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CONSTITUTIONAL LAW I Reviewer PDF
CONSTITUTIONAL LAW I Reviewer PDF
PART I. SUPREMACY OF THE The Electoral Commission did not act without or in
CONSTITUTION excess of its jurisdiction in taking cognizance of the
protest filed against the election of Angara
A. FUNDAMENTAL LAW AS OVERRIDING notwithstanding the previous confirmation of such
STANDARD OF VALIDITY IN CASE OF election by resolution of the National Assembly. The
Electoral Commission acted within the legitimate
REPUGNANCY
exercise of its constitutional prerogative (Art. VI, sec. 4)
MARBURY v. MADISON; 5 U.S. 137 in assuming to take cognizance of the protest. The
grant of power to the Electoral Commission to judge all
Application for writ of mandamus denied. Marbury contests relating to the election, returns and
doesn’t get the commission. The Supreme Court does qualifications of members of the National Assembly, is
not have original jurisdiction to issue writs of intended to be as complete and unimpaired as if it had
mandamus. The supreme courts shall have original remained originally in the legislature. The express
jurisdiction in all cases affecting ambassadors, other lodging of that power in the Electoral Commission is an
public ministers and consuls, and those in which a state implied denial of the exercise of that power by the
shall be a party. In all other cases, the Supreme Court National Assembly.
shall have appellate jurisdiction. An act establishing the
TANADA v. CUENCO; 103 PHIL 1051
judicial courts of the United States, to issue writ of
mandamus to public officers, appears not to be
The SC took cognizance of the case and ruled in favour
warranted by the constitution. The constitution of the
of Lorenzo and Diosdado. The term Political Question,
United States confirms and strengthens the principle
connotes what it means in ordinary parlance, namely, a
that a law repugnant against the constitution is void.
question of policy. It refers to those questions which,
WRIT OF MANDAMUS under the Constitution, are to be decided by the people
in their sovereign capacity; or in regard to which full
An order compelling the person to do a specific act. discretionary authority has been delegated to the
legislative or executive branch of the government. It is
UNITED STATES v. NIXON; 418 U.S. 683 concerned with issues dependent upon the wisdom, not
legality, of a particular measure. The Court holds that
When the ground for asserting privilege as to the Senate may not elect, as members of the Senate
subpoenaed materials sought for use in a criminal trial
Electoral Tribunal, those Senators who have not been
is based only on the generalized interest in nominated by the political parties specified in the
confidentiality, it cannot prevail over the fundamental Constitution.
demands of due process of law in the fair administration
of criminal justice. The need for confidentiality might be PART II. PHILIPPINE SOVEREIGNTY
made concerning political leaders within the country or
foreign statesmen is too obvious to call for further A. STATE DEFINED
treatment. It is necessary in the public interest to afford
Presidential confidentiality the greatest protection A community of persons more or less numerous
consistent with the fair administration of justice. The permanently occupying a definite portion of territory,
District Judge will accord to Presidential records that having a government of their own to which the great
high degree of respect. Courts should review the body of inhabitants render obedience, and enjoying
communications but no in camera material is revealed freedom from external control.
to anyone.
PART III. PREAMBLE
MATTERS IN WHICH EXECUTIVE PRIVILEGE IS
ALLOWED: We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
1. National security society, and establish a Government that shall embody
2. Military our ideals and aspirations, promote the common good,
3. Diplomatic or sensitive national issues conserve and develop our patrimony, and secure to
ourselves and our posterity, the blessings of
B. SUPREMACY OF THE CONSTITUTION
independence and democracy under the rule of law and
ENFORCED THROUGH JUDICIAL REVIEW a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
1. The Philippine Archipelago b. U.N. Convention on the Law of the Sea (April
30, 1982)
a. Treaty limits
PURPOSE OF DETERMINING THE TERRITORY OF
[i] The Treaty of Paris on December 10, 1898 THE PHILIPPINES
- Spain ceded to the U.S. “the archipelago At first, it is non-sense to determine the baselines but
known as the Philippine islands, and the history of the Philippine Constitution evinces its
comprehending the islands lying within.” importance.
ALL OTHER PARTS OF THE TERRRITORY: The title created in derogation of international law
through historical process by which one state has
1. Batanes asserted jurisdiction originally illegal, which has been
2. Those contemplated under Article 1 of the 1973 acquiesced in by the community of nations.
Constitution owned by historic right or legal title
3. P.D. No. 1596 – Kalayaan islands placing it LEGAL TITLE
under the province of Palawan.
It refers to a derivative title, such as cession by a State
CONTINENTAL SHELF of its sovereign rights over a territory.
Seabed and subsoil. It does not form part of the PART V. CITIZENSHIP
Philippines, though Philippines have sovereign rights.
A. WHO ARE CITIZENS OF THE PHILIPPINES
HIGH SEAS
MERLIN MAGALLONA ET.AL v. HON. EDUARDO [3] Those born before January 17, 1973, of Filipino
ERMITA ET.AL; G.R. No. 187167 (July 11, 2011) mothers, who elect Philippine citizenship upon reaching
the age of majority; and
The Court finds R.A. 9552 constitutional and is
consistent with the Philippines’ national interest. Aside [4] Those who are naturalized in accordance with law.
from being a vital step in safeguarding the country’s
maritime zones, the law also allows an internationally – 1. Citizens at the time of the adoption of the 1987
recognized delimitation of the breadth of the Constitution
Philippines’ maritime zones and continental shelf. The
a. Citizens under the 1935 Constitution
Court also finds that the conversion of internal waters
into archipelagic waters will not risk the Philippines as i. Philippine Bill of 1902 or Jones Law (July 01,
affirmed in the Article 49 of the UNCLOS III, an 1902)
archipelagic state has sovereign power that extends to
the waters enclosed by the archipelagic baselines, - All those that were considered citizens of the
regardless of their depth or distance from the coast. It is Philippines under the treaty of Paris were
further stated that the regime of archipelagic sealanes deemed to be citizen. Also, all those been born
passage will not affect the status of its archipelagic after April 11, 1899 to parents who were
waters or the exercise of sovereignty over waters and Spanish subjects on that date and who
air space, bed and subsoil and the resources in it. continued to reside in the Philippines were ipso
facto citizens of the Philippines unless they
4. Benham Rise declare their allegiance to the Spanish crown.
- The United Nation now recognizes the Philippine’s ii. The Caram Rule
claim and the country’s territory has increase to
43m from 30m hectares. - Under the 1935 Constitution, those born in
the Philippine of foreign parent, who before
the adoption of the Constitution had been
*International law refers to the body of rules and *If the national interest so dictates, the storing of
principles which governs the relations of nations and nuclear weapons in our territory may be permitted at
their respective peoples in their intercourse with one least on a transitory basis, considering that it was not
another. prohibited under the then existing military bases
agreement with the United States whose validity and
*The Constitution gives a treaty the same weight and term of effectivity until 1991 are implicitly recognized by
value as a statute of Congress. the Constitution.
*In case of a conflict between a treaty and a statute, the ARTICLE XVIII SECTION 25
prior act is superseded by the later one in point of time.
After the expiration in 1991 of the Agreement between
*When a treaty is superseded by a subsequent statute the Republic of the Philippines and the United States of
of Congress, the treaty is repealed or abrogated as part America concerning Military Bases, foreign military
of the law of the land but it still subsists as an bases, troops, o facilities shall not be allowed in the
engagement of the Philippines, although it may not be Philippines except under a treaty duly concurred in by
enforceable by our courts. the Senate and, when the Congress so requires, ratified
by a majority of the votes cast by the people in a
*When conflict arises between the Constitution and a
national referendum held for that purpose, and
treaty, the former prevails.
recognized as a treaty by the other contracting State.
