 3. Issuance of the commission By Pres
issued and approved appointment to the B. INTERIM APPOINTMENT:
position and not a mere designation. - Appointment comes before the confirmation, which
Both the TEMP and DESI are NOT SUBJECT TO is made by the Commission when it reconvenes
confirmation by the COA. Such confirmation, if following the legislative recess.
given erroneously, will not make the incumbent a - Nomination of the regular appointee is made and
permanent appointee. approved during the session, when the COA is
The pres may temporarily designate an (1) officer authorized to meet.
already in the govt service or (2) any other - The ad interim appointment is made during the
competent person to perform the functions of an recess and becomes effective then, subject to
office in the executive branch. confirmation or rejection later, during the next
- Thus under # (2), the pres may even appoint in legislative session.
an acting capacity a person not yet in the govt
service, as long as the pres deems that person DISTINCTION B/W REGULAR AND AD
competent. INTERIM APPOINTMENT:
The power to appoint is essentially executive in 1. WHEN: REG- Legislative session; AD- Recess
nature and the legislative may not interfere with the 2. REG- only after the nomination is confirmed by the
exercise of this executive power except in those COA; AD- before confirmation
instances when the consti expressly allows it to 3. REG-once confirmed, continues until the end of the
interfere. Its interference is limited to the power to term of the appointee; AD cease to be valid if
prescribe qualification to an appointive office. disapproved by the COA or upon the next
Limitations on the executive power to appoint adjournment of the Congress.
are construed strictly against the legislature.
- In the latter case, the appointment is deemed power of the Pres to fill the office by appointment.
by passed through the inaction of, and so Any limitation on or qualification to the exercise of
disapproved impliedly by, the COA. the pres power to appoint should be strictly
construed and must be clearly stated in order to be
A. MATIBAG v. BENIPAYO. Ad interim recognized.
appointment is a permanent appointment because it 2. THE REMOVAL POWER
takes effect immediately and can no longer be From the express power of appointment is the
withdrawn by the pres once the appointee has implied power of the president to remove.
qualified into office. The fact that it is subject to However, it is not correct to say that all officials
confirmation by the COA does not alter its appointed by him (pres) are also removable by
permanent character. However, when the ad interim him since the consti prescribes certain methods
appointment lapses by inaction of the COA, as for the separation from the public service of
when it fails or refuses to act on the same until the some officers.
next adjournment, it would not constitute a term
Examples:
of office. The period from the time the ad interim
1. Members of the SC, Ombudsman, and ConCom
appointment is made to the time it lapses is neither
By impeachment.
a fixed nor an expired term.
**Deputy Ombudsman By Pres. Expressly
B. LUEGO v. CSC. Essentially discretionary power
conferred upon him said power.
subject only to the condition that the appointee
should possess the qualifications required by law. 2. Judges of inferior courts By SC
- All that the CSC may do is determine WON the 3. Local Elected Officials By proper courts (LGC)
appointee possesses the qualifications and requisite
appropriate eligibility. If he does, appointment is In all other cases, where the power of removal is
granted; If he does not, appointment is denied. lodged in the pres, the same may be exercises by
C. Lacson v. Romero. An appointment is deemed him ONLY for cause as may be provided by law
complete upon acceptance. Pending acceptance, and in accordance with the prescribed
which is optional to the appointee, the appointment administrative procedure.
may still be validly withdrawn. Exception:
- Appointment cannot be forced to a citizen - Members of the Cabinet or to executive officials
except pursuant to defense of state under Art 2. whose term of office is determined AT THE
D. De Castro v. JBC. Prohibited appointments under PLEASURE OF THE PRESIDENT.
Sec 15 do not cover appointments to the SC. At any rate, a REMOVAL PRESUPPOSES
- One of the reasons of Sec 15 is to eliminate FORCIBLE AND PERMANENT SEPARATION
midnight appointments from being made by OF THE INCUMBENT FROM OFFICE
an outgoing chief executive. It only covers BEFORE THE EXPIRATION OF HIS TERM.
appointment made in the executive department
and excludes the judiciary. Their establishment 3. CONTROL POWER.
of the JBC and their subjecting the nomination The executive shall have control of all the executive
and screening of candidates for judicial departments, bureaus and offices. He shall ensure that
position to the unhurried and deliberate the laws be faithfully executed.
PROCESS of the JBC ensured that NO MA may
be done in the judiciary. As to decision-making:
- Process: It is mandatory for the JBC to submit - Power of an officer to alter/ modify/ nullify/ set
tot eh pres the list of nominees to fill a vacancy aside what a subordinate officer had done in the
in the SC in order to enable the Pres to appoint performance of his duties and to substitute the
one of them WITHIN 90 DAYS from the judgment of the former for that of the latter.
occurrence of the vacancy. The JBC has no - Order the doing of an act by a subordinate/ undo
discretion to submit the list to the Pres AFTER such act/ assume a power directly vested in him by
the vacancy occurs, because that shortens the law. (USURPATION??) The pres shall have
90 period allowed by the Consti for the pres to control of all the executive dept
make the appointment. VS. SUPERVISION:
By virtue of Sec 16 Where there are offices which - Does not cover the authority of ordering the doing/
have to be filled but the law does not provide the undoing of an act. It merely sees to it that the rules
process for filling them, the Consti recognizes the
are followed, but he himself cannot lay down such would allow him not only to negate the will of
rules or have the discretion to modify such rules. the legislature but also to encroach upon the
prerogatives of the judiciary.
- The pres power to conduct investigations to aid
DOCTRINE OF QUALIFIED POLITICAL him in ensuring the faithful execution of laws is
AGENCY: inherent in the pres power. It flows from the
Acts performed/ promulgated by the heads of dept faithful-execution clause of the Consti under
heads in the regular course of business, unless Art 7 sec 17. As CE, he represents the govt as
disapproved or reprobated by the chief executive, are a whole and sees to it that all laws are enforced
PRESUMABLY the act of the chief executive them being by the officials and employees of his dept.
alter egos of the president.
- Adopted out of practical necessity: Pres 4. THE MILITARY POWER
cannot be expected to personally perform the Art 7. Sec. 18. x x The pres shall be the CIC of all
multifarious functions of the executive office. armed forces of the PH x x In case of invasion or
Relate to: Doctrine of exhaustion of administrative rebellion, when the public safety requires it, he may,
remedy: Further appeal from a decision of a cabinet for a period NOT EXCEEDING 60 DAYS, suspend the
secretary may be taken to the Office of the president privilege of the WHC or place the PH or ANY PART
before resorting to judicial action. thereof under MARTIAL LAW. Within 48 hours from
- NOT ABSOLUTE. Recognized exception is when the proclamation of ML/ suspension of WHC, pres shall
there exists a special law that provides for a submit a report in person or in writing to the Congress.
different mode of appeal. Such executive control The Cong, VOTING JOINTLY, by a vote of at least a
may be limited by the Consti, by law, or by judicial majority of all its members in regular/ special session,
decisions. may revoke such proc/suspension, which revocation
- Doctrine is NOT APPLICABLE: To acts of CS shall NOT BE SET ASIDE BY THE PRES. Upon the
done in their capacity as ex officio members (BODs initiative of the pres, the Cong may extend such proc/sus
of GOCC) of a particular office not by appointment for a period to be determined by the Cong, if the
of the Pres but by OPERATION OF LAW. invasion/ rebellion shall persist and public safety
requires it.
Sec 17 is a self-executing provision. The pres
derives his power of control directly from the The Cong, if not in session, shall w/in 24 hours ff.
consti and not from any implementing legislation. proc/sus, convene in accordance with its rules w/o need
of a call.
The SC may REVIEW, in an appropriate proceeding
The power of control is exercisable by the president filed BY ANY CITIZEN, the sufficiency of the factual
over the ACTS of his subordinates and not basis of the proc/sus, and must promulgate its decision
necessarily over the SUBORDINATE himself. w/in 30 days from its filing.
- The pres, through the secretary of justice can
order the provincial fiscal to reverse his actions. A state of ML does not suspend the operation of the
DOJ secretary acting in the regular discharge of Consti, nor supplant the functioning of the civil
his functions as an alter ego of the pres. As a courts/ legislative assemblies, nor authorize the
subordinate in this department (FOJ), PF is conferment of jurisdiction on military courts and
bound to obey the Secretarys directives, which agencies over civilians where civil courts are able to
are presumably the acts of the pres of the PH. function, nor automatically suspend the privilege of
TAKE-CARE CLAUSE the writ.
