ConstI 1 Finals Reviewer PDF

UNIVERSITY OF SANTO TOMAS Constitutional Law
Faculty of Civil Law • Determines the political organization of the

A.Y. 2018-2019 state, and regulates the political relations
First Semester between the state and the individuals who
compose it
NOTES ON CONSTITUTIONAL LAW I
Source: Political Law by Atty. Rene B. Gorospe Basic framework of the Philippine government
• Been patterned after the American law
Constitution
• Definition of the powers of the government
CHAPTER 1 • Social contract whereby the people have
PRELIMINARY CONSIDERATIONS surrendered their sovereign powers to the
State for the common good
• Foundation of the entire legal system
Political Law • Supreme law of the land
• Delving into how a structure of public
institutions, offices and bureaucracy is Doctrine of Constitutional Supremacy
organized, and looking into how such a In Manila Prince Hotel v. GSIS, the Court expounded
political organization affects and interacts on the value of the constitution
with the people.
• Branch of public law which deals with the A constitution is a system of fundamental
organization and operation of the laws for the governance and administration of a nation.
governmental organs of the State and It is supreme, imperious, absolute and unalterable
define the relations of the state with the except by authority from which it emanates. It has
inhabitants of its territory (People v. been defined as the fundamental and paramount law of
Perfecto) the nation.
• Embraces constitutional law, law of public
corporations, administrative law including It is the supreme law to which all other laws
the law on public officers and elections must conform and in accordance with which all private
(Macariola v. Asuncion) rights must be determined and all public authority
administered.
Macariola v. Asuncion
• The court pointed out that “although the If a law or contract violates any norm of
aforementioned provision is incorporated in the constitution, the law or contract whether
the Code of Commerce which is part of the promulgated by the legislative or by the executive
commercial laws of the Philippines, it, branch or entered into by private persons for
however, partakes the nature of political law private purposes is null and void and without any
as it regulates the relationship between the force or effect.
government and certain public officers and
employees. Since the Constitution is the fundamental
• Since the Code of Commerce is inherited law and supreme law of the nation, it is deemed written
from the Spanish times, upon transfer of in every stature or contract.
sovereignty from Spain to the US and later on
to the PH, Article 14 must be deemed to have While a constitution may be very important, it does
been abrogated not necessarily mean that the State cannot exist
• Where there is change of sovereignty, the without it
political laws of the former sovereign, are
automatically abrogated, unless they are As the court held in Republic v.
expressly re-enacted by affirmative act of Sandiganbayan, even without the Constitution and a
the new sovereign Bill of Rights during the interregnum – the one month
period from the successful overthrow of the Marcos
government to the adoption of a transitory chapter.
During this time, the directives and orders of the
HECTOR ALEMAN | KAREN ARETA | NUVI DELA CRUZ | WARREN GERONA | YCE LOPEZ| SOZETTE ONG | ELAINE VELOSO
UST Faculty of Civil Law
revolutionary government were the supreme law
because no constitution limited the extent and scope of In Manila Prince Hotel v. GSIS,
such directives.
A Constitutional provision is self-
The basic and fundamental rights of the executing if the nature and extent of the right
people were still protected pursuant to the conferred and the liability imposed are fixed by the
country’s adherence to international agreements, constitution itself
the Universal Declaration of Human Rights and the
Covenant on Civil and Political Rights. Article II of the Constitution (State Principles and
Policies)
Need for a plebiscite in the creation or • Generally considered as non-self-executing
modifications of local government units • They are used by the judiciary as aids or
• In Miranda v. Aguirre, the consent of the guides in the exercise of its power of judicial
people of the local government directly review and b the legislature in its enactment
affected was required to serve as a checking of laws
mechanism to any exercise of legislative
power creating, dividing, abolishing, altering CHAPTER 2
the boundaries of local government units. THE STATE
Parts of a written constitution State

1. Constitution of liberty • Community of persons more or less
a. Series of prescription setting forth numerous
the fundamental the fundamental • Permanently occupying a definite portion of
civil and political rights of the territory
citizens and imposing certain • Independent of external control
limitations on the power of the • Possessing an organized government to
government which the great body of inhabitants render
2. Constitution of government obedience
a. Provisions outlining the Elements
organization of the government 1. People
(framework and powers) 2. Territory
3. Constitution of sovereignty a. The constitution itself delineates the
a. Prescribes the mode or procedure national territory explicitly referring
for amending or revising the to the Philippine archipelago with
constitution all the islands and waters embraced
therein
Good constitution b. Also includes those areas ceded
1. Broad under the Treaty of Paris
2. Brief
3. Concise Archipelagic Doctrine
• A concept which considers the entire
Proper way of Interpreting the Constitutional archipelago as one integrated cohesive unit
Provisions of territory, not as comprising various
1. Verbal egis disparate and separate islands
2. In accordance with the intent of framers • For this purpose, straight baselines are drawn
3. Interpreted as a whole joining the outermost points of the outermost
islands and drying reefs of archipelago
Self-executing o All those included within will be
• As a general rule, the provisions of the considered as one body
Constitution are considered self-executing o They are considered internal waters
and do not require future legislation
• Unless it is expressly provided that a Delineation of the baselines of the Philippines for the
legislative act is necessary to enforce a purpose of the extent of the different maritime zones.
constitutional mandate, the presumption now • Territorial Sea
is that all provisions of the constitution are • Contiguous Zone
self-executing
• Exclusive Economic Zone a. Undertaken only by way of
advancing the general interests of
In Magallon v. Ermita, the court upheld the the society and are merely optional
constitutionality of R.A. 9522, a law which adjusted b. Those which it may exercise to
the country’s archipelagic baselines promote merely the welfare,
• Statute was a tool to demarcate the country’s progress and prosperity of the
maritime zones and continental shelf, not to people
delineate Philippine territory c. Includes those corporations owned
• In order to comply with UNCLOS or controlled by the government to
• It is a multi-lateral treaty regulating sea-use promote certain aspects of the
rights over maritime zones economic life of our people (Bacani
o Territorial waters (12 nautical miles v. NACOCO)
from baselines i. GOCC which may take on
o Contiguous zone (24 nautical miles) the form of a private
o Exclusive economic zone (200 enterprise or one organized
nautical miles) with powers and formal
• To give notice of exercise of sovereignty over characteristics of a private
territorial waters corporation under the
• Boundaries are drawn from the “outermost Corporation Law
islands and drying reefs of the archipelago”
In Bacani v. NACOCO, NACOCO was not exempt
Terrestrial Domain from the payment of fees since it did not fall within the
term “Government of the Republic of the Philippines”
• In Reagan v. Commission of Internal
Revenue, clarified that Clark Air Base at the
Principles determining whether or not government
time when it was occupied by the US
shall exercise certain of these optional functions
pursuant to the Military Bases Agreement
was still part of the Philippine territory and • That a government should do for a public
thus the county’s tax laws operated therein. It welfare those things which private capital
did not become a foreign soil or territory. would not naturally undertake
• By the Military Bases Agreement, the • That a government should do these things
Philippine government merely consents the which by its very nature it is better equipped
US to exercise jurisdiction over certain cases to administer
3. Government The growing complexities of modern society,

a. Entity which exercises power and however, have rendered this traditional
with appropriate authority to classification of the functions of government quite
enforce and command obedience unrealistic, not to say obsolete
from the people
In ACCFA v. CUGCO, the government agency
Legal Authority of Government involved the ACA, was tasked to assist in the land
A. De Jure – government is rightfully and reform program of the government which may not
legally in possession of powers strictly be in the performance strictly considered as
B. De Facto – one who has the actual exercise “governmental” it was still deemed to be performing
of power but not legally entitled governmental functions
• Employees labor union not entitled to
Functions of government conduct certification election
A. Constituent or Government
a. Those which constitute the very Nevertheless, the traditional classification of functions
bonds of society and are compulsory has not become entirely obsolete.
in nature
b. Government is required to exercise In Shipside v. Court of Appeals, where the court ruled
to promote its objectives as that a government agency could not make use the
expressed in the Constitution principle that prescription does not run against the
B. Ministrant or Proprietary State.
• BCDA was created a separate entity with the
main function of developing former military
bases into economically viable undertakings, • The State, may, consistent with membership
such agency could not be considered as part in the family of nations, agree to some
of the government restrictions on what it may do or not do in
• Functions performed by BCDA are consistent with its self-interests in dealing
proprietary in nature with other States.
• BCDA not a mere agency of the government
but a corporate body performing proprietary Doctrine of Act of State
functions • The acts of the state may not be questioned in
any other state, and the courts of one country
The rule that prescription does not run against the will not sit in judgment on the acts of the
State does not apply to corporations or artificial government of another, done within its
bodies created by the State for special purposes. territory.
• Redress of grievances by reason of such acts
Parens Patriae must be obtained through the means open to
• State as the parent or guardian of the country be availed of by sovereign powers as between
and the people themselves.
• The government has the obligation of
protecting the less fortunate members of It must also be remembered that when there is a
society who could not otherwise stand for change of sovereignty the political laws – those
themselves regulating the relations sustained by the
• For that purpose, it may undertake some inhabitants to the former – are deemed abrogated
measures designed to promote and safeguard
the interests of such persons who would Inherent Powers of the State
otherwise suffer immeasurably if not placed 1. Police Power
under the solicitous care of the government. a. Power used to promote the public
welfare by restraining and
4. Sovereignty regulating liberty and the use of
a. Represents the supreme power of property
the state to command and enforce b. Basically lodged in Congress
obedience c. However, it may be delegated to the
b. Any state may, by its consent, President, administrative agencies
express or implied, submit to a and local governments
restriction of its sovereign rights. i. Delegates may only
c. Almost every time a state enters into exercise such power in
an international agreement, it accordance with the extent
voluntarily sheds off part of its of the authority allowed
sovereignty them
Classifications of Sovereignty Delegation to Local government units

1. Legal Sovereignty – authority based on the • Through the General Welfare Clause
law
2. Political Sovereignty – authority of the MMDA – not been delegated police power, it could
people themselves. not enact ordinances, functions are merely
3. Internal Sovereignty – ability of the State administrative in nature
itself to have its will imposed and followed
by all those within its jurisdiction Checking of its Exercise
4. External Sovereignty – independence from • The interest of the general public requires its
outside authority exercise
• Means employed are reasonably necessary
Nevertheless, external sovereignty is not and not unduly oppressive upon individuals
necessarily complete freedom from outside
influence. Salus Populi est Suprema Lex
• The welfare of the people is the supreme law
Concept of Auto-Limitation • Connotes the power to make, ordain, and
establish all manner of wholesome and
reasonable laws, statutes and ordinances, function, there is no
either with penalties or without, not waiver of immunity
repugnant to the Constitution, as they shall (Mobil v. Custom
judge to be for the good and welfare of the Arrastre Service)
commonwealth, and for the subjects of the
same. • The defense of state immunity from suit does
not apply in causes of action which do not
2. Power of Eminent Domain seek to impose a charge or financial liability
(Expropriation) against the State.
a. Public use
b. Payment of just compensation The Principle of state immunity applies to cases
against government officials who are sued in their
Principally lodged in Congress but may be official capacity.
exercised by others through valid delegation • The rule is that if the judgment against such
officials will require the state itself to perform
3. Power of Taxation an affirmative act to satisfy the same, such as
a. Taxes are the lifeblood of the the appropriation of the amount needed to pay
government, for without the taxes, the damages, the suit must be regarded as
the government can neither exist or against the state itself.
endure
b. Proceeds for public purpose The rule does not apply where the public official is
c. Resides in the legislature charged in his official capacity for acts that are
unauthorized or unlawful and injurious to rights of
STATE IMMUNITY others or when he is sued not in his official capacity
but personal capacity
Doctrine of State or Sovereign Immunity or Royal
Prerogative of Dishonesty Waiver of Immunity
• “The state may not be sued without its 1. Express
consent” a. Form of a law (Merritt v.
• Rationale: There can be no legal right as Government)
against the authority that makes the law on b. General or special law coming from
which the right depends legislature
• Doctrine is not absolute 2. Implied
• Doctrine applies in regard to suits against a. Government does certain things that
the government itself or any of its may indicate that it is amenable to
unincorporated agencies. such court action against it.
b. When the state enters into a contract
or it commences litigation
Unincorporated Incorporated i. With regard to contracts,
Agencies Agencies distinction must be made
between its governmental
• Have no independent • GOCC functions and proprietary
personality, they are • Separate and activities
part and parcel of the distinct from ii. When the states takes the
government itself government initiative in suit, it
• This is true only if • They have their descends to the level of a
such agencies are not own charters private individual and thus
performing which normally opens itself to whatever
proprietary functions provides that they counterclaims or defenses
• Even if they are may sue and be the latter may have against
engaged in some sued in return it.
proprietary
undertaking (such as Compromise Agreement – contract
arrastre service) but
the same is incidental Two functions
to its government
1. Jure Imperii – sovereign or governmental consideration of public policy (Republic v.
activities. Hidalgo)
a. State immunity is applicable • Disbursements of public funds must be
2. Jure gestionis – commercial, private and covered by the corresponding
proprietary appropriation as required by law
a. State immunity is not applicable • The functions and public services
rendered by the State cannot be allowed to
The doctrine of governmental immunity from suit be paralyzed or disrupted by the diversion
cannot serve as an instrument for perpetrating an of public funds from their legitimate and
injustice on a citizen (Ministerio v. Court of First specific objects, as appropriated by law
Instance of Cebu) (Commissioner of Public Highways v. San
Diego)
Suability of Local Governments
• Local governments are part of the state itself. The rule on the immunity of public funds from
However, by virtue of their charters or laws seizure or garnishment does not apply where the
providing for their creation and regulation, funds sought to be levied under execution are
they are given separate and distinct already allocated by law specifically for the
personalities that allow them to sue and be satisfaction of money judgment (Coscuella v. Court
sued of Appeals – irrigation project)
• Though they may be suable, the claim against
them must still be duly proven and shown to Commission on Audit
be their liability • Primary jurisdiction to examine, audit, and
settle all claims of any sort due from the
Liability Government or any of its subdivisions,
• If performing governmental functions – agencies, and instrumentalities (University
cannot be liable (Municipality of San of the Philippines v. Dizon)
Fernando v. Firme) • All money claims against the Government
• Private or proprietary in character, municipal must first be filed with them
corporation is liable for damages attributable
to the negligence of the municipality’s Sovereign Immunity, Foreign States, and
officers International Organizations
(Town fiesta – Torio v. Fontanilla) • A state could not exercise jurisdiction over
other states
Waiver of sovereign immunity does not amount to • A state cannot be sued in the courts of a
acknowledging liability foreign state (customary international law)
• Anchored on the Principle of the Sovereign
Suability – consent of state to be sued equality of states
Liability – applicable law and the established facts • Par in parem non habet imperium – an equal
has no power over an equal
It can never be held liable if it does not first consent
to be sued (Municipality of San Fernando v. Firme) Minucher v. Court of Appeals
• Scalzo worked for the United States Drug
If the State is proven to be liable, then that would Enforcement Agency and was tasked to
necessitate another consent on the part of the conduct surveillance of suspected drug
government activities within the country
• Where the State gives its consent to be sued • He is entitled to immunity from suit
by private parties either by general or special
law, it may limit the claimant’s action “only If the acts giving rise to a suit are those of a foreign
up to the completion of proceedings anterior government done by its foreign agent, although not
to the stage of execution” and that the power necessarily a diplomatic personage, but acting in
of the Courts ends when the judgment is his official capacity, the complaint could be barred
rendered by the immunity of the foreign sovereign from suit
• Since government funds may not be seized without its consent
under writs of execution or garnishment to
satisfy such judgment, is based on
In the case of Tubbataha Reefs, US respondents were
sued in their official capacity as commanding officers Diplomatic Immunity International Immunity
of the US navy. The alleged act was committed while • Members of the • International
they were performing official military duties. diplomatic staff of a immunities may be
Considering that the satisfaction of a judgment will mission may be appointed especially important
require remedial actions and appropriation of funds from among the nationals in relation to the State
from US, the suit is deemed to be one against the US of the receiving State only of which the official is
itself. with the express consent a national
of the State. Apart from • There is no sending
Executive Department inviolability and state and an equivalent
• Determines the diplomatic status and immunity from for the jurisdiction of
entitlement to diplomatic immunity jurisdiction in respect of the sending state has to
• Such exclusive declaration is not necessarily official acts, nationals found either in waiver
binding and conclusive only enjoy such of immunity or in
• The DFA’s determination that a certain immunities and privileges some international
person is covered by immunity is only granted by the receiving disciplinary or judicial
preliminary which has no binding effect in state procedure
courts (Liang v. People) • The immunity of a • Enjoys no similar
diplomatic agent from the protection
jurisdiction of the
Diplomatic International receiving state does not
• Right of the • Based on treaty or exempt him from the
sending state based conventional law jurisdiction of the sending
on customary state
international law • Effective sanctions which
• Customary secure respect for
international law diplomatic immunity are
places no the principle of
obligation on a reciprocity and the dancer
state to recognize a of retaliation by the
special state of an aggrieved state
international
official or to grant Privileges and immunities rest upon different legal
him immunities foundations
The privilege is not an immunity from the
observance of the law of the territorial sovereign of Diplomatic Envoy – Principle of Reciprocity
from ensuing legal liability, it is rather, an • A state is free to treat the envoy of another
immunity from the exercise of territorial state as its envoys are treated by that state
jurisdiction
International Organization
In regard to international organizations, some form of • Officials are appointed or elected to their
immunity is also recognized as attaching to them and position by the organization itself or by a
their personnel. competent organ
• Reason is to secure them legal and • Does not admit principle of reciprocity
practical independence in fulfilling their • Carries out functions in the interest of every
duties member state equally
Liang v. People Diplomat – functions in the national interest
• ADB – enjoys immunity from legal International official – functions carried out in the
process of every form international interest
• Bank’s officers – enjoy immunity of all
acts performed by their in their official Under the Vienna Convention on Diplomatic
capacity Relations
• ADB Charter and Headquarters
Agreement
• A diplomatic envoy is immune from criminal
jurisdiction of the receiving state for all acts, Bill of attainder – a usurpation of judicial power by
whether private or public the legislative body, it envisages and effects the
• Officials of international organizations enjoy imposition of a penalty not by the ordinary processes
functional immunities, only those necessary of judicial trial, but by legislative fiat
for the exercise of the functions of the
organization and the fulfillment of its It is settled that the conduct of the foreign relations of
purposes our government is committed by the Constitution to
the executive and legislative, and the proprietary of
what may be done in the exercise of this political
CHAPTER 3 power is not subject to judicial inquiry or decision
POWERS SEPARATE, BALANCED AND NON- (Arigo v. Swift)
DELEGABLE
In Belgica v. Ochoa, there is violation of the principle
Separation of powers is coupled with a system of of separation of powers when there is impermissible:
checks and balances. a. Interference of another’s functions
b. Assumption of another’s function
Principle of Non-Delegation of Powers
• Premise: What has been delegated should Ople v. Torres
not be further delegated (Potestas delegata • Declared that a comprehensive national ID
non delegare potest) system sought to be implemented by a mere
• Each branch must discharge and exercise its A.O was in violation of the separation of
powers and authority as its own responsibility powers
for which it is accountable and not try to pass • Such a system requires a delicate adjustment
it on to others of various contending state policies – national
• Otherwise, power that is entrusted to one security and the extent of privacy interest
authority may just end up being performed by • It deals with a subject that should be covered
other departments not intended to exercise it. by law
Separation of Powers (Separation and Kilusang Mayo Uno v. Director General, NEDA
Cooperation) • EO 420 applies only to government entities
• Governmental powers are distributed among that issue ID cards as part of their functions
• the three branches of government (Rufino v. under existing laws
Endriga) • Uniform data collection and format
• No one should unduly interfere with, or • President is merely ensuring that laws are
arrogate unto it, what has been entrusted to faithfully executed, those mandating cost-
others reduction, increased efficiency and
• Does not necessarily imply or mandate the improvement in public services
setting up of absolute walls
• The Constitution has provided for an What requires legislation
elaborate system of checks and balances to 1. Requires a special appropriation
secure coordination in the workings of the 2. Compulsory for all branches
various departments of the government 3. Requires the collection and recording of
personal data beyond what is required
In cases of conflict, the judicial department is the
only constitutional organ which can be called upon to The power to spend the public wealth resides in the
determine the proper allocation of powers between the Congress, not in the executive.
several departments and among the integral of
constituent units thereof (Angara v. Electoral Congress – power of the purse
Commission)
It is the President who proposes the budget but it is
In Endencia v. David, the Court declared that the “act Congress that has the final say on matters of
of interpreting the constitution or any part thereof by appropriations
the Legislature is an invasion of the well-defined and
established province and jurisdiction of the Judiciary” Judicial Function
• Interprets and applies the law
• Should not cross over into judicial legislation Checks and Balances
• Courts are simply to apply the law no matter • Process by which each branch of government
that they might have misgivings about it does its job also serves as a counterweight
and a check on the exercise of the powers and
1987 Constitution functions of other branches
• Rule making power of the Supreme Court • Relevant here would be the power of the
was expanded judiciary to determine the validity of other
• Power to promulgate rules concerning the branches acts through the power of judicial
protection and enforcement of constitutional review and its limitations as may be set out
rights through the so-called political question
• Power to disapprove rules of procedure of doctrine.
special courts and quasi-judicial bodies
• Took away the power of Congress to repeal, DELEGATION OF POWERS
alter, or supplement rules concerning
pleading, practice, and procedure Principle of Non-Delegation of Powers
• Premise: What has been delegated should
Policy determination – job for Congress not be further delegated (Potestas delegata
• Republic v. Silverio non delegare potest)
• It signifies the choice of the appropriate
But even as Congress may have declared public policy officials or institutions upon whom such
through laws, the same could not however trump the matters of important state business had been
Court’s authority to discipline its employees (Drug vested based on their sense of responsibility,
user – Office of the Court Administrator v. Reyes) accountability, and patriotism
• Thus, it could not just be exercised by
Executive, legislative and Judicial Privileges anybody else other than who was identified
• There are certain things which are not to be • Based on the principle that such delegated
disclosed to the others power constitute not only a right but a
duty to be performed
Communications and Deliberations Privileged