ARTICLE II SECTION 7
3. Supremacy of Civilian Authority
The State shall pursue an independent foreign policy. In
its relations with other states the paramount ARTICLE II SECTION 3
consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self- Civilian authority is, at all times, supreme over the
determination. military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of
FOREIGN POLICY
the national territory.
Tthe basic direction underlying the conduct by a State
ARTICLE VII SECTION 18 PARAGRAPH 4
of its affairs vis-à-vis those of other States. It is a set of
guidelines followed by a government of a country in
A state of martial law does not suspend the operation of
order to promote its national interest through the the Constitution, nor supplant the functioning of the civil
conduct of its relations with other countries. courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
INDEPENDENT FOREIGN POLICY agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the
One that is not subordinate or subject to nor dependent writ.
upon the support of another government. An
independent nation rejects foreign dictation and decides
THREE (3) DISTINCT EXTRAORDINARY REMEDIES
for itself what the national interest is and how it is to be OR MEASURES WHICH THE PRESIDENT IS
promoted and protected.
EMPOWERED TO UTILIZE IN MEETING
EMERGENCY SITUATIONS:
*An independent foreign policy, however, it is not one
that completely rejects advice or assistance from
(a) To call out the armed forces to prevent or suppress
without.
lawless violence, meet the threat of invasion, or quell
rebellion
No member of the armed forces in the active service CHAVEZ v. ROMULO, G.R. No. 157036 (June 09,
shall, at any time, be appointed or designated in any 2004)
capacity to a civilian position in the Government
including government-owned or –controlled Examining the historical background of the said
corporations or any of their subsidiaries. Amendment, it shows that it pertains to the citizens’
“collective right” to take arms in defense of the State,
*(2) It is in line with the declaration that the Armed not to the citizens’ “individual right” to own and possess
Forces of the Philippines is the protector of the people arms. It is in connection with the keeping and
and the State. Its loyalty is to the people, the country maintenance of a militia or an armed citizenry.
and the Constitution.
6. Separation of Church and State
*(4) Civilian position coves any position, whether
permanent or temporary, including those in private
entities taken over under whatever arrangement by the ARTICLE II SECTION 6
government. The soldier’s job is to fight a war and not The separation of Church and State shall be inviolable.
to run a government.
*”No law shall be made respecting an establishment of
ALIH v. CASTRO, 151 SCRA 279 (June 23, 1987) religion” and that “no public money or property shall
ever be appropriated, applied, paid, or employed,
In the case the prosecutor which itself controls the directly or indirectly, for the use, benefit, or support, of
seizing officials, knows that it cannot profit by their any sect, church, denomination, sectarian institution or
wrong --- it shall remain custudia legis. Every person is system of religion.”
entitled to due process. In acting as they did, they also
defied the precept that, “civilian authority is at all times
ARTICLE III SECTION 5
supreme over the military.” According to Judge Holmes,
“The prohibition of compelling a man in a criminal court No law shall be made respecting an establishment of
to be a witness against himself is a prohibition of the religion, or prohibiting the free exercise thereof. The
use of physical or moral compulsion to extort for free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall
Act No. 4052 contemplates no religious purpose in A rule which has never been seriously questioned, is
view. What it gives the Director of Posts is the that money in the hands of public officers, although it
discretionary power to determine when the issuance of may be due government employees, is not liable to the
special postage stamps would be "advantageous to the creditors of these employees in the process of
Government." Of course, the phrase "advantageous to garnishment. Another reason is that moneys sought to
the Government" does not authorize the violation of the be garnished, as long as they remain in the hands of
Constitution. The stamps were not issue and sold for the disbursing officer of the Government, belong to the
the benefit of the Roman Catholic Church. Nor were latter, although the defendant in garnishment may be
money derived from the sale of the stamps given to that entitled to a specific portion thereof. And still another
church. There has been no constitutional infraction in reason which covers both of the foregoing is that every
the case at bar, Act No. 4052 grants the Director of consideration of public policy forbids it.
Posts.
ii. Foreign Government & Foreign Corporations and
their Operations
After the expiration in 1991 of the Agreement between a. The promotion of social justice
the Republic of the Philippines and the United States of
America concerning military bases, foreign military ARTICLE II SECTION 10
bases, troops, or facilities shall not be allowed in the
The State shall promote social justice in all phases of
Philippines except under a treaty duly concurred in by
national development.
the Senate and, when the Congress so requires, ratified
by a majority of the votes cast by the people in a ARTICLE XIII SECTION 1
national referendum held for that purpose, and
recognized as a treaty by the other contracting State. The Congress shall give highest priority to the
enactment of measures that protect and enhance the
LIM v. EXEC. SEC., G.R. No. 151445 (April 11, 2002) right of all the people to human dignity, reduce social,
To resolve this, it is necessary to refer to the VFA itself. economic, and political inequalities, and remove cultural
The VFA permits United States personnel to engage, inequities by equitably diffusing wealth and political
on an impermanent basis, in “activities,” the exact power for the common good.
meaning of which was left undefined. The sole
To this end, the State shall regulate the acquisition,
encumbrance placed on its definition is couched in the
ownership, use, and disposition of property and its
negative, in that United States personnel must “abstain
increments.
from any activity inconsistent with the spirit of this
agreement, and in particular, from any political activity. ARTICLE XIII SECTION 2
The Vienna Convention on the Law of Treaties, Articles The promotion of social justice shall include the
31 and 32 clearly provides that the cardinal rule of commitment to create economic opportunities based on
interpretation must involve an examination of the text, freedom of initiative and self-reliance.
which is presumed to verbalize the parties’ intentions.
The Convention likewise dictates what may be used as ARTICLE XIII SECTION 13, PARAGRAPH 2
aids to deduce the meaning of terms, which it refers to
as the context of the treaty, as well as other elements The spouse and relatives by consanguinity or affinity
may be taken into account alongside the aforesaid within the fourth civil degree of the President shall not,
context. during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the
It appeared farfetched that the ambiguity surrounding Ombudsman, or as Secretaries, Undersecretaries,
the meaning of the word “activities” arose from chairmen or heads of bureaus or offices, including
accident. As conceived, the joint exercises may include government-owned or controlled corporations and their
training on new techniques of patrol and surveillance to subsidiaries.
protect the nation’s marine resources, sea search-and-
rescue operations to assist vessels in distress, disaster CALALANG v. WILLIAMS, 70 Phil 726 (December
relief operations, civic action projects such as the 02, 1940)
building of school houses, medical and humanitarian
missions, and the like. The promulgation of the Act aims to promote safe
transit upon and avoid obstructions on national roads in
Under these auspices, the VFA gives legitimacy to the the interest and convenience of the public. Liberty is a
current Balikatan exercises. It is only logical to assume blessing which should not be made to prevail over
that “Balikatan 02-1,” a “mutual anti-terrorism advising, authority because society will fall into anarchy. Social
assisting and training exercise,” falls under the umbrella justice is “neither communism, nor despotism, nor
of sanctioned or allowable activities in the context of the atomism, nor anarchy,” but the humanization of laws
agreement. and the equalization of social and economic forces by
the State so that justice in its rational and objectively
2. A just and dynamic social order secular conception may at least be approximated.
Social justice means the promotion of the welfare of all
ARTICLE II SECTION 9 the people, the adoption by the Government of
measures calculated to insure economic stability of all
The State shall promote a just and dynamic social order
the competent elements of society, through the
that will ensure the prosperity and independence of the
maintenance of a proper economic and social
nation and free the people from poverty through policies
equilibrium in the interrelations of the members of the
that provide adequate social services, promote full
community, constitutionally, through the adoption of
employment, a rising standard of living, and an
measures legally justifiable, or extra-constitutionally,
improved quality of life for all.
through the exercise of powers underlying the existence
of all governments on the time-honored principles of
salus populi est suprema lex.
