JUDICIAL REVIEW Can the court motu propio its own motion?
 The court can motu propio its own motion.
 The Power of Judicial Review is conferred in the judicial branch of the
government. (Sec. 1, Art VIII)
 Judicial Power includes the duty of the court of justice to settle actual
controversies involving rights which are legally demandable and enforceable.
REQUISITES OF POWER OF JUDICIAL REVIEW
1. There must be actual controversy – there is existing conflict of constitutional
rights
2. The party raising the constitutional question must be in lucos standi or a proper
party.
Proper Party – a person whose rights has violated or is endangered.
3. The constitutional question must be raised at the earliest opportunity.
4. There is a necessity of deciding the constitutional question.
Actual Case – one that involves conflict of legal rights.
REQUISITES OF POWER OF JUDICIAL REVIEW
1ST REQUISITE - There must be actual controversy
Can you exercise your civil and political right in the absence of the
constitution?
 YES, Universal Declaration of Human Rights e.g. the Right to Privacy. You
can exercise your civil and political right even in the absence of the
constitution because that is a natural right.
 In the case of Republic vs Sandiganbayan there was no constitution that
time because it was abrogated by Cory Aquino.
Can the state question the constitutionality of its own law? Can we buy the
decision before the court to declare a law unconstitutional?
 YES, it is by virtue of sovereignty that the state can enact a law.
 In the case of People vs Vera, the State can question the validity of its
own law. It is the state that in the first instance shall be the one concern
of the unconstitutionality of its law.
 Rule of the Unconstitutionality of Law
2nd REQUISITE – The party raising the constitutional question must be in lucos standi
or a proper party.
Are there exceptions of the Proper Party?
 YES, there are 3 exceptions:
1. When the issue is of Transcendental Importance.
 In the case of Oposa vs Factoran, the one who filed the case were
minors represented by their parents. They are considered proper
party because their issue is of transcendental importance.
 When the issue is of Transcendental Importance, anybody can file a
petition before the court. Anybody, not a proper party, can question
the constitutionality of the act.
 The Doctrine of Inter-judiciary holds that the ecology shall be
protected by the present generation or the future generation. (Sec.
15, Art 2 – Self- executing)
2. Public Suit
 In the case of Belgica vs Executive Secretary regarding PDAF and the
case of Araullo vs Aquino on DAP, where the Supreme Court
discussed in these cases the concept of public suit in representation
of the family.
3. Taxpayer Suit Doctrine
 The discretionary power of the sorting of the court in allowing a
taxpayer to file a petition before the court questioning disbursement
of public fund.
3rd REQUISITE – The constitutional question must be raised at the earliest
opportunity.
What is the Doctrine of Constitutional Supremacy?
 The Doctrine of Constitutional Supremacy so holds that the judicial
department has the power to arrest/strike the acts of the executive or
legislative department or both when the same are unconstitutional.
4th REQUISITE – There is a necessity of deciding the constitutional question.
Why is there a necessity in deciding the constitutional question? Lis mota.
 Judicial Resend:
1. Doctrine of Constitutional Presumption
 All laws are presumed to be constitutional.
 In the absence of the necessity in deciding the constitutional
question, the court will have to reprieve from ruling on the
constitutionality.
2. Due respect by the court to the other department
 Both departments must presume to be expert in their respective
fields.
When a law or an act is declared unconstitutional, what is its effect?
 There are 2 effects when a law is declared unconstitutional:
1. Orthodox View Doctrine
 A law declared unconstitutional is not a law.
 It confers no rights, duties, no office, and no obligations. Hence, it is
not a law, as if it was not passed by congress.
2. Operative View Doctrine
 Holds that we recognize the operative fact before the declaration of
the law as unconstitutional.
 It is a matter of equity or justice outside the law.
STATE
 State is a community of persons more or less numerous permanently occupying
a fixed territory and possessed of an independent government organized for
political ends to which the great body of inhabitants render habitual obedience.
What are the essential elements of the State?
 There are 4 essential elements of the state, namely:
1. People
 It refers to the inhabitants of the state capable of procreation.
2. Territory
 It refers to the fixed portion o the surface of the earth occupied by
the people of the state.