• While each branch, through the exercise of its
powers and prerogatives, serves as a check on
the other branches, there are certain things, Delegated Powers
however, which are not to be disclosed to the 1. Emergency powers to the president
others, things which are confidential and 2. Tariff powers to the president
must remain within the domain and private 3. Powers to local governments
enclave of such department 4. Subordinate legislation to administrative
• The information cannot be pried upon by a agencies
co-equal branch of government
The present Constitution expressly reserved to the
Doctrine of Executive Privilege people the power to legislate through initiative and
• Certain information as a matter of necessity referendum
be kept confidential in pursuit of the public
interest. Emergency Powers
• They belong to the legislature, and it is
Senate of the Philippines v. Ermita only by valid delegation, limited as to
• Executive Order No. 464 extent and time, that the President may
exercise them
• Executive privilege
• There may be occasions wherein the
Principle of Comity President would be in a better position to
respond in a timely manner to emergencies
• Practice of voluntarily observing inter-
and fast changing developments that are
departmental courtesy in undertaking their
critical to the welfare, safety, or security of
assigned constitutional duties for the
the nation.
harmonious working of government
• Delegation may be done during war or other • Concurrently, the tasking of the Tariff
national emergency. Commission under the SMA should be
• Allowing the President to exercise such likewise construed within the same context as
powers which are necessary and proper to part and parcel of the legislative delegation .
carry out a declared national policy for a • DTI and Tariff Commission may be regarded
limited period as agents of Congress within their limited
• Subject to restrictions prescribed by respective spheres (Southern Cross Cement
Congress Corporation v. Cement Manufacturers Assoc.
• Duration: if Congress does not expressly of the Philippines)
take back the powers by means of a
resolution, the same shall cease upon its Local Governments
next adjournment. • They may exercise police power under the so
called General Welfare Clause
Araneta v. Dinglasan • The power of eminent domain
• Issue of limited period • The power to tax
• Emergency powers are temporary or it • Since the powers are not inherent in the local
cannot be said to be an emergency governments, then they must be exercised in
accordance and in conformity with national
Tariff Powers laws and policies set out by Congress
• Congress may not be able to act with • Creation of new provinces and cities are not
dispatch to respond to ever changing allowed
developments in international trade and o The court said that this could only be
commerce done by the national legislature, not
• Allow the Chief Executive the ability to by local governments since it entails
exercise some authority to make necessary indirectly the creation of new
or desirable adjustments in tariff rates and legislative districts (Sema v.
other trade concerns COMELEC)
Certain guidelines in allowing the President to Administrative Agencies and Subordinate

exercise tariff powers Legislation
• The Constitution provided certain guidelines • With the development of administrative
such as spelling out specified limitations and agencies, they have also been vested not only
restrictions with part of the legislative prerogative but
• The same be within the framework of the also have increasingly been allowed to
national development program of the exercise also a limited amount of power to
Government adjudicate
Further, the power may be delegated not to the Delegated administrative rule-making authority to
President directly all the time. It may also be implementing agencies
entrusted to the appropriate functionaries in the • Are for the limited purpose of either filing up
executive department, the details of the law for its enforcement
(supplementary rule-making)
The court recognizes that the authority delegated to the • Ascertaining facts to bring the law into actual
President may be exercised, in accordance with operation
legislative sanction, by the alter egos of the President.
Administrative Agencies
Indeed, for purposes of the President’s exercise of 1. Quasi-legislative
power to impose tariffs, it is generally the Secretary 2. Quasi-judicial
of Finance who acts as alter ego of the President.
• The SMA provides an exceptional instance Congress has also delegated to administrative
wherein it is the DTI or Agriculture Secretary agencies certain regulatory powers it has
who is tasked by Congress, in their capacities • Philippines Airlines Inc. v Civil Aeronautics
as alter egos of the President, to impose such Board
measures
Test for Valid Delegation
• Both tests are intended to prevent a total CHAPTER 4
transference of legislative authority to the STATE PRICIPLES AND POLICIES
delegate, who is not allowed to step into the
shoes of the legislature and exercise a power Preamble
essentially legislative - Could be a helpful guide in trying to
understand what this primordial document in
1. Completeness Test a state may aim to accomplish, an eye-opener
a. Be complete in itself – it must set of sorts giving an idea as to what may follow
forth therein the policy to be - It may not be a source of rights and
executed, carried out or obligations, but it sheds light on how the
implemented by the delegate substantive provisions of the Constitution
2. Sufficiency Standard Test mean and mandate
a. To fix a standard – the limits of - In Imbong v Ochoa it was stated that in
which are sufficiently determinate recognition of the contributions of religion to
or determinable – to which the society, the 1935, 1973, and 1987
delegate must conform in the constitutions contain benevolent and
performance of his functions accommodating provisions towards religions
such as tax exemption of church property,
Pelaez v. Auditor General salary of religious officers in government
• The eminent legal doctrine enunciated in institutions, and optional religious
Pelaez was that the President was then, and instructions in public schools
still is, not empowered to create
Republicanism
municipalities through executive issuances
- Section 1, Article II explicitly proclaims a
(Camid v. Office of the President)
basic and fundamental tenet of Philippine
society – that it is a democratic and
Curative Laws – aimed at giving validity to acts done
republican state. Sovereignty resides in the
that would have been invalid under existing laws, as if
people and all government authority
existing laws have been complied with (Section 442
emanates from them
(d) of the Local Government Code)
- Chief Justice Puno, in his dissenting opinion
in Anakbayan Citizens Action Party
Municipal districts “organized pursuant to
(Akbayan) v Aquino, pointed to the
presidential issuances or executive orders and which
relevance and import of the provision
have their respective sets of elective municipal
declaring the Philippines a “democratic and
officials holding office at the time of the effectivity of
republican state”
the Code shall henceforth be considered as regular
- Republicanism essentially means
municipalities”
representation, transparency and
accountability
Other Considerations
- “A transparent government is one of the
• The principle of non-delegation of powers is
hallmarks of a truly republican state” (Senate
applicable to all the three major powers of the
of the Philippines v Ermita)
Government but is especially important in the
- The cornerstone of this republican system of
case of the legislative power because of the
government is delegation of power by the
many instances when its delegation is
people to the State. In this system,
permitted.
governmental agencies and institutions
operate within the limits of the authority
The courts could not abdicate their judicial power
conferred by the people (Valmonte v
in favor of other agencies
Belmonte, Jr.)
• In Lina v. Purisima, the judge was taken to
- A republican government is a responsible
task by the Supreme Court for abdication of
government whose officials hold and
judicial prerogatives when he deferred to
discharge their position as a public trust and
presidential fiat withdrawing from the
shall, according to the Constitution, ‘at all
judiciary certain subject matters during
times be accountable to the people’ they are
martial law.
sworn to serve. The purpose of a republican
government it is almost needless to state, is
the promotion of the common welfare
according to the will of the people themselves society could rely on, then citizens could be
(Naval v Commission on Elections) subjected to the arbitrary and whimsical
- Republicanism also signifies rule of law – exercise of power
that ours is a government of laws and not of o A mayor, for instance could not
men - the conduct of periodic elections as a simply try to cleanse his city of
means of ascertaining the popular will, the street walkers by summarily
existence of a Bill of Rights, observance of deporting them to a faraway place in
the rule off the majority, the presence of the a manner not sanctioned by law
principle of separation of powers, together (Villavicencio v Lukban)
with its accompanying system of checks and o Nor could a government official
balances, as well as a means to ensure the disapprove the appointment of
accountability of public officers female employees as street sweepers
- A republican state treats every citizen as a simply because of his personal
“particle of sovereignty” (Santiago v notions – unsupported by any law –
COMELEC) entitled to his own voice and a as to the proper place where women
chance to participate in decision-making, as should be (Villegas v Subido)
part of the electorate, or as an official in o It was also held that a reservation by
government the State officials of the power to re-
- In Maquera v Borra, the Court declared as arrest a person for an offense “is
invalid R.A. 4421 which required candidates repugnant to the government of laws
to file a bond equivalent to one-year salary and not of men” principle. Under
for the office for which they run for since the this principle the moment a person
same would be violative of the republican is acquitted on a criminal charge he
nature of the Philippines can no longer be detained or re-
o Said property qualifications are arrested for the same offense
inconsistent with the nature and (Toyoto v Ramos)
essence of the Republican system - Even a president who had assumed legislative
ordained in our Constitution and the powers was still subject to the laws that he
principle of social justice underlying enacted. Accordingly, he could not in an
the same, for said political system is informal manner - by way of a marginal note
premised upon the tenet that instead of an amendment of the laws –
sovereignty resides in the people approve the recommendation for grant of
and all government authority amnesty to people not otherwise covered by
emanates from them and this, in the pertinent Presidential Decrees he had
turn, implies necessarily that the earlier promulgated (Macaga-an v People)
right to vote and to be voted for shall - A government of laws, not of men, excludes
not be dependent upon the wealth of the exercise of broad discretionary powers by
the individual concerned, whereas those acting under its authority. Under this
social justice presupposes equal system, judges are guided by the Rule of
opportunity for all, rich and poor Law, and ought “to protect and enforce it
alike, and that, accordingly, no without fear of favor”, resist encroachments
person shall, by reason of poverty, by governments, political parties, or even the
be denied the chance to be elected to interference of their own personal beliefs
public office (People v Veneracion)
- This Court had long state that “upholding the
sovereignty of the people is what democracy International Law, Independence and
is all about. When the sovereignty of the Interdependence
people expressed thru the ballot is at stake, it - The Philippines renounces war as an
is not enough for this court to make a instrument of national policy, adopts the
statement but it should do everything to have generally accepted principles of international
that sovereignty obeyed by all. Well done is law as part of the law of the land and adheres
always better than well said (Regio v to the policy of peace, equality, justice,
COMELEC) freedom, cooperation, and amity with all
- If the people could be subjected to the nations (Article II Section 2, Constitution)
personal predilections of those in power not o It does not mean that the Philippines
guided nor checked by a set of rules by which would not defend itself if attacked.
What is ruled out is aggressive, not or executive action (Cudia v Superintendent
defensive war of the Philippine Military Academy)
- Doctrine of Incorporation - A retiree who had lost his Filipino citizenship
o The incorporation method applies already renounced his allegiance to the state.
when, by mere constitutional Thus, he may no longer be compelled by the
declaration, international law is state to render compulsory military service
deemed to have the force of when the need arises (Parreno v COA)
domestic law
- Doctrine of transformation Separation of Church and State
o The transformation method requires - The principle of separation of Church and
that an international law be State is based on mutual respect. Generally,
transformed into a domestic law the State cannot meddle in the internal affairs
through a constitutional mechanism of the church, much less question its faith and
such as local legislation dogmas or dictate upon it. It cannot favor one
- Jus cogens (compelling law) religion and discriminate against another. On
o A jus cogens norm holds the highest the other hand, the church cannot impose its
hierarchical position among all beliefs and convictions on the State and the
other customary norms and rest of the citizenry. It cannot demand that the
principles nation follow its beliefs, even if it sincerely
o As a result, jus cogens norms are believes that they are good for the country
deemed ‘peremptory and non- - Consequently, the petitioners are misguided
derogable’ in their supposition that the State cannot
o When applied to international enhance its population control program
crimes, jus cogens crimes have been through the RH Law simply because the
deemed so fundamental to the promotion of contraceptive use is contrary to
existence of a just international legal their religious beliefs
order that states cannot derogate o Indeed, the State is not precluded to
from them, even by agreement pursue its legitimate secular
(Bayan Muna v Romulo) objectives without being dictated
- Under the doctrine of incorporation as upon by the policies of any one
applied in most countries, rules of religion
international law are given a standing equal, o One cannot refuse to pay his taxes
not superior to national legislation (Lim v simply because it will cloud his
Executive Secretary) conscience. The demarcation line
between Church and State demands
Peace and Order, Public Safety and Security, and that one render unto Caesar the
Civilian Supremacy things that are Caesar’ and unto God
- For a government to effectively carry out its the things that are God’s (Imbong v
undertaking to provide a viable and workable Ochoa, Jr)
society where its inhabitants are secured in - Without a doubt, classifying a food product
their persons, homes and property, aside from as halal is a religious function because the
ensuring that they fully enjoy the blessings of standards used are drawn from the Qu’ran
independence and democracy, it must have and Islamic beliefs. By giving OMA the
the means to provide security, peace, and exclusive power to classify food products as
order halal, EO 64 encroached on the religious
- No one is above the law, including the freedom of Muslim organizations like herein
military. In fact, the present Constitution petitioner to interpret for Filipino Muslims
declares it as a matter of principle that what food products are fit for Muslim
civilian authority is, at all times, supreme consumption. Also by arrogating to itself the
over the military. Consistent with the task of issuing halal certifications, the State
republican system of checks and balances, has in effect forced Muslims to accept its own
the Court has been entrusted, expressly or by interpretation of the Qu’ran and Sunnah on
necessary implication, with both the duty and halal food (Islamic Da’wah Council of the
the obligation of determining, in appropriate Philippines, Inc, v Office of the Executive
cases, the validity of any assailed legislative Secretary)
o In accordance with this separation, through the maintenance of a proper
the courts do not have jurisdiction to economic and social equilibrium in
look into the excommunication or the interrelations of the members of
expulsion of members from their the community, constitutionally,
church or religious organization through the adoption of measure
(Taruc v Dela Cruz) legally justifiable, or extra-
o However, if such minister or pastor constitutionally, through the
is considered an employee of the exercise of powers underlying the
church, then his dismissal may be existence of all governments on the
inquired into by secular tribunals time-honored principle of salus
(Austria v. NLRC) populi est suprema lex
- In Velarde v SJS , the constitutionality of the - Separation pay shall be allowed as a measure
alleged practices of religious organizations of social justice only in those instances where
and individuals in influencing the electoral the employee is validly dismissed for causes
process through endorsement of political other than serious misconduct or those
candidates was raised. The Court did not rule reflecting on his moral character (Philippine
on the merits, however, since it found that Long Distance Telephone Company v
there were procedural obstacles that had not NLRC)
been overcome - It has also been said that social justice “is not
- Not all acts done by those who are priests, equality but protection” (Ondoy v Ignacio),
bishops, ustadz,imams, or any other religious and that compassion for the poor is an
make such act immune from any secular imperative of every humane society but only
regulation. The religious also have a secular when the recipient is not a rascal claiming an
existence. They exist within a society that is undeserved privilege (Cecilleville Realty and
regulated by law. The Bishop of Bacolod Service Corporation v CA)
caused the posting of the tarpaulin. But not all
acts of a Bishop amounts to religious Human dignity and Human Rights
expression (Diocese of Bacolod v - The concept of human rights seems to closely
COMELEC) identify the term to the universally accepted
o The position of the Catholic religion traits and attributes of an individual, along
in the Philippines as regards the RH with that is generally considered to be his
Law does not suffice to qualify the inherent and inalienable rights (Simon v
posting by one of its members of a CHR)
tarpaulin as religious speech solely - In Mejoff v Director of Prisons, the court, in
on such basis granting bail to a prospective deportee, held
o The enumeration of candidates on that under the Constitution, the principles set
the face of the tarpaulin precludes forth in that Universal Declaration of Human
any doubt as to its nature as speech rights are part of the law of the land
with political consequences and not - Relative to the value placed on the dignity of
religious speech trhe human person and the respect for his
human rights, Congress has enacted the Anti-
Social Order, Public Welfare and Social Justice Torture Act of 2009 and the Philippine Act on
- A classic definition of social justice has been Crimes Against International Humanitarian
made in Calalang v Williams – Social Justice Law and Other Crimes against humanity
is “neither communism, nor despotism, nor
atomism, nor anarchy”, but the humanization Family and Youth
of laws and the equalization of social and - Article XV of the Constitution “recognizes
economic forces by the State so that the marriage as an inviolable social institution
justice in its rational and objectively secular and that our family law is based on the policy
conception may at least be approximated. that marriage is not a mere contract, but a
o Social Justice mean the promotion social institution in which the State is vitally
of the welfare of all the people, the interested (Ronulo v People)
adoption by the Government of - “The clear and unequivocal intent of the
measures calculated to insure framers of the 1987 Constitution in protecting
economic stability of all the the life of the unborn from conception was to
component elements of society, prevent the Legislature from enacting a
measure legalizing abortion. It was so clear o It has long been recognized that the
that even the Court cannot interpret it regulation of this filed is a
otherwise. (Imbong v Ochoa, Jr.) reasonable method of protecting the
- Marriage and family are “institutions that this health and safety of the public to
society looks to for the rearing of our protect the public from the
children, for the development of values potentially deadly effects of
essential to the survival and well-being of our incompetence and ignorance among
communities, and for the strengthening of our those who would practice medicine.
nation as a whole (Macarrubo v Macarrubo) The same rationale applies in the
- “The State cannot, without a compelling state regulation of the practice of
interest, take over the role of parents in the radiologic and x-ray technology (St.
care and custody of a minor child, whether or Luke’s Medical Center Employee’s
not the latter is already a parent or has had a Association-AFW v NLRC)
miscarriage (Imbong v Ochoa, Jr.) - The government was justified in ohasing out
commercial blood-banks since it was
Women and Gender Equality detgermined that blood sold by persons to
- Women are the usual and most likely victims commercial blood banks were three times
of violence. While there are, indeed, more likely to have any of the 4 tested
relatively few cases of violence and abuse infections or blood transfusion transmissible
perpetrated against men in the Philippines, diseases, namely, malaria, syphilis, Hepatitis
the same cannot render R.A. 9262 invalid B and AIDS than those donated to Red Cross
(Garcia v Drilon) (Beltran v Secretary of Health)
- Consistent with the greater need to protect the - While the right to a balanced and healthful
interest of women, the Court has also adopted ecology is to be found under the Declaration
the policy of not indicating the name of the of Principles and State Policies and not under
victims of sex crimes, holding, among others, the Bill of Rights, it does not follow that it is
that in view of recent enactments which less important than any of the civil and
unequivocally express the intention to political rights enumerated in the latter
maintain the confidentiality of information in o As a matter of fact, these basic rights
cases involving violence against women and need not even be written in the
their children, in this case and henceforth, the Constitutions for they are assumed
Court shall withhold the real name of the to exist from the inceptions of
victim-survivor and shall use fictitious humankind (Oposa v Factoran, Jr.)
initials instead to represent her (People v - Writ of Kalikasan
Cabalquinto) o A remedy available to a natural or
Right to Health and Healthful Ecology juridical person, entity authorized
- The promotion of public health is a by law, people’s organization, non-
fundamental obligation of the State. The governmental organization, or any
health of the people is a primordial public interest group accredited by
governmental concern (Beltran v Secretary or registered with any government
of Health) agency, on behalf of persons whose
- While the right of workers to security of constitutional right to a balanced
tenure is guaranteed by the Constitution, its and healthful ecology is violated, or
exercise may be reasonably regulated threatened with violation buy an
pursuant to the police power of the State to unlawful act or omission of a public
safeguard health, morals, peace, education, official or employee, or private
order, safety, and the general welfare of the individual or entity, involving
people environmental damage of such
o Consequently, persons who desire magnitude as to prejudice the life,
to engage in the learned professions health or property of inhabitants in
requiring scientific or technical two or more cities or provinces
knowledge may be required to take - Writ of Continuing Mandamus
an examination as a prerequisite to o Comes into play when any agency
engaging in their chosen careers or instrumentality of the
government or officer thereof
unlawfully neglects the
performance of an act which the law Government-prescribed responsibilities; they
specifically enjoins as aa duty must also impose upon themselves the duty,
resulting from an office, trust or borne out of a social conscience, to properly
station in connection with the help fellow citizens sent abroad to work for
enforcement or violation of an foreign principals
environmental law rule or regulation o They must keep in mind that this
or a right therein, or unlawfully country is not exporting slaves but
excludes another from the use or human beings, and, above all, fellow
enjoyment of such right and there is Filipinos seeking merely to improve
no other plain, speedy, and adequate their lives (Asia World Recruitment
remedy in the ordinary course of law Inc. v NLRC)
o The writ “permits the court to retain - Industrial peace cannot be achieved if the
jurisdiction after judgment in order employees are denied their just participation
to ensure the successful in the discussion of matters affecting their
implementation of other reliefs rights. Thus, even before Article 211 of the
mandated under the court’s Labor Code was amended by R.A. No. 671,
decision” and, in order to do this, it was already declared a policy of the State:
‘the court ma y compel the “(d) To promote the enlightenment of
submission of compliance reports workers concerning their rights and
form the respondent government obligations as employees” (Philippine
agencies as well as avail of other Airlines Inc. v NLRC)
means to monitor compliance with - While the Constitution is committed to the
its decision (Boracay Foundation policy of social justice and the protection of
Inc v Province of Aklan) the working class, it should not be supposed
- A government agency’s inaction, if any, has that every labor dispute would automatically
serious implications on the future of be decided in favor of labor justice – justice
environmental law enforcement. Private is in every case for the deserving, to be
individuals, to the extent that they seek to dispensed in the light of the established facts
change the scope of the regulatory process, and the applicable law and doctrine (Leyte
will have to rely on such agencies to take the Electric Cooperative Inc. v Leyeco IV
initial incentives, which may require a Employees Union – ALU)
judicial component. Accordingly, questions
regarding the propriety of an agency’s action Self-Reliant and Independent National Economy
or inaction will need to be analyzed (Boracay - As an independent and sovereign State, the
Foundation Inc. v Province of Aklan) country has to be guided by its own national
interest, not subordinated to those of other
Priority to Education, Science, Technology, Arts, States. The country must not be dictated upon
Culture, and Sports by others for obviously their own interest.
- It is time indeed that the State took decisive And it goes without saying that the national
steps to regulate and enrich our system of economy must be effectively controlled by
education by directing the student to the the citizens themselves
course for which he is best suited as
determined by initial tests and evaluations. Private Enterprise
Otherwise, we may be “swamped with - The government could not possible undertake
mediocrity”, in the words of Justice Holmes, all conceivable projects or programs needed
not because we are lacking in intelligence but for the advancement of the country. It also
because we are nation of misfits (Department needs the participation and contribution of
of Education, Culture, and Sports v San the private sector
Diego) - Legitimate enterprises enjoy the
constitutional protection not to be taxed out
Labor as Primary Social Economic Force of existence. Incurring losses because of a tax
- The need for strict enforcement of the law as imposition may be an acceptable
well as rules and regulations governing consequence but killing the business of an
Filipino contract workers cannot be over- entity is another matter and should not be
emphasized. Filipino recruiting agencies allowed. It is counter-productive and
must not only faithfully comply with the ultimately subversive of the nation’s thrust
towards a better economy which will Local Government Autonomous
ultimately benefit the majority of our people - National government should leave the local
(Philippine Health Care Providers Inc. v government units to run their own affairs
Commission of Internal Revenue) with minimum supervision. These
institutions are better equipped to deal with
Rural Development their concerns
- While there could industrialization and
encouragement of the business sector, the Public Service, Political Dynasties, Transparency
rural areas must similarly move forward. And and Accountability
this would also include agrarian reform as a - The opportunity of every citizen willing and
means to advance the lives and welfare of able to be in public service must be made
those who toil in the soil, with the aim of available. To the extent that the access to
eventually having them stay in a piece of land public office and service is restricted or
they could proudly call their own otherwise constricted by any means to
concentrate powers in the hands of a few
Indigenous Cultural Communities especially entrenched families, to that extent
- The Philippines is not a society of only one may the idea of participatory democracy be
type or classification of citizens. There are defeated and rendered illusory
also who may only be in the background but - The problem with the provision, however, is
who have been far longer in the land than the the fact that even as it ostensibly prohibited
majority of the population. These are the political dynasties, it left its definition to be
indigenous peoples who have to be likewise determined but a Congress largely dominated
recognized and their interests adequately by dynasties of every color
addressed too, especially if they have been - With regard to equal opportunities to public
dispossessed in the past office, the court said in one case that there is
Non-Government Organizations no absolute constitutional right to run for or
- Part of participatory democracy is the hold public office, especially that for the
encouragement of all stake holders to have a presidency. Accordingly, nuisance
part or a voice in the affairs of the State. candidates may properly be weeded out from
Among those who could have such role the field if only to ensure that the electoral
would be non-government organizations process is not subjected to mockery by those
which are similarly interested in the not really that serious to seek public elective
promotion o0f the welfare of the nation office (Pamatong v COMELEC)
- Organizations could also contribute to - In order that the people know how to exercise
nation-building by their advocacies which, their right as particles of sovereignty, they
while not dependent on the government for must know and see what is happening in
support, may run parallel in their objectives government. Part of that transparency is the
of promoting general welfare, or specialized publication of vacancies in the government
causes offices (Sales v Carreon, Jr.)
- It is needless to say that the power to govern
Communication and Information is a delegated authority from the people who
- An informed citizenry with access to the hailed the public official to office through the
diverse current in political, moral, and artistic democratic process of election. His stay in
thought and data relative to them, and the free office remains a privilege which may be
exchange of ideas and discussion of issues withdrawn by the people should he betray his
thereon, is vital to the democratic oath of office. Thus, he must not frown upon
government envisioned under our accountability checks which aim to show
Constitution how well he is performing his delegated
- Related to this is the constitutional guarantee power. For, it is through theses mechanisms
of freedom of expression, the right to of transparency and accountability that he is
information on matters of public concern, as able to prove to his constituency that he is
well as the provisions on communication worthy of the continued privilege
structures suitable to the needs and (Villafuerte Jr. v Robredo)
aspirations of the nation and the balanced
flow of information
CHAPTER 5 1. Principle against enactment of
LEGISLATIVE DEPARTMENT irrepealable laws
Congress ● Congress cannot prevent
- basic and primordial function is to provide itself or succeeding
the laws and regulations by which the affairs lawmakers from amending
and other concerns of the country are or repealing the same
addressed and provided for ● In the cases of City of
- Collective deliberative body designed to Davao and Kida, the Court
create policy through laws held that while
- Responsible for conducting the canvass of the supermajority is not a total
results of presidential elections ban, it is a limitation in
- Has authority to declare the existence of war eccentric of what the
- Has concurrence in the grant of amnesties Constitution requires to
- Can override the suspension of the privilege pass a bill and that it
of habeas corpus or the declaration of martial constructs the future
law legislators’ room for action
- Can override choices of the president for and flexibility
certain positions (through the CoA)
- Can concur ratification of treaties (through Composition of Congress
the Senate) - 2 Houses
- Can propose amendments or revisions to the 1. Senate
Constitution ● 24 members elected at large
- Each House acts as the sole judge of all he nationwide
contests relating to election, returns, and 2. House of Representatives
qualifications of their members (through ● District representatives - elected
electoral tribunals) from districts; each province and
- Can determine the rules of proceedings and each city with a population of at
the discipline of its members least 250,000 inhabitants shall
- Has implied power to cite in contempt have one representative
persons who refuse to cooperate ○ Gerrymandering -
- Create legislative districts (cannot be apportionment of
delegated to an autonomous region representative districts so
legislative body) contrived add to give an
unfair advantage to the party
Legislative power in power; prohibited
- Authority to make laws and to alert and ● Party-list representatives - elected
repeal them nationwide; representing
- Embraces all subjects and extends full qualified national, regional and
matters of general concern or common sectoral parties or organizations;
interest constitute 20% of HoR
- Power includes:
1. Raising revenues through taxation Legislative Apportionment
2. Expenditure of public funds through - Determination odd number of representatives
appropriation laws may send to a legislative body
3. Expropriation - Allocation of seats in a legislative body in
● Authority to take private property proportion to the population
for public use with a payment of just - Drawing of voting district lines to equalize
compensation population and voting power among the
districts
Limitations on Legislative Power Reapportionment
- Inherent limitations: - Realignment or change in legislative districts
1. Doctrine of separation of powers brought by changes in pollination and
2. Principle of non-delegability of mandated by the constitutional requirement
legislative powers of equality of representation
- Intrinsic limitations: Plebiscite - not needed for the creation of legislative
district since it is only a creation of a representative
unit not a political or territorial subdivision or - In PGBI, the Court held that failure to
corporate unit obtained 2% of the votes and failure to
participate in two preceding elections are
Party-list System separate grounds and could not be combined
- Innovation by the 1987 Constitution to delist a party
- Party-list System Act (RA 7914) - In COCOFED-Philippine Coconut Producers
- Party or organization or coalition is the one Federation, it held that failure to submit the
elected but their nominees get to sit as list of 5 nominees before the election
members (the Comelec is not required to put warrants the cancellation of registration
the names of the nominees in the Certified list - Grounds to substitute a nominee:
but it's also not authorized to withhold it) 1. Nominee dies
- a party should at least receive 2% of the total 2. Nominee withdraws in writing his
votes cast for the party-list system nomination
- Each party, organization or coalition is not 3. Nominee becomes incapacitated
entitled to more than 3 seats - In Lokin, the Court held that COMELEC
- 20% seats allocated does not necessarily have cannot add another ground such as
to be filled, it is merely a ceiling withdrawal by the party
- In BANAT, the Court struck down the 2% - The absence of an opposition to a petition for
rule in relation to the distribution of registration cannot bar any interested party
additional seats as it presents an unwarranted from questioning the qualifications of a group
obstacle to the full implementation of Section
5 (2), Article VI of the Constitution Qualification of Members
- R.A. 7914 does not require national and 1. Citizenship - natural born during their entire
regional parties/organizations to represent the tenure
marginalized and underrepresented sectors 2. Age - (Senate) at least 35 yrs old; (HoR) at
because to requires them this is to deprive and least 25 yrs old
exclude ideology- based and cause-oriented 3. Literacy - able to read and write
party-list system 4. Registered voter
- Marginalized and underrepresented 5. Philippine residency - (Senate) not less than
sectors 2 yrs; (HoR) not less than 1 yr
- labor, peasant, fisherfolk, * these qualifications are exclusive and could not be
urban poor, indigenous added to such as requirement to be drug-free (case of
communities, handicapped, Social Justice Society)
veterans, OFWs, etc.
- Below middle class; fall in low Term of Office and Term Limits
income group Senators
- In Atong Paglaum, the Court held that - 6 yrs on a staggered basis
according to section 5(1), the national and - Each set of 12 senators end their
regional parties are separate from sectoral term 3 yrs apart
parties - One set ends its term 3 yrs after the
- 3 different groups of party-list first set and the first ending three yrs
1. National after
parties/organizations - Limited to 2 successive terms
2. Regional HoR members
parties/organizations - 3 yrs
3. Sectoral - All terminating at the same time
parties/organizations (need - Limited to 3 consecutive terms
to represent any particular
sector) ● the term office for members of Congress
- Requirement of representation and begins at noon on the 30th day of June next
membership: must be a bona fide member of following their election (which is on 2nd
the party which he seeks to represent monday of May)
- The Court held in Ang Ladlad LGBT Party ● voluntary renunciation of the office for any
that morality as a gauge to WON or a to length of time shall not be considered as an
register a party should be based on the secular interruption in the continuity of his service
not religious idea of morality for the full term in which he is elected
● in case of vacancy, special election may be to each House’s prerogative to punish its own
called to fill in such vacancy and the elected member
shall only serve the unexpired term
Disclosures, Inhibitions and Disqualifications
Emoluments Disclosures:
- salaries of the members are determined by the 1. Make a full disclosure of their financial and
law business interests upon assumption of office
- Limitation: no increase in said 2. Notify the House concerned of potential
compensation shall take eff conflict of interest that may arise from the
economic t until expiration of the filing of a proposed legislation of which they
full term of all members approving are authors
such increase Inhibitions:
1. Prohibited from personally appearing as
Parliamentary Privileges and Immunities counsel before any court of justice or before
- Enable the members of Congress to do their the Electoral tribunals, or quasi-judicial and
job unhampered and with relative freedom other administrative bodies to avoid taking
1. Privilege from arrest undue advantage of their positions
- Would only extend to offenses not 2. Precluded from directly or indirectly being
punishable by not more than 6 yrs interested financially in any contract with, or
imprisonment while Congress is in in any franchise or special privilege granted
session by the Government or subdivision, agency or
- (Case of Jalosjos) Members charged with instrumentality thereof including government
offenses punishable by more than 6 yrs owned or controlled corporations
imprisonment (non-bailable offense) 3. Should not intervene in any matter before any
cannot claim a privilege to fully discharge office of the government for their pecuniary
his duties such as attendance at legislative benefit
sessions and committee hearings
2. Privilege of speech and debate Prohibited Offices
- Would only extend while Congress is in Incompatible offices
session - office which an office or position in the
- if done or uttered outside or beyond such Government which a member may not hold
official legislative acts, the member may be simultaneously with his legislative office
held liable - If he wants to hold such office, he would have
- (case of Cabangbang) an open letter to the to forfeit his seat in Congress
President while the cause is not in session - (Case of Liban) Gordon’s position in
and which was published in several Philippine National Red Cross is not an
newspapers is not included on this incompatible office as it is a private
immunity organization performing public functions
- Written in the constitution to protect the Forbidden offices
integrity of the legislative process by - Cannot be accepted or occupied by a member
ensuring the independence of legislators of congress no matter that he may be willing
- This privilege may extend to their aides to give up his seat in Congress
(treated as their alter egos) to enable them - Disqualification lasts for entire duration of
to resist having to disclose or explain his term
certain things related to the legislative - Office has been created or whose
work of their principal emoluments has been increased during the
- Republication classified papers is not term for which the member was elected
entitled to immunity under this privilege - Thus, he cannot cut short his term and opt for
- (Case of Pobre) Senator (Santiago) may not a position in this office
be made to account for calling High - Prohibition is to prevent members from
Tribunal a “Supreme Court of idiots” in a creating an office or increasing compensation
privilege speech to which they can transfer and benefit
themselves
● Note that the member may be made to
account by his own peers in Congress and Organizational Structure and Sessions of Congress
accordingly sanctioned as warranted pursuant
● Congress is mandated by the Constitution to ● Each House shall adopt its own internal rules
convene once every year on the 4th Monday and the discipline of its members for
of July for its regular sessions disorderly behavior
● Regular session shall continue for such ● Possible sanctions according to the Court:
number of days as it may determine until 30 ○ Censured
days before the opening of its next regular ○ Committed to prison
session (exclusive of Saturday, Sundays, and ○ Suspended
legal holidays) ○ Expelled by the votes of their
● The President may also call a special session colleagues
any time ● Unparliamentary remarks can be ordered
● Heads: - elected by majority vote of all their deleted
respective members ● Congress cannot exclude a member-elect
○ Senate - Senate President who meets all constitutional requirements for
○ House - House Speaker membership
● Other officers may also be chosen if deemed ● Constitution provides parameters to the
necessary disciplinary authority of Congress:
● (Case of Santiago) the Court held that the ○ Suspension - two-thirds vote of all
Constitution is dead silent on the manner of members of each house and should
selecting the other officers in both chambers not last 60 days
of Congress; method of choosing such ○ Expulsion - two-thirds vote of all
officers must be prescribed by the senate members of each house
itself not the Court ● (Case of Dimaporo) A member can lose his
● Quorum seat based on a ground that he filed his
○ Number of members of body which certificate of candidacy for another office
will enable the body to transact its ● (Case of Santiago) The court still has
proper business authority to impose preventive suspension
○ Number which makes a lawful body given that it is related to a criminal charge and
and gives it power to lass upon a law so it does not impinge on the prerogative of
or ordinance or do any valid act the legislature
○ needed for each House to conduct
business Legislative Journals and Records
○ (Case of Avelino) the Court Journal
excluded from the computation of - Published from time, excepting parts
members who was outside of the affecting national interest, as determined by
Philippines and therefore beyond the legislative body
the coercive process of compelling - Yeas and nays on any question shall be
members to attend entered at the request of one-fifth of the
● Each House determines the rules of its members present but this is required for if it
proceedings and the internal rules for is on the final reading of the bill
compliance therein; as these are procedural, - Yeas and nays upon re-passing a vetoed bill
the courts have no concern about them by the President and the President's objection
● Neither House during sessions of Congress to such vetoed bill shall also be entered into
shall adjourn for more than 3 days without the this
consent of the other - Summary of the proceedings
○ To ensure that neither house may be Record
able to hold up the legislative - Verbatim transcript of the deliberations
business of the government Enrolled bill doctrine
● Congress must function as one not two - Signing of a bill by the Speaker of the House
disparate and disjointed chambers and the Senate President and the
● During regular sessions, Congress may go certicafication but the secretaries of both
into voluntary recess Houses of Congress that it was passed on a
● Mandated recess 30 days before the opening certain date are conclusive of its due
of the next regular session - COMPULSORY enactment
Discipline of Members Electoral Tribunals and the Commission on