The State shall give priority to education, science and The State shall, by law, and for the common good,
technology, arts, culture, and sports to foster patriotism undertake, in cooperation with the private sector, a
and nationalism, accelerate social progress, and continuing program of urban land reform and housing
promote total human liberation and development. which will make available at affordable cost, decent
housing and basic services to under-privileged and
ARTICLE XIV SECTION 2.
homeless citizens in urban centers and resettlement
The State shall: areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of
(1) Establish, maintain, and support a complete, such program the State shall respect the rights of small
adequate, and integrated system of education relevant property owners.
to the needs of the people and society;
ARTICLE XIII SECTION 10
(2) Establish and maintain, a system of free public
education in the elementary and high school levels. Urban or rural poor dwellers shall not be evicted nor
Without limiting the natural rights of parents to rear their their dwelling demolished, except in accordance with
children, elementary education is compulsory for all law and in a just and humane manner.
children of school age;
No resettlement of urban or rural dwellers shall be
(3) Establish and maintain a system of scholarship undertaken without adequate consultation with them
grants, student loan programs, subsidies, and other and the communities where they are to be relocated.
incentives which shall be available to deserving
students in both public and private schools, especially g. Reform in agriculture and other natural
to the under-privileged; resources
(5) Provide adult citizens, the disabled, and out-of- ARTICLE XIII SECTION 4
school youth with training in civics, vocational
The State shall, by law, undertake an agrarian reform
efficiency, and other skills.
program founded on the right of farmers and regular
ARTICLE XIV SECTION 5 farmworkers who are landless, to own directly or
collectively the lands they till or, in the case of other
(1) the State shall take into account regional and farmworkers, to receive a just share of the fruits thereof.
sectoral needs and conditions and shall encourage To this end, the State shall encourage and undertake
local planning in the development of educational the just distribution of all agricultural lands, subject to
policies and programs. such priorities and reasonable retention limits as the
Congress may prescribe, taking into account ecological,
(2) Academic freedom shall be enjoyed in all institutions developmental, or equity considerations, and subject to
of higher learning. the payment of just compensation. In determining
retention limits, the State shall respect the right of small
(3) Every citizen has a right to select a profession or
landowners. The State shall further provide incentives
course of study, subject to fair, reasonable, and
for voluntary land-sharing.
equitable admission and academic requirements.
ARTICLE XIII SECTION 5 The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote
The State shall recognize the right of farmers, their welfare.
farmworkers, and landowners, as well as cooperatives,
and other independent farmers' organizations to ARTICLE XIII SECTION 3
participate in the planning, organization, and
The State shall afford full protection to labor, local and
management of the program, and shall provide support
overseas, organized and unorganized, and promote
to agriculture through appropriate technology and
full employment and equality of employment
research, and adequate financial, production,
opportunities for all.
marketing, and other support services.
It shall guarantee the rights of all workers to self-
ARTICLE XIII SECTION 6
organization, collective bargaining and negotiations,
The State shall apply the principles of agrarian reform and peaceful concerted activities, including the right to
or stewardship, whenever applicable in accordance with strike in accordance with law. They shall be entitled to
law, in the disposition or utilization of other natural security of tenure, humane conditions of work, and a
resources, including lands of the public domain under living wage. They shall also participate in policy and
lease or concession suitable to agriculture, subject to decision-making processes affecting their rights and
prior rights, homestead rights of small settlers, and the benefits as may be provided by law.
rights of indigenous communities to their ancestral
The State shall promote the principle of shared
lands.
responsibility between workers and employers and the
The State may resettle landless farmers and preferential use of voluntary modes in settling disputes,
farmworkers in its own agricultural estates which shall including conciliation, and shall enforce their mutual
be distributed to them in the manner provided by law. compliance therewith to foster industrial peace.
ARTICLE XIII SECTION 7 The State shall regulate the relations between workers
and employers, recognizing the right of labor to its just
The State shall protect the rights of subsistence share in the fruits of production and the right of
fishermen, especially of local communities, to the enterprises to reasonable returns to investments, and to
preferential use of the communal marine and fishing expansion and growth.
resources, both inland and offshore. It shall provide
support to such fishermen through appropriate THE RIGHT OF GOVERNMENT WORKERS TO
technology and research, adequate financial, FORM UNIONS
production, and marketing assistance, and other
services. The State shall also protect, develop, and
ARTICLE III SECTION 8
conserve such resources. The protection shall extend
to offshore fishing grounds of subsistence fishermen The right of the people, including those employed in the
against foreign intrusion. Fishworkers shall receive a public and private sectors, to form unions, associations,
just share from their labor in the utilization of marine or societies for purposes not contrary to law shall not be
and fishing resources. abridged.
The State shall provide incentives to landowners to The right to self-organization shall not be denied to
invest the proceeds of the agrarian reform program to government employees.
promote industrialization, employment creation, and
privatization of public sector enterprises. Financial SSS EMPLOY. ASSN. v. CA, 175 SCRA 686 (1989)
instruments used as payment for their lands shall be
honored as equity in enterprises of their choice. The Constitutional provisions enshrined on Human
Rights and Social Justice provides guarantee among
h. Protection of Labor workers with the right to organize and conduct peaceful
concerted activities such as strikes. On one hand,
Section 14 of E.O No. 180 provides that “the Civil
Service Law and Rules governing
concerted activities and strikes in the government
service shall be observed, subject to any legislation
that may be enacted by Congress” referring to
ARTICLE II SECTION 18 Memorandum Circular No. 6, s. 1987 of the
Civil Service Commission which states that “prior to the
enactment by Congress of applicable laws concerning
Notes By: Marren E. Juangco 15
2014 CONSTITUTIONAL LAW I (REVIEWER)
strike by government employees enjoins under pain of Marriage, as an inviolable social institution, is the
administrative sanctions, all government officers and foundation of the family and shall be protected by the
employees from staging strikes, demonstrations, mass State.
leaves, walk-outs and other forms of mass action which
will result in temporary stoppage or disruption of public ARTICLE XV SECTION 3
service.” Therefore in the absence of any legislation
The State shall defend:
allowing govt. employees to strike they are prohibited
from doing so. (1) The right of spouses to found a family in accordance
with their religious convictions and the demands of
i. Independent people’s organization
responsible parenthood;
ARTICLE II SECTION 23 (2) The right of children to assistance, including proper
care and nutrition, and special protection from all forms
The State shall encourage non-governmental,
of neglect, abuse, cruelty, exploitation and other
community-based, or sectoral organizations that
conditions prejudicial to their development;
promote the welfare of the nation.
(3) The right of the family to a family living wage and
ARTICLE XIII SECTION 15
income; and
The State shall respect the role of independent people's
(4) The right of families or family associations to
organizations to enable the people to pursue and
participate in the planning and implementation of
protect, within the democratic framework, their
policies and programs that affect them.
legitimate and collective interests and aspirations
through peaceful and lawful means. ARTICLE XV SECTION 4
People's organizations are bona fide associations of The family has the duty to care for its elderly members
citizens with demonstrated capacity to promote the but the State may also do so through just programs of
public interest and with identifiable leadership, social security.
membership, and structure.