- The power to take care that the laws be The suspension of the privilege of the writ shall
faithfully executed makes the pres a dominant APPLY ONLY to persons judicially charged for
figure in the admin of the govt. rebellion or offenses inherent in or directly connected
- However, it is not for him to determine the with invasion.
validity of a law since this is a question
exclusively addresses to the judiciary. Hence, During the suspension, any person thus arrested or
until and unless a law is declared unconsti, the detained shall be JUDICIALLY CHARGED within 3
pres has a DUTY TO EXECUTE it regardless days, otherwise he shall be released.
of his doubts on its validity. A contrary opinion
Bolsters the principle civilian authority is, at all ITS DUTY TO SUPPRESS LAWLESS
times, supreme over the military VIOLENCE.
By making the pres the CIC, it lessens the danger of CALLING OUT POWER can only be
military take-over of the govt in vio of its exercised by the PRES and NO ONE ELSE.
republican nature.
Although pres in the CIC, he will be so ONLY if DOCTRINE OF COMMAND
there are armed forces to command. These forces RESPONSIBILITY:
will be raised by the Cong in the exercise of its - Pres can be held responsible for the actions of his
general legislative power, citizen to render subordinates if the ff. requisites are present:
personal military or civil service. a. The existence of a superior-subordinate
Military power ENABLE THE PRES TO: relationship b/w the accused as superior and
a. Command all the AFP the perpetrator of the crime as his
b. Suspend the PWHC subordinate;
c. Declare ML b. Superior knew or had reason to know that the
crime was about to be or had been committed;
a. COMMAND THE AFP c. Superior failed to take the necessary and
Organize Court martials- aid the pres in reasonable measures to prevent the criminal
properly commanding and enforcing discipline acts or punish perpetrators thereof.
in the armed forces. They are in fact simply
instrumentalities of the executive power
which may be convened by the pres A. HABEAS CORPUS
independently of legislation. (X courts w/n the - Suspension of the PWHC is subject to
PH judicial system) limitations and may be revoked by the Cong or
- Hence, in the absence of any declaration of the SC.
war/ML, military tribunals CANNOT TRY WHC a writ directed to the person detaining another,
and exercise jurisdiction over civilians for civil commanding him to produce the body of the prisoner at
offenses committed by them w/c are properly a designated time and place, with the day and cause of
cognizable by the civil courts. JP exists only in his caption and detention, to do, to submit to, and
the courts, which have exclusive power to hear receive whatever the court or judge awarding the writ
and determine those matters which affect the shall consider in his behalf.
life/liberty/property of a citizen.
The power to confirm a sentence of the Pres LIBERATION OF THOSE WHO MAY BE IN
includes the power to approve or disapprove the PRISON W/O SUFFICIENT CAUSE
entire or any part of the sentence given by the - Suspension of the privilege DOES NOT
court martial. (An exercise by the Pres of his SUSPEND THE WRIT ITSELF, but only its
powers as CIC of all our armed forces)
privilege.
1. IBP v. Zamora. Pres Estrada deployes the
Meaning: When the court receives an application for
Marines to join the PNP is visibility patrols the writ, and it finds the petition in the proper form, it
around metro manila for the purpose of crime will issue the writ as a matter of course. If the return to
prevention. This so called calling out power the writ shows that the person in custody was
of the pres involves ordinary police action,
apprehended and detained in areas where the
which would ordinarily not entitle him to
PWHC has been suspended, the court will
invoke a greater power when he wishes to act
SUSPEND FURTHER PROCEEDINGS in the
under a lesser power.
action.
2. David v. Arroyo. While the pres alone can
declare a STATE OF NATIONAL SC has the power to annul the suspension if the
EMERGENCY, however, w/o legislation, he same is not based on either of the 2 grounds,
has no power to take over privately owned invasion or rebellion, when public safety
public utility or business affected with public requires it.
interest.
- Military cannot be ordered to enforce custom 3. MARTIAL LAW
laws, laws governing family and property - In its strict sense: Law which has application when
relations. ONLY LAWS PERTINENT TO the military arm DOES NOT SUPERSEDE civil
authorities but is called upon to aid the Pres in the 10. The SPWHC shall apply ONLY TO PERSONS
maintenance of law and order. FACING CHARGES OF REBELLION OR
- NO CIVIL RIGHTS OF THE INDI IS INVASION.
SUSPENDED. No new powers are given to the 11. Any person arrested for such offense must be
executive; the relation of the citizen to their state is judicially charged within 3 days, otherwise he shall
unchanged. be released.

LIMITATIONS ON THE MILITARY POWER:


1. He may call out armed forces only when it is
necessary to prevent or suppress LAWLESS 5. THE PARDONING POWER (Sec 19)
Except in cases of impeachment, or as otherwise
VIOLENCE, INVASION or REBELLION only.
provided in this Consti, the Pres may grant reprieves,
2. Grounds for the SPWHC and proc of ML are now
commutations, and pardons, and remit fines and
limited only to REBELLION or INVASION, when
forfeitures, AFTER conviction by final judgment.
public safety requires it.
He shall also have the power to grant amnesty with the
3. The duration shall NOT EXCEED 60 DAYS,
concurrence of a MAJORITY OF ALL MEMBERS OF
following which it shall AUTOMATICALLY BE
CONG.
LIFTED.
- Executive clemency.
4. Within 48 hours, Pres shall submit report personally
- Exercise is discretionary in the Pres and may
or in writing to the congress his action. If not in
not be controlled by the legislature or reversed
session, cong shall convene with 24 hours ff. the
by the courts, save only when it contravenes the
suspension/declaration.
limitations provided for by law.
5. The Cong may then, voting jointly, by a majority
Pardon An act of grace which exempts the individual
vote, revoke his action.
on whom it is bestowed from the punishment which the
6. The revocation may not be set aside by the Pres
law inflicts for the crime he has committed.
7. By the same vote and in the same manner, upon the
Commutation reduction or mitigation of the penalty.
initiative of the pres, the suspension/proc maybe
(Death- LI)
extended for a period to be determined by the Cong
Reprieve postponement of a sentence to a date
if the invasion or rebellion and the public safety
certain, or a stay of execution.
requires it.
8. The action of the Pres and Cong shall be subject to LIMITATIONS:
review by the SC which shall have the authority to 1. X = Impeachment.
determine the sufficiency of the factual basis of X judicial or criminal prosecution and therefore
such action. THIS MATTER IS NO LONGER does not essentially come under the pardoning
CONSIDERED AS A POLITICAL QUESTION power. However, a party CONVICTED in an
and maybe raised in an appropriate proceeding by impeachment proc is subject to prosecution in
any citizen. SC shall decide w/in 30 days from an ordinary criminal action- pardon? YES.
filing. 2. Viol. of any election law, rule or regu W/O the
favorable reco of the COMELEC.
The constitutional validity of the pres proclamation of
3. X = LEGISLATIVE CONTEMPT- vio doctrine o
ML or SPWHC is first a political question in the hands
SP.
of Cong before it becomes a justiciable one in the hands
4. X = Civil contempt- this would involve the benefit
of the Court FORTUN v. ARROYO (2012). Also,
not of the State itself but of the private litigant
although the court may inquire to the factual basis of
whose rights have been violated by the contemner.
such action (pres exercise of such power), it would
5. X = for the purpose of absolving the pardonee of
generally defer to her judgment on the matter. Unless
civil liability, including judicial cost, since, again,
there is a showing of GAD, Court will accord respect to
the interest that is remitted does not belong to the
the Pres judgement.
State but to the private litigant.
9. ML does not automatically suspend the PWHC or 6. After CONVICTION by final judgment
the operation of the Consti. The civil courts and the 7. X restore offices forfeited
legislative bodies shall remain open. Military courts
and agencies are not conferred jurisdiction over KINDS OF PARDON:(absolute. Conditional.
civilians where the civil courts are functioning. Plenary. Partial)
a. ABSOLUTE. No strings attached.