 It is stated in Article I – the Philippine Archipelago
 An Archipelago is a body of water covered with islands.
3. Government
 It refers to the central agency of the state that facilitate in the
exercise of its governmental powers.
 The term Philippine Government refers to the entire machinery of
the government inclusive of the local government units while
National Government refers only to the Executive, Legislative and
the Judicial Department of the government.
4. Sovereignty
 It refers to the supreme power of the state to command and enforce
obedience among the citizens.
CONSTITUTION
 Constitution is the basic fundamental law that governs the People and is
established, limited and defined.
 The 28 provisions of the constitution serve as guidance to the court in the
disposition of cases at the same time aids to the legislative department in the
enactments of law.
Is the Preamble part of the Constitution?
 No, there are 3 parts of the constitution:
1. Constitution of Government
2. Constitution of Liberty
3. Constitution of Sovereignty
Is the use of Almighty God in the Preamble a violation?
 No, it is not a violation in the Principle of the Separation of Church and
State because if we enforce the term Almighty God, it is only by means of
a replica that we recognize the influence of the religion in the society
regardless of our affiliations.
  There are only 2 cases concerning religion. The case of Calalan vs Niňo
regarding Social Justice and the case of Imbong vs Ochoa regarding RH
Law.
ARTICLE 1 – NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters
of the Philippines.
PHILIPPINE TERRITORY
Where is the Philippine Territory?
 The Territorial Jurisdiction of the Philippines:
1. The Treaty of Paris in 1898 – The Philippines was sold.
2. Supplemental Agreement Treaty between the Philippines and Spain
3. Treaty between Great Britain and United States including Cagayan, Sulu
and Sibutu
4. Those territory which the Philippines has historic right or legal title
5. Territories covered by the German statement under the 1935
Constitution
 Province of North Cotabato vs the Government of the Philippines
 Magallona, et al vs Ermita, et al regarding R.A. 9552 – according to
Magallona, this law is unconstitutional because it diminishes the
territorial jurisdiction of the Philippines because we waive our claim
over the Kalayaan Group of Islands.
Are these Military Bases of U.S part of the Philippine Territory?
 No, these military bases of U.S are not part of the Philippine territory.
 In the case of Reagan vs Commission on Internal Revenue, the Supreme
Court ruled that the military basis in this case imposes taxation power. It
is very clear that the military bases are within the territorial jurisdiction of
the state.
 In the case of Nicole vs Romulo, the Supreme Court ruled that the military
bases are not part of the Philippine territory.
SELF-EXECUTING
 Self-executing are those laws that does not need provisions to be applied.
 Section 16, Article 2 of the Constitution is a Self-executing provision. In the case
of Oposa vs Factoran, it gives emphasis on the interpretation of the
constitution.
ARTICLE 2 – DECLARATION OF POLICIES AND STATE POLICIES
Section 1. The Philippines is a Democratic and Republican State. Sovereignty resides in
the people and all government authority emanates from them.
 The Principle of Republicanism – a representative government of the people – is
laid down in this section.
 Social Contract Doctrine
 Manifestations of Republicanism
1. Non-suability of the State
2. Election through popular will
3. Civilian supremacy over the military
4. The principle that ours is a government of laws not of men
5. Undue delegation of legislative power
6. The State cannot pass irrepealable laws
Section 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles international law as part of the law of the land and adheres
to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
  Doctrine of Incorporation so holds that all generally accepted principles of
public international law becomes part of the law of the state. Under this
doctrine, all generally accepted principles of public international law become
part of the law of the Philippines ipso facto without any legislative fiat or
approval.
 R.A 9346 – prohibition of the imposition of death penalty. It is a generally
accepted principle of the international law.
In the conflict between the international law and municipal law of the state,
which will prevail?
 According to the Supreme Court, our law will prevail because we cannot
bargain away our police power for the expense of a treaty. Police power
law is sovereignty in our jurisdiction, it should prevail in our municipality
but it will not prevail in international law.
 Doctrine of Transformation so holds that there must be an affirmative act on
the part of the State to adopt the generally accepted principle of the
international law.