ARTICLE II SECTION 13
ARTICLE XIII SECTION 16
The State recognizes the vital role of the youth in
The right of the people and their organizations to nation-building and shall promote and protect their
effective and reasonable participation at all levels of physical, moral, spiritual, intellectual, and social well-
social, political, and economic decision-making shall not being. It shall inculcate in the youth patriotism and
be abridged. The State shall, by law, facilitate the nationalism, and encourage their involvement in public
establishment of adequate consultation mechanisms. and civic affairs.
The State recognizes the sanctity of family life and shall IMBONG & IMBONG ET.AL v. OCHOA, ET.AL. G.R.
protect and strengthen the family as a basic No. 204819 April 8, 2014
autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from In its plain and ordinary meaning (a canon in statutory
conception. The natural and primary right and duty of construction), the traditional meaning of “conception”
parents in the rearing of the youth for civic efficiency according to reputable dictionaries cited by
and the development of moral character shall receive the ponente is that life begins at fertilization. Medical
the support of the Government. sources also support the view that conception begins at
fertilization.
ARTICLE XV SECTION 1
4. A self-reliant and independent ECONOMIC order
The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen ARTICLE II SECTION 19
its solidarity and actively promote its total development.
The State shall develop a self-reliant and independent
ARTICLE XV SECTION 2 national economy effectively controlled by Filipinos.
ARTICLE II SECTION 20
The State recognizes the indispensable role of the (2) The advertising industry is impressed with public
private sector, encourages private enterprise, and interest, and shall be regulated by law for the protection
provides incentives to needed investments. of consumers and the promotion of the general welfare.
The State shall recognize, respect, and protect the ARTICLE XI, SECTION 6
rights of indigenous cultural communities to preserve
and develop their cultures, traditions, and institutions. It The officials and employees of the Office of the
shall consider these rights in the formulation of national Ombudsman, other than the Deputies, shall be
plans and policies. appointed by the Ombudsman, according to the Civil
Service Law.
ARTICLE XVI SECTION 12
ARTICLE XI, SECTION 7
The Congress may create a consultative body to advise
the President on policies affecting indigenous cultural The existing Tanodbayan shall hereafter be known as
communities, the majority of the members of which the Office of the Special Prosecutor. It shall continue to
shall come from such communities. function and exercise its powers as now or hereafter
may be provided by law, except those conferred on the
8. Equal Access of Opportunities for Public Service Office of the Ombudsman created under this
Constitution
ARTICLE II SECTION 26
ARTICLE XI, SECTION 8
The State shall guarantee equal access to opportunities
The Ombudsman and his Deputies shall be natural-
for public service and prohibit political dynasties as may
born citizens of the Philippines, and at the time of their
be defined by law.
appointment, at least forty years old, of recognized
probity and independence, and members of the
PAMATONG v. COMELEC; G.R. No. 161872 (April
Philippine Bar, and must not have been candidates for
13, 2004)
any elective office in the immediately preceding
The rationale behind the prohibition against nuisance election. The Ombudsman must have, for ten years or
candidates and the disqualification of candidates who more, been a judge or engaged in the practice of law in
have not evinced a bona fide intention to run for office the Philippines.
is easy to divine. The State has a compelling interest to
During their tenure, they shall be subject to the same
ensure that its electoral exercises are rational,
disqualifications and prohibitions as provided for in
objective, and orderly. Towards this end, the State
Section 2 of Article 1X-A of this Constitution.
takes into account the practical considerations in
conducting elections. Inevitably, the greater the number ARTICLE XI, SECTION 9
of candidates, the greater the opportunities for logistical
confusion, not to mention the increased allocation of The Ombudsman and his Deputies shall be appointed
time and resources in preparation for the election. by the President from a list of at least six nominees
prepared by the Judicial and Bar Council, and from a
9. Honest Public Service and Full Public Disclosure list of three nominees for every vacancy thereafter.
Such appointments shall require no confirmation. All
vacancies shall be filled within three months after they
occur.
ARTICLE II, SECTION 27
ARTICLE XI, SECTION 10 (6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
The Ombudsman and his Deputies shall have the rank
of Chairman and Members, respectively, of the (7) Determine the causes of inefficiency, red tape,
Constitutional Commissions, and they shall receive the mismanagement, fraud, and corruption in the
same salary which shall not be decreased during their Government and make recommendations for their
term of office. elimination and the observance of high standards of
ethics and efficiency.
ARTICLE XI, SECTION 11
(8) Promulgate its rules of procedure and exercise such
The Ombudsman and his Deputies shall serve for a other powers or perform such functions or duties as
term of seven years without reappointment. They shall may be provided by law.
not be qualified to run for any office in the election
immediately succeeding their cessation from office. ARTICLE XI, SECTION 14
ARTICLE XI, SECTION 12 The Office of the Ombudsman shall enjoy fiscal
autonomy. Its approved annual appropriations shall be
The Ombudsman and his Deputies, as protectors of the automatically and regularly released.
people, shall act promptly on complaints filed in any
form or manner against public officials or employees of ARTICLE XI, SECTION 15
the Government, or any subdivision, agency or
The right of the State to recover properties unlawfully
instrumentality thereof, including government-owned or
acquired by public officials or employees, from them or
controlled corporations, and shall, in appropriate cases,
from their nominees or transferees, shall not be barred
notify the complainants of the action taken and the
by prescription, laches, or estoppel.
result thereof.
ARTICLE II, SECTION 28
ARTICLE XI, SECTION 13
Subject to reasonable conditions prescribed by law, the
The Office of the Ombudsman shall have the following
State adopts and implements a policy of full public
powers, functions, and duties:
disclosure of all its transactions involving public interest.
(1) Investigate on its own, or on complaint by any
ARTICLE XI, SECTION 17
person, any act or omission of any public official,
employee, office or agency, when such act or omission A public officer or employee shall, upon assumption of
appears to be illegal, unjust, improper, or inefficient. office and as often thereafter as may be required by
law, submit a declaration under oath of his assets,
(2) Direct, upon complaint or at its own instance, any
liabilities, and net worth. In the case of the President,
public official or employee of the Government, or any
the Vice-President, the Members of the Cabinet, the
subdivision, agency or instrumentality thereof, as well
Congress, the Supreme Court, the Constitutional
as of any government-owned or controlled corporation
Commissions and other constitutional offices, and
with original charter, to perform and expedite any act or
officers of the armed forces with general or flag rank,
duty required by law, or to stop, prevent, and correct
the declaration shall be disclosed to the public in the
any abuse or impropriety in the performance of duties.
manner provided by law.
(3) Direct the officer concerned to take appropriate
ARTICLE VII, SECTION 12
action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine, In case of serious illness of the President, the public
censure, or prosecution, and ensure compliance shall be informed of the state of his health. The
therewith. members of the Cabinet in charge of national security
and foreign relations and the Chief of Staff of the Armed
(4) Direct the officer concerned, in any appropriate
Forces of the Philippines, shall not be denied access to
case, and subject to such limitations as may be
the President during such illness.
provided by law, to furnish it with copies of documents
relating to contracts or transactions entered into by his
office involving the disbursement or use of public funds
or properties, and report any irregularity to the
Commission on Audit for appropriate action.