- No option but to accept. In this case, AP is similar a. A is usually addressed to crimes against the
to commutation which is also not subject to sovereign, to political offenses; P- infractions of
acceptance. the peace of the State.
b. CONDITIONAL. Convict is required to comply b. A is usually to classes or even communities; P
with certain requirements. usually addresses to an individual.
- Offender has the right to reject it since he may feel c. A, there may or may not be distinct acts or
that the condition imposed is more onerous than the acceptance, so that if other rights are dependent
penalty sought to be remitted. upon it and are asserted, there is affirmative
- Condition must be so extensive with the penalty evidence of acceptance; in P there must be distinct
remitted unless otherwise indicated. acts of acceptance.
- Violation of the condition before the expiration d. P does not require concurrence of cong; A does.
of the remitted penalty, the pardon itself is e. P is private act of the Pres w/c must be pleaded and
deemed invalidated and the padonee may either be proved by the person pardoned because the courts
recommitted by the Pres or prosecuted under the do not take judicial notice of it; A is a public act
RPC in w/c case the penalty is PC, except when the of which the courts must take JN.
penalty remitted is higher than 6 years, in which f. P looks forward and relieves the offender from the
event he shall serve the unexpired portion of his consequences of an offense of which he has been
original sentence. convicted; A looks backward and abolishes and
- The remedies are not mutually exclusive and puts into oblivion the offense itself. As if he had
may be successively availed of by the pres. committed no offense

c. PLENARY. Extinguishes all penalties imposed,


including accessory disabilities. 6. BORROWING POWER
Sec 20. The pres may contract or guarantee
d. PARTIAL. Does not.
foreign loans on behalf og the PH with prior
concurrence of the MB, and subject to such
EFFECTS OF PARDON
limitation as may be provided by law. The MB shall,
- Restore not only the offenders liberty but also his
w/in 30 days from the end of every quarter of the
civil and political rights. BUT X restore offices
CY, submit to Cong a complete report of its
forfeited. It cannot mask the acts constituting the
decisions on applications for loans to be contracted
crime unless grounded on the persons innocence, it
or guaranteed by the govt or GOCC which would
cannot bring back lost reputation.
have the effect of increasing the foreign debt.
The fact that this power is subject to the
DISTINCTIONS
concurrence of another entity does not make
a. Parole release of the convict from
such power less executive.
imprisonment but not restoration of his liberty.
Still in the custody of the law although not Quintessential the most perfect embodiment of
under confinement. something, the concentrated essence of
b. Pardon pardonees sentence is condones substance.
subject only to reinstatement in case of viol of
the condition attached to the pardon. Non deligable cannot be delegated to another, or
c. Parole executive in nature and presupposes even if delegated, the responsibility remains with
the prior service of part of sentence. the obligor.
d. Probation Judicial and may be granted even 7. DIPLOMATIC POWER
before actual service of sentence. - Enter into treaties and otherwise transact business
of foreign relations.
AMNESTY. May only be granted upon
concurrence of the majority of Cong. Sec 21. No treaty or IA shall be valid and effective
VERA v. PEOPLE. Amnesty requires unless concurred by at least 2/3 of ALL members of
previous admission of guilt since a person the SENATE. (TREATY-MAKING POWER)
would not need the benefit of amnesty unless he - X include executive agreements which can be
were guilty of the offense covered by the concluded w/o necessity of Senate concurrence.
proclamation. - EA although a treaty within the meaning of that
word, is less formal and deals with a narrower range
AMNESTY v. PARDON of subjects. All that it requires to be effective is (1)
B/w States (2) Written (3) Governed by c. Consent to the deputization of govt personnel
International law. by COMELEC
Under International law, there is no difference d. Discipline its deputies
b/w treaties and EA in terms of their binding e. By delegation, exercise emergency powers and
effect on the contracting states. tariff powers
- Treaties and IA have a limiting effect on the
CHAPTER 12. THE JUDICIAL DEPARTMENT
otherwise encompassing and absolute nature of
sovereignty. Everytime a state enters into an IA, INDEPENDENCE OF THE JUDICIARY. To
it sheds off part of its sovereignty. The maintain independence, the ff. safeguards have been
constitution, as drafted, did not envision a embodied in the consti.
reclusive PH isolated from the rest of the world. 1. SC is (the only) a constitutional body. It cannot be
The usual underlying consideration in this partial abolished nor may its membership or manner of its
surrender may be the greater benefits derived from meetings be changed by mere legislation.
a reciprocal undertaking. **All other courts statutory creation.
2. Member of SC may not be removed except by
PIMENTEL v. EXECUTIVE SECRETARY
impeachment.
The power to ratify treaty is vested in the Pres, 3. SC may not be deprived of its minimum original
subject to the concurrence of the Senate. and appellate juris.
The role of the Senate is limited only to giving or 4. The appellate juris of SC may not be increased by
withholding its consent, or concurrence, to the law w/o its advice and concurrence.
ratification. Hence, it is w/in the authority of the Pres 5. Appointees to the judiciary are now nominated by
to refuse to submit a treaty to the Senate, or having the JBC and no longer subject to confirmation by
secured its concurrence, refuse to ratify it. Such the COA.
decision cannot be encroached by the Court via a writ 6. SC now has administrative supervision over all
of mandamus. courts and their personnel
7. SC has exclusive power to discipline judges of LC.
- While sec 21 requires the concurrence of the senate,
8. Mem of SC and all LC have security of tenure, w/c
such pertains only to the validity of the treaty, NOT
cannot be undermined by a law reorganizing the
TO THE CONDUCT of negotiations attendant to
judiciary.
its conclusion.
9. X designated to any agency performing QJ or
Admin functions.
8. BUDGETARY POWER 10. Salaries may not be reduced during their
Sec 22. Pres shall submit to the Cong w/in 30 days continuance in office
form the opening of every regular session, as the 11. Judiciary shall enjoy fiscal autonomy
BASIS OF THE GAB, a budget of expenditures and 12. SC may initiate rules of court
sources of financing, including receipts from existing 13. Only SC may order the temporary detail of judges
and proposed revenue measure. 14. SC can appoint all officials and employees of the
- Best position to determine the needs of the
judiciary.
govt and propose the corresponding
appropriations therefor on the basis of existing
Judicial Power duty of the courts of justice to
or expected sources of revenue.
settle actual controversies involving rights w/ are
NOTE: Cong may not increase the appropriations legally demandable and enforceable, and to
recommended by the Pres for the operation of the determine won there has been GAD amounting to
Govt as specified in the budget. lack or excess of juris on the part of any branch or
instrumentality of the govt.*
9. INFORMING POWER
Sec 23. Pres shall address the Cong at the opening of (Art 8. Sec 1) vested in one Supreme Court** and in
the regular session. He may also appear before it at such lower courts as may be established by law.
any other time.
*The 2nd part represents the broadening of judicial
10. OTHER POWERS power to enable the courts to review what was
a. Call the Congress for special session before forbidden territory, to wit, the discretion of
b. Approve or veto Bills the political depts. of the govt.
- When the grant of power is qualified/
conditional, the issue of whether the prescribed
qualifications or conditions have been met or c. QUALIFICATIONS- Every member of the
the limitation respected is JUSTICIABLE- the judiciary be a person of proven competence,
problem being one of VALIDITY/ integrity, probity, and independence
LEGALITY, not its wisdom. (IBP v.
Sec 7. (1) No person shall be appointed member of the
ZAMORA)
SC or any lower collegiate court unless he is a NBC of
- Moreover, even if the question were political
PH. A mem of SC must be at least 40 years old, and must
in nature, it would still come w/in the courts
have been for 15 years or more a judge of a lower court
power of review, x x determine won there is
or engaged in the practice of law in the PH.
GAD of discretion amounting to L/E of J
- Qualifications SC mem EXCLUSIVE. May not
(Daza v. Singson)
be increased or reduced by Cong through
- Also, independently of the determination of
ORDINARY LEGISLATION.
GAD, judicial power may be exercised when
- But in the case of the judges in the LC, Cong is
there are serious allegations that a law has
EXPRESSLY authorized by par (2) to ADD
infringed the Consti- It becomes not only a
constitutional qualifications. **It should be noted
right but a duty of the court to UPHOLD
tha NBC is not required for courts lower than
THE SUPREMACY OF THE CONSTI.
collegiate courts.