Appointments
- The Constitution provides for the constitution ○ 6 members of the
of the HRET, SET and CoA within 30 days Senate/HoR
after the organization of the Senate and HoR - Has the authority to prescribe their own
with the election of the President and the internal rules
Speaker - Created to function as nonpartisan courts
Commission on Appointments although two-thirds of their members are
- Shall meet only while the Congress is in politicians
session, to discharge such powers and - Jurisdiction to hear and decide congressional
functions as are herein conferred upon it election contests is not to be shared with
- Independent from the Congress legislature or with the courts
- Cannot be subject to the control of the - (Case of Bondoc) Expulsion of an electoral
legislative body member for alleged party disloyalty as an
- Composition: invalid basis and a violation of his security of
1. Senate president as ex officio tenure
Chairman - (Case of Reyes) jurisdiction of electoral
2. 12 senators tribunals begins only after the candidate is a
3. 12 members from HoR member of Congress in that:
- Acts on all appointments submitted to it 1. There is a valid proclamation
within 30 session days from their submission 2. There is a proper oath
- Shall rule by majority vote; Chairman only 3. There is assumption of office
votes in case of a tie - Before such, Comelec still retains jurisdiction
- Not an agent of the Congress - Do not have authority to review the decisions
- Functions are purely executive in nature of the Comelec (belongs to SC)
- Tenure is provided with a certain measure of
stability to ensure the necessary freedom of Legislative Hearings, Inquiries and Investigations
action - May conduct hearings generally in the form
- A political party or coalition must have at of inquiries in aid of jurisdiction or through
least 2 senators in the senate to be able to so called question hour where Congress may
have a representative in the CoA and where try to discover or seek the disclosure of other
there are more than 2 political parties in the relevant matters or information about the
senate, a political party or coalition with a operation of the government and the
single senator cannot constitutionally claim a implementation
seat in CoA Question of hour
Electoral tribunals - Period of confrontation initiated by the
- Separate and from and independent of the parliament to hold the prime minister and the
legislature other ministers accountable for their acts and
- There is express lodging of the power to be the operation of the government
the sole judge in regard to the election, - Presently, department heads may not be
returns and qualifications of members of required to appear in a question hour does
Congress not, however, mean that the legislature is
- Have exclusive jurisdiction and the power rendered powerless to elicit information from
granted to them excludes the exercise of any them in all circumstances
authority of SC that would restrict it or curtail Inquiries in aid of legislation
it or affect it - Aim is to elicit information that may be used
- The SC may only get into the picture unless for legislation
there is a grave abuse of discretion committed - Objective is to obtain information in pursuit
by such tribunals of Congress’ oversight function
- Each house has an electoral tribunal which - A witness may not be coerced to answer a
shall be the sole judge of all contests relating question that obviously has no relation to the
to election, returns, and qualifications of their subject of the inquiry
respective members - Inquiries should not be used for mere exposé
- Composition: for its own sake or some other inappropriate
● 9 members reason
○ 3 justices of the SC (senior
justice is the Chairman)
● The present Constitution now specifically 1. Congress is to refrain from
provides certain parameters for the conduct conglomeration of heterogeneous
of such congressional inquiries subjects under statute
○ There are rights implicated such as 2. Title of the bill is to be couched in a
right against self-incrimination and language sufficient to notify the
right to privacy legislators and the public those
● Senate is not a continuing body concerned of the import of the single
○ All pending matter and proceedings subject thereof
(unpassed bills and legislative ● Constitutional provision is mandatory not a
investigations) of the senate are mere directory
considered terminated upon ○ Compliance is imperative
expiration of that Congress and it is ● Titles of the bill need not to be detailed as to
merely optional on the senate of the become problematic; it suffices that it
succeeding Congress to take up such informs the legislators, interested persons in
unfinished matters, as if it is the subject of the bill, and the public of the
presented for the first time nature, scope and consequences of the
● When Congress exercises its power of proposed law and its operation
inquiry, the only way for department heads to ● Bills that must originate exclusively from
exempt themselves therefrom is by valid HoR: (reason: members of the House can be
claim of privilege. They are not exempt by expected to be more sensitive to the local
the mere fact that they are department heads needs and problems)
1. Appropriation
War and Other Emergencies 2. Revenue or tariff bills
● Congress, in joint session assembled, has the 3. Bills authorizing increase in public
sole power to declare the existence of state of debt
war 4. Bills of local application
● It does not take the initiative of declaring 5. Private bills
● In times of national emergency, the Congress ● Senate may then propose or concur with
may grant the President emergency powers amendments (reason: expected to approach
that in its judgement may be advisable to the the same problems from the national
meet the exigencies perspective)
○ This must be for a limited period
○ Subject to restrictions as congress B. Needs 3 readings on separate days
may prescribe ● Requires that the bill be deliberated upon by
○ Powers must be necessary and Congress on separate days
proper to carry out a declared ● The members must be given 3 days after
national policy receipt of the written copy of the bill to study
● Unless the Congress withdraws the powers it before being made to vote on it
sooner, by means of a resolution, such ● This may be dispensed with if there is
powers shall cease to exist upon its next certification by the President that there is
adjournment need for immediate passage of the bill to meet
a public calamity or an emergency
Enactment of Law ● The question on WON there is in fact an
Requirements for a bill: emergency is subject to judicial review
A. Shall embrace only one subject to be because basic human rights may be at hazard
expressed in its title (WON factual basis is sufficient)
● Purpose of the subject of the Act being ● Congress must act as one body; when the
expressed in its title fully is to: versions of the bill passed by the two Houses
1. Prevent surprise or fraud upon the are not exactly alike, there is a need to
legislature reconcile them so that there would only be 1
2. Fairly apprise people so that they bill to be sent to the President; this is where
may have the opportunity of being the Bicameral Conference Committee comes
heard by petition if they shall desire in
● Dual Limitations of a constitutional ● Bicameral Conference Committee
provisions: ○ Mandated to settle the differences
between the disagreeing provisions
in the House bill and the Senate bill - Item - particulars, the details, the distinct and
by: several parts of the bill; indivisible sum of
■ Adopting the specific money dedicated to a stated purpose
provisions of either the the - Item veto - must veto all of the item not just a
House bill or Senate bill portion of it; for this to be exercised, there
■ Deciding that neither must exist a proper “item” to veto
would be carried into the - Doctrine of inappropriate provisions - if the
final form of the bill, Congress inserts inappropriate provisions in
and/or a general appropriation bill, such provisions
■ Trying to arrive at a must be treated as “items” for purposes of the
compromise Governor’s item veto power over general
○ The mutually accepted version of appropriation bills
the bill is then voted upon by the - President cannot veto an existing law. This
House from which it originated, and only applies to a bill
if approved, it will be forwarded to
the other House to be voted on. If Revenues and Expenditures - Taxation and
approved, it will be presented to the Appropriations
President for approval Public revenues derived from:
1. Tax revenues - compulsory contributions to
D. No amendments are allowed upon the last reading, finance government activities
and that the vote thereon shall be taken immediately, 2. Capital revenues- proceeds from sales of
and the yeas and nays entered in the Journal fixed capital assets or scrap thereof and
● Refers only to the procedure to be followed public domain, and gains on such sales like
by each House with regard to bills initiated in sale of public lands, buildings and other
each of said respective houses, before such is structures, equipment, and other properties
transmitted to the other house for its recorded as fixed assets
concurrence or amendment 3. Grants - voluntary contributions and aids
given to the government for its operation on
- After the Congress passed the bill, it would specific purposes in the form of money and/or
be submitted to the President for its approval, materials, and do not require any monetary
or the exercise of his veto power where he commitment of the part of the giver
will return the bill with his objections; in case 4. Extraordinary income - repayment of loans
such will happen, the Congress me override and advances made by government
by two-thirds vote of each House corporations and local governments and the
- If the President does not communicate his receipts and shares in income of the BSP, and
veto within 30 days from receipt, the bill is other receipts
deemed passed and will become a law 5. Public borrowings - proceeds of repayable
obligations generally with interest from
Presidential Approval, Inaction, or Veto domestic and foreign creditors of the
Approval Government in general, including national
- May approve of a bill in which he affixes his government and its political subdivisions
signature or disprove it through veto Taxing Power
Veto - Guidelines and limitations:
- When he opts to veto, he has to reject the ● Uniform and equitable rule of
entire bill - not choose which provisions to taxation
reject and others to retain ● Legislature mandated to evolve a
- EXCEPTIONS: (can exercise item veto in the progressive system of taxation
ff - reason: prevent log-rolling legislation, ○ Directive to the Congress
impose fiscal restrictions on the legislature, ● Allowable delegation of tariff
fortify the executive branch’s role in the powers
budgetary process, avoid inexpedient riders ● Tax exemption of certain charitable
being attached to an indispensable institutions, churches and
appropriation or revenue measure) personages, or convents appurtenant
● Appropriation thereto, mosques, non-profit
● revenue cemeteries, actually, directly and
● tariff bills
exclusively used for religious, appropriations and that such provision or
charitable or educational purposes enactment shall be limited in its operation to
○ may only be granted by law the appropriation to which it relates
concurred in by a majority - Congress is mandated to follow the procedure
of all the members of for approving appropriations for other
Congress departments or agencies
Expenditure of public funds - Special appropriations - bill should specify
- authority of the Congress purpose and assurance that it could be funded
Appropriation - Discretionary funds - subject to some
- To allot, assign set apart or apply to a safeguards which ensure transparency and
particular use or purpose accountability
- Congress designates a particular fund or sets - Appropriation made by Congress =/= license
apart a specified portion of the public revenue to spend by the Executive Dept.
or of the money in the public treasury, to be
applied to some general object of Automatic Reenactment of Appropriation Law
governmental expenditure, or to some - Whenever a general appropriations act is not
individual purchase or expense enacted for the ensuing year, the previous
- Legislative authorization prescribed by the year’s appropriations law would be deemed
Constitution that money may be paid out of reenacted
the Treasury
- Appropriation made by law Pork Barrel System
❏ Act of the legislature setting apart or Pork barrel practice
assigning to a particular use a - members of Congress can propose and
certain sum to be used in the identify the projects and activities to be
payment of debts or dues from the funded by the Countrywide Development
State to its creditors Fund
❏ A provision of law sets apart a - Can be detailed and as broad as Congress
determinate or determinable amount wants it to be
of money and allocates the same for - SC was in favor of it in the case of Philconsa
a particular public purpose but reversed this in Belgica after widespread
- LIMITATIONS: accounts of kickbacks and other irregularities
● Prohibition on the use of public Pork Barrel System
money for support of religious - Collective body of rules and practices that
groups except priest, preacher, govern the manner by which lump-sum,
minister, or dignitary is assigned to discretionary funds, primarily intended for
the armed for forces, or to any penal local projects, are utilized through the
institution, or government respective participations of the Legislative
orphanage or leprosarium as well as and Executive branches of government,
on the use of funds raised special including its members
purposes - 2 kinds of lump-sum discretionary funds:
- Appropriation of public revenues must be for 1. Congressional - legislators,
public purpose individually or collectively
- PROCESS: organized into committees, are able
● President proposes the budget to effectively control certain aspects
through submitting a budget of of the fund's utilization through
expenditures and sources of various post-enactment measures
financing which forms the basis for and/or practices
the general appropriations bill 2. Presidential - allows President to
● Congress approves or denies determine the manner of its
○ Congress may not increase utilization
the appropriations - SC declared as a violation to the separation of
recommended by the powers principle
President - Violates the rule on non-delegability of
- There is a need to ensure that provision or legislative power
enactment shall relate specifically to some - Would be at odds with the system of checks
particular appropriation in the general and balan certiorari s in that it deprives the
President of the proper exercise of his line- - Justice Puno said that the acts done by
item veto Congress in the exercise of its oversight
- Calls into question the ability of Congress to powers are divided into 3 categories:
exact accountability with respect to 1. Scrutiny
expenditure of public funds - Implies lesser intensity and
continuity of attention to
Fund Transfers administrative operations
- Constitution allows for the transfer of funds - based primarily on the power of
but subject to certain limitations appropriation of Congress
- There must be a law authorizing the same and - May be exercised through
only the President, the Senate President, budget hearings and power of
Speaker of the House the Chief Justice, the confirmation of presidential
Heads of the Constitutional Commissions appointments
may be so authorized, to augment any item in - Passive looking at the facts
the general appropriations law for their readily available
respective offices, from savings in other 2. Investigation
items in their respective appropriations. - more intense digging of facts
- Allowing fund transfer can give flexibility to 3. Supervision
meet unforeseen events that may otherwise - Most encompassing form
impede efficient implementations - Allows Congress to scrutinize
- Actual savings is a sine qua non to a valid the exercise of delegated law-
transfer of funds from one government making authority, and permits
agency to another Congress to retain part of that
● Actual - something that is real or delegated authority
substantive, or something that exists - Exercised through veto power
presently in fact - Utilizes veto provisions when
- Instances of prohibited cross-border granting the President or an
augmentations: funds being transferred from executive agency the power to
the executive department to CoA, the HoR, promulgate regulations with the
and to Comelec force of law
- Such provisions require the
Congressional or Legislative Veto executive to present proposed
- Means whereby the legislature can block or regulations to Congress, which
modify administrative action taken under a retains a “right” to approve or
statute disapprove regulation before it
- Form of legislative control in the takes effect
implementation of particular executive - A proposed regulation will
actions become a law after the
● May either be negative that is expiration of a certain period of
requiring disapproval of the time, only if Congress does not
executive action, or affirmative, affirmatively disapprove of the
requiring approval of the executive regulation in the meantime
action
- Represents a significant attempt by congress Informing Power
to move from oversight of the executive - Conduct of inquiries by the Congress
shared administration - Informing function of Congress - an equally
- (Case of Macalintal) Justice Puno found important and fundamental power and duty
congressional oversight powers, which by way of investigating for the purpose of
congressional exertion of authority as enlightening the electorate
violative of the independence of the - Conduct of inquiries in aid of legislation is
Comelec. intended to benefit Congress and also the
- Justice Puno submitted that the legislative citizenry
veto power or congressional oversight power - Meant to enhance the widening role of the
over the authority of COMELEC to issue citizenry in governmental decision-making as
rules and regulations in order to enforce well as in checking abuse in the government
election laws is unconstitutional
Initiative and Referendum laws for the managed and maintained
- People can directly propose and enact laws or maintenance of properly by the persons in
approve or reject any law or act or part general peace and charge in accordance with
thereof order pertinent laws and
- Requirement: regulations
● Petition therefore signed by at least
10% of the total number of Additional Functions/Powers of the President:
registered voters of which every 1. Appointing Power
legislative district must be 2. Power of Control
represented by at least 3% of the 3. Military Power
registered voters 4. Pardoning Authority
Initiative 5. Diplomatic Power
- Power of the people to propose amendments 6. Budgetary Power
to the Constitution 7. Borrowing Power
- Propose and enact legislations through an 8. Residual Power
election called for the purpose 9. Take Care & Informing Functions
- Entirely the work of the electorate without the 10. Veto Powers
participation and against the wishes of their 11. Deputization of Gov’t Personnel
elected representatives 12. Delegation of Emergency & Tariff Powers
- Process and voting are more complex 13. Call Congress to session
- Comelec has administrative and initiatory
quasi-judicial jurisdiction to pass upon the Qualifications of a President (and VP):
question of WON proposal is sufficient in 1. Natural-born citizen
form and language and WON such proposal 2. Registered voter
or part or parts thereof are clearly and 3. Able to read and write
patently outside the powers of the municipal 4. Atleast 40 years of age on the day of the
council of the local government unit to enact, election
and therefore violative of the law 5. Resident of atleast 10 years immediately
Referendum preceeding the election
- Power of the electorate to approve or reject a
CASE: Social Justice Society v. Dangerous Drugs
legislation through an election called for the
Board
purpose
- Begun and consented to by the lawmaking
Pursuant to the Comprehensive Dangerous Drug Act
body
of 2002, COMELEC issued a resolution making it
- Consists of electorate approving or rejecting
mandatory for candidates for the national and local
what has been drawn up or enacted by a
elections to undergo drug testing. This was countered
legislative body
by Senator Aquilino Pimentel Jr., claiming that such
- Voting is simply writing “Yes” or “No” in
resolution by the COMELEC was unconstitutional
the ballot
given that mandatory drug testing is not a qualification
under Article 6 of the 1987 Constitution.
CHAPTER 6
EXECUTIVE DEPARTMENT Ruling: The mandatory drug testing for the senatorial
candidates, and of the national and local candidates
“The executive power shall be vested in the President CANNOT be imposed as an additional qualification,
of the Philippines” – Article 7, Constitution since doing so would mean going against the
EXECUTIVE ADMINISTRATIVE qualifications provided by the constitution.
POWER POWER
Election Term & Term Limit
Exercised by the President
The President and the Vice President shall be elected
power of carrying applying policies and via DIRECT VOTE OF THE PEOPLE for a term of six
the laws into enforcing orders as (6) years – beginning at NOON of the 13th of June
practical operations determined by proper following the day of the election; ends at NOON of the
and enforcing their governmental organs same date six years after.
due observance NOTE: Election is on the 2nd Monday of May
President: Is not eligible for reelection; Vice President
Duty of supervising Duty to see that every and Senators: May serve for two (2) consecutive terms
the enforcement of government office is
contests involving the presidency and the vice-
CASE: Pormento v Estrada - Reelection Issue presidency.
- Equivalent to the full authority conferred
Erap Estrada was elected as President of the PH in upon the electoral tribunals of Senate and
1998, however, he was removed from office by House of Representatives (Senate Electoral
Gloria Macapagal-Arroyo. By 2010, Erap planned to Tribunal – SET; House of Representatives
run again for Presidency, which was countered by Electoral Tribunal – HRET)
Atty. Pormento when he filed a disqualification case - However, in Macalintal v. Presidential
against the former President. However, upon election, Electoral Tribunal, despite Atty.
Erap Estrada did not win as President. Question on Macalintal’s accusation that PET is
whether he violate the constitution in filing for unconstitutional; the court recognizes that
candidacy in the 2010 elections. under Article 4, Section VIII, of the
Constitution, the law allows the Judiciary to
Ruling: NO. the concept of “reelection” is recognized make the means to decide on the presidential
to be that of “being elected for the second term”. and vice presidential elections.
Given that former president, Erap Estrada did not win o RA 1793 did not create a separate
during the 2010 elections, he cannot be considered to court but merely conferred upon
have violated the “No Reelection” condition for the the SC the functions of PET –
presidency. merely connotes the additional
The Congress is given the job as Board of function imposed upon the
Canvassers, even when they have adjourn sine die. Supreme Court
Given that only the legislative functions end, not the - Doctrine of Necessary Implication:
non-legislative functions. conferment of additional jurisdiction to the
- Being the Board of Canvassers is a non- SC included the means necessary to carry it
legislative function of the Legislature into effect.
(Sec.4, Art. VII, Constitution) - In Defensor-Santiago v. Ramos, the Court
shall recognize the election protest of a
CASE: Pimentel, Jr. v. Joint Committee of Congress losing candidate as “abandoned” when she
to Canvass the Votes Cast for President and Vice ran for, won, assumed office as a senator.
President in the May 10, 2004 Elections Such abandonment protects the public
interest involved.
Upon the adjournment of the regular sessions of the
12th Congress in June 11, 2004, the Joint Committee ** PET, SET, and HRET are constitutional bodies
of Congress to Canvass the Votes of the President and independent from the 3 departments but not separate
Vice President was still fulfilling its mandated tasks therefrom
as canvassers. Senator Pimentel, Jr., wanted to
declare null and void the Joint Committee since its CASE: Poe-Llamanzares v. COMELEC
legal existence would have already ended upon the
adjournment of regular session. In running for the presidency in the May 2016
elections, Grace the PPoe stated in her COC that she
Ruling: NO. Based on Section 4, Article VII of the was a natural-born citizen and that she have meet the
Constitution, the Congress’ adjournment sine die residency requirement. Given that in becoming the
shall not impede in accomplishing the chairperson of MTRCB, she had renounced her
constitutionally mandated tasks of canvassing and American citizenship. However, COMELEC still
proclaiming the newly elected President and Vice denied the COC of Grace Poe, for not meeting the
President. citizenship and residency requirement.
Presidential Election Contests Issue: Whether or not COMELEC has the authority to
“the Supreme Court, sitting en banc, shall be the sole decide
judge of all contests relating to the election, returns, Ruling: NO. Under the 1987 Constitution, the
and qualifications of the President and Vice- Supreme Court is the sole judge of all contests of
President, and may promulgate its rules for the elections, returns, and disqualifications of the
purpose” – Sec.4 (7), Article VII, Constitution President and Vice-President.
Presidential Electoral Tribunal –that is independent Assumption and Perquisites of Office