ARTICLE VII, SECTION 20
(5) Request any government agency for assistance and
information necessary in the discharge of its The President may contract or guarantee foreign loans
responsibilities, and to examine, if necessary, pertinent on behalf of the Republic of the Philippines with the
records and documents. prior concurrence of the Monetary Board, and subject to
The Constitution provides that no law shall be passed Neither the Philippine Legislature nor a branch thereof
authorizing any transfer of appropriations, however, the can be directly controlled in the exercise of their
President, the Prime Minister, the Speaker, the Chief legislative powers by any judicial process. The Court
Justice of the Supreme Court, and the heads of accordingly lacks jurisdiction to consider the petition
constitutional commissions may by law be authorized to and the demurrer must be sustained.
augment any item in the general appropriations law for
their respective offices from savings in other items of ARTICLE VIII, SECTION 1
their respective appropriations.
The judicial power shall be vested in one Supreme
However, paragraph 1 of Section 44 of PD 1177 unduly Court and in such lower courts as may be established
overextends the privilege granted under the by law.
Constitution. It empowers the President to
indiscriminately transfer funds from one department, Judicial power includes the duty of the courts of justice
bureau, office or agency of the Executive Department to to settle actual controversies involving rights which are
any program, project or activity of any department, legally demandable and enforceable, and to determine
bureau or office included in the General Appropriations whether or not there has been a grave abuse of
Act or approved after its enactment, without regard as discretion amounting to lack or excess of jurisdiction on
to whether or not the funds to be transferred are the part of any branch or instrumentality of the
actually savings in the item from which the same are to Government.
be taken, or whether or not the transfer is for the
purpose of augmenting the item to which said transfer *The second paragraph of the provision limits the issue
is to be made. It does not only completely disregard the regarding political question. It evinces that political
standards set in the fundamental law, thereby question is limited only to wisdom.
amounting to an undue delegation of legislative powers,
but likewise goes beyond the tenor thereof. Indeed, ARTICLE VII, SECTION 18
such constitutional infirmities render the provision in
The President shall be the Commander-in-Chief of all
question null and void.
armed forces of the Philippines and whenever it
C. JUSTICIABLE AND POLITICAL becomes necessary, he may call out such armed forces
to prevent or suppress lawless violence, invasion or
QUESTIONS
rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not
JUSTICIABLE QUESTION
exceeding sixty days, suspend the privilege of the writ
A question of legality of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from
POLITICAL QUESTION the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President
It is pertaining to the wisdom wherein the Judiciary has shall submit a report in person or in writing to the
no power to intervene. Congress. The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or special
*To determine if the Court has jurisdiction over the
session, may revoke such proclamation or suspension,
case, it is important to examine the nature of the issue.
which revocation shall not be set aside by the
ARNAULT v. BALAGTAS; 97 PHIL 358 (1955) President. Upon the initiative of the President, the
Congress may, in the same manner, extend such
This Court has no right or power or authority to do, proclamation or suspension for a period to be
much in the same manner that the legislative determined by the Congress, if the invasion or rebellion
department may not invade the judicial realm in the shall persist and public safety requires it.
ascertainment of truth and in the application and
interpretation of the law, in what is known as the judicial The Congress, if not in session, shall, within twenty-four
process, because that would be in direct conflict with hours following such proclamation or suspension,
the fundamental principle of separation of powers convene in accordance with its rules without need of a
established by the Constitution. The only instances call.
when judicial intervention may lawfully be invoke are
The Supreme Court may review, in an appropriate
when there has been a violation of a constitutional
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
Notes By: Marren E. Juangco 21
2014 CONSTITUTIONAL LAW I (REVIEWER)
suspension of the privilege of the writ of habeas a. They see Senate as the training ground for
corpus or the extension thereof, and must promulgate Presidency
its decision thereon within thirty days from its filing.
b. To attain balance
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil B. HOUSE OF REPRESENTATIVES
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and ARTICLE VI, SECTION 5
agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the (1) The House of Representatives shall be composed of
writ of habeas corpus. not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from
The suspension of the privilege of the writ of habeas legislative districts apportioned among the provinces,
corpus shall apply only to persons judicially charged for cities, and the Metropolitan Manila area in accordance
rebellion or offenses inherent in, or directly connected with the number of their respective inhabitants, and on
with, invasion. the basis of a uniform and progressive ratio, and those
who, as provided by law, shall be elected through a
During the suspension of the privilege of the writ party-list system of registered national, regional, and
of habeas corpus, any person thus arrested or detained sectoral parties or organizations.
shall be judicially charged within three days, otherwise
he shall be released. (2) The party-list representatives shall constitute
twenty per centum of the total number of
PART VIII. THE STRUCTURE AND POWERS representatives including those under the party list. For
OF THE NATIONAL GOVERNMENT three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
A. CONGRESS representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban
1. Composition, Qualifications and Term of Office poor, indigenous cultural communities, women, youth,
and such other sectors as may be provided by law,
a. Senate except the religious sector.
ARTICLE VI, SECTION 2 (3) Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
The Senate shall be composed of twenty-four Senators territory. Each city with a population of at least two
who shall be elected at large by the qualified voters of hundred fifty thousand, or each province, shall have at
the Philippines, as may be provided by law. least one representative.
ARTICLE VI, SECTION 3 (4) Within three years following the return of every
census, the Congress shall make a reapportionment of
No person shall be a Senator unless he is a natural- legislative districts based on the standards provided in
born citizen of the Philippines and, on the day of the this section.
election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the *Even if the party – list already acquired a guaranteed
Philippines for not less than two years immediately seat, they are still capable of acquiring the additional
preceding the day of the election. seats. There are three additional seats per party – list.
ARTICLE VI, SECTION 4 *PARAGRAPH 3 “WITH A POPULATION OF AT
LEAST TWO HUNDRED FIFTY THOUSAND”
The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at It is the population that counts, not the no. of registered
noon on the thirtieth day of June next following their voter
election. No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of the office *Party – list may be elected in a regular election.
for any length of time shall not be considered as an
interruption in the continuity of his service for the full *It is the party – list nominee who is prohibited from
term of which he was elected. running after three consecutive terms, not the party –
list itself.
WHY SENATORS SHOULD BE ELECTED-AT-
LARGE?
The Members of the House of Representatives shall be It is a national party when its constituency is spread
elected for a term of three years which shall begin, over the geographical territory of at least a majority of
unless otherwise provided by law, at noon on the the regions. It is a regional party when its constituency
thirtieth day of June next following their election. No is spread over the geographical territory of at least a
Member of the House of Representatives shall serve for majority of the cities and provinces comprising the
region.
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not
(d) A sectoral party refers to an organized group of
be considered as an interruption in the continuity of his
citizens belonging to any of the sectors enumerated in
service for the full term for which he was elected. Section 5 hereof whose principal advocacy pertains to
the special interest and concerns of their sector,
ARTICLE VI, SECTION 8
(e) A sectoral organization refers to a group of citizens
Unless otherwise provided by law, the regular election
or a coalition of groups of citizens who share similar
of the Senators and the Members of the House of physical attributes or characteristics, employment,
Representatives shall be held on the second Monday of interests or concerns.
May.
(f) A coalition refers to an aggrupation of duly registered
REPUBLIC ACT NO. 7941 or THE PARTY-LIST national, regional, sectoral parties or organizations for
SYSTEM ACT political and/or election purposes.
Section 1. Title. This Act shall be known as the "Party- Section 4. Manifestation to Participate in the Party-List
List System Act." System. Any party, organization, or coalition already
registered with the Commission need not register anew.