** Legislature X created even temporary SC.
JP includes the power of the courts to alter,
modify or set aside their decisions before they d. JUDICIAL AND BAR COUNCIL
- Takes the place of COA in the manner of
become final and unalterable.
appointments.
It covers as well as the continuing authority of the
SC to enforce its final decisions because the EX OFFICIO MEMBERS:
execution of its decisions is but an integral part of a. Chief justice (RM: 4 yrs)
its adjudicative function. Accordingly, it may issue b. Sec of Justice (RM: 4 yrs)
a writ of continuing mandamus to ensure c. Rep of the Congress (RM: 4 yrs)
compliance w/ its decision. d. Rep of IBP- 4 yrs (appointed)
e. Professor of law- 3 yrs (appointed)
f. Retired member of SC-2 yrs (appointed)
a. JURISDICTION
g. Rep of Private Sector- 1 yr (appointed)
Sec 2. The Congress shall have the power to define,
h. Sec of SC- ex officio sec of JBC
prescribe, and apportion the jurisdiction of the various
courts but may not deprive the SC of its jurisdiction **First regular members 4-3-2-1 staggered terms, to
over cases enumerated in Sec 5 hereof. be followed with new appointments who shall serve for
- Authority by which the court take cognizance of the full term of 4 years.
and decide cases, the legal right by which judges - No need for the confirmation of COA. One instance
exercise their authority. where appointments made by the pres may not be
checked by COA.
b. APPOINTMENTS
Sec 9. Members of the SC and judges of lower courts e. FISCAL AUTONOMY
shall be appointed by the Pres from a list of at least 3
nominees prepared by the JBC for every vacancy. Such Sec 3. The judiciary shall enjoy fiscal autonomy.
appointments need no confirmation. Appropriations for the Judiciary may not be reduced by
For the lower courts, the Pres shall issue the the legislature below the amount appropriated for the
appointments w/in 90 days from the submission of the previous year and, after approval, shall be
list. automatically and regularly released.
- At least 3: Give pres the leeway in the exercise of - Freedom from outside control.
his discretion when he makes his appointment. If - Entitles it to levy, assess and collect fees. Any law
nominee would only be one, the appointment which provides for an exemption (GOCCs/LGU)
would be in effect made by the JBC, w/ the pres froms aid fees would be violative of the courts
performing only the mechanical act of formalizing fiscal autonomy.
the commission. - sale to the retired justices of specifically
designated properties that they used during their
incumbency has been recognized both as a privilege
and benefit granted as a form of additional
retirement benefit by the Court to its officials and G. JUDICIAL INQUIRY; Requisites. To invoke the
employees in the exercise of its power of jurisdiction of the court. (Dumlao v. Comelec)
administrative supervision Courts may not be 1. Actual Controversy
obstructed from their freedom to use/dispose of 2. Question of constitutionality must be raised by the
their funds for purpose germane to judicial proper party
functions. 3. The constitutional question must be raised at the
earliest opportunity; and
f. COMPOSITION OF SC (15 members) 4. The decision of the constitutional question must be
- Enable the court to cope more effectively w its necessary to the determination of the case itself;
mounting backlog cases.
- Meet: en banc OR in division (3-5-7 divisions); a. ACTUAL CASE. Involves a conflict of legal
fixed by the consti and may not be changed by rights, an assertion of opposite legal claims
statute. susceptible of judicial resolution.
- Capable of being interpreted and enforced on
Sec 4. (1) SC shall be composed of a CJ, and 14
the basis of existing law and jurisprudence.
Associate Justice.It may sit en banc or in its division of
3-5-7 members only. Any vacancy shall be filled within Controversy appropriate for judicial determination.
90 days from the occurrence thereof. Touching the legal relations of parties having adverse
legal interest.
Query: What if the 90-day requirement conflicts with
the prohibition that the Pres cannot appoint w/in 2 mos - It must be real and substantial admitting of
immediately following the next presidential election up SPECIFIC RELIEF through a decree that is
to the end of his term? (Sec 15, Art 7- Midnight A?) conclusive in character, as distinguished from an
opinion advising what the law would be upon a
De Castro v. JBC (2010). Pres may provide for
hypothetical state of facts.
appointments in the judiciary even within the prohibited
1. Pimentel v/. Aguirre. Even a singular vio of the
time under Sec 15. This applies to all other
consti and/or the law is enough to awaken judicial
appointments in the judiciary.
duty.
A. EN BANC cases 2. Province of North Cotabato v Govt of the RP
Peace panel on ancestral domain. The allegation
Sec 4. (2) x x constitutionality of a treaty, IA or EA or that the law or act in question is not yet effective
la, ... and all other cases which under the RC are does not negate ripeness.
required to be heard en banc, including those involving 3. Philconsa v Villareal. Petition compelling SHR to
the constitutionality, application, or operation of PDs, produce the books of account of that body, however
proclamations, orders, and other regulations, SHALL before it could be decided, the 1973 consti
BE DECIDED with the concurrence of a MAJORITY abolished Congress. SC: moot and academic.
of the members who actually took part in the MOOT & ACADEMIC principle is not a magic
deliberations on the issues in the case and voted formula that can automatically dissuade the courts
thereon. in resolving a case.
B. DIVISION cases - Courts will discuss moot and academic cases if:
Sec 4. (3) Cases heard by division shall be resolved w/ a. There is GRAVE VIO of the Consti
the concurrence of a MAJORITY of the members who b. The exceptional character of the situation
actually took part in the deliberations on the issues in and the paramount public interest is
the case and voted thereon and in no case, w/o the involved;
concurrence of at least 3 of such members. When the c. The constitutional issue raised requires
required number is not obtained, the case shall be formulation of controlling principles to
decided en banc: Provided: That no doctrine or guide the bench, the bar, and the public;
principle of law laid down by the court in a decision d. Case is capable of repetition yet evading
rendered en banc or in division may be modified or review. (1 yr residency requirement of those
reversed except by court sitting en banc. running in the P.O, Election offenses
notwithstanding proclamation of municipal
- There are now 3 divisions of SC with 5 mem mayors , lawfulness of certain appointments,
each. despite the approval of CSC= to avoid
repetition.
1. (FUNA V. THE CHAIRMAN ON COA). Court NOTE: SC retains discretion WON to allow a TP
proceeded to resolve the petition challenging the suit. Being a mere procedural technicality, the
appointment of respondent despite his subsequent requirement of locus standi may be waived by the court
resignation. [4 exceptions to the mootness rule are in the exercise of its discretion.
present]
Senators are proper parties in suits involving claims
2. THE PROVINCE OF NORTH COTABATO V.
that the official action complained of infringes their
THE GOVT OF THE RP PEACE PANEL ON
prerogatives as such. (Prohibition of a plebiscite for
ANCESTRAL DOMAIN.(IN re: MOA-AD)
the ratification of a proposed consti amendment).
- The assertion that the MOA-AD is subject to
3. SENATE V. ERMITA (2006). Who: PDP Laban
further legal enactments including possible
questions the validity of EO 464. X LP
constitutional amendments more than ever provides
impetus for the court to formulate controlling principles Requisites:
a. Public fund
to guide the bench and the bar and the public, and in the
b. Presence of a clear case of disregard of a
case the govt and its negotiating entity.
constitutional or statutory prohibition by the public
Issues involving transcendental importance. (ex.
agency
Construction and operation of international
airports) c. Lack of any party with a MORE DIRECT AND
3. ATIENZA v. VILLAROSA.Court ruled on the SPECIFIC INTEREST in raising the questions
lawfulness of the Governors POs and termination of being raised.
casual employments despite the expiration of his
term. Reason: There is compelling reason for the - X= general interest shared w/ the rest of the
citizenry. (IBP case questioning Pres estra order
Court to resolve the issues presented in order to
deploying the Marine to combat criminality in
clarify the scope of the respective powers of Gov
metro manila)
and V-Gov under the LGC.
Ordinary citizens may be considered as clothed
with locus standi when:
b. PROPER PARTY
a. Proceeding involves a PUBLIC RIGHT/ Right
- one who has sustained or is in immediate
to information & Freedom of expression is
danger of sustaining an injury as a result of the
invoked;
act complained of. Otherwise, NO LEGAL
b. Issues raised by them are of transcendental
PERSONALITY to raise the constitutional
importance w/c must be settled early.
question.