 In the case of Magallona et al vs Ermita et al and Llamanzares vs ComElec – our
compliance to the UNCLOS
Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces
of the Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the state and the integrity of the national territory.
Section 4. Civilian authority is, at all times, supreme over the military. The Armed Forces
of the Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the state and the integrity of the national territory.
Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.
 In the case of Emerson vs Board of Education, it is settled in this case that the
State cannot encroach to the religious activities of the church and the church
cannot interfere with the purely secular activities of the State.
A case files against a church authority for illegal dismissal. Can the
respondent in this case invoke the separation of the church and state
contending that the civil authority as counteraction over the case?
 No, because illegal dismissal is not part of religious activity.
Section 7. The State shall pursue an independent foreign policy. In its relations with other
states the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
 Independent Foreign Policy is limited by the generally accepted principles of
international law.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
Is the presence of nuclear weapon in our jurisdiction a violation?
 Yes, the presence of nuclear weapon is prohibited in our national policy.
Section 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.
 Social Justice as in the case of Calalad vs Biñan
 National Development on this provision refers to the social, economic and
political status of public welfare and interest.
Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.
 In the case of Imbong vs Ochoa which touches the issue on RH Law
Section 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect
the life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the Government.
  The sanctity of family life in this provision also touches the case of Imbong vs
Ochoa regarding the RH Law
Section 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement
in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.
 Equality before the law of men and women
 RA 9262 - VAWC
Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
 In the case of Oposa vs Factoran
Section 17. The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
Section 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.
 This provision provides that the citizens cannot invoke their civil right against
Involuntary Servitude.
 Labour Code in connection to the Civil Service Commission
Section 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.
 This provision correlates with the provision in Section 10.
3 INHERENT POWER OF THE STATE
1. POLICE POWER
 It is the most pervasive and encompassing power among the three
inherent powers.
 It is the power of the state to regulate the use of liberty and property for
the promotion of general welfare.
 When property is taken under the police power, there is no
compensation.
2. POWER OF EMINENT DOMAIN
 The ownership of things belongs to the individuals, while its control
belongs to the State; hence, it is right on the part of the state to take
private property for public use. This is based on Hennicious Theory of
Eminent Domain.
3. POWER OF TAXATION
 The power of the State to impose charge or burden upon persons,
property, or property rights, for the use and support of the government
and to enable it to discharge its appropriate functions.
Section 21. The State shall promote comprehensive rural development and agrarian
reform.
 Comprehensive Agrarian Reform – the Supreme Court ruled that the
expropriation under this program partakes in the nature of revolutionary type of
expropriation on the ground that it is the combination of the Power of Eminent
Domain and the Police Power of the State.
 RA 6657 – The Agrarian Reform as to just compensation is unconstitutional.
Section 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
 In the case of Cruz vs Secretary of Environment and Natural Resources
 Small Land Owners vs Recto
 In the constitutionality of the law, the Supreme Court sitting en banc. There
must be a majority.
Section 23. The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in
nation-building.
Section 25. The State shall ensure the autonomy of local governments.
 The 3 inherent powers from Congress
 In the case of Province of North Cotabato vs Republic of the Philippines
Section 26. The State shall guarantee equal access to opportunities for public service,
and prohibit political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
 This provision correlating the provision in Section 7 of Article 3 regarding the
transparency provision
DOCTRINE OF SEPARATION OF POWERS
 The principle of Separation of Powers are divided into Three:
1. Legislative Department
2. Executive Department
3. Judiciary Department
 Under the principle of co-equal and coordinate powers among the three (3)
branches, the officers entrusted with each of these powers are not permitted to
encroach upon the powers confided to the others.
 If one department goes beyond the limits set by the Constitution, its acts are
null and void.
 The 3 branches of the government are allocated of its respective powers and
functions to be performed. The very purpose of this doctrine is to prevent
concentration of powers in group of individuals that might result to the
prejudiced of the people.
 The principle observed in the separation of powers is Interdependence.
 In the case of De Castro vs ABC
 Article 7, the president cannot appoint 3 months before the Presidential
Election except in cases where it is emergency in character and temporary
appointments only.
 The president must appoint within 90 days of vacancy in the Supreme Court.