from the Supreme Court but is not separate from the
judicial department, that is tasked to handle electoral
The President-elect and Vice President-elect shall current appropriations, exempted
assume office at the beginning of their terms, at noon from the requirements of paragraph
of the 13th of June following the day of the election; 4, section 25, Art. VI of the
ends at noon of the same date six years after. Constitution
- Prior assumption of office, the elected **No Special Elections shall be
officials shall be provided with a special oath called if the vacancy occurs within
or affirmation. 18 months from the next
- Conditions: presidential election.
o President shall be entitled to an
official residence Presidential Incapacity and Serious Illness
o Salaries shall not be determined by Articles in the Constitution that serve as
law and shall not be decreased contingencies in case the President may not be able to
during their tenure enact his duties and responsibilities.
o Prohibited from receiving any other • Section 11, Article VII, the Constitution –
emolument during tenure Presidential Incapacity
o Whenever the President transmits
Vacancy, Disability, and Succession to the President of the Senate and
the Speaker of the House of
Scenarios: (Sec.7, Article VII, Constitution) Representatives his written
a. If the President-elect may not be able to declaration that he is unable to
assume office at the beginning of the term – discharge the powers and duties of
Vice-President-elect shall act as the his office, and until he transmits to
President in the meantime. them a written declaration to the
b. If the President have died or have become contrary, such powers and duties
permanently disabled, the Vice-President- shall be discharged by the Vice-
elect shall become the President. President as Acting President.
c. If both the President-elect and Vice- o Whenever a majority of all the
President-elect are not able to assume the Members of the Cabinet transmit to
President position, the Senate President the President of the Senate and to
shall become President the Speaker of the House of
**In case the Senate President is Representatives their written
unable to assume the Presidency declaration that the President is
position, the Speaker of the House unable to discharge the powers and
shall act as such, until a President duties of his office, the Vice-
or Vice-President would have been President shall immediately
chosen and qualified assume the powers and duties of
In case of vacancy in the position of the President due the office as Acting President.
to death, permanent disability, removal from office, • Section 12, Article VII, the Constitution –
or resignation – the Vice-President shall succeed to
Serious Illness of the President
serve the unexpired term of the former. In case both o The Public shall be informed of the
offices are not able to assume the position, the Senate state of the health of the President
President or Speaker of the House shall act as in case of serious illness.
President until the President and the Vice-President o Even in times that the President has
have been elected and qualified. an illness, national security and
d. If there is vacancy in the position of the foreign relations cabinet members
Vice-President, the President shall choose a
& AFP Chief of Staff shall still
nominee from the members of Congress, have access to the President.
subject to the majority vote of all members,
each house voting separately. Presidential Immunity
e. If both offices are vacant at the same time,
Congress is mandated by the Constitution to The President is immune from suit or from being
convene and enact a law calling for a special brought to court during the period of his incumbency
election to be held not earlier than 45 days and tenure.
and not later than 60 days from the call. - Assures that the President is free to exercise
**Appropriations for the special his Presidential duties and responsibilities
election shall be charged against without any hindrance or distraction.
- Doctrine of Executive Immunity: founded - Power of the (President) Government to
on the idea that “the king can do no wrong” withhold information from the public, the
o Medieval Reason: the seat of courts, and the Congress.
sovereignity and governmental - It is the right of the President and high level
power resides in the throne, hence, executive branch officers to withhold
allowing him to be sued is information from Congress, the courts, and
contradiction to his sovereignty the public
o Modern Reason: (1) Separation of - 3 kinds of privileges:
powers principle, assures that the o State Secret Privilege –
executive is separate from the information is of such nature that
judiciary and legislative; (2) Public its disclosure would subvert crucial
Convenience, assuring that he can military or diplomatic objectives.
perform his Presidential functions o Informer’s Privilege – privilege not
without any hindrance; (3) Public to disclose the identity of persons
Policy, allowing the President to who furnish information of
make decisions that would greater violations of law to officers
gain than losses. charged with that certain law.
- Extent of executive immunity: the privilege o Generic Privilege - internal
of immunity can only be invoked by the delibearations involving the
President by virtue of the office, not by any process of governmental decisions
other person on behalf of the President and policies
o Presidential decisions may be - Based on the constitutional power of
questioned before the courts where separation of powers entailing that the
there is grave abuse of discretion / exemption is necessary in discharging the
that the President acted without or executive responsibilities of the President
beyond his jurisdiction - Two kinds of Exec. Privilege (In re: Sealed
- The extent of the executive immunity is only Case)
available during the tenure of the President. o Presidential Communications
Privilege – decision-making of the
When he is no longer in office, he is amenable to suits President
even for acts committed during his stay in office if the ▪ communications,
same were unlawful. documents or other
materials that reflect
CASE: Estrada v. Desierto presidential decision-
Former President Erap Estrada was impeached from making and deliberations
position on the grounds of allegations of the crime of which the president
graft and corruption. One of his claims was that as the deems should remain
former president, he has the privilege of immunity of confidential
suit, hence, he cannot be put into trial for the charges ▪ rooted in the
upon him constitutional principle of
separation of power, and
Ruling: NO. Cases charged against Estrada are those the President’s unique
of criminal in character, hence, are not covered by the constitutional role
immunity of suit. The unlawful acts of the official are ▪ Elements:
not considered as acts of the State. A non-sitting • Protected communication must
president is not covered by the immunity from suit, relate to a “quintessential and
even for acts committed during his tenure. non-delegable presidential
power”
XPN: CASE: Nixon v. Fitzgerald • Communication must be authored
The former President is shielded with absolute or “solicited and received” by the
immunity from civil damages and court charges by close advisor of the President or
acts done in during his position as President as based the President himself (advisor
on the constitutional tradition of separation of powers
must be in “operational
proximity” with the President)
Executive Privilege
• The presidential communications
privilege remains a qualified
privilege that may be overcome their primary roles within the government.
by a showing of adequate need, However, CLU contends that such issuance is
such information would likely unconstitutional as it goes against the limitations
contain “important evidence of Sec 13, Art. VII.
o Deliberative Process Privilege –
decision-making of executive Ruling: EO 824 is unconstitutional provided that
officials such order is a violation of the express
▪ advisory opinions, prohibition under Section 13, Article VII of the
recommendations and Constitution.
deliberations on
formulation of Objective of Section 13, Article VII: to prevent
government decisions the concentration of powers in the Executive
▪ rooted in the common law officials – President, Vice-President, Members
of the Cabinet, and their deputies and assistants.
Disabilities, Inhibitions, and Disqualifications
Power to Appoint
- President, Vice-President, Members of the - executive / presidential in character
Cabinet, and their deputies and assistants - Personal act of the President which cannot
shall not hold any other office or be exercised by any one else.
employment during their tenure (Sec. 13, - (Sarmiento III v. Mison) The appointment of
Article VII) those officials not included in Sec. 16,
- Aforementioned individuals and civil Article VII are left to the President without
servants are also prohibited from directly or the need for the affirmation of the
indirectly, practice any other profession, Commission on Appointment
participate in any business, or be financially
interested in any contract, or any franchise, Three groups of officers under Section 16, Article
or special privilege during their tenure – VII:
including GOCCs (Sec.7, Article IX-B) A. Those requiring confirmation by the
- President’s spouse and relatives by Commission on Appointment
consanguinity or affinity within the 4th civil B. Those whom the President may be
degree are also not eligible, during his authorized by law to appoint
tenure, for appointment as members of the C. All other officers of the Government whose
Constitutional Commissions, Office of the appointments are not otherwise provided by
Ombudsman, or as Secretaries, law
Undersecretaries, Chairmen, or Heads of
Bureaus or Offices – including GOCCs and **President appoints the 3rd group only if the law
subsidies. is silent on who has the appointing power, or if the
- XPN: ex-officio capacity – authority derived law to appoint is declared unconstitutional
from official character, without any other
appointment or authority than that conferred A. Appointments Subject to Confirmation by
by the office. Commission in Appointments
- In the Public Interest Center, Inc. v. Elma, - Coverage:
Chairman of PCGG, and later as CPLC is o Heads of the Executive
not covered by the strict prohibition since Department
the official is neither a secretary nor an o Ambassadors, other public
assistant secretary, even if it is equivalent to ministers and consuls
them. Section 7, Article IX-B is applicable o Officers of the armed forces from
on the prohibition against multiple positions the rank of colonel or naval captain
for civil servants. o Other officers whose appointments
are vested in the President in this
CASE: Civil Liberties Union v. Executive Constitution
Secretary ▪ Regular members of the
JBC
EO 284 was issued by former president Cory ▪ Chairmen and Members
Aquino, allowing members of the Cabinet to of CSC, COMELEC,
have other governmental positions in addition to COA
▪ Members of Regional of the President after the appointees have
Consultative qualified into office.
Commissions under Sec - Takes effect immediately and can no longer
18, Art. X on autonomous be withdrawn by the President once
regions appointee has qualified into office.
- Process: nominated, if confirmed, then the - Effective until such disapproval or next
President appoints them. adjournment
- By-passed appointment: one that has not
XPN: appointments made when Congress is been finally acted upon on the merits by the
not in session Commission on Appointments at the close
-- appointees may immediately assume of the session of Congress.
office while waiting for Congress to resume
session, for Commission on Appointment to Appointment in acting capacity: stop-gap
approve/disapprove, or adjourn without measure intended to fill an office for a limited
acting on them. time until the appointment of a permanent
B. Appointments Not Subject to the Confirmation occupant to the office.
of the Commission on Appointments - In case of vacancy in any office by an alter
- Coverage: ego of the President, the President must
o Other officers of the government appoint an alter ego as acting secretary
whose appointments are not before the permanent appointee may assume
otherwise provided for by the law office
o Those whom the President may be
authorized by law to appoint Difference between Ad Interim appointment and
o Officers lower in rank whose Appointment in Acting Capacity: Confirmation by
appointments Congress may vest in the Commission on Appointment- the former is
the President alone subject to confirmation, the latter is not!
CASE: Pimentel, Jr. v. Ermita
Background of the Presidential Appointments: Pimentel, Jr. questions the constitutionality of the
1935 – almost all presidential appointments required appointment of Abad as Department secretary in
the consent of the Commission on Appointments acting capacity by then president GMA while
1973 – consistent with the authoritarian process, Congress is in session.
placed the absolute power of appointment in the Ruling: YES. The appointment of Abad as
President with hardly any check from the legislative department secretary in acting capacity is
1987 – middle ground between the 1935 and 1973 constitutional given that it is temporary in nature.
constitution, requiring the consent of the Commission Whose purpose is merely to fill in the gap in the office
on Appointments for the first group of appointments, until the time that a permanent appointment is made.
and leaving the president to appoint other officers - Appointment by an acting president would
without the need for consent. be the same where such appointment shall
Differentiation between Appointment and remain effective unless revoked by the
Designation: elected President within nine (9) days from
Appointment is the selection, by the authority vested his assumption or reassumption of office.
with the power, of an individual who is to exercise
the functions of a given office. Often results in Power to Remove
security of tenure for the person chosen unless he is - Inherent power in the power to appoint
replaceable at pleasure because of the nature of the conferred to the President under Section 16,
office. Article VII of the Constitution
Designation is merely the imposition by law of Midnight Appointment Ban (Paragraph 15, Article
additional duties on an incumbent official; implies 15)
that a person shall hold office for a temporary - “Two months immediately before the next
capacity and may be replaced at will by the presidential elections and up to the end of his
appointing authority. term, a President or Acting President shall
Ad Interim Appointments: “permanent appointment not make appointments, except temporary
in the meantime that Congress is in recess” appointments to executive positions when
- Permanent appointment that cannot be continued vacancies therein will prejudice
withdrawn or revoked at the mere pleasure public service or endanger public safety.”
CASE: Aytona v. Castillo o The president shall exercise
general supervision over
Outgoing president Garcia made a total of 350 autonomous regions to ensure that
appointments on the day before the assumption the laws are faithfully executed
of his succession President-elect Macapagal,
including Aytona. A day after his assumption to Control: power of an officer to alter or modify or
office, President Macapagal issued A.O. No. 2 nullify or set aside what a subordinate officer had
which withdrew all the appointments made by done in the performance of his duties, substituting the
former President Garcia. Question on whether judgments of the former to that of the latter.
Pres. Macapagal had the authority to cancel the Supervision: overseeing or having the authority of an
ad interim appointments made by the former officer to see that subordinate officers perform their
president Garcia. duties. Power to mere oversight over an inferior body,
Ruling: YES. President Garcia’s act of not including any restraint over the body.
appointing 350 officers may be seen as an abuse - The President’ constitutional power does not
of the Presidential authority that he is granted require any implementing law.
upon him given that he made those appointments - The power of the president also covers the
only the night before his successor shall be GOCCs, bureaus, and offices (Hutchison
affirmed into office. Ports Philippines Limited v. Subic Bay
- Velicaria-Garafil v. Office of the President: Metropolitan Authority), given that any
similar to the Aytona v. Castillo case, the an award that may be granted by the Board of
EO was issued recalling, withdrawing and SBMA, a chartered institution, can be
revoking all the appointments made by his overturned by the President.
predecessor on the onset of the midnight - Although the President may modify or
appointment ban. nullify certain acts of the subordinate, he
- (In re: Appointments of Valenzuela) the cannot remove the one who did the act
prohibition of midnight appointment ban Qualified Political Agency (Alter Ego) Doctrine
may cover those in the judiciary
o Midnight appointment ban does - Power to delegate many of the functions and
not covers the Judiciary (De Castro responsibilities of the President
v. JBC) - President may have to rely on trusted
▪ The establishment of the subordinates – the department heads and
JBC, who is responsible cabinet secretaries – who would have to act
in the nomination and for and on his behalf, and whose acts must
screening of candidates accordingly be presumed to be those of the
for judicial positions President himself, unless he disapproves or
ensures that no midnight rejects them.
appointment within the - The president should be answerable for the
Judiciary acts of the administration of the entire
Power of Control and Take-Care Clause Executive department before his own
Power of Control – the president shall have control of conscience before the public
all executive departments, bureaus, and offices; Powers of the President that cannot be delegated:
ensuring that the laws are being faithfully executed 1. Power to appoint
- Laying down of rules in doing of an act 2. Permissible fund transfers
- Includes the power of supervision given that 3. Veto of bills
the president shall exercise general 4. Declaration of martial law
supervision over local governments. 5. Suspension of Habeas Corpus
o Provinces with respect to 6. Granting of Pardon
component cities and
municipalities, and cities and - Among the alter egos of the President are the
municipalities with respect to Department Heads, Cabinet Secretaries –
component barangays shall ensure the Executive Secretary is occupying the
that the acts of their component primary position.
units are within the scope of their o Executive Secretary may override
prescribed powers and functions. the decisions of other Department
heads, and other secretaries/
- Does not extend to acts of cabinet members - In the history of the country, during the reign
who are ex officio members of the Board of of former President Marcos, who suspended
Directors of a government corporation, even the privilege of writ of habeas corpus,
to the Office of the Ombudsman followed by the declaration of martial law,
the 1987 Constitution provided a limitation
to ensure that the powers are kept within the
Rules of Law.
o Declaration of martial law is
Faithful Execution Clause limited only to 60 days, subject to
the extension with the consent of
Through Executive Orders, the President ensures that Congress
laws are faithfully executed, by handing out o Upon declaration, the President is
instructions to subordinate executive officials and the given 48-hours to submit a report
public how the law should be executed by the to Congress on the reason for such,
subordinate officials and complied with by the public. if the Congress deems it
- In determining facts and other unnecessary, it can revoke the
circumstances, the President’s power to suspension of proclamation.
conduct investigations and create ad hoc o Congress is required to convene
committees is inherent to ensure that laws without need to call within 24-
are faithfully executed. hours following the President’s
- In the case of Biraogo v. Philippinr Truth proclamation or issuance
Commission, the issuance of E.O. No. 1 is o Supreme Court has the power to
justified under Section 17, Article VII which review the sufficiency of the
imposes to the President the duty to ensure factual basis of the proclamation or
that laws are faithfully executed. The suspension in a proper suit
creation of the ad hoc committee by the o Provides that declaration of martial
President is deemed to be part of this duty. law does not suspend the operation
Power of Supervision over Local Governments of the Constitution, or of the civil
- The power to investigate complaints against courts, or of legislative assemblies
local government officials and to discipline o During suspension of writ of
them if warranted habeas corpus, any person arrested
or detained must be judicially
Formality of Acts charged within 3 days, otherwise
- Unless the law prescribes of it, it is not he shall be released
essential that orders and acts of the President
are to be written. Martial Law
- Rooted on the principle that the state has a
Commander-in-Chief Clause (Military Power) right to protect itself against those who
- The President as the commander-in-chief of would destroy it, and has therefore been
all the armed forces may exercise the likened to the right of individuals to self-
following powers: defense.
o Calling-out Power (Sec.7, Article - Inherent power in every state which is
VIII) invoked only in an extreme measure to
o Power to Suspend the Privilege of control society in periods of civil unrest or
the Writ of Habeas Corpus (P.D. war.
2045) - Common Features:
o Power to Declare Martial Law o Use of Military Force
o Power to Confirm Judgments of o Government military personnel
General Court Martial have the authority to make and
o Power to Conduct Peace enforce civil and criminal laws
Negotiations o Certain civil liberties may be
- The President is authorized to direct the suspended
operations and determine military strategies
of all armed forces placed by law at his Exercising the power to suspend the privilege of the
command, and to employ them in the Writ of Habeas Corpus or the Imposition of Martial
manner he may deem most effectual Law: (conditions)
1. There must be an actual invasion or Monsanto, asst. treasurer of Calbayod City
rebellion and three more accused were charged with
2. Public Safety must require it estafa through falsification of public
documents. During his sentence, he was
- The present constitution recognizes the given pardon by the president. After being
authority of citizens to question the factual granted pardon, Monsanto wrote to the
basis for the exercise of these powers, Treasury Office of Calbayog City requesting
vesting the SC with the authority to decide if she can return to office under the
on the case within 30 days of its filing department.
Calling-Out Power Ruling: NO. Monsanto cannot return to office
Condition: “whenever it becomes necessary”, the given that pardon does not restore the
President may call out the armed forces to prevent or reputation of honesty, integrity and fair
suppress lawless violence, invasion, or rebellion dealing of the individual.
- The President is given full discretion in the
exercise of the Power of Calling Out the Distinction between Pardon and Amnesty:
Armed Forces PARDON
- The President has the sole power to exercise • Private act of the President which must be
this power, and no other local chief pleaded and proved by the person pardoned
executive • Granted after conviction
- Can be exercised through “declaration of a
• Looks forward and relieves the offender from
state of rebellion” or “declaration of a state
the consequences of an offense; abolishing
of national emergency”
the punishment
Pardoning Power • Does not restore right to hold office or right
to suffrage (unless expressly stated)
- Power to extend executive clemency • Does not exempt accused from civil liabilities
(reprieve, commutation, pardon, and
remission of ifnes and forfeitures) AMNESTY
- Restores the civil rights of the person • Public act of the President, with the
- Two kinds of pardon: concurrence of Congress, of which the courts
o Full / Absolute Pardon – relieving should take judicial notice
the party from all the punitive • Granted to classes of persons or communities
consequences of the criminal act who may be guilty of political offenses,
(including disqualifications and before or after the institution of the criminal
disabilities) prosecution and after conviction
o Conditional Pardon – relieving the • Looks backward and abolishes the offense,
party from consequences of the obliterates the offense he is charged
criminal act given that certain • Stands before the law as if there is no offense
conditions must be strictly committed
followed.
**Suspension of Death Penalty, is not an executive
- Limitations:
power, but a Judicial Power!
o Cannot be extended to persons
Borrowing Power
convicted by impeachment
- The President may contract or guarantee
o There must be a final judgment first
foreign loans on behalf of the Republic of the
o In granting amnesty, there must be
Philippines, subject to prior concurrence of
the concurrence of the majority of
the Monetary Board.
all members of Congress
- Includes the Buyback of Loans and Foreign
- Pardon does not ipso facto restore a convicted
Borrowing Power (Buyback – purchase by
felon to public office necessarily relinquished
the sovereign issuer of its own debts at a
or forfeited by reason of the conviction
discount)
although such pardon undoubtedly restores
his eligibility for appointment to that office Diplomatic Power
(Monsanto v. Factoran, Jr.) General Rule: The President, as the sole organ and
authority in the external affairs of the country, is
CASE: Monsanto v. Factoran, Jr.
vested with the power to enter into international Informing Function
agreements, subject to the concurrence of the Senate. - Presented in a State of the Nation Address –
- Power to ratify treaties and other (SONA)
international agreements belong to the - The President has the responsibility of
President providing the people with an overview of the
o Signing of an agreement – means of condition of the country, as well as his vision
authenticating a document; symbol of what needs to be accomplished in the
of good faith of the parties foreseeable future.
o Ratification – formal act of a state - The President has the opportunity to
confirming and accepting the influence the public through the enforcement
provisions of a treaty of laws, or in taking a stand on the issues
- Inclusions: presently faced by the state
o Authority to Recognize foreign - The President is steward of the people limited
governments only by the specific restrictions and
o Discretion to recognize a particular prohibitions appearing in the Constitution or
territory as part of a certain state or impleaded by Congress (“bully pulpit” – US
not Pres. Roosevelt)
o Prerogative to assign or withdraw
diplomatic representatives to Residual Powers (E.O. No. 292 – Administrative Code
foreign states of 1987)
o To receive and recognize foreign - Those “unstated powers” of the President
diplomatic representatives which are implicit in and correlative to the