1. PEOPLE V. VERA. Govt of the PH was a
- When the issue involves a public right, it is
proper party to challenge the constitutionality of
sufficient that the petitioner is a citizen and has an
the probation act because, more than any other, it
interest in the execution of laws.
was the govt itself that should be concerned over
the validity of its own laws.
c. EARLIEST OPPORTUNITY. x x such that if it is
2. Quo warranto proceeding Proper party is the
not raised in the pleadings, it cannot be considered
person claiming the position subject of the case.
at trial, and, if not considered on trial, it cannot be
The private person suing must show a clear right to
considered on appeal.
the contested office.
- TAX PAYERS SUIT is now recognized. EXCEPTIONS:
GROUNDS: a. In crim cases, AT ANY TIME in the discretion
(1) Illegal disbursement of PF (2) Tax measure is of the court;
unconstitutional (3) illegal purpose (4) there is b. In civil cases, at ANY STAGE, if it is necessary
wastage of PF through the enforcement of an to the determination of the case itself;
invalid or unconsti law (5) loan contracts are c. In every case, except where there is estoppel, at
serviced or paid through a disbursement of PF. ANY STAGE, if it involves the jurisdiction of
the court.
TP must show that (1) the act complained of
directly involves the illegal disbursement of PF d. NECESSITY OF DECIDING THE
derived from taxation, hence in doing so a law is CONSTITUTIONAL QUESTION
violated or some irregularity is committed (2) he The reason why courts will as much as possible
will sustain direct injury from the act. avoid the decision of consti question: Doctrine of
SP w/c enjoins upon each dept a proper respect for Pursuant to the doctrine of SP, courts hesitate to declare
the acts of the other depts. a law totally unconsti and, as long as possible, it will
Every law has in its favor the presumption of salvage valid portions thereof in order to give effect to
regularity. Unless declared invalid, the same is the legislative will.
valid and binding for all intents and purposes. The
theory is that, as the joint act of the legislative and Requisites:
executive authorities, a law is supposed to have a. Legislature is willing to retain the valid portions
even if the rest if the statute is declared unconsti.
been carefully studies and determined to be
- May be expresses: Separability clause
constitutional before it was finally enacted. Hence,
b. Valid portions can stand independently as a
as long as there is some other basis that can be
separate statute.
used for its decision, the constitutionality will not
be touched and the case will be decided on some
other grounds.
For reasons of public policy, constitutionality POWERS OF THE SUPREME COURT
cannot be COLLATERALLY ATTACKED. a. Original Jurisdiction
EFFECTS OF A DECLARATION OF NULLITY Sec 5. (1). Exercise OJ over cases affecting
a. Orthodox view. (Norton v. Shelby County) ambassadors, other public ministers, and consuls, and
- An unconstitutional act is not a law; it confers no over petitions for certio, prohi, manda, quo, and habeas
rights, it imposes no duties, it affords no protection; corpus
it creates no office, IT IS IN LEGAL
CONTEMPLATION, inoperative, as if it had Under IL, diplomats, and even consuls to a
not been passed. All persons are bound by the lesser extent, are not subject to the jurisdiction
declaration of unconsti. of the courts of the receiving state. In such
instances, the SC can and probably should take
Exception to the general rule (orthodox view) cognizance of the litigation.
Basis: The actual existence of a statute prior to its Certio, prohi, manda are special civil actions.
declaration of unconsti was an operative fact that might The questions raised here are Q of Juris and
have consequences w/c could not justly be ignored. GAD. In quo, title of the respondent and habeas
- This doctrine of operative fact, as an exception corpus, a spec pro.
to the GR, only applies as a matter of equity and Although jurisdiction in these matters are
fair play. The past cannot always be erased by a conferred concurrently w/ CA and RTC, the
new judicial declaration. nature and importance of the issues raised may
- The doctrine is applicable when a declaration of warrant direct resort to the SC.
unconsti will impose an undue burden on those who However, SC maintained though that its
have relied on the invalid law. possession of OJ over these petitions does not
- It can never be invoked to validate an unconsti law. give the parties complete liberty or discretion to
The unconsti law remains unconsti, but its effects file their petition in any of these courts. In the
prior to its declaration as such may be left absence of special reasons, they cannot
undisturbed as a matter if equity and fp. disregard the hierarchy of courts by seeking
- Also applies to Executive acts e.g EOs (since they relief directly from this court despite the fact
have the force and effect of a law) later on declared that the same is available in the lower
invalid (Hacienda Luisita v. PARC) tribunals in the exercise of their original
concurrent J.
b. Modern view. The court in passing upon the PRINCIPLE OF JUDICIAL COURTESY
question of constitutionality does not annul or based on the hierarchy of courts and applies
repeal the statute if it finds it in conflict with the only to lower courts in instances where, even
consti. It simply refuses to recognize it and if there is no writ of preliminary injunction
determine the rights of the parties just as if such or tro issued by a higher court, it would be
statute had no existence. The decision affects the proper for a lower court to suspend its
parties only and there is no judgment against the proceedings for practical and ethical
statute. The parties to the suit are concluded by the considerations.
judgment, but no one else is bound. - Applies where there is a strong probability
PARTIAL UNCONSTITUTIONALITY. that the issues before the HC would be rendered
moot and moribund as a result of the - Constitutionality or validity of a law/ rule issued
continuation of the proceedings in the LC or by an AA in the performance of QLF (ex. Issued
court of origin RR), regular court have juris to pass upon the
- This principle cannot be applied to the Pres, same
who represents a co-equal branch of the govt.
PRINCIPLE OF HIERARCHY OF C. TEMPORARY ASSIGNMENT OF JUDGES.
COURTS. Recourse must first be made to the x x to other stations as public interest may require,
lower-ranked court exercising concurrent BUT SHALL IN NO CASE EXCEED 6 MOS w/o the
jurisdiction with a higher court. consent of the judge concerned x x
b. APPELLATE JURISDICTION
D. Order a change of venue/ place of trial to avoid a
Art 5, Sec 2. x x review, revise, reverse on appeal or MISCARRIAGE OF JUSTICE.
certiorari.. final judgment/ order of LC or other QJB xx
Exception to the rule in crim cases that VENUE IS
1. All cases in w/c the constitutionality/ validity of any JURISDICTIONAL.
T/ I/E agreement..
2. x x legality of any tax/ assessment/ penalty related E. RULE MAKING POWER
thereto. Promulgate rules concerning the protection and
3. x x jurisdiction of LC is in issue enforcement of consti rights, pleading, practice, and
4. x x when penalty is RP or higher procedure in all courts, admission to the practice of
5. x x ONLY AN ERROR/ QUESTION OF LAW. law x x

NOTE: Right to appeal is not embraced in the Due Ex. AMPARO RULE. In light of the prevalence of
process of law. As long as an hearing was conducted in extralegal killing and enforced disappearances.
the LC, aggrieved party cannot demand the right to
appeal if the legislature sees to withhold it. LIMITATIONS:
1. Must be uniform for all courts of the same grade
- Right to appeal is a STATUTORY RIGHT 2. Must NOT diminish, increase or modify
entirely dependent upon the discretion or policy of substantive rights.
the lawmaker. (If the Cong allows it)
Substantive created and defined by express
THIS RULE IS NOT ABSOLUTE! EXCEPTION: enactment as opposed to a mere remedy devised to
APPELLATE JURISDICTION OF SC via appeal enforce such right or obtain redress therefor.
or certiorari!!!
RULE 108 of the RC authorizes correction only if
- Irreducible and may not be withdrawn by CLERICAL ERRORS and NOT MATTER
Congress. AFFECTING SUBSTANTIVE RIGHTS (Status/
- Provided that only PURE QUESTION OF Citizenship*)-beyond the power. Rule 108
LAW arising from decision of LC or Judicial provides only for the procedure or mechanism for
Tribunals. (ADMINISTRATIVE DECISIONS the procedure or mechanism for the proper
ARE NOT INCLUDED!!!) . If mixed CA. enforcement of the substantive law embodied in Art
412 of the NCC and SO DOES NOT VIO the
IN CASE: Administrative Agencies: Consti.