Section 2. Declaration of party. The State shall However, such party, organization, or coalition shall file
promote proportional representation in the election of with the Commission, not later than ninety (90) days
representatives to the House of Representatives before the election, a manifestation of its desire to
through a party-list system of registered national, participate in the party-list system.
regional and sectoral parties or organizations or
coalitions thereof, which will enable Filipino citizens Section 5. Registration. Any organized group of
belonging to marginalized and under-represented persons may register as a party, organization or
sectors, organizations and parties, and who lack well- coalition for purposes of the party-list system by filing
defined political constituencies but who could contribute with the COMELEC not later than ninety (90) days
to the formulation and enactment of appropriate before the election a petition verified by its president or
legislation that will benefit the nation as a whole, to secretary stating its desire to participate in the party-list
become members of the House of Representatives. system as a national, regional or sectoral party or
Towards this end, the State shall develop and organization or a coalition of such parties or
guarantee a full, free and open party system in order to organizations, attaching thereto its constitution, by-
attain the broadcast possible representation of party, laws, platform or program of government, list of officers,
sectoral or group interests in the House of coalition agreement and other relevant information as
Representatives by enhancing their chances to the COMELEC may require: Provided, That the sectors
compete for and win seats in the legislature, and shall shall include labor, peasant, fisherfolk, urban poor,
provide the simplest scheme possible. indigenous cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers, and
Section 3. Definition of Terms. (a) The party-list system professionals.
is a mechanism of proportional representation in the
election of representatives to the House of The COMELEC shall publish the petition in at least two
Representatives from national, regional and sectoral (2) national newspapers of general circulation.
parties or organizations or coalitions thereof registered
with the Commission on Elections (COMELEC). The COMELEC shall, after due notice and hearing,
Component parties or organizations of a coalition may resolve the petition within fifteen (15) days from the
participate independently provided the coalition of date it was submitted for decision but in no case not
which they form part does not participate in the party- later than sixty (60) days before election.
list system.
Notes By: Marren E. Juangco 23
2014 CONSTITUTIONAL LAW I (REVIEWER)
Section 6. Refusal and/or Cancellation of House of Representatives who are nominated in the
Registration. The COMELEC may, motu propio or upon party-list system shall not be considered resigned.
verified complaint of any interested party, refuse or
cancel, after due notice and hearing, the registration of Section 9. Qualifications of Party-List Nominees. No
any national, regional or sectoral party, organization or person shall be nominated as party-list representative
coalition on any of the following grounds: unless he is a natural-born citizen of the Philippines, a
registered voter, a resident of the Philippines for a
(1) It is a religious sect or denomination, organization or period of not less than one (1)year immediately
association, organized for religious purposes; preceding the day of the election, able to read and
write, a bona fide member of the party or organization
which he seeks to represent for at least ninety (90)
(2) It advocates violence or unlawful means to seek its
days preceding the day of the election, and is at least
goal;
twenty-five (25) years of age on the day of the election.
(3) It is a foreign party or organization;
In case of a nominee of the youth sector, he must at
least be twenty-five (25) but not more than thirty (30)
(4) It is receiving support from any foreign government, years of age on the day of the election. Any youth
foreign political party, foundation, organization, whether sectoral representative who attains the age of thirty (30)
directly or through any of its officers or members or during his term shall be allowed to continue in office
indirectly through third parties for partisan election until the expiration of his term.
purposes;
Section 10. Manner of Voting. Every voter shall be
(5) It violates or fails to comply with laws, rules or entitled to two (2) votes: the first is a vote for candidate
regulations relating to elections; for member of the House of Representatives in his
legislative district, and the second, a vote for the party,
(6) It declares untruthful statements in its petition; organizations, or coalition he wants represented in the
house of Representatives: Provided, That a vote cast
(7) It has ceased to exist for at least one (1) year; or for a party, sectoral organization, or coalition not
entitled to be voted for shall not be counted: Provided,
(8) It fails to participate in the last two (2) preceding finally, That the first election under the party-list system
elections or fails to obtain at least two per centum (2%) shall be held in May 1998.
of the votes cast under the party-list system in the two
(2) preceding elections for the constituency in which it The COMELEC shall undertake the necessary
has registered. information campaign for purposes of educating the
electorate on the matter of the party-list system.
Section 7. Certified List of Registered Parties. The
COMELEC shall, not later than sixty (60) days before Section 11. Number of Party-List Representatives. The
election, prepare a certified list of national, regional, or party-list representatives shall constitute twenty per
sectoral parties, organizations or coalitions which have centum (20%) of the total number of the members of
applied or who have manifested their desire to the House of Representatives including those under the
participate under the party-list system and distribute party-list.
copies thereof to all precincts for posting in the polling
places on election day. The names of the part y-list For purposes of the May 1998 elections, the first five (5)
nominees shall not be shown on the certified list. major political parties on the basis of party
representation in the House of Representatives at the
Section 8. Nomination of Party-List Representatives. start of the Tenth Congress of the Philippines shall not
be entitled to participate in the party-list system.
Each registered party, organization or coalition shall
submit to the COMELEC not later than forty-five (45) In determining the allocation of seats for the second
days before the election a list of names, not less than vote, the following procedure shall be observed:
five (5), from which party-list representatives shall be
chosen in case it obtains the required number of votes. (a) The parties, organizations, and coalitions shall be
ranked from the highest to the lowest based on the
A person may be nominated in one (1) list only. Only number of votes they garnered during the elections.
persons who have given their consent in writing may be
named in the list. The list shall not include any (b) The parties, organizations, and coalitions receiving
candidate for any elective office or a person who has at least two percent (2%) of the total votes cast for the
lost his bid for an elective office in the immediately party-list system shall be entitled to one seat each:
preceding election. No change of names or alteration of Provided, That those garnering more than two percent
the order of nominees shall be allowed after the same (2%) of the votes shall be entitled to additional seats in
shall have been submitted to the COMELEC except in proportion to their total number of votes : Provided,
cases where the nominee dies, or withdraws in writing finally, That each party, organization, or coalition shall
his nomination, becomes incapacitated in which case be entitled to not more than three (3) seats.
the name of the substitute nominee shall be placed last
in the list. Incumbent sectoral representatives in the Section 12. Procedure in Allocating Seats for Party-List
Representatives. The COMELEC shall tally all the votes
Notes By: Marren E. Juangco 24
2014 CONSTITUTIONAL LAW I (REVIEWER)
for the parties, organizations, or coalitions on a thereof, inconsistent with the provisions of this Act are
nationwide basis, rank them according to the number of hereby repealed.
votes received and allocate party-list representatives
proportionately according to the percentage of votes Section 22. Effectivity. This Act shall take effect fifteen
obtained by each party, organization, or coalition as (15) days after its publication in a newspaper of general
against the total nationwide votes cast for the party-list circulation.
system.
BARANGAY ASSOCIATION FOR NATIONAL
Section 13. How Party-List Representatives are
Chosen. Party-list representatives shall be proclaimed ADVANCEMENT AND TRANSPARENCY (BANAT) v.
by the COMELEC based on the list of names submitted COMELEC; G.R. Nos. 179271 & 179295 (April 21,
by the respective parties, organizations, or coalitions to 2009 & August 7, 2009)
the COMELEC according to their ranking in said list.