o Power to deport undesirable aliens paramount duty residing in that office to
o Prerogative to implement a safeguard and protect genera welfare
Judgment of extradition - Exists only when there are plainly ambiguous
- Court cannot interfere with or question the statements in the Constitution
wisdom of the conduct of foreign relations by CASE: Marcos v. Manglapus
the Executive Department
Distinction between Treaty / International Agreement President Corazon Aquino barred the Marcos Family
and Executive Agreement from returning to the Philippines after being exiled
INTERNATIONAL AGREEMENT (TREATY) during the people power revolution. Petitioner claims
• Needs the concurrence of the Senate that President Aquino’s act was beyond the powers
vested upon by the Constitution, justifying it through
• Takes precedence over any prior statutory
the powers enumerated in the present constitution.
enactment
• Arrangements that are more likely to be
Ruling: NO, the functions and responsibilities of
permanent in character
President Corazon Aquino, as the embodiment of the
EXECUTIVE AGREEMENT executive department, is not limited merely on those
• Does not need the concurrence of Senate stated in the Constitution.
• Must remain traceable to an express or Power of Impoundment
implied authorization under the Constitution, - President executes and implements the
statutes, or treaties legislative will expressed in statutes,
including appropriation acts.
Budgetary Power - Impoundment, is the refusal by the President,
Budget – financial plan of the government / for whatever reason, to spend funds made
master plan of the government available by Congress; the failure to spend or
- The President has the responsibility to obligate budget authority of any type
prepare and submit to Congress the budget
for the latter to scrutinize, revise, and approve CHAPTER 7
as it may see fit, JUDICIAL DEPARTMENT
- The President is also vested the duty of
forming the general appropriations bill which “It is emphatically the province and duty of the
will become the General Appropriations Act judicial department to say what the law is.”
upon approval by the President, minus the
provisions vetoed.
Judiciary and the Imperatives of Independence - Is the authority to settle justiciable
controversies or disputes involving rights that
Judicial branch – must necessarily be independent; are enforceable and demandable before the
- Must provide answer to issues raised in courts of justice or redress of wrongs for
accordance with what the law provides violations of such rights.
irrespective of what may be the direction of
political wind or the demands of the mob; Proper exercise of said authority requires legislative
action:
Ways the judicial department is made independent: 1. Defining such enforceable and demandable
1. Supreme Court is a constitutional body, thus rights and/or prescribing remedies for
not subject to abolition by Congress; violations thereof;
2. Limitations on the power of Congress to alter 2. Determining the court with jurisdiction to
the jurisdiction of the Supreme Court ** hear and decide on appeal.
(From Political Law (Cruz): The Supreme
Court may not be deprived of its minimum Determination of facts which give rise to certain legal
original and appellate jurisdiction as consequences is a judicial, not an executive function.
prescribed in Art. VIII, Sec. 5 of the Judicial function or exercise of jurisdiction – is the
Constitution); power and authority to hear or try and decide or
3. Grant of security of tenure for members of determine a cause.
judiciary, assuring them of entitlement to
their offices until the retirement age of 70 Carino v CHR
years; As for the Commission on Human Rights, the Court
4. Guarantee against reorganization in the declared that it had no power to adjudicate.
judiciary if such would undermine the Fact-finding is not adjudication and cannot be likened
security of tenure of the incumbents; to the judicial function of a court of justice, or even a
5. Fiscal autonomy; quasi-judicial agency or official.
6. Limitations on the power of Congress to ad to To be considered a judicial function, the faculty of
the appellate jurisdiction of the Supreme receiving evidence and making factual conclusions in
Court a controversy must be accompanied by the authority of
7. Removal of the power of Congress to repeal, applying the law to those factual conclusions to the end
alter or supplement the rules of pleading, that the controversy may be decided and determined
practice and procedure; authoritatively, finally and definitively, subject to such
8. Grant of an expanded judicial power appeals or modes of review as may be provided by law.
9. Authority of the Supreme Court to appoint
and to discipline the employees of the Quasi-judicial power – is that power of adjudication of
judiciary; an administrative agency for the formulation of a final
10. Administrative supervision over lower court order.
judges and employees - This function applies to the actions,
11. Creation of the Judicial and Bar Council discretion and similar acts of public
12. Non-diminution of compensation of the administrative officers or bodies who are
members of the judiciary; required to investigate facts, or ascertain the
13. Members of the judiciary are insulated from existence of facts, hold hearings, and draw
performing quasi-judicial or administrative conclusions from them, as a basis for their
functions. ** (Art VIII, Sec.12: shall not be official action and to exercise discretion of a
designated to any agency performing quasi- judicial nature.
judicial or administrative functions.) Administrative agencies are not considered courts, in
their strict sense.
Judicial Power and Judicial Review: Quasi-judicial agencies have neither business nor
power to modify or amend the final and executory
Judicial power – includes the duty of the courts of Decisions of the appellate courts.
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to Power of judicial review – the authority of courts to
determine whether or not there has been a grave abuse declare laws and other acts of the government officials
of discretion amounting to lack or excess of invalid for being contrary to the constitution.
jurisdiction on the part of any branch or - It is the prerogative to determine the validity
instrumentality of the government. of executive and legislative acts as measured
against the limitations and guidelines set among the branches – while the executive and the
forth in the fundamental law of the and legislative departments may have been wittingly or
- Means by which the judicial department unwittingly made more powerful than the judiciary,
reads a applies the Constitution for the the latter has, however, been given the power to check
guidance of everyone in a society governed or rein in the unauthorized exercise of power by the
by the Rule of Law. other two.
- Through such power, the judiciary enforces
the supremacy of the Constitution. Expanded Judicial Power and Certiorari Jurisdiction
Judicial supremacy – is the power of judicial review in
actual and appropriate cases and controversies, and is Second paragraph of Section 1, Art. VIII of the
the power and duty to that no one branch or agency of Constitution
the government transcends the Constitution, which is - Unlike its counterpart in the U.S., this Court,
the source of all authority. under its expanded jurisdiction, is mandated
by the Fundamental Law not only to settle
Judicial review’s function may be seen as doing any of actual controversies involving rights which
these: are legally demandable and enforceable, but
a. Checking – whether or not the assailed act is also to determine whether or not there has
constitutional or not been a grave abuse of discretion
b. Legitimating and validating – when it amounting to lack or excess of jurisdiction
declares such act to be within constitutional on the part of any branch or
bonds instrumentality of the Government.
c. Educating – as a republican schoolmaster
may educate by formulating guiding Concept of grave abuse of discretion
principles, precepts doctrines or rules for the - Means such capricious and whimsical
proper guidance of everyone exercise of judgment as would amount to lack
Prime functions of judicial review are two sides of a of jurisdiction;
coin: - It contemplates a situation where the power is
- That of imprinting governmental action with exercised in an arbitrary or despotic manner
the stamp of legitimacy by reason of passion or personal hostility, so
- That of checking the political branches of patent and gross as to amount to an evasion
government when these encroach on ground of positive duty or a virtual refusal to perform
forbidden by the Constitution as interpreted the duty enjoined by law.
by the Court.
Judicial Restraint and Limitations on Judicial Review
Marbury v Madison
- Held that a law repugnant to the constitution Seven Pillars of limitations of the power of
is void and courts, as well as other judicial review (p. 562-563)
departments, are bound by that instrument. 1. The Court will not pass upon the
- Marbury filed an original action for a writ of constitutionality of legislation in a friendly,
mandamus with the US Supreme Court non-adversary proceeding, declining because
pursuant to a law passed by Congress. He to decide such questions ‘is legitimate only in
wanted the Secretary of Stat to deliver his the last resort, and as a necessity in the
commission as justice of the peace in the determination of real, earnest and vital
district of Columbia. Even as the Court controversy between individuals.
recognized that Marbury had the right to his 2. The Court will not anticipate a question of
commission, the Court could not grant it to constitutional law in advance of the necessity
him since the law authorizing such original of deciding it.
action before the SC ran counter to the 3. The Court will not formulate a rule of
Constitution itself, which only allowed for constitutional law broader than is required by
the exercise of original jurisdiction in a few the precise facts to which it is to be applied.
instances, and all others to be by means of 4. The Court will not pass upon a constitutional
appellate jurisdiction, question although properly presented by the
record, if there is also present some other
And relative to the idea that the judiciary is the ground upon which the case may be disposed
weakest branch, it has also been pointed out that its of.
power of judicial review that restores equilibrium
5. The Court will not pass upon the validity of a branch before a court may come into
statute upon complaint of one who fails to existence of an immediate or threatened
show that he is injured by its operation. injury to himself as a result of the challenged
6. The Court will not pass upon the action.
constitutionality of a statute at the instance of - Is satisfied when an actual controversy or the
one who has availed himself of its benefits. ripening seeds thereof exist between the
7. When the validity of an act of the Congress is parties, all of whom are sui juris and before
drawn in question, and even if a serious doubt the court, and the declaration sought will help
of constitutionality is raised, it is a cardinal in ending the controversy.
principle that this Court will first ascertain - A question becomes justiciable when it is
whether a construction of the statute is fairly translated into a claim of right which is
possible by which the question may be actually contested.
avoided.
Judicial supremacy is the conscious and cautious Philippine Association of Colleges and Universities
awareness and acceptance of its proper place in (PACU) v Secretary of Education
the overall scheme of government with the - The Court stated that: mere apprehension that
Constitution. the Secretary of Education might under the
law withdraw the permit of one of petitioners
Requisites of Judicial Review does not constitute a justiciable controversy.
- The Courts do not sit to adjudicate mere
Essential requisites that have to be satisfied: academic questions to satisfy scholarly
a. Presence of actual case or controversy that is interest therein, however intellectually solid
ripe for adjudication the problem may be.
b. Constitutional issue having been raised by the
proper party or one with locus standi Locus Standi
c. Constitutional issue having been raised at the
earliest opportunity Kilosbayan, Inc. v Morato
d. That the decision on the constitutional issue - It must be remembered that standing is a
is determinative of the outcome of the case, concept in constitutional law, not a mere
or that the constitutional issue is the lis mota. procedural rule to be taken lightly.
The basis of judicial review is the Constitution itself. Locus standi or legal standing – a personal and
substantial interest in the case such that the party has
Actual Case or Controversy sustained or will sustain direct injury as a result of the
governmental act that is being challenged…
Actual case or controversy – means an existing case or - The gist of the question of standing is
controversy that is appropriate or ripe for whether a party alleges such personal stake in
determination, not conjectural or anticipatory, lest the the outcome of the controversy as to assure
decision of the court would amount to an advisory that concrete adverseness which sharpens
opinion. that presentation of issues upon which the
- The controversy must be justiciable – definite court depends for illumination of difficult
and concrete, touching on the legal relations constitutional questions.
of parties having adverse interests. - The term ‘interest’ is material interest, an
- The pleadings must show an active interest in issue and to be affected by the
antagonistic assertion of a legal right, o the decree as distinguished by a mere interest in
one hand, and a denial thereof, on the other; the question involved, or a mere incidental
that is, it must concern a real, tangible and not interest.
merely a theoretical question or issue.
Galicto v Aquino III
Requirement of ripeness - With regard to the element of injury
- A question is ripe for adjudication when the threatened or caused to the party suing, “such
act being challenged has had a direct adverse aspect is not something that just anybody
effect on the individual challenging it. with some grievance or pain may assert. It has
- It is a prerequisite that something has then to direct and substantial to make it worth
been accomplished or performed by either the court’s time, as well as the effort of
inquiry into the constitutionality of the acts of branch, is actually independent of it, such as
another department of government. the Commission on Appointments and
- If the asserted injury is more imagined than Electoral Tribunals.
real, or is merely superficial and 4. Voters – “He has a voice in his Government
insubstantial, then the courts may end up and whenever possible it is the solemn duty
being importuned to decide a matter that does of the judiciary, when called upon to act in
not really justify such an excursion into justifiable cases, to give it efficacy and not to
constitutional adjudication. stifle or frustrate it.”
5. Political parties – party-list organization that
Tolentino v Secretary of Finance had nominees sitting as members in the
- The Court said: We accept that this Court doe House of Representatives had standing to sue
not only adjudicate private cases; that public relative to alleged infringement of legislative
actions by ‘non-Hohfeldian’ or ideological prerogatives but a political party with
plaintiffs are now cognizable provided they members in the Congress did not have such a
meet the standing requirement of the standing.
Constitution; that under Art. VIII Sec. 1 par. - In the case of party-list organization, it was
2, the Court has ‘special function’ of the one voted for while in the case of political
vindicating constitutional rights. party, it was its members who were elected to
office.
Recognized by Court to have locus standi: 6. Associations and organizations – an
1. Citizens – a citizen acquires locus standi only organization has standing to assert the
if he can establish that he has suffered some concerns of its constituents for it is but the
actual or threatened injury as a result of the medium through which its individual
allegedly illegal conduct of the government members seek to make more effective the
expression of their voices and the redress of
Tanada v Tuvera their grievances
- With regard to citizens, the Court has held - The Court also recognized the standing of an
that when the question is one of public right association of homeowners in a government
and the object of the mandamus is to procure reservation who were affected by the
the enforcement of a public duty, the people government program’s rules and regulations
are regarded as the real party in interest and relating to the selection process of
the relator at whose investigation the beneficiaries and lot allocations.
proceedings are instituted need not show that
he has any legal or special interest in the Planters Products, Inc. v Fertiphil Corporation
result, it being sufficient to show that he is a - A seller was accorded standing in a case
citizen and such interested in the execution of assailing the constitutionality of Letter of
the laws. Instructions which compelled it to pay a
certain amount, to be paid in favor of a
2. Taxpayers – is properly brought only when private corporation.
there is an exercise by Congress of its taxing - The Court has pointed out that the operative
or spending power. They have the right to fact doctrine is the exception, rather than the
know how and where their money is being rule when it comes to the effect of
spent. invalidation.
3. Legislators – (or even Congress itself) may
bring suit if legislative prerogatives are Standing jus tertii will be recognized only if it can be
threatened, usurped or encroached upon by shown that the party suing has some substantial
the President, not only in the exercise of relation to the third party, or that the right of the third
legislative powers but also in their party cannot assert his constitutional right, or that the
constitutionally mandated functions, such as third party will be diluted unless the party in court is
the canvass of the votes for the President and allowed to espouse the third party’s constitutional
the Vice President. claim.
- However, merely being a legislator would not
justify any assertion of standing where the 7. LGUs – in regards to matters that concern
prerogatives allegedly impaired belong not to them, such as the need for them to be
Congress itself but to a body which, even if consulted and to concur on certain national
closely intertwined with the legislative projects or activities, or in relation to their
entitlement to the Internal Revenue provision of law, of law or a
Allotment. or even if the statute only
entire statute insofar as it
Transcendental importance exception: altogether applies to the
In cases of paramount importance where serious petitioner
constitutional questions are involved, the standing and others
requirements may be relaxed and a suit may be similarly
allowed to proper even when there is no direct injury situated,
to the party claiming the right of judicial review. without need
to nullify the
What may constitute cases of transcendental law or
importance: provision
1. character of the funds or other assets involved in the thereof
case
2. presence of a clear case of disregard of a NOTE: Facial challenge need not necessarily lead to
constitutional or statutory prohibition by the public facial invalidation.
respondent agency or instrumentality of the
government Timeliness of the Constitutional Issue Being Raised
3. lack of any other party with a more direct and
specific interest in raising the questions being raised. It is not the date of filing the petition that determines
whether the constitutional issue was raised at the
Facial challenge – for more definitions, see p. 584 earliest opportunity.
- As a general rule, only persons directly The earliest opportunity to raise a constitutional issue
affected by a law or regulation have the is to raise it in the pleadings before a competent court
standing to assail the same. However, when it that can resolve the same, such that, ‘if not raised in
comes to free speech cases, one not directly the pleadings, it cannot be considered at the trial, and,
affected or injured may question the law or if not considered at the trial, it cannot be considered on
regulation. appeal.
Facial challenge As-applied challenge Moldex Realty, Inc. v Housing and Land Use
- Is an - Considers Regulatory Board
examination of only extant - The Court has pointed out: this requisite
the entire law facts should not be taken to mean that the question
affecting real of constitutionality has not been raised before
litigants is not a valid reason for refusing to allow it to
- Ability of a - Ability of a be raised later.
petitioner to petitioner to - A contrary rule would mean that a law,
bring forth a suit judicially otherwise unconstitutional, would lapse into
challenging the challenge a constitutionality by the mere failure of the
constitutionality law or proper party to promptly file a case to
of an enactment provision of challenge the same.
or provisions law that has
thereof, even if been It is also highlighted that the raising of the
the petitioner has specifically constitutional issue must be before a competent
not yet been applied tribunal, which is a court of justice, not an
directly injured against the administrative or quasi-judicial body.
by the petitioner
application of The Court, even without anybody raising the
the law in constitutional issue, may also inquire into the matter
question where its jurisdiction to act is itself questionable.
Facial invalidation As-applied
invalidation Issue of Constitutionality as Lis Mota
- Nullification on - Invalidation
constitutional of the Lis Mota – a dispute that has begun and later forms the
grounds by the application basis of a lawsuit.
courts of a of a provision
Courts will not touch the issue of constitutionality that the law was in accordance with the Fundamental
unless it is truly unavoidable and is the very lis mota Law.
or crux of the controversy – the courts are guided by
the related canon of adjudication that ‘the court should Planters Products, Inc. v Fertiphil Corporation
not form a rule of constitutional law broader than is - The doctrine of operative fact only applies as
required by the precise facts to which it is applied’. a matter of equity and fair play. It nullifies the
Thus courts, accordingly must undertake a purposeful effects of an unconstitutional law by
hesitation before declaring a law unconstitutional. recognizing that the existence of a statute
- This rule is primarily based on the separation prior to a determination of unconstitutionality
of powers and the presumption of is an operative fact and may have
constitutionality. consequences which cannot always be
ignored.
Sameer Overseas Placement Agency, Inc. v Cabiles - The doctrine is applicable when a declaration
- Involves a reenactment of a provision which of unconstitutionality will impose an undue
has been declared unconstitutional burden on those who have relied on the
- The Court did not deem it necessary to decide invalid law.
its constitutionality in cases involving facts
which transpired before the amendment, but For the operative fact doctrine to apply, there must
in this case, decided to address the issue even be a legislative or executive measure, meaning a
if the case similarly involved facts before the law or executive issuance that is invalidated by the
amendatory law. court.
- SC: When a law or a provision of a law is null
because it is inconsistent with the Doctrine of Relative Constitutionality
Constitution, the nullity cannot be cured by
reincorporation or reenactment of the same or Doctrine of Relative Constitutionality – laws may
a similar law or provision. A law or provision be constitutional but may eventually be
of law that was already declared considered unconstitutional due to changing
unconstitutional remains as such unless circumstances, or when seen from a different
circumstances have so changed as to warrant perspective.
a reverse conclusion.
Moot and Academic Questions
In fine, while there are requisites that have to be
complied with before the Court may properly exercise Moo and academic case – one that ceases to
is power of judicial review, it may, in certain instances present a controversy by virtue of supervening
which it deems important enough, still proceed to events, so that a declaration thereon would be of
determine the constitutionality of a law or any other no practical use or value
act of the government for the proper guidance of
everyone. Even if issues have become moot and academic,
the Court has held that may still proceed to decide
In connection with the power of courts to declare laws the case under some exceptional circumstances.
or other acts unconstitutional, this is not confined only
to the Supreme Court. Lower courts are also David v Macapagal-Arroyo
empowered to do so. - The moot and academic principle is not a
magical formula that can automatically
Operative Fact Doctrine dissuade the courts in resolving a case.
- Courts will decide cases, otherwise moot and
When a law is declared unconstitutional, it means that academic, if:
it was never valid from the beginning. However, it may a. There is a grave violation of the Constitution
not always be fair and just that persons who relied on b. The exceptional character of the situation and
the presumed constitutionality of the law would be the paramount public interest is involved
prejudiced by the court’s pronouncement of c. When constitutional issue raised requires
unconstitutionality, thus the development of the formulation of controlling principles to guide
operative fact doctrine. The invalidation of a law does the bench, the bar, and the public
not necessarily result in invalidating also of the acts d. Case is capable of repetition yet evading
done by others, relying in good faith on the assumption review. (applies only where the following
two circumstances concur):
 Challenged action is in its duration too  All cases in which only an error or
short to be fully litigated prior to its question of law is involved.
cessation or expiration
 Reasonable expectation that the same The Supreme Court has both original and appellate
complaining party would be subjected to jurisdiction – which Congress may not diminish. Also,
the same action again Congress cannot add o the appellate jurisdiction of the
SC without the latter’s advice.
Further, another exclusionary circumstance that may
be considered is where there is voluntary cessation of En Banc Cases
the activity complained of by the defendant or doer. - More important cases involving
- Thus, once a suit is filed and the doer constitutionality of treaties, international
voluntarily ceases the challenged conduct, it agreements, or law
does not automatically deprive the tribunal of - Must be decided with the concurrence of a
power to hear and determine the case does not majority of the Members who actually took
render the case moot especially when the part in the deliberations on the issues and
plaintiff seeks damages or prays for voted thereon
injunctive relief against the possible - Only the Court En Banc has the power to
recurrence of the violation. declare a law unconstitutional.
The Supreme Court League of Cities of the Philippines v COMELEC