A. Question of FACT entirely up to the legislature, *Pwd= As long as adverse proceeding are held.
w/o it, appeal canot be taken as a matter of right. Rules of procedure may be modified at any time
B. Question of LAW INHERENT. Except: and become effective at once, so long as the
Admin Agencies to SC (Cannot be, not included changes does not affect vested rights. THERE IS
in this Sec 2) NO VESTED RIGHTS TO RULES OF
Ex. COURT MARTIAL. PROCEDURE, which is why it may be given retro
effect.
NOTE!! LC has jurisdiction to decide constitutional
Rules of procedure of SPECIAL COURTS and QJB
questions SUBJECT TO REVIEW BY SC.
shall remain effective unless disapproved by SC.
Ex. RTC. Sandiganbayan (2012- Coconut Producers
vs. RP) F. APPOINTMENT OF COURT PERSONNEL
Appoint ALL official and employees of the
Question: CTA? NO. X REGULAR COURT/ Lower JUDICIARY in accordance w/ the CS law.
Court
As a collegiate court, the SC is required to reach
G. ADMINISTRATIVE SUPERVISION OF its conclusions after full deliberation among its
COURTS. xx over all court and personnel members. The primary purpose of a collegiate
thereof court is precisely to provide for the most
- it is only the SC that can oversee the judges and the exhaustive deliberation before a conclusion is
court personnels compliance with all laws, and take the reached,
proper administrative action against them if they Once agreement is reached at by the required
commit any violation thereof. NO OTHER BRANCH majority, a members is assigned as the ponente of
OF THE GOVT MAY INTRUDE INTO THIS the Court.
POWER W/O RUNNING AFOUL OF THE Any member who took no part, or dissented or
DOCTRINE OF SP. (ADMINISTRATIVE ASPECT) abstained must state the reason therefore.
- However, this does not preclude the
OMBUDSMAN from taking cognizance of the DECISIONS OF THE COURT
criminal cases, or purely the criminal aspect of Sec 14. No decision shall be rendered by any court w/o
cases, against judges, especially when the admin expressing therein CLEARLY and DISTINCTLY the
aspect thereof had been duly endorsed or referred to facts the law on which it is based.
the SC for adjudication.
- Lawyers who occupies what may be termed as QJ No petition for review/MR shall be refused or denied
office since he performs official functions that are w/o stating the legal basis therefor.
akin to judges- part of the QJ system of the govt. - Reason: DUE PROCESS.
(Ex. Provincial Adjudicator of the DAR.- TADLIP - W/O it, losing party cannot pinpoint the possible
v. Atty Bores Jr. 2005 errors of the court for review by the higher tribunal.
- Only applies to DECISIONS (Judgement
rendered after the presentation of proof or on
TENURE OF JUDGES basis of a stipulation of facts). Mere ORDERS are
not covered since they dispose of only
Sec 11. Member of the SC and judges of the LC shall
INCIDENTS of the case, such as postponements.
hold office DURING GOOD BEHAVIOR until they
The only exception is an ORDER OF
reach 75 or become incapacitated to discharge the
DISMISSAL ON THE MERITS.
duties of their office.
CHUNG v. MONDRAGON. As long as the decision
SC en banc shall have the power to discipline judges
is COMPLETE, CLEAR and CONCISE, there would
of LCs or order dismissal by a vote of majority of the
be no breach of the consti mandate. Brevity should not
members who actually took part in the deliberations in
the issues in the case and voted thereon. be mistaken for Levity
- Minute Resolutions Nothing wrong. As where
- Security of tenure until they reach the retirement of
the case is patently w/o merit. In any case, the court
age of 70.
is not duty bound to render signed decisions all the
- Members of the judiciary may be removed only in
time. As long as a legal basis is given, minute
proper admin proc conducted or ordered by SC.
resolutions are valid.
- Included in the Judges of LC-Judges of
- This constitutional mandate is also
Sandiganbayan.
INAPPLICABLE to admin cases decided by SC.
- Power of the Cong to create, reorganize, or even
- Par 2 of this section is NOT APPLICABLE TO
abolish courts INFERIOR TO SC is plenary. The
Administrative Proceedings conducted by
security of tenure is not a personal privilege.
Excecutive / Admin Bodies nd of Military
Note: Relate to Sec 2. No law shall be passed Tribunals because they are nor court of justice.
reorganizing the judiciary when it undermines the
PRINCIPLES:
security of tenure of its members
1. SUB JUDICE RULE restricts comments and
CONSULTATIONS OF THE COURT
disclosures pertaining to judicial proc to avoid
prejudicing the issues, influencing the court or
Sec 13.xxThe conclusions of the SC in any case
obstruct the admin of justice. CONTEMPT ka!
submitted to it for decision en banc or division shall be
2. RES JUDICATA Final judgment or decree on
reached in consultation before the case is assigned to
the merits by a court of competent juris is
a member for the writing of the opinion of the court
CONCLUSIVE of the rights of the parties or d. Whenever circumstances transpire after the finality
their privies in all later suits on all points of the decision that render its execution unjust and
3. CONCLUSIVENESS OF JUDGMENT When a inequitable.
right or fact has been judicially tried and
determined by a court of competent juris, or when SALARIES OF JUDGES-
an opportunity for such trial has been given, the Sec 10. xx CJ, Associate Justices and of Judges of LC
judgment of the court, as long as it remains shall be FIXED BY LAW. During their continuance
unreversed, should be CONCLUSIVE of the rights in office, their salary cannot be decreased.
of the parties or their privies. (Bars the re-litigation
of facts already settled) PERFECTO V. MER and Endencia v. DAVID.
4. LAW OF THE CASE. Where an appellate court - Imposition of income taxes on their salaries was
has made a ruling on a question on appeal and unconsti because it would result in the
thereafter remands the case to the LC for further reduction of their salary.
proc; the question settled by the appellate court
becomes the law of the case at the LC and in any PERIODS FOR DECISION. MANDATORY!!!
subsequent appeal.
x x within 24 mos from the date of submission for the
5. STARE DECISIS ET NON QUIETA MOVERE.
SC and unless reduced by the SC, 12 mos for all lower
Adhere to precedents, and not to unsettle things
collegiate courts, and 3 mos for all other LCs.
which are established. When SC has laid down a
principle of law as applicable to a certain state of Deemed submitted for decision/reso: Filing of the last
facts, it will adhere to that principle, and apply pleading, brief, memoranda
it to all future cases, where such facts are
substantially the same; regardless of whether the CHAPTER 17. ACCOUNTABILITY OF PUBLIC
parties and property are the same. OFFICERS.
ADHERENCE TO JUDICIAL PRECEDENTS. Public office is a public trust
6. FINALITY OF JUDGMENT OR - Underlying reason for the relaxation of
IMMUTABILITY OF JUDGMENT. Once a requirements of due process of law in admin
judgment has become final and executory, it may no pro.
longer be modified in any respect, even if the
modification is meant to correct an erroneous Note: ADMIN OFFENSES DO NOT PRESCRIBE.
conclusion of fact or law, and regardless of whether By its very nature, pertain to the character of public o/e.
the modification is attempted to be made by the In disciplining public o/e, the object sought is not the
court rendering it or by the highest court of the land, punishment of the officer but the improvement of the
as what remains to be done is purely ministerial public service and preservation of the publics faith in
enforcement or execution of judgment. our govt.

Purpose: I- IMPEACHMENT- Power of cong (senator-judges)


a. Avoid delay to remove a public o/e for serious crimes or
b. Put an end to judicial controversies, at the risk of misconduct.
occasional errors, which is precisely why courts
NATURE: Essentially a non-legislative prerogative
exist.
and can be exercised by the CONG only within the
Exemptions: limits provided for by the consti.
a. Correction of clerical errors
A. Impeachable officers: (EXCLUSIVE!) (ART 11,
b. Nunc pro tunc entries which cause no prejudice to
sec 22)
any party
1. Pres
- An entry made now of something w/c was actually
2. VP
previously done, to have the effect as of the former
3. Members of the SC
date. Its office is not to supply omitted action by the
4. Members of the ConCom
court, but to supply an omission in the record of
5. Ombudsman
action really had, but omitted through inadvertence
- Deputy Ombudsman and Special Pros are
or mistake.
NOT impeachable officers even if the law
c. Void judgments
provides for the same grounds as removal by
impeachment.
- SANDIGANBAYAN. NO. Can be removed by the convicted shall nevertheless be held liable and subject
SC. all judges of the LC (Sandiganbayan to pros, trial and punishment according to law.
included)- are under the disciplinary power of the
SC.