The 80-20 rule is observed in the following manner: for
Section 14. Term of Office. Party-list representatives every 5 seats allotted for legislative districts, there shall
shall be elected for a term of three (3) years which shall be one seat allotted for a party-list representative.
begin, unless otherwise provided by law, at noon on the Originally, the 1987 Constitution provides that there
thirtieth day of June next following their election. No shall be not more than 250 members of the lower
party-list representatives shall serve for more than three
house. Using the 80-20 rule, 200 of that will be from
(3) consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as legislative districts, and 50 would be from party-list
an interruption in the continuity his service for the full representatives. However, the Constitution also allowed
term for which he was elected. Congress to fix the number of the membership of the
lower house as in fact, it can create additional
Section 15. Change of Affiliation; Effect. Any elected legislative districts as it may deem appropriate. As can
party-list representative who changes his political party be seen in the May 2007 elections, there were 220
or sectoral affiliation during his term of office shall forfeit district representatives, hence applying the 80-20 rule
his seat: Provided, That if he changes his political party
or the 5:1 ratio, there should be 55 seats allotted for
or sectoral affiliation within six (6) months before an
election, he shall not be eligible for nomination as party- party-list representatives.
list representative under his new party or organization.
SJS v. DANGEROUS DRUGS BOARD; G.R. No.
Section 16. Vacancy. In case of vacancy in the seats 157870 (November 3, 2008)
reserved for party-list representatives, the vacancy shall
be automatically filled by the next representative from The Congress cannot enact a law prescribing
the list of nominees in the order submitted to the qualifications for candidates for senator in addition to
COMELEC by the same party, organization, or those laid down by the Constitution.
coalition, who shall serve for the unexpired term. If the
list is exhausted, the party, organization coalition ATONG PAGLAUM INC. v. COMELEC; G.R. No.
concerned shall submit additional nominees. 203766 (April 2, 2013)
Section 17. Rights of Party-List Representatives. Party- A majority of the members of sectoral parties or
List Representatives shall be entitled to the same organizations that represent the “marginalized an
salaries and emoluments as regular members of the underrepresented” must belong to the “marginalized
House of Representatives. and underrepresented” sector they represent. Similarly,
a majority of the members of sectoral parties or
Section 18. Rules and Regulations. The COMELEC
organizations that lack “well-defined political
shall promulgate the necessary rules and regulations as
constituencies” must belong to the sector they
may be necessary to carry out the purposes of this Act.
represent. The nominees of sectoral parties or
Section 19. Appropriations. The amount necessary for organizations that represent the “marginalized and
the implementation of this Act shall be provided in the underrepresented,” or that represent those who lack
regular appropriations for the Commission on Elections “well-defined political constituencies,” either must
starting fiscal year 1996 under the General belong to their respective sectors, or must have a track
Appropriations Act. record of advocacy for their respective sectors. The
nominees of national and regional parties or
Starting 1995, the COMELEC is hereby authorized to organizations must be a bona-fide members of such
utilize savings and other available funds for purposes of
parties or organizations.
its information campaign on the party-list system.
2. Election
Section 20. Separability Clause. If any part of this Act
is held invalid or unconstitutional, the other parts or a. Regular Election
provisions thereof shall remain valid and effective.
ARTICLE VI, SECTION 8
Section 21. Repealing Clause. All laws, decrees,
executive orders, rules and regulations, or parts
Notes By: Marren E. Juangco 25
2014 CONSTITUTIONAL LAW I (REVIEWER)
Unless otherwise provided by law, the regular election posting at least three copies thereof in as many
of the Senators and the Members of the House of conspicuous places in each of their election precincts,
Representatives shall be held on the second Monday of and a copy in each of the polling places and public
May. markets, and in the municipal buildings.
R.A. No. 6645 or AN ACT PRESCRIBING THE ARTICLE VI, SECTION 16(1)
MANNER OF FILING A VACANCY IN THE
CONGRESS OF THE PHILIPPINES The Senate shall elect its President and the House of
Representatives, its Speaker, by a majority vote of all
Section 1. In case a vacancy arises in the Senate at its respective Members. Each House shall choose such
least eighteen (18) months or in the House of other officers as it may deem necessary.
Representatives at least (1) year before the next
regular election for Members of Congress, the SANTIAGO v. GUINGONA; G.R. No. 134577
Commission on Elections, upon receipt of a resolution (November 18, 1998)
of the Senate or the House of Representatives, as the
case may be, certifying to the existence of such While the Constitution mandates that the President of
vacancy and calling for a special election, shall hold a the Senate must be elected by a number constituting
special election to fill such vacancy.f Congress is in more than one half of all the members thereof, it does
recess, an official communication on the existence of not provide that the members who will not vote for him
the vacancy and call for a special election by the shall ipso facto constitute the “minority,” who could
President of the Senate or by the Speaker of the House thereby elect the minority leader. No law or regulation
of Representatives, as the case may be, shall be states that the defeated candidate shall automatically
sufficient for such purpose. The Senator or Member of become the minority leader.
the House of Representatives thus elected shall serve
b. Quorum
only for the unexpired term.
Section 2. The Commission on Elections shall fix the ARTICLE VI, SECTION 16(2)
date of the special election, which shall not be earlier
A majority of each House shall constitute a quorum to
than forty-five (45) days not later than ninety (90) days
do business, but a smaller number may adjourn from
from the date of such resolution or communication,
day to day and may compel the attendance of absent
stating among other things the office or offices to be
Members in such manner, and under such penalties, as
voted for: provided, however, that if within the said
such House may provide.
period a general election is scheduled to be held, the
special election shall be held simultaneously with such
general election.
That would be moreover tantamount to imparting to a DE VENECIA v. SANDIGANBAYAN; G.R. No. 130240
move of a single member of a collective body a decisive (February 5, 2002)
weight. It is bad enough if the minority were to prevail.
A one-man rule, which is the effect of what respondent The doctrine of separation of powers by itself may not
Secretary of the Commission on Appointments be deemed to have effectively excluded members of
contends, is infinitely worse. Congress from Republic Act No. 3019 nor from its
sanctions. The maxim simply recognizes that each of
ARROYO v. DE VENECIA; G.R. No. 127255 (August the three co-equal and independent, albeit coordinate,
14, 1997) branches of the government – the Legislative, the
Executive and the Judiciary – has exclusive
To disregard the "enrolled bill" rule in such cases would
prerogatives and cognizance within its own sphere of
be to disregard the respect due the other two
influence and effectively prevents one branch from
departments of our government. It would be an
unduly intruding into the internal affairs of either branch.
unwarranted invasion of the prerogative of a coequal
The SC looked into the Journals to ascertain the date of (5) Congressional Record
adjournment but the SC refused to go beyond the
recitals in the legislative Journals. The said Journals ARTICLE VI, SECTION 16(4), PARAGRAPH 2
are conclusive on the Court and to inquire into the
Each House shall also keep a Record of its
veracity of the journals of the Philippine Legislature,
proceedings.
when they are, as the SC have said, clear and explicit,
would be to violate both the letter and the spirit of the
f. Sessions
organic laws by which the Philippine Government was
brought into existence, to invade a coordinate and 1. Regular Sessions
independent department of the Government, and to
interfere with the legitimate powers and functions of the ARTICLE VI, SECTION 15
Legislature.