 In the case of Belgica vs Ochoa regarding the PDAF or the Pork Barrel
 The disposition of the PDAF is within the executive department.
 The 3 branches of the government is procedural in the Separation of
Powers.
DOCTRINE OF CHECKS AND BALANCES
 Each branches of the government is secured from the unlawful encroachment
by other departments to its province or domain.
 To maintain this balance or to restore it if upset, each department is given
certain powers with which to check the others.
 Checks by the President, Congress and Judiciary.
 There are exceptions in this rule:
 The Power of Judicial Review
 The Blending of Powers
ARTICLE VI- THE LEGISLATIVE DEPARTMENT
 Legislative power is the power of the congress to propose, initiate, enact,
amend and repeal laws.
 THE POWER OF CONGRESS TO LEGISLATE:
1. The delegated tariff powers to the President
2. The delegated emergency power of the president
3. The delegated power to the people via the power of initiative and
referendum
4. The delegated power to the local government units
 5. The delegated power to the administrative agencies. enacting statutes that will inure to their own benefits only during their
incumbency.
 In the exercise of the legislative power there are procedures to be followed.
These lies in two questions:
 How does a bill becomes a law? (Article 6, Section 26)
POWERS OF CONGRESS
1. A bill is filed before the secretary of either houses by the proponent/s or
authors.
1. The power to override the veto of the president.
2. The secretary of either houses will calendar the bill for the first reading.
2. The power to appropriation.
3. In first reading, the number of the bill and its title shall be read, and the
3. The power to extend or revoke the declaration of martial law, and or the
same shall be referred to the proper committee for study. If there is a
suspension of the writ of habeas corpus.
favourable recommendation by the committee, the bill shall be
4. The power to concur amnesty extended by the President. (Sagisag vs Foreign
calendared for the second reading. In the second reading, the bill shall be
Secretary)
read in its entirety, debated, and amendments are introduced.
5. The power to suspend or expel its members.
4. If the bill is approved on the second reading, the same shall be calendared
 Suspension shall not exceed sixty (60) days. If it does, it becomes a
for the third reading.
Justiciable Controversy as there is a grave abuse of discretion on the part
5. Three (3) days before the third reading, the final copies of the bill
of the congress that the court may rule upon.
distributed to the members of the house concerned.
6. The power of legislative inquiry and oversight function.
6. In the third reading, amendments and debates are no longer allowed. The
7. The power to act as Board of Canvassers for the election of President and
house concerned shall submit the bill for consideration, and if approved
Vice-President.
on the third reading, the bill shall be transmitted to the other house
8. The power to act as the sole judge of all contests relating to the elections,
where it undergoes the same procedure.
returns and qualifications of its respective members.
9. The power to declare the state of war.
 When does a bill becomes a law? (Article 6, Section 27)
10. The power to concur or revoke treaty entered into by the President.
1. When the President signs it.
11. The power to confirm appointment granted by the President.
2. When the President failed to act on the bill within thirty (30) days from
receipt thereof.
3. When the veto of the President is repeated by 2/3 votes of each houses
ARTICLE VII- THE EXECUTIVE DEPARTMENT
voting separately
4. A bill calling for special election for president and vice-president upon
 Executive power is the power to execute and implement the laws.
approval in the third reading.
 The President is mandated to faithfully execute the laws; otherwise he will be
 The members of congress are subject to several prohibitions:
charged for palpable violation of the Constitution an impeachable offense.
1. Conflict of Interest Office – They cannot be appointed to any office during
their incumbency without forfeiting their seats for the reason as to deter
POWERS OF THE PRESIDENT
conflict of interest.
2. Forbidden Office – They cannot be appointed to any office which has been
1. The power of Control of the President.
created or the emoluments thereof have been increased during their
2. The power of Supervision over Local Government Units.
incumbency. The very purpose of this is to prevent Congress from
3. The Budgetary Power of the President.
 4. The Appointing Power.  Judicial Review enables the courts or ultimately the Supreme Court to interpret
 Heads of executive departments, ambassadors, other public minsters the Constitution and to declare invalid any legislative or executive act on the
and consuls, Officers of the Armed Forces from the rank of colonel or ground that run-counters to the constitution.
naval captain.