- The requirement of concurrence of majority
The SC is at the apex of the judicial pyramid, the was deemed applicable only to the initial vote
conscience of the government. on the petition but also to the motions for
Composition: 1 Chief Justice, 14 associate justices reconsideration.
Powers/Functions: exercise of judicial power, rule- - The provision, as couched, exacts a majority
making powers and administrative functions vote in the determination of a case involving
the constitutionality of a statute, without
Adjudicatory Powers distinguishing whether such determination is
is made on the main petition or thereafter on
In regard to its adjudicatory powers, the SC may a motion for reconsideration.
decide en banc, or as single body, or in divisions.
Currently, it has 3 divisions of 5 members each. With regard to its original jurisdiction over petitions
for certiorari, prohibition, mandamus, quo warranto,
Powers of the Supreme Court: and habeas corpus, the Court has concurrent
• Exercise original jurisdiction over cases jurisdiction with lower tribunal, and for which
affecting ambassadors, other public mandate that such cases must first be brought before
ministers, consuls, and over petition for such lower courts and not immediately to the Supreme
certiorari, prohibition, mandamus, quo Court.
waranto and habeas corpus - A direct invocation of the Supreme Court’s
• Review, revise, modify, or affirm on appeal jurisdiction is allowed only when there are
or certiorari, as the law or the Rules of Court special and important reasons therefor,
may provide, final judgments and orders of clearly and specially set out in the petitions.
lower courts in: The principle requires that recourse must fist
 All cases in which the constitutionality be made to the lower-ranked court exercising
or validity of any treaty, international or concurrent jurisdiction with a higher court.
executive agreement, law, presidential
decree, proclamation, order, instruction, Limitations on the cases decided by the Divisions:
ordinance, or regulation is in question. a. They cannot modify or reverse a doctrine or
 All cases involving the legality of any principle of law laid down by the Court – only
tax, impost, assessment, or toll, or any the Court en banc can do that.
penalty imposed in relation thereto. b. Cases or maters heard by a Division shall be
 All cases in which the jurisdiction of any decided or resolved with the concurrence of a
lower court is in issue majority of the Members who actually took
 All criminal cases in which the penalty part in the deliberations and voted thereon,
imposed is reclusion perpetua or higher but it must have the concurrence of at least 3
of such Members
c. When the required number is not obtained, - The Court pointed out that the rule-making
the case shall be decided by the Court en banc power of this Court was expanded (through
the 1987 Constitution). For the first time, this
The decisions of the Divisions cannot be appealed to Court was given the power to promulgate
the Court en banc – the latter is not an appellate court rules concerning the protection and
in so far as the Divisions are concerned. All of them enforcement of constitutional rights. Also,
constitute just one court, and a decision of a Division the power to disapprove rules of procedure of
is as much a decision of the Court as are in its en banc special courts and quasi-judicial bodies.
dispositions. - Most importantly, the Constitution took away
the power of Congress to repeal, alter, or
Philippine Duplicators, Inc. v National Labor supplement rules concerning pleading,
Relations Commission practice and procedure.
- Decisions of the Divisions of the SC may
sometimes be inconsistent or conflicting. In Republic v Gingoyon
one instance, where the Court was confronted - When it comes to procedural rules, the same
with the issue as to whether commissions are is now within the exclusive domain of the
to be included in the computation of 13th Supreme Court, leaving to Congress the
month pay, one Division held that they are. power to provide for substantive rules.
The following month, another Division held - In its Resolution on the motion for
otherwise. reconsideration, the Court declared that: The
- The doctrines enunciated in these 2 cases in right of the owner to receive just
fact co-exist one with the other. The 2 cases compensation prior to acquisition of
present quite different factual situations possession by the State of the property is a
(although the same word ‘commissions’ was proprietary right, appropriately classified as a
used or invoked) the legal characterization of substantive matter and, thus, within the sole
which must accordingly differ. province of the legislature to legislate on. It is
possible for a substantive matter to be
Cabuay, Jr. v Malvar nonetheless embodied in a rule of procedure,
- Case wherein the Court realized two and to certain extent, Rule 67does certain
decisions of different divisions were matters of substance. Yet the absorption of
irreconcilable. The two decisions recognized the substantive point into a procedural rule
ownership of the same piece of land in two does not prevent the substantive right from
different parties. being superseded or amended by statute, for
- The Court ended up statin that the Decision the creation of property rights is a matter for
that came up with the later decision was the legislature to enact on, and not for the
misled. courts to decide upon.
In line with the standing of the SC in the republican Re: Petition for Recognition of the Exemption of the
system of government, it is not subject to legislative GSIS from Payment of Legal Fees
restrictions on the exercise of its power, such as the - Congress has no more right to exempt certain
issuance of temporary restraining orders (TROs), or entities from the payment of legal fees
writs of injunction because the Court, “as the third relative to court actions.
great department of government vested with the - Since the payment of legal fees is a vital
judicial power and as the guardian of the Constitution, component of the rules promulgated by this
cannot be deprived of its certiorari jurisdiction to pass Court concerning pleading, practice and
upon and determine alleged violations of the citizens’ procedure, it cannot be validly annulled,
constitutional and legal rights under the Rule of Law. changed, modified by Congress.
Rule-Making Powers In Re: In the Matter of Clarification of Exemption