The Congress shall convene once every year on the
(3) Matters to be entered in the Journal fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in
a. Yeas and nays on the third and final reading of a
session for such number of days as it may determine
bill (Art. VI, sec. 26(2)
until thirty days before the opening of its next regular
b. Veto message of the President (Art. VI, sec. session, exclusive of Saturdays, Sundays, and legal
27(1) holidays. The President may call a special session at
any time.
c. Yeas and nays on the repassing of a bill vetoed
by the President (Art. VI, sec. 27(1)) ARTICLE VI, SECTION 16(5)
Neither House during the sessions of the Congress no inability exists, he shall reassume the powers and
shall, without the consent of the other, adjourn for more duties of his office. Meanwhile, should a majority of all
than three days, nor to any other place than that in the Members of the Cabinet transmit within five days to
which the two Houses shall be sitting. the President of the Senate and to the Speaker of the
House of Representatives, their written declaration that
2. Special Sessions the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue.
ARTICLE VI, SECTION 15 For that purpose, the Congress shall convene, if it is not
in session, within forty-eight hours, in accordance with
The Congress shall convene once every year on the its rules and without need of call.
fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in ARTICLE VII, SECTION 18, PARAGRAPH 3
session for such number of days as it may determine
The Supreme Court may review, in an appropriate
until thirty days before the opening of its next regular
proceeding filed by any citizen, the sufficiency of the
session, exclusive of Saturdays, Sundays, and legal
factual basis of the proclamation of martial law or the
holidays. The President may call a special session at
suspension of the privilege of the writ of habeas
any time.
corpus or the extension thereof, and must promulgate
ARTICLE VII, SECTION 10 its decision thereon within thirty days from its filing.
The Congress shall, at ten o'clock in the morning of the 4. Salaries, privileges and disqualifications
third day after the vacancy in the offices of the
President and Vice-President occurs, convene in a. Salaries
accordance with its rules without need of a call and
within seven days, enact a law calling for a special ARTICLE VI, SECTION 10
election to elect a President and a Vice-President to be
The salaries of Senators and Members of the House of
held not earlier than forty-five days nor later than sixty
Representatives shall be determined by law. No
days from the time of such call. The bill calling such
increase in said compensation shall take effect until
special election shall be deemed certified under
after the expiration of the full term of all the Members of
paragraph 2, Section 26, Article V1 of this Constitution
the Senate and the House of Representatives
and shall become law upon its approval on third reading
approving such increase.
by the Congress. Appropriations for the special election
shall be charged against any current appropriations and ARTICLE XVIII, SECTION 17
shall be exempt from the requirements of paragraph 4,
Section 25, Article V1 of this Constitution. The Until the Congress provides otherwise, the President
convening of the Congress cannot be suspended nor shall receive an annual salary of three hundred
the special election postponed. No special election shall thousand pesos; the Vice-President, the President of
be called if the vacancy occurs within eighteen months the Senate, the Speaker of the House of
before the date of the next presidential election. Representatives, and the Chief Justice of the Supreme
Court, two hundred forty thousand pesos each; the
ARTICLE VII, SECTION 11 Senators, the Members of the House of
Representatives, the Associate Justices of the
Whenever the President transmits to the President of
Supreme Court, and the Chairmen of the Constitutional
the Senate and the Speaker of the House of
Commissions, two hundred four thousand pesos each;
Representatives his written declaration that he is
and the Members of the Constitutional Commissions,
unable to discharge the powers and duties of his office,
one hundred eighty thousand pesos each.
and until he transmits to them a written declaration to
the contrary, such powers and duties shall be
LIGOT v. MATHAY; 56 SCRA 823 (1974)
discharged by the Vice-President as Acting President.
To grant retirement gratuity to members of Congress
Whenever a majority of all the Members of the Cabinet
whose terms expired on December 30, 1969 computed
transmit to the President of the Senate and to the
on the basis of an increased salary of P32,000.00 per
Speaker of the House of Representatives their written
annum (which they were prohibited by the Constitution
declaration that the President is unable to discharge the
from receiving during their term of office) would be to
powers and duties of his office, the Vice-President shall
pay them prohibited emoluments which in effect
immediately assume the powers and duties of the office
increase the salary beyond that which they were
as Acting President.
permitted by the Constitution to receive during their
Thereafter, when the President transmits to the incumbency. As stressed by the Auditor-General in his
President of the Senate and to the Speaker of the decision in the similar case of petitioner’s colleague, ex-
House of Representatives his written declaration that Congressman Singson, “(S)uch a scheme would
Notes By: Marren E. Juangco 29
2014 CONSTITUTIONAL LAW I (REVIEWER)
contravene the Constitution for it would lead to the Article 145 of the Revised Penal Code was revived but
same prohibited result by enabling administrative modified from prision mayor to prision correcional.
authorities to do indirectly what cannot be done
directly.” PEOPLE v. JALOSJOS; G.R. No. 132875 (February
3, 2000)
b. Freedom from arrest
A Congressman like the accused-appellant, convicted
ARTICLE VI, SECTION 11 under Title Eleven of the Revised Penal Code could not
claim parliamentary immunity form arrest. He was
A Senator or Member of the House of Representatives subject to the same general laws governing all persons
shall, in all offenses punishable by not more than six still to be tried or whose convictions were pending
years imprisonment, be privileged from arrest while the appeal. x x x For offenses punishable by more than six
Congress is in session. No Member shall be questioned years imprisonment, there was no immunity from
nor be held liable in any other place for any speech or arrest.
debate in the Congress or in any committee thereof.
TRILLANES IV v. JUDGE PIMENTEL; G.R. No.
PHILIPPINE BILL OF 1902 179817 (June 27, 2008)
No grant of parliamentary immunity. The Rules also state that no person charged with a
capital offense, or an offense punishable by
1935 CONSTITUTION reclusion perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is strong,
There is a parliamentary immunity in all cases except regardless of the stage of the criminal action.
treason, felonies etc.
That the cited provisions apply equally to rape and coup
1973 CONSTITUTION d'etat cases, both being punishable by
reclusion perpetua, is beyond cavil. Within the class of
There is no parliamentary immunity except if it is
offenses covered by the stated range of imposable
punishable by not more than six years (prision
penalties, there is clearly no distinction as to the
correctional). The accused shall surrender to the proper
political complexion of or moral turpitude involved in the
authorities 12 hrs. after the adjournment of session.
crime charged.
1987 CONSTITUTION
c. Speech and Debate Clause
Arrest cannot be made while the Member is in session.
The accused is not obliged to surrender after the ARTICLE VI, SECTION 11
session’s adjournment.
A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six
ARTICLE 145, RPC
years imprisonment, be privileged from arrest while the
Violation of parliamentary immunity. — The penalty of Congress is in session. No Member shall be questioned
prision mayor shall be imposed upon any person who nor be held liable in any other place for any speech or
shall use force, intimidation, threats, or fraud to prevent debate in the Congress or in any committee thereof.
any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the JIMENEZ v. CABANGBANG; 17 SCRA 876 (1966)
Assembly (Congress) or of any of its committees or
Article VI, Section 15 of the Constitution provides “The
subcommittees, constitutional commissions or
Senators and Members of the House of
committees or divisions thereof, from expressing his
Representatives shall in all cases except treason,
opinions or casting his vote; and the penalty of prision
felony, and breach of the peace. Be privileged from
correccional shall be imposed upon any public officer or
arrest during their attendance at the sessions of the
employee who shall, while the Assembly (Congress) is
Congress, and in going to and returning from the same;
in regular or special session, arrest or search any
and for any speech or debate therein, they shall not be
member thereof, except in case such member has
questioned in any other place.” The publication of the
committed a crime punishable under this Code by a
said letter is not covered by said expression which
penalty higher than prision mayor.
refers to utterances made by Congressmen in the
performance of their official functions, such as
speeches delivered, statements made, or votes cast in
the halls of Congress, while the same is in session as
well as bills introduced in Congress, whether the same
1987 CONSTITUTION is in session or not, and other acts performed by
Congressmen, either in Congress or outside the