Initiate operative act: filing of the verified
complaint. Once filed, no other impeachment pro may
- Impeachable officers who are members of the Bar
be filled against the same official. Meaning: even if
cannot be disbarred w/o first being impeached.
grounded on baseless complaint.
(People v. Benipayo)
If no longer in the public service: disqualification
B. GROUNDS FOR IMPEACHMENT (Not If still: removal and disqualification
exclusive) Judgment of the Cong in an impeachment
a. Culpable vio of the consti proceeding is normally not subject to judicial
b. Graft and Corruption review because of the vesture in the Senate of the
c. Treason sole power to try and decide all cases of
d. Betrayal of PT- catch-all to cover all acts not impeachment.
punishable by the criminal statutes but - Involve the exercise of wisdom and discretion
nonetheless, render the offender unfit to continue and therefore come under the category of PQs.
in office. Ex. Inexcusable negligence, favoritism, BUT the courts may annul the pro IF there is a
obs of justice. showing of GAD committed by the Cong OR
- Less than criminal but must be attended by bad faith noncompliance with the procedural req of the
and of such gravity and seriousness as the other consti (ex. Par2)
grounds for impeachment. Judgment of conviction is also NOT SUBJECT to
e. Bribery the pardoning power of the pres.
f. Other High crimes
II- THE SANDIGANBAYAN(Art 10. Sec 4)
C. PROCEDURE xx The present anti-graft court x x
- Only the HR can INITIATE an impeachment case - OJ over civil and criminal cases involving GAP
by a vote of at least 1/3 of its members. and such other offenses committed by public o/e*,
- SENATE has the sole power to TRY AND including those in the GOCCs**, in relation to
DECIDE such case, which can convict only by a their office as may be determined by law***.
vote of at least 2/3. - Same rank as the CA. 1 presiding judge- 14 assoc.
Sec 3 (2). x x A verified complaint for impeachment Sits in 5 divisions/ 3 justices each.
may be filed by (1)ANY MEMBER of HR or (2) any - *Public O/E, whether permanent, acting or interim
citizen upon a reso or endorsement by any member capacity, w/ salary grade 27.
(HR), and referred to the proper committee (C.of - **GOCCs, WON they have original charters.
Justice) w/in 3 session days thereafter. The committee, - ***where the penalty prescribed by law is higher
after hearing, and by a majority vote of all its members, than PC (6 yrs/ fine of 6K)
shall submit its report to the House w/in 60 days from ALL *,**,*** must concur together!!!
such referral, together w/ the corresponding reso - Under RA 3019, Sandiganbayan shall place public
(3)A vote of at least 1/3 of all members of the house shall officers under suspension pendete lite for not more
be necessary either to affirm a favorable reso or than 90 days. Although this suspension is
override its contrary reso. mandatory, it requires a prior hearing to determine
(4)In case the verified complaint/ reso is filed by (3) 1/3 the validity of the information.
of all members of the HR, the same shall constitute the This suspension is a mere preventive measure.
Articles of Impeachment, and trial by senate shall Unless the accused is suspended, he may
proceed. frustrate his prosecution or commit further acts
(5)One impeachment pro/ year. of malfeasance or do both.
(6) The senate shall have the sole power to try and - Appellate jurisdiction over final judgments, reso,
decide all cases of impeachment. IF Pres: CJ of SC, but orders of RTCs whether in the exercise of their
shall not vote. No person shall be convicted w/o the original or appellate J.
concurrence of 2/3 of all mem of SENATE. - Decisions appealable to the SC via petition for
(7) Judgment in cases of impeachment: shall not extend review on certiorari raising purely Q of law (45)
further than removal from office and disqualification - A private complainant in a crim case before the
from to hold any office under RP, but the party sandiganbayan is allowed to appeal only the civil
aspect of the case after its dismissal by said court.
dismissal. It is also w/in their discretion to
THE OMBUDSMAN determine whether PI should be conducted.
- Constitutional office and therefore may not be GR: SC will not interfere with the Ombudsmans
abolished nor its composition be changed by exercise of his investigatory and prosecutor power
ORDINARY LEGISLATION. EXCEPT: GAD.
- Appointment of the Ombudsman and its deputies Mandamus? YES.
are not subject to the confirmation of COA. While the Ombudsman has full discretion to
- Same rank and compensation ConCOm. determine WON a crim case should be filed in the
- Enjoys fiscal autonomy and the power to appoint its Sandiganbayan, however, ONCE THE CASE has
own o/e in accordance w/ CSC law. been filed with said court, it is the Sandiganbayan,
- May be removed only through impeachment. and no longer the Ombudsman, which has full
A. COMPOSITION control of the case.
- Ombudsman- Tanodbayan The remedy of aggrieved parties from reso of
- One over-all Deputy the Ombudsmans finding probable cause in
- At least 1 deputy for LuzViMinda criminal cases or non- admin cases, when
- A separate deputy for the military tainted with GAD, is to file an original action
establishment may likewise be appointed. for certiorari under Rule 65 with the SC.
B. APPOINTMENT Has direct disciplinary authority over elected and
- Appointed by the PRES from a list of at least 6 appointed officials of the govt except those who
nominees prepared by JBC, and from a list of 3 can only be removed through Impeachment/ Mem
nominees every vacany thereafter. of congress and the judiciary.
C. TERM - Not merely advisory but actually
- Fixed at 7 years w/o reappointment, and is NOT mandatory w/in the bounds of law.
STAGGERED. Has the power to impose the penalty of
- Prohibited to run for elective position removal, suspension, demotion, fine or censure
immediately following their cessation from of a public o/e (ADMINISTRATIVE
Office. SANCTIONS)
D. POWERS and FUNCTIONS The prescriptive period of one year does not refer
to the prescription of the offense but to the
Sec 12. xx act promptly on complainants filed in any discretion of the ombudsman on whether it would
form or manner against public o/e of the govt, or any investigate a particular administrative complaint.
subd including GOCCs, and shall, in appropriate case, Under RA 6770, the Ombudsman or his deputy
notify the complainants of the action taken and result may preventively suspend any o/e under his
thereof authority pending an investigation if in his
The Ombudsman may delegate the fact-finding judgment: (without pay: 6 mos)
aspect of this function to the NBI. a. Evidence of guilt is strong
Ombudsman exercises both criminal and b. The charge involves dishonesty, oppression,
administrative jurisdiction. grave misconduct or neglect of duty
Exercises primary jurisdiction to investigate c. Charge would warrant removal from the service
act/omission of public o/e of a public officer in d. Respondents continued stay may prejudice the
CRIM CASES cognizable by the Sandiganbayan case filed against him.
and concurrent juris w/ other investigative Preventive suspension, although immediately
agencies of the govt w/ respect to criminal cases executory, may be subject to MR.
involving public o/e cognizable with the regular Appeal in ADMIN CASES Court of Appeals,
courts. Rule 43. Such an appeal may be MADE IF THE
It can conduct PI and prosecute criminal and PENALTY IS MORE THAN 1 MONTH. Said
administrative cases involving not only public penalty shall however be immediately executory
o/e who fall w/in the juris of Sandiganbayan but even pending appeal in the CA. It may not be
also those subject to the jurisdiction of regular stayed by the filing of an appeal or the issuance of
courts as well, even if lower than salary grade an injunctive writ.
27. (Uy v. Sandiganbayan 2001) If penalty is less than 1 mo Final and
It need not conduct PI if it finds the complaint unappealable. However, it would still be subject to
devoid of merit and instead recommends its outright the test of arbitrariness or GAD through a petition
for certiorari under Rule 65 w/c may be filed before LOANS limited to business purposes and does
the CA. not include personal purposes.
Doctrine of Res Judicata does not apply to
Sec. 16. No loan/ guaranty or other form of financial
decisions of the Ombudsman. The doctrine applies
accommodation for any business purpose may be
only to judicial and QJ proceedings, NOT TO THE
granted, directly/indirectly to the PRES,VP,
EXERCISE OF ADMIN POWERS.
CABINET, CONGRESS, ConCom, Ombudsman, or
to any firm or entity in w/c they have controlling
E. DEPUTY OMBUDSMAN and PERSONNEL of
interest, during their tenure
the office of the ombudsman.