from Payment of All Court and Sheriffs Fees of
The 1987 Constitution has also substantially expanded Cooperatives Duly Registered in Accordance with
the rule-making power of the SC, especially in regard Republic Act No. 9520 Otherwise Known as the
to the promulgation of procedural rules. Philippine Cooperative Code of 2008
- The Court reiterated its ruling in the GSIS
Echegary v Secretary of Justice case when it denied the petition of the
cooperative to be exempted from payment of
legal fees under Sec. 7 (c) of Rule 141 of the 4. for SC and lower collegiate courts: must be
Rules of Court relative to fees in petitions for persons of proven competence, integrity,
extra-judicial foreclosure. probity and independence.
Judicial and Bar Council

Administrative Powers
Composition:
Administrative powers of the SC: 1. Chief Justice as ex officio Chairman
1. Assignment of lower court judges to other 2. Secretary of Justice
stations as public interest may require – 3. representative of the Congress as ex officio
which assignment should not however, Members
exceed six months 4. a representative of the Integrated Bar
2. Order a change of venue or place of trial 5. a professor of law
3. Appoint and discipline officials and 6. retired member of the Supreme Court
employees of the judiciary – subject to Civil 7. representative of the private sector
Service Law
4. Determination of judicial rankings and salary The regular members of the Council are appointed by
adjustments of the personnel in the judiciary the President for a term of 4 years subject to
5. Authority relative to the requirement for confirmation by the Commission on Appointments
clearances by court employees, to the The Clerk of the Supreme Court acts as the Secretary
exclusion of the Civil Service Commission ex officio.
6. Disciplinary authority over members of the
lower courts, which power excludes any Chavez v JBC
authority of the Ombudsman to look into. - Historical background: long before the
- It can also discipline a former member of the naissance of the present Constitution, the
Court itself for any misconduct during his annals of history bear witness to the fact that
tenure (In Re: Undated Letter of Mr. Louis C. the exercise of appointing members of the
Biaogo, Petitioner in Baraogo v Nograles and Judiciary has always been the exclusive
Limkaichong) prerogative of the executive and legislative
- However, the Court’s administrative branches of the government. (1935
supervision over all inferior courts and court Constitution)
personnel does not extend to a criminal case - Then, with the fusion of executive and
filed against a judge which is not related to legislative power under the 1973
the performance of his duties as a judge. Constitution, the appointment of judges and
justices was no longer subject to the scrutiny
Appointments in Judiciary of another body.
- As to the role played by the JBC relative to
Appointments of members of the judiciary, from the the constitutional ban on midnight
Supreme Court, to the judges of the lower courts, are appointments, the Court observed that “the
made by the President, subject to the vetting process intervention on the JBC eliminates the danger
undertaken by the Judicial and Bar Council. that appointments to the Judiciary can be
made for the purpose of buying votes in a
The court employees are appointed by the Supreme coming presidential election, or of satisfying
Court in accordance with the Civil Service Law. partisan considerations.
Qualifications for appointment in the judiciary: - The creation of the JBC was precisely
1. for SC and lower collegiate courts: natural- intended to de-politicize the Judiciary by
born citizenship doing away with the intervention of the
2. for SC: must at least be 40 years & must have Commission on Appointments.
been for 15 years or more a judge of a lower - With regard to the representative coming
court or engaged in the practice of law. from Congress, notwithstanding that such
3. For lower courts: Congress may provide body has two chambers, the Court held that
qualifications, but no one may be appointed pursuant to the language of the Fundamental
unless a citizen of the Philippines and a Law itself, there should only be one
member of the PH Bar. representative from Congress, subject to both
chambers working out the appropriate
arrangement as to how to determine who will - Must set forth clearly and distinctly the facts
sit as a member at any given time. and the law on which they are based
This requirement applies only to cases submitted for
Jardaleza v Sereno decisions, not mere resolutions or orders refusing due
In relation to the period within which the JBC may course to a petition for certiorari.
start doing its job relative to vacancies in the Supreme The requirement does not also apply to administrative
Court, the Court held that: the 90-day period is bodies.
directed to the President, not at the JBC. Thus, the JBC
should start the process of selecting the candidates to It has likewise been pointed out that “lack of merit” is
fill the vacancy in the SC before the occurrence of the a legal basis for denying a petition or motion for
vacancy. ... reconsideration.
The JBC has no discretion to submit the list to the
President after the vacancy occurs, because that Agoy v Araneta Center, Inc.
shortens the 90-day period allowed by the Constitution Minute resolutions – are issued for the prompt dispatch
for the President to make the appointment. of the actions of the Court.
- While they are results of the dispatch of the
Decision Making Guidelines and Parameters actions of the Court, they are promulgated by
the Clerk of Court or his assistants whose
In the case of the Supreme Court and other collegiate duty is to inform the parties of the action
courts, since their judgments are not simply those of taken on their cases by quoting verbatim the
individual members but the courts themselves, the resolutions adopted by the Court.
conclusions are reached after earlier consultation
among the members before the case is assigned to a In regard to the requirement that those who abstained
member for the writing of the decision, which fact or dissented must state the reason therefore, failure to
must be certified to by the Chief Justice. Any do so does not invalidate the judgment rendered but
member who took no part, or dissented or who may subject the erring magistrate to possible liability.
abstained must state the reason therefor.
Given periods within which to decide or resolve cases:
In collegiate courts, the ponente or writer of the 1. Supreme Court – within 24 months
opinion must be alive at the time of the promulgation. 2. Court of Appeals and other collegiate courts
– within 12 months
Certification requirement – refers to decisions in 3. Lower courts – 3 months
judicial, not administrative cases The period prescribed is directory, but it is not
- Its purpose is to ensure the implementation of jurisdictional. They court may still proceed to decide
the constitutional requirement that decisions the case, subject to any liability that might have been
of the SC and lower collegiate courts, such as incurred.
the Court of Appeals, Sandiganbayan and
Court of Tax Appeals, are reached after Fiscal Autonomy of the Judiciary
consultation with the members of the court
sitting en banc or in a division before the case Fiscal autonomy – freedom from outside control
is assigned to a member thereof for decision- - Guarantee of full flexibility to allocate and
writing. The decisions are thus rendered by utilize their resources with the wisdom and
the court as a body and not merely by a dispatch that their needs require
member thereof.
- However, absence of certification would not With the grant of fiscal autonomy, the Supreme Court
have the effect of invalidating the decision – has been significantly empowered to resist any
it would only serve as evidence of failure to perceived invasion of its prerogatives to manage its
observe the certification requirement and own affairs.
may be a basis for holding the official
responsible. Re: COA Opinion on the Computation of the
Appraised Value of the Properties Purchased by the
The decisions should also express clearly and Retired Chief/Associate Justices of the Supreme Court
distinctly the facts and the law on which they are - Under the guarantees of the Judiciary’s fiscal
based. autonomy and its independence, the Chief
- Decisions of the courts must be in writing Justice and the Court en banc determine and
decide the who, where, when and how of the
privileges and benefits they extend to
justices, judges, court officials and court The Court, within the thirty days from the opening of
personnel within the parameters of the Courts each regular session of Congress, will have to submit
granted power; they determine the terms, to the President and Congress an annual report on the
conditions and restrictions of the grant as operations and activities of the judiciary.
grantor.
Miscellany
Radiowealth, Inc v Agregado
- The court could not maintain its The Courts are there to hear and act on his complaint.
independence and dignity as the Constitution The right to litigate is an escape valve to relieve the
intends if the executive personally or through pressures of personal disagreements that might
subordinate officials could determine for the otherwise explode into physical confrontation. It is
court what it should have or use in the necessary not only for upholding one’s claim when
discharge of its functions, and when and how they are unjustly denied but also for the maintenance
it should obtain them. of peace if not goodwill among incipient antagonists.
Without the right to litigate, conflicting claims cannot
The Supreme Court and the Legal Profession be examined and resolved in accordance with one of
- The practice of law is under the supervision the primary purposes of government, which is to
of the Supreme Court, form admission, provide for just and orderly society.
continuing education to discipline of lawyers.
It oversees the affairs of the Integrated Bar of Courts are not the forum to plead for sympathy. They
the Philippines. duty of courts is to apply the law, disregarding their
feeling of sympathy or pity for an accused.
In Re: Cunanan
- Involving an act of Congress decreeing that While the judiciary might have been referred to as the
bar candidates who obtained grades lower weakest of the branches of the Government, the
than those set by the SC be admitted to the present Constitution has seen it fit to strengthen it to
practice of law, the Court said: ensure that it be able to do its job of standing up the
The disputed law is not a legislation; it is a judgment political branches.
– a judgment revoking those promulgated by this
Court during the aforecited year affecting the bar CHAPTER 8
candidates concerned; and although this Court CONSTITUTIONAL COMMISSIONS
certainly can revoke these judgments even now, for
justifiable reasons, it is no less certain that only this - Functions are executive in nature, but are not
Court, and not the legislative nor executive under the jurisdiction of the Philippine President.
department, that may be so. - Tasked to perform equally important
undertakings to ensure that the different
Practice of law – means any activity, in or out of court, departments, instrumentalities and offices are
which requires the application of law, legal procedure, kept within their carefully allocated powers
knowledge, training and experience. and functions.
- Generally, to practice law is to give notice or - There are three offices: (1) Civil Service
render any kind of service, which device or Commission, (2) Commission on Elections,
service requires the use in any degree of legal and (3) Commission on Audit
knowledge or skill - Being independent Commissions, each has to
mind its own business.
Once a person has been admitted to the practice of law - In Funa v. Duque, each of the constitutional
by the SC, then he should be able to appear before commissions conducts its own proceedings
quasi-judicial bodies without being able to appear under applicable laws. Its decisions and
before quasi-judicial bodies without being subjected to rulings are subject only to review on
another examination to qualify him. certiorari by the Court as provided by the
Constitution.
Disciplinary investigations, of and sanctions against, - In Borromeo v. CSC, where government
lawyers may result in admonitions, contempt, expenditures or use of funds is involved, CSC
suspension, or even disbarment. cannot claim an exclusive domain simply
because leave matters are also involved. The
Reporting Function
three offices are equally pre-eminent in their for agencies are withheld pending their
respective spheres submission of certain documents required.
Such policy cannot be enforced against
Institutional Independence offices possessing fiscal autonomy without
violating the Constitution.
- The constitution itself characterizes the CC as
independent; The CC are constitutionally Common Provisions
created, thus not subject to abolition by
congress - Independent bodies; follows a rotational
- Members of the Commission are entitled to scheme or staggered appointments and terms
fixed seven-year terms, and they could only of office, all for a uniform seven years;
be removed by impeachment Appointments are subject to confirmation by
- The CC follow the rotational scheme or the Commission on Appointments; must have
staggered appointments and terms of office. not been candidates in the election
- Salaries of members cannot be decreased immediately preceding their appointment; all
during their tenure members are removable only through
- Each Commission is authorized to appoint its impeachment
own officials, promulgate its own rules of - As to qualifications: Natural-born citizrens,
procedure, but their decisions are subject to at least thirty-five years of age and must not
direct review by the Supreme Court. have been candidates in the election
- The Court has held that the President does not immediately preceding their appointment
have the power to designate an acting
Chairman since this would have the effect of
impairing the independence of the Note:
Commissions. Thus, a designation as Acting - Any appointment to a vacancy shall only for
Chairman is by its very terms essentially the unexpired term of the predecessor. The
temporary and therefore revocable at will. members are not also not eligible for
(Brillantes, Jr. v. Yorac) reappointment
- As to the Constitutional Commission’s - In Funa v. Villar, the Court clarified that the
decision-making: A majority vote of all the term proscribed “reappointment” means a
members of the Commission en banc is movement to one and the same office. An
necessary to arrive at a ruling. In other words, appointment involving a movement to a
the vote of four (4) members must always be different position or office would constitute a
attained in order to decide, irrespective of the new appointment and, hence, not a
number of Commissioners in attendance. reappointment barred under the Constitution.
- The phrase ‘without reappointment’ applies
Note: only to one who has been appointed by the
- No fund transfers or cross-border President and confirmed by CA, whether or
augmentation of the appropriations may be not such person completes his term of office
made by the President to the Commissions.
Fiscal Autonomy - Under existing constitutional and statutory

- Have been given the autonomy and authority provisions, the certiorari jurisdiction of the
to do things which and are reasonably Court over orders, rulings and decisions of
necessary for the discharge of their duties and the COMELEC is not as broad as it used to
responsibilities and the performance of their be and should be confined to instances of
functions without interference from the grave abuse of discretion amounting to patent
Executive Department. and substantial denial of due process
- Contemplates a guarantee of full flexibility to - As to the power of COA, that such does not
allocate and utilize their resources with the extend to the disallowance of irregular
wisdom and dispatch that their needs require unnecessary or unconscionable expenditures,
- In CSC v. DBM, The Commissions could not or use of government funds and properties,
be subjected to the “no report, no release” but only to the promulgation of accounting
policy of the Department of Budget and and auditing rules for, among others, such
Management. Under this policy, allocations
disallowance – to be untenable in light of the - Without satisfying these conditions, the
provisions of the Constitution regularity of the intervals between
appointments would be destroyed.
- A member of a Constitutional Commission
may be extended a promotional appointment
as Chairman, the same must not result in
REVIEW CERTIORARI either exceeding the total seven-year term of
Digging into the Deals exclusively with the member, nor result in appointments
merits and grave abuse of which would be shorter that the prescribed
unearthing errors of discretion; implies term
judgment an indifferent
disregard of the law,
arbitrariness and THE CIVIL SERVICE COMMISSION
caprice, an omission to
weigh pertinent - The government offices need to be managed
considerations, a efficiently and professionally, by men and
decision arrived at women who are conscious of their role in
without rational providing quality public service
deliberation - The Civil Service shall be administered by
the CSC composed of a Chairman and two
Commissioners who shall be:
Rotational Scheme or Staggered Appointments and (1) Natural-born citizens of the Philippines
Terms of Office (2) At the time of the appointment, at least
thirty-five years of age
- While all the members of the Commissions (3) With proven capacity for public
are deemed to start on the same date, their administration
terms of office expire on different dates (4) Must not have been candidates for any
- For the first appointees under the 1987 elective position in the elections
Constitution: the chairmen had a term of immediately preceding their
office of seven years, the other members for appointment
a term of five years, and the last ones for a - Chairman and Commissioners shall be
term of three years. appointed by the President with the consent
- At the expiration of their terms, their of CA for a term of seven years without
successors would then be entitled to the reappointment
full seven-year terms, with the vacancies 1. Chairman – 7 years
occurring every two years, except for the 2. Commissioner – 5 years
last one which is followed by a three-year 3. Another Commissioner – 3 years
gap [Appropriate starting point of the terms - As the central personnel agency of the
of office: February 02, 1987]. Government, the CSC is given the task of
- This scheme enhances the Commissions’ establishing a career service and adopting
independence since, theoretically, no single measures to promote morale, efficiency,
President may appoint all of the members. integrity, responsiveness, progressiveness,
- The operation of the rotational plan and courtesy in the civil service
requires two conditions, both - It is further given the responsibility of
indispensable to its workability strengthening the merit and rewards system
1. That the terms of the first three The Civil Service

commissioners should start on a
common date - Rests on the principle of application of the
2. That any vacancy due to death, merit system instead of the spoils system in
resignation or disability before the the matter of appointment and tenure of office
expiration of the term should only be - MERIT AND FITNESS SYSTEM: based
filled for the unexpired balanced of the on competitive examinations
term - Civil Service are prohibited from engaging in
partisan political activities.
- In Meram v. Edralin, Supreme Court said that duties of the office but primarily close
Civil Service laws are designed to eradicate intimacy which insures freedom of
the system of appointment to public service intercourse without embarrassment or
based on political considerations and to freedom from misgivings of betrayals of
eliminate as far as practicable the element of personal trust or confidential matters of
partisanship and personal favoritism in state”.
making appointments 2. A strict reading of the law reveals that
- Under the present constitution, the coverage primarily confidential positions fall
of the Civil Service would only extend to under the non-career service and do not
GOCCs with original charters; However, the have security of tenure. However, the
Civil Service does not include GOCCs under confidential employee may be appointed
the general corporation law. or remain in position even beyond the
compulsory retirement age of 65 years.
Merit and Fitness Requirement 3. Characterization should principally be
based on the nature of the position, not
General Rule: The Civil Service is characterized the designation by law or otherwise; For
primarily with entry based on merit and fitness this purpose, the proximity rule is
determined, as a general rule, based on competitive followed in the sense that there must be
examinations, security of tenure, and opportunity for that element of closeness and intimacy
advancement between the appointing authority and
the employee.
Exceptions: - As for one in POLICY DETERMINING
1. Policy determining POSITIONS: He “formulates a method of
2. Primarily confidential action for the government or any of its
3. Highly technical subdivisions”
- As for one in HIGHLY TECHNICAL
POSITIONS: “must possess a technical skill
- In Lazo v. CSC, the requirement of having to or training in the supreme or superior degree”
pass a civil service examination carries with
it the authority of the CSC to revoke the With respect to the determination as to which positions
eligibility of someone who might have are primarily confidential, policy determining, or
fraudulently obtained the same highly technical, Pinero v. Hechanova held that it is
- The duty of the CSC is to attest appointments; the nature of the position that is determinative,
By the same token, should the CSC find the notwithstanding any statutory classification to the
appointee is not qualified for the position, it contrary
has the duty to disapprove the appointment [Take note: Pinero doctrine is still controlling;
- However, the Court has pronounced in no continues to be applicable up to the present and is
uncertain terms that the CSC has no authority hereby maintained]
to revoke an appointment on the ground that
another person is more qualified for a Security of Tenure
particular position
- The guarantee of security of tenure under the
Constitution is not a guarantee of perpetual
Note: employment. It only means that an employee
- The requirement of determining merit and cannot be dismissed (or transferred) from the
fitness through competitive examinations service for causes other that those provided
does not apply to the primarily confidential, by law and after due process is accorded the
policy determining, and highly technical employee.
positions - What it seeks to prevent is capricious
exercise of the power to dismiss (De
Guzman, Jr. v. COMELEC)
- In regard to those occupying primary
- As to PRIMARY CONFIDENTIAL confidential, policy determining or highly
POSITIONS: technical, they may be exempted from the
1. The phrase “denotes not only confidence requirement of determining their merit and
in the aptitude of the appointee for the fitness through competitive examination but
they are still covered by the assurance of NOTE: When it comes to abolition of office, the
security of tenure. (XPN: Primarily prerogative belongs to Congress, not the Civil Service
confidential – when they are separated from Commission.
the service due to loss of trust or confidence,
the same does not amount to removal. Their
term of office is deemed to have expired)
- For the purpose of determining if an Nepotism
employee may lose his employment due to
loss of trust and confidence, it is important to - Form of corruption that must be nipped in the
determine if he is occupying a primarily bud or abated whenever or wherever it raises
confidential or high technical position since its ugly head
for the former, loss of confidence is enough - The purpose of prohibition against nepotism
basis to see him out of the door. is to ensure that all appointments and other
personnel actions in the civil service should
NOTE: Tenure of officials holding primarily be based on merit and fitness and should
confidential positions ends upon loss of confidence, never depend on how close or intimate an
because their term of office lasts only as long as appointee is to the appointing power
confidence in them endures. - Nepotism is defined as an appointment
issued in favor of a relative within the third
- Parenthetically, to be entitled to security of civil degree of consanguinity or affinity of
tenure, one must have the required eligibility; any of the following:
The guaranty of security of tenure also (1) Appointing authority
encompasses permanence in the place where (2) Recommending authority
he is assigned or appointed (3) Chief of the Bureau or Office
- Within the Career Executive Service, (4) Person exercising immediate supervision
personnel can be shifted from one office or over the appointee
position to another without violation of - It is a prohibition directed at natural persons,
their right to security of tenure because not to the office; It has likewise been held that
their status and salaries are based on their the rule covers not only appointments but
ranks and not on their jobs also designations
- With regard to reorganizations, they may be - The rule insures the objectivity of the
considered as a valid manner of separating appointing or recommending official by
employees from government service without preventing that objectivity from being in fact
violating the guaranty of security of tenure. tested
However, the same must be done in good
faith. Classification of Positions in the Civil Service
- A reorganization in good faith is one
designed to trim the fat off bureaucracy and - Positions in the Civil Service are be classified
institute economy and greater efficiency in its into: (1) Career service and (2) Non-career
operation; It is not a mere tool of the spoils service
system to change the face of bureaucracy - Career Service is characterized by:
- A bona fide abolition of office is not removal (1) Entrance based on merit and fitness
without cause. After abolition, there is in law to be determined as far as practicable
no occupant. Thus, there can be no tenure to by competitive examination, or based
speak of. Nevertheless, abolition of an office on highly technical qualifications
is obviously not the same as the declaration (2) Opportunity for advancement to
that the office is vacant. higher career positions
- In Canonizado v. Aguirre, declaring that “the (3) Security of tenure
terms of office of the current commissioners - Non-Career Service is characterized by:
are deemed expired” was not considered a (1) Entrance on bases other than those of
valid means of effecting reorganization the usual tests of merit and fitness
where the office continued to exercise utilized for the career service
substantially the same administrative, (2) Tenure which is limited to a period
supervisory, rule-making, advisory and specified by law
adjudicatory functions.
- Security of tenure in the career executive Receiving gratuity in addition to separation pay for
service is thus acquired with respect to rank basically the same service constitutes double
and not position compensation
Public officials are also prohibited from accepting,

Salary Standardization without the consent of Congress, of any present,
emolument, office or title of any kind from any foreign
- Congress passed the Salary Standardization government.
Law (1989), which adopted the policy of
providing “equal pay for substantially equal COMMISSION ON ELECTIONS
work and to base differences in pay upon
substantive differences in duties and - Essential to a republican state is the
responsibilities and qualification determination of the people as to who they
requirements of the positions choose to have the reins of government
through the periodic exercise of holding
Partisan Political Activities elections.
- The constitution envisions a truly
GENERAL RULE: Employees in the CS are independent Comelec committed to ensure
prohibited from engaging in electioneering or partisan free, orderly, honest, peaceful, and credible
political campaign elections
- The commission is composed of a Chairman
Note: This rule only applies to civil servants holding and six Commissioners who shall be natural-
apolitical offices; does not cover elected officials born citizens of the Philippines and, at the
time of their appointment, at least thirty-five
- Candidates who lost in any election cannot be years of age, holders of a college degree, and
appointed to any office in the Government, must not have been candidates for any
including GOCCs elective position in the immediately
preceding elections. The Chairman and
Additional and Multiple Offices majority of the members should have been in
- The constitution also prohibits the the practice of law for at least ten years.
appointment or designation of elective - The COMELEC being a collegial body, it
officials to other public office or position acts through the decision of the members as a
during his tenure, as well as prohibit body, not only through the Chairman.
appointive officials from holding any other However, as head of the Commission, there
office or employment in the Government or are also other acts, which he can do on his
any subdivision, agency or instrumentality. own (i.e. sole officer specifically vested with
the power to transfer or reassign COMELEC
Double or Multiple Compensation personnel)
- It is only fitting that the officials and
employees be prevented from receiving Enforcement of Election Laws
additional, double or indirect compensation,
unless specifically authorized by law - It has the authority to determine how best to
- Public office is a public trust. It is expected perform such constitutional mandate.
of a government official that he keeps Pursuant to this authority, the COMELEC
uppermost in mind the demands of public issues various resolutions prior to every local
welfare or national elections setting forth the
- In relation to this prohibition, the Court held guidelines to observed in the conduct of the
that where an alleged scheme purporting to elections
reward exemplary service by elective - The constitutional provisions relating to
officials actually results in doubling the total COMELEC have been read liberally in favor
compensation of the recipients, the same of allowing such body to do its job in the best
amounts to double and excessive of lights it sees – to give COMELEC all the
compensation necessary and incidental powers for it to
achieve the objective of holding free, orderly,
NOTE: honest, peaceful, and credible elections
Principle of viewing COMELEC in a higher judicial functions and not when it merely
plan than other administrative bodies – factual exercises purely administrative functions”
findings of administrative bodies will not be
disturbed by courts of justice except when there is - As to what may be elevated to the Supreme
absolutely no evidence or no substantial evidence court: The Court said that it must be a
in support of such findings should be applied with decision that is “a final decision or resolution
greater force when it concerns the COMELEC, as of the COMELEC en banc, not of a division.
the framers of the Constitution intended to place - The appropriate due process standards that
the COMELEC apply to the COMELEC are those outlined in
Ang Tibay v. Court of Industrial Relations
- The COMELEC has broad powers to - In regard to jurisdiction of COMELEC
ascertain the true results of the election by vis-à-vis the electoral tribunals: The Court
means available to it. For the attainment of has declared that the former would only lose
that end, it is not strictly bound by the rules – and the former would assume – jurisdiction
of evidence over a case involving a candidate for
- The Court has also decreed that the Congress after such person shall have
COMELEC, pursuant to its mandate, should become a member, which entails
disqualify on its own candidates who are proclamation as winner, taking of oath of
clearly not allowed by the law to run for office, and assumption of office.
public office.
- In regard to recall elections, the Court said in
lack of funds, the COMELEC may resort to As to the party-list system, in case of infra-party
augmentation from savings elsewhere, while questions between two groups within the same
advising the body that the conduct of recall organization or party, it is the HRET which has
elections requires operating expenses, not jurisdiction to determine contests involving the
capital outlays nominees who have assumed office in the meantime,
- As to reapportionment of districts, the while COMELEC has jurisdiction over petitions for
COMELEC has no authority to transfer cancellation of registration of party-list organizations.
municipalities from one legislative district to
another district.
- Just like the President and the courts, the Decision Formalities
COMELEC has also been recognized to have
residual powers (i.e. determination of the - As noted earlier, the COMELEC decides
validity of a voter’s registration or call for a cases initially through the divisions, not
plebiscite relative to the creation of a new immediately by En Banc. The latter would
province beyond the period set by the law in only have jurisdiction over motions for
view of the peculiar circumstances of the reconsideration of the decisions of the
case) former.
- When it comes to the needed majority in its
Adjudicative Power and Jurisdiction decisions En Banc, it must be remembered
that a majority vote of all members of the en
- The COMELEC has been given original banc is necessary to arrive at a ruling. In other
jurisdiction with regard to all contests words, the vote of four (4) members must
relating to the election, returns and always be attained in order to decide,
qualifications of elective officials. irrespective of the number of Commissioners
- In the exercise of its power to decide election in attendance.
contests, the same must first be tackled by a - The COMELEC has also adopted in its Rules
Division before being considered by the of Procedure the requirement that if any
Commission En Banc, including petitions to Member inhibits himself from a case, he must
cancel certificates of candidacy and pre- indicate the reason. Thus, non-compliance
proclamation controversies with the rule does not annul the ruling but
may be a basis for holding him responsible
NOTE: Provision requiring the case be first heard for omission
in Division “applies only when the COMELEC - With regard to the conduct of plebiscites,
acts in the exercise of its adjudicatory or quasi- particularly a petition to annul the results of
the same, the Court has held that the authority
belongs to the COMELEC, not the regular - The COMELEC is likewise tasked with the
courts function of ensuring that only qualified
parties may participate in the electoral
NOTE: To grant the RTC jurisdiction over petitions exercise, thus the authority to register
to annul plebiscite results can lead to jumbled justice. political parties and oversee their compliance
with the relevant election laws and
- Clearly, controversies concerning the regulations.
conduct of plebiscite appertain to the
enforcement and administration of a law Pursuant to its role of overseeing political parties,
relative to a plebiscite. It falls under the the COMELEC may or may not intrude in the affairs
jurisdiction of the COMELEC under Section of the political organizations. If it is purely internal, it
(2)1 of Article IX of the Constitution which may have to lay its hands off, but if it affects the
gives it the power “to enforce and administer public, or the issue has far-ranging implications
all laws and regulations relative to the affecting the public, then the COMELEC may have to
conduct of a plebiscite” look into the matter.
- As an independent constitutional body
exclusively charged with the power of - In a case where two wings of the same
enforcement and administration of all laws political party nominated two different
and regulations relative to the conduct of an candidates for the presidency, the Court said
election, plebiscite, initiative, referendum the extent of COMELEC’s participation is in
and recall, the COMELEC has the recognizing who is the rightful candidate.
indisputable expertise in the field of
election and related laws. As to an open party system contemplated by the
constitution, the court declared that such policy
Administrative Functions “envisions a system that shall ‘evolve according to the
free choice of the people,’ not one molded and whittled
- Aside from adjudicating election contests, the by the COMELEC. When the constitution speaks of a
COMELEC also has to perform some other multi-party system, it does not contemplate the
tasks to lay the groundwork for such goal. COMELEC splitting parties into two.
- The COMELEC has to determine the number
and location of polling places, appointment Elections Free, Honest, and Credible
of election officials and inspectors, and
registration of voters. - The COMELEC is given the prerogative of
- COMELEC is not empowered to decide the deputizing, with the consent of the President,
right to vote, and must have to file petitions law enforcement agencies and
in court for inclusion or exclusion of voters. instrumentalities of the government, together
- COMELEC has to make reports and with the corresponding authority to
recommendations to the President and recommend the imposition of disciplinary
Congress, for the latter political branches to sanction.
do whatever might be necessary or desirable - The COMELEC is likewise mandated to
to ensure the objectives of a truly recommend effective measures to minimize
representative electoral exercise election spending and required to submit to
the President and Congress a comprehensive
GR: With regard to administrative matters, they are report on the conduct of each election,
generally not subject to certiorari jurisdiction of the plebiscite, initiative, referendum or recall for
Supreme Court their information and appropriate action.
XPN: What is contemplated by the term ‘final orders, Electoral Over-Spending