 Political Question is defined as ordinary parlance, a question in policy. It refers
 Other officers whose appointments are vested in him by the
to those questions which under the Constitution are to be decided by the
constitution.
people in their sovereign capacity, it is concern with issues dependent upon
 Those whom the President may be authorized by law to appoint.
wisdom. This can be rules by the Supreme Court for the purpose of determining
 Those Congress may by law vest on President the power to appoint
whether there is grave abuse of discretion resulting to lack or excess of
officers lower in rank.
jurisdiction.
 Process of Appointment:
a. Nomination  Justifiable Question refers to an issue that affects the civil, personal or property
rights accorded to every member of the community or nation.
b. Appointment
c. Confirmation  The justices of the Supreme Court are appointed by the Chief Executive from the
d. Acceptance list of at least three (3) nominees submitted by the Judicial and Bar Council.
5. The Military Power as Commander-in-Chief of all armed forces of the
 The Supreme Court has the power to change the venue of hearing upon proper
Philippines.
petition on sole ground of miscarriage of justice.
6. The power to declare martial law and to suspend the privilege of the writ of
habeas corpus.
7. The informing power of the President.
8. The Pardoning Power of the President. CASES TO BE HEARD BY THE SUPREME COURT EN BANC
9. The Diplomatic Power of the President.
10. The Borrowing Power of the President. 1. When the issue involve the constitutionality of a treaty, international or
11. The Residual Power. executive agreement, or law.
12. The Veto Power of the President. 2. Those which the Rules of Court provide such as the constitutionality,
application, or operation of presidential decrees, proclamations, orders,
 Writ of Amparo – treats on the aspect of life, liberty, and property. instructions, ordinances, and other regulations.
 Writ of Habeas Data – treats on the privacy of private individuals. 3. When the required number of votes is not obtained in division, the same
shall be referred to Court sitting en banc.
4. Modification or reversal of doctrines either laid down by the High Court en
banc or in division
ARTICLE VIII- THE JUDICIAL DEPARTMENT

 Judicial power shall be vested in one Supreme Court and in such lower court as
may be established by law.
 Supreme Court is the only constitutional court created by the Constitution while
other courts are created by virtue of the acts of Congress.
 COMPARISON OF THE 3 BRANCHES OF THE GOVERNMENT

LEGISLATIVE EXECUTIVE JUDICIARY

Making, Deliberation, Execute and implement Apply the laws
FUNCTION Enactment, Amending, the laws
Repealing laws

Senate President Supreme Court

 24 Senators  Chief Executive  15 members
House of Vice- President  1 Chief Justice
Representatives Cabinet Officials  14 Associate
COMPOSITION  250 members Justices
including 80% District
Representative and
20% Party-list
Representative
Senate President & Vice- No term of office
 a natural-born citizen Presdent mandated, until they
of the Philippines;  a natural-born citizen reach 70 or become
 at least 35 years of age; of the Philippines; incapacitated.
 able to read and write;  at least 40 years of
 a registered voter; and age;
 a resident of the  able to read and Here are the various steps in the passage of a bill:
Philippines for at least write; 1. First Reading
two years immediately  a registered voter; and
preceding the election.  a resident of the 2. Referral to Appropriate Committee
Philippines for at least
ten years immediately
3. Second Reading
QUALIFICATION House of
Representatives preceding such 4. Debates
 a natural-born citizen election.
5. Printing and Distribution
of the Philippines;
 at least 25 years old; 6. Third Reading
 able to read and write;
 a registered voter, and 7. Referral to the Other House
 a resident of the 8. Submission to Joint Bicameral Committee
district for a period of
not less than one year 9. Submission to the President
immediately preceding
the election.

Senate President No term of office Answer with: It is settled in this jurisdiction …

 6 years  6 years mandated, until they
 2 consecutive terms  1 term w/o reach 70 or become God Bless!
TERM OF OFFICE District and Party-list reelection incapacitated.
Representative Vice-President
 3 years  6 years
3 consecutive terms 2 consecutive terms
RUTH C CASTILLO