Sec 10. The o/e of the office of the ombudsman
OTHER THAN THE DEPUTIES (Appointed by the ASSETS AND LIABILITIES (SEC 17)
Pres), shall be appointed by the Ombudsman accdg to - ALL PUBLIC OFFICIALS AND
the CSC Law. EMPLOYEES.
WHEN: Upon assumption of office and as often as may
- Not impeachable although the grounds for their
be required by law.
removal are the same as the grounds for
impeachment. - In order to suppress any questionable
- Power of the pres to remove deputy accumulation of wealth. Any public o/e who has
ombudsman- justified by the Pres power to acquired money or property manifestly
appoint: necessarily carries with it the power to disproportionate to his salary or his other lawful
remove. income shall be prima facie presumed to have
- Consistent with the doctrine of primary illegally acquired it(Ombudsman v. Rancho
jurisdiction, when the Pres takes congnizance 2011)
of an admin case against a Deputy - Basis of monitoring the income and lifestyle of
Ombudsman, the latter would be precluded public o/e to promote transparency in govt.
from taking cognizance over the same.
(Concurrence of jurisdiction) CHANGE OF CITIZENSHIP
- ipso facto lose his title to the office held by him
F. THE SPECIAL PROSECUTOR here in the PH. At any rate, the phrase shall be
- OLD TANODBAYAN. Limited to and dealt with by law leaves the final say on this matter
charged with the prosecution of graft and to the legislature, which could enact the needed law.
corrupt cases. - Allegiance necessarily springs from, or is the
- Allowed to retain such powers as had not been essence of citizenship, as a requirement for public
transferred to the Ombudsman. office, such that when the indi voluntarily retains or
maintains his ties w/ a foreign country, he cannot
G. ILL-GOTTEN WEALTH claim sole allegiance to the RP and would therefore
- Ferret out and recover unlawfully acquired be disqualified.
properties, which are supposed to be forfeited
to the State. DUAL CITIZENSHIP v. DUAL ALLEGIANCE

Sec 15. The right of the state x x shall not be barred by Art 4- CITIZENSHIP
prescription, laches or estoppel x x - The concern was NOT DC per se but with
naturalized citizens who maintain allegiance to
- This provision applies only to CIVIL CASES for their countries of origin even after
the recovery of ill-gotten wealth, and not to naturalization.
criminal cases (ex. RA 3019 involving graft and - RA 7160 refers to DUAL ALLEGIANCE
corrupt). MAY BE BARRED BY - A person simultaneously owes, by some
PRESCRIPTION. (15 years) POSITIVE ACT, LOYALTY to 2 or more
If commission of the crime is known, PP shall states.
commence on the day it was committed. PP shall be Persons with DUAL CITIZENSHIP Their
interrupted when the proceedings condition is an unavoidable consequence of
- Running of PP will be interrupted filing of conflicting laws of different states.
complaint. - Person is considered as national of both
- Run again dismissed for reasons not states.
constituting DJ.
(Direct legislative action). Avoid unnecessary
expenditure of public funds and time.
AMENDMENTS AND REVISIONS 2. Constitutional convention- Vote of 2/3 of all
A law that has ceased to grow has ceased to be, and
members of Congress, or by a MAJORITY* vote,
this is true especially for the supreme and fundamental
submit to the electorate the question of calling such
law
a convention. (*If they cannot make up their mind)
Changed in the constitution may be effected by a
mere modification in its interpretation by the courts. SUGGESTED IF: Total overhaul of the Consti.
However, there are some provisions which are
ConCon- as long as it exists and confines itself w/in the
called iron rules which are not malleable to
sphere of its jurisdiction, it must be considered
judicial interpretation. Ex. Age qualifications-
INDEPENDENT and CO-EQUAL with the other depts
composition of COA.
of the govt. (FRANTZ v. AUTRY)
A. KINDS OF CONSTITUTION Nevertheless, the choice of the method of proposal
a. Written- embodied in 1 doc/set of documents lies in the exclusive discretion of the Congress.
b. Unwritten- X integrated into a single,
concrete form.
c. Conventional-an enacted consti, formally 3. (PROPOSE AMENDMENTS ONLY and not
struck off at a definite time and place ff. a revisions)People though initiative upon a petition
conscious effort taken by a constituent body. of at least 12% of the total number of registered
d. Cumulative- Result of a political evolution voters, of w/c every legislative district must be
not inaugurated at any specific time but represented by at least 3% of the registered voters
changing by accretion rather than by any therein. No amendment under this section (thru
systematic method. initiative) shall be authorized w/in 5 yrs following
e. Rigid- Can be amended only by formal and the ratification of this Consti nor oftener than once
usually difficult process. every 5 years thereafter.
f. Flexible- Changed by ordinary legislation Essential elements. The entire proposal on its face is a
PHIL CON Written. Conventional. Rigid petition by the people.

EFFECT: PERMANENCE in CHARACTER a. People must author and thus sign the entire
proposal- No agent or rep can sign on their
Positive: Capacity to resist capricious change. behalf.
Negative: Unable to adjust to the genuine need of the b. As an Initiative upon petition, the proposal
people change. must be embodied in a petition.
The Constitution may be changed either by
B. RATIFICATION
AMENDMENT or REVISION.
If under Sec 1 Shall be valid when ratified by a
Amendment isolate or piecemeal change only, MAJORITY OF THE VOTE CAST IN A
Revision revamp or rewriting of the whole PLEBISCITE which shall be held not earlier than 60
document. days nor later than 90 days after the approval of such
amendment or revision.
Lambino v. COMELEC (2006). Revision implies a
change that ALTERS A BASIC PRINCIPLE IN THE If under Sec 2 Shall be valid when ratified by a
CONSTI. Amendment on the other hand, Amendment MAJORITY OF THE VOTE CAST IN A
referes to a change that adds, reduces, or deletes PLEBISCITE which shall be held not earlier than 60
WITHOUT ALTERING THE BASIC PRINCIPLE IN days nor later than 90 days after the certification by
THE CONSTI. the COMELEC of the sufficiency of the petition.
PROCEDURE (Proposal and Ratification) Thus, it involves the people themselves in the
sovereign act of drafting or altering the
A. PROPOSAL fundamental law. In the case of a mere statute,
1. Directly by the Congress (3/4 of all its members) it suffices that it is enacted by their chosen rep
- Suggested IF: what is intended is a mere pursuant to their mandate.
amendment or change of particular provisions. 60-90 days reasonable time; intended to
answer present needs/ problems.
JUDICIAL REVIEW OF AMENDMENTS POLITICAL LAW- AGPALO
- Question of validity of the adoption of
Constitution, aside from an allocation of power is also a
amendments to the Consti is regarded as subject
social contract whereby the people have surrendered
to JR. Courts may inquire WON the prescribed
their sovereign powers to the State for the common
procedure for amendment has been observed.
good.
Sovereignty ultimate power/ absolute right to
CHAPTER 19. TRANSITORY PROVISIONS govern.
- Do not have permanent duration.
- Relate to: Right to revolution is an inherent
- In time become functus officio as the purposes of
right of the people to cast out their rulers,
the several section thereof are fulfilled.
change their polity..etc. If it succeeds, the
Sec 1,2 & 5. Deals with elections and have already existing consti is abrogated. Ex EDSA I revo.
been adverted to in Chapter 8. Purpose: Synchronize
elections for local and national officials.
Sec 3 & 4. Existing laws and Treaties.
Sec 3. All existing laws, decrees, EOs, and other
executive issuances NOT INCONSISTENT with this
consti shall remain operative until amended, repealed
or revoked.
- All laws existing at the time of the ratification
of the new consti shall remain in force unless
inconsistent with this consti or changed by the
legislature or the pres.
Sec 4. All existing treaties or IAs which HAVE NOT
BEEN RATIFIED shall not be renewed or extended w/o
the concurrence of at least 2/3 of all members of the
Senate.
- If ratified- No need for the concurrence of
Senate.

Sec 7 & 8. RESERVED EXECUTIVE POWERS


Pending the election and organization of the Congress,
the incumbent Pres shall continue to exercise
legislative powers which she would lose ONLY when
the first congress in convened.
Sec 7. Until a law is passed, the Pres may fill by
appointment from a list of nominees by the respective
sectors the seats reserved for sectoral representation.