ruling and decisions’ of the COMELEC reviewable by - One by which one could ensure the integrity
certiorari by SC are those rendered in actions or of the electoral process is to prevent
proceedings before the COMELEC and taken excessive expenses on the part of the
cognizance of by the said body in the exercise of its candidates and political parties
adjudicatory or quasi-judicial powers. - One way of leveling the playing field by
giving a fair chance to others who might have
Recognition and Registration of Political Parties less in life
Supervision and Regulation of Public Utilities and now exercise concurrent jurisdiction with the
Mass Media COMELEC to conduct preliminary
- COMELEC may, during the election period, investigation of all election offenses and
supervise or regulate the enjoyment or prosecute the same
utilization of all franchises or permits for the - It is therefore the duty of both the COMELEC
operation of transportation and other public and DOJ to perform any act necessary to
utilities, media of communication, etc. ensure the prompt and fair investigation and
- With mass media, there were legal provisions prosecution of election offenses. Hence the
for the COMELEC to acquire the so-called two agencies can agree to create of joint
“COMELEC Space” in the print media and COMELEC-DOJ Committee to undertake
“COMELEC Time” in the broadcast media such task of investigating and prosecuting
Aggregate-based airtime limits - COMELEC rule What about the possibility of the independence of the
which attempts to regulate broadcast stations by COMELEC being impaired?
coming up with a new construction of the allowable
campaign air time on radio and television, by - Even though dominated by DOJ officials, it
considering the aggregate air time nationwide and not does not necessarily follow that COMELEC
on per station basis; The court declared this as is inferior. Under the joint order, resolutions
unreasonable and arbitrary as it unduly restricts and of the Joint Committee shall still be approved
constrains the ability of the candidates and political by COMELEC in accordance with its Rules
parties to reach out and communicate with the people of Procedure.
- This shows that COMELEC, though it acts
- The COMELEC’s constitutionally delegated jointly with the DOJ, remains in control of the
powers of supervision and regulation do not proceedings.
extend to the ownership per se of PUVs and
transport terminals, but only to franchise or Freedom from Harassment
permit to operate the same - To enable the people to really choose who
they want, candidates should be free from any
Franchise or permit to Franchise or permit to form of harassment
operate a PUV operate transportation
utilities COMMISSION ON AUDIT
Limitation only on Pertains to the
certain aspects of the considerations affecting - This commission is tasked to oversee the
ownership of the vehicle the operation of the regularity in the expenditure and use of public
pertinent to the PUV funds and property; It is the watchdog of the
franchise or permit government
granted, but not on the - Its determinations may only be reviewed and
totality of the right dog overturned if it has committed a grave abuse
the owner over the of discretion, like in the case of other
vehicle Constitutional Commissions
- Both the 1973 and 1987 constitutions
Election Offenses conferred upon the COA a more active role
and invested it with broader and more
- The commission is tasked to “investigate and, extensive powers
where appropriate, prosecute cases of
violations of election laws, including acts or Composition and Qualifications:
omissions constituting election frauds, (1) Chairman and Two Commissioners
offenses, and malpractices. (2) Natural-born citizens
- However, when it comes to investigation and (3) At least thirty-five years of age at the time of
prosecution of election offenses, the same is their appointment
no longer the exclusive province of the (4) CPA with not less than 10 years of auditing
COMELEC experience or;
- Further to the issue of concurrent jurisdiction, (5) Members of the Philippine Bar who have
the Court observed that, “instead of a mere been engaged in the practice of law for at
delegated authority, the other prosecuting least ten years
arms of the government, such as the DOJ,
(6) Must not have been candidates for any
elective position in the election immediately - The scope of the COA’s authority to take
preceding their appointment cognizance of claims is circumscribed,
however, by an unbroken line of cases
The constitution vests COA, as guardian of public holding statutes of similar import to mean
funds, with enough latitude to determine, prevent and only liquidated claims, or those determined
disallow irregular expenditure of government funds. or readily determinable from vouchers,
The COA is generally accorded complete discretion in invoices, and such other papers within the
the exercise of its constitutional duty and the Court reach of accounting officers.
generally sustains its decisions in recognition of its
expertise in the laws it is entrusted to enforce. NOTE: Account is something which may be adjusted
and liquidated by an arithmetical computation and that
- The Commission shall submit to the claims for unliquidated damages cannot be considered
President and the Congress, within the time as accounts because treasury officials of US
fixed by law, an annual report covering the jurisdiction over unliquidated damages often involve a
financial condition and operation of the broad field of investigation and require the application
Government and recommend measures of judgment and discretion upon the measure of
necessary to improve their effectiveness and damages and the weight of conflicting evidence
efficiency (Philippine Operations, Inc. v. Auditor General)
Audit Function - Where the issue is determining what is due

pursuant to the principle of quantum meruit,
- COA see to it that there be no irregular, it falls within the jurisdiction of the courts,
unnecessary, excessive, extravagant, or not COA. Unliquidated claims present a
unconscionable expenditures and use of justiciable question ripe for judicial
public funds and properties determination which is beyond the powers of
COA to adjudicate.
(1) Irregular Expenditures – incurred without - The Court has also stated that COA has no
conforming with prescribed usages and rules jurisdiction over a private juridical entity
of discipline. incorporated way back in 1905. COA
(2) Unnecessary Expenditures – pertains to claimed that it may audit its financial
expenditures which could not pass the test of activities since the entity was a “body
prudence or the obligations of a good father politic”. The court ruled that COA was
of a family, thereby non-responsiveness to misapplying the charter test.
the exigencies of service
(3) Excessive Expenditures – signifies NOTE: The Charter Test is a test to determine
unreasonable expense or expenses incurred at whether a corporation is government owned or
an immoderate quantity or exorbitant price. controlled, or private in nature.
(4) Extravagant Expenditures – signifies those
incurred without restraint, judiciousness, and - With respect to private entities, if they handle
economy government funds or subsidies in court, they
(5) Unconscionable expenditures – signifies may be examined or audited by COA.
expenses without a knowledge or sense of - As to execution of court judgments: such
what its right, reasonable and just. should pass through the COA. The courts
could not just order the garnishment of
- It is tasked to be vigilant and conscientious in GOCC funds.
safeguarding the proper use of the - All money claims against the government
government’s and people’s property must first be filed with COA which must
- The exercise of its general audit power is act upon it within sixty (60) days. Rejection
among the constitutional mechanisms that of the claim will authorize the claimant to
gives life to the check and balance system elevate the matter to SC on certiorari.
inherent in our form of government - Past constitutions did not grant the Auditor
General the power to issue rules to prevent
NOTE: The act of settling accounts is limited to extravagant expenditures. Presently, COA is
liquidated amounts, but not the adjudication on to promulgate accounting and auditing rules,
unliquidated claims
including those for the prevention and NOTE: LGUs are still subject to the audit jurisdiction
disallowance of extravagant expenditures. of COA, notwithstanding their constitutionally
- With regard to the discharge of its functions, guaranteed economy.
the Court has upheld COA in lifting the
system of pre-audit of government financial Rule-Making Authority
transactions. The Court held that pre-audit is
not mandatory - COA has exclusive authority to define the
scope of its audit and examination.
NOTE: In De Llana v. COA, a pre-audit is an
examination of financial transactions before their CHAPTER 9
consumption or payment. It seeks to determine ACCOUNTABILITY OF PUBLIC OFFICERS
whether the following conditions are present:
• Those who are in government service hold
(1) The proposed expenditure complies with an their respective offices in trust and for the
appropriation law or other specific statutory benefit of the people
authority • Art. 11, Section 1, 1987 Consti: Public office
(2) Sufficient funds are available for the purpose is a public trust. Public officers and
(3) Proposed expenditure is not unreasonable or employees must at all times be
extravagant, and the unexpended balance of ACCOUNTABLE to the people, serve them
appropriations to which it will be charged is with utmost RESPONSIBILITY,
sufficient to cover the entire amount of the INTEGRITY, LOYALTY, AND
expenditure EFFICIENCY, ACT WITH PATRIOTISM
(4) Transaction is approved by the proper AND JUSTICE, and LEAD MODEST
authority and the claim is duly supported by LIVES.
authentic underlying evidence o All government officials and
employees have the duty to be
- Determinations of COA, like those of the responsive to the needs of the people
COMELEC, may be brought to the SC on they are call upon to serve
certiorari. Such refer to decisions and orders (ABAKADA PARTY LIST V.
which were rendered by COA’s in its quasi- PURISIMA)
judicial capacity, not one which was • Public office is personal to the incumbent and
promulgated under its quasi-legislative or
is not a property which passes to his heirs
rule-making powers. (ABEJA V. TANADA)
- COA, as collegiate body, has to act as such
• Consti partake of the CARROT-AND-
and not through individual Members.
STICK APPROACH
o Public service is its own reward.
Coverage and Scope
Public officers may by law be
rewarded for exemplary and
- The scope of the functions of COA involves
exceptional performance
the whole government machinery, and even
o A system of incentives for
beyond. The object of its audit is not only
exceeding the set expectations of a
limited to funds and properties owned by the
public office is not anathema to the
Government, but also held in trust by, or
concept of public accountability
pertaining, to the government.
• Sanctions set out for erring officers:
- On a post-audit basis, COA would also have
o Impeachment (for the highest
jurisdiction over:
officials of the land)
▪ Office of the Ombudsman
(a) Constitutional bodies that have been granted
created
fiscal autonomy
▪ Creation of a special court
(b) Autonomous state colleges and universities
to deal generally with graft
(c) Other GOCCs and their subsidiaries
and corruption
(d) Such non-governmental entities receiving
o Requirement for the filing of
subsidy or equity, directly or indirectly, from
SALNS
or through the government, which are
o Recovery of ill-gotten wealth
required by law.
• TRANSPARENCY
o Transactions of the government as a o Exception to judicial power vested
means of letting the people now to courts
what is being done ▪ 1. Power of COMELEC
o Stay in office of a public officers and Electoral Tribunals to
remains a privilege which may be be judges of election
withdrawn by the people should he contests
betray his oath of office ▪ 2. Power of Impeachment
o Accountability checks – aiam to of Congress
show how well he is performing his o Impeachment as a political exercise
delegated power not a judicial proceeding
• Accountability and transparency (GUTIERREZ V HoR Committee
mechanisms, that he is able to prove to his on Justice)
constituency that he is worthy of the ▪ Exact nature of
continued privilege impeachment proceeding
is debatable (ESTRADA v
IMPEACHMENT DESIERTO)
• The Constitution has provided a means of
making them account through the mechanism IMPEACHABLE OFFICIALS AND OFFENSES
of impeachment • Impeachment is intended only for:(Art 11 Sec
• Impeachment – national inquest into the 2)
conduct of public men o 1. President
o – it was adopted as a means by o 2. Vice-President
which the superior officers of the o 3. Members of the Supreme Court
government, with long and definite o 4. Members of the Constitutional
terms of office, may be removed Commission
from office if they should commit o 5. Ombudsman
acts for which they may not ▪ Officials not mentioned are
otherwise be held legally not subject to
accountable impeachment such as
o – power of the Congress to remove Deputy Ombudsmen
a public official for serious crimes (OFFICE OF THE
or misconduct OMBUDSMAN V CA)
o – mechanism designed to check • The offenses for which such officials may be
abuse of power impeached:
o – cleansing process, an act of o 1. Culpable violation of the
purgation Constitution
o – a political exercise meant to o 2. Treason
ensure that such public officials may o 3. Bribery
be made to answer in regard to o 4. Graft and Corruption
certain acts that the people may o 5. Other High Crimes
deem serious enough to warrant o 6. Betrayal of Public Trust
their removal, through • CUENCO v. FERNAN : case for disbarment
representatives in Congress. of a sitting member of the Court, to grant a
o – people may assert their supreme complaint for disbarment of a member would
authority to demand that officials in effect be to circumvent and hence to run
own up to their misdeeds, if any afoul of the constitutional mandate that
there be Members of the Court may be removed from
• IMPEACHMENT PROCESS office only by impeachment for and
o Governed by the fundamental tenets conviction of certain offenses listed in Art 11
of fairness and due process is not a (2) of Consti.
judicial undertaking o Same situation exists in respect of
o It involves trial and eventual the Ombudsman and his deputies
rendition of judgment but it is not o IN RE: RAUL M. GONZALES
performed by a judicial body but by o JARQUE V. DESIERTO:
Congress Ombudsman “or his deputies must
first be removed from office via the
constitutional route of ▪ Rests on judicial
impeachment: before being held to independence and
answer either criminally or separation of powers
administratively, like in disbarment • The doctrine only have application while the
proceedings impeachable officer is still in office (IN RE:
o Lastimosa-Dalawampu v. Mojica: UNDATED LETTER OF MR. LOUIC C.
dismissed, in a minute resolution, BIRAOGO)
the complaint for disbarment against • JARQUE V. DESIERTO – Disbarment of
Mojica who was then the Deputy Ombudsman
Ombudsman for the Visayas • LASTIMOSA-DALAWAMPU V. MOJICA
• OFFICE OF THE OMBUDSMAN V. CA: – Disbarment of Deputy Ombudsman
Deliberations and opinions of constitutional • OFFICE OF THE OMBUDSMAN V. CA –
law experts indicate that the Deputy Criminal and Administrative Investigation of
Ombudsmen is not an impeachable officer Deputy Ombudsman
o Only President, VP, members of SC, • MARCOLETA V. BORRA – Disbarment of
members of Con Com, and Comelec commissioners
Ombudsman • ESTRADA V. DESIERTO – Criminal
Prosection of Former President
IMPEACHABLE OFFICERS REMOVABLE
ONLY BY IMPEACHMENT GROUNDS FOR IMPEACHMENT
• The doctrine that impeachable officers can • 1. Culpable violation of the Constitutions
only be removed by impeachment originated • 2. Treason
from an OBITER DICTUM in LECAROZ V. • 3. Bribery
SANDIGANBAYAN: question was about
• 4. Graft and Corruption
the jurisdiction of the Sandiganbayan over a
• 5. Other High Crims
municipal mayor. The Court after upholding
the jurisdiction of Sandiganbayan: it has • 6. Betrayal of Public Trust
jurisdiction over “public officers and • Treason and bribery are defined in RPC
employees including those in GOCC” • Graft and Corruption in Anti-Graft and
• The obiter became doctrinal when it was Corrupt Practices Act
adopted by the SC in a case involving • Culpable violation of Consti – willful and
JUSTICE FERNAN: Claim for disbarment intentional breach of provision of the
must be dismissed. Constitution
o Member of the PH Bar as a • Betrayal of public trust – to ignore the
qualification for the office held by significance of the legislature’s intent;
him and who may be removed from negligent act or misconduct in the
office only by impeachment, cannot performance; a “catch-all” phrase because of
be charged with disbarment during the impreciseness of its definition; must be
the incumbency of such public attended by bad faith and of such gravity and
officer. Such public officer cannot seriousness as the other grounds for
be charged criminally before the impeachment
Sandiganbayan of which would o May just provide the court sufficient
amount to removal from office (IN basis in the future to exercise its
RE: RAUL M. GONZALES) power of judicial review
• LECAROZ: Court is saying is that there is a • Deputy Ombudsman and Special Prosecutor
fundamental procedural requirement that are not impeachable officers
must be observed before such liability may be
determined and enforced. A Member of the IMPEACHMENT PROCESS
SC must: • Impeachment is an undertaking entrusted to
o 1. First be removed from office via Congress with HoR given the exclusive
constitutional route of impeachment power to initiate all cases of impeachment,
o 2. If terminated by impeachment, and the Senate having the prerogative to try
may then be held to answer either and decide on the fate of the official
criminally or administratively impeached.
• Art 11 Sec 3:
o 1. The HoR shall have the exclusive under the Republic of the PH, but
power to initiate all cases of the party convicted shall
impeachment nevertheless be liable and subject to
o 2. Verified complaint may be filed prosecution, trial, and punishment
by any Member of the HoR or by according to law
any citizen upon a resolution of o 8. The Congress shall promulgate its
endorsement by any Member rules on impeachment to effectively
thereof, which shall be included in carry out the purpose of this section
the Order of Business within ten • Art 8 Sec 1 – so-called expanded judicial
session days, and referred to the power or certiorari jurisdiction
proper Committee within three o The SC could intervene in what was
session days thereafter. The once considered as a purely political
Committee, after hearing, and by a exercise if the Court feels that there
majority vote of all its Members, has been a grave abuse of discretion
shall submit its report to the House on the part of the impeachment court
within sixty session days from such
referral, together with the ONE-YEAR BAR RULE
corresponding resolution. The • Proscription against more than one
resolution shall be calendared and impeachment proceeding being initiated
for consideration by the House against the same official within a period of
within ten session days from receipt one year
thereof o The purpose of this provision is two-
o 3. A vote of at least one-third of all fold:
the Members of the House shall be ▪ 1. To prevent undue or too
necessary either to affirm a frequent harassment
favorable resolution with the ▪ 2. To allow the legislature
Articles of Impeachment of the to do its principal task,
Committee, or override its contrary legislation
resolution. The vote of each • Reckoning point for the one-year period.
Member shall be recorded FRANCISCO JR. V HOR: the INITIATION
o 4. In case the verified complaint or referred to in the Constitution takes place by
resolution of impeachment is filed the act of filing and referral to the Committee
by at least one-third of all the on Justice, or the filing by at least 1/3 of the
Members of the House, the same total membership of the House. This is when
shall constitute the Articles of the one-year bar rule commences
Impeachment, and trial by the • Act of the HoR endorsing simultaneously two
Senate shall forthwith proceed separate impeachment complaints filed on
o 5. No impeachment proceedings different dates does not contravene the one-
shall be initiated against the same year bar rule
official more than once within a
period of one year EFFECT OF IMPEACHMENT
o 6. The Senate shall have the sole • The term impeachment simply connotes the
power to try and decide all cases of act of formally charging/indicting someong
impeachment. When sitting for that • Done by the HoR forwarding to the Senate
purpose, the Senators shall be on the Articles of Impeachment so that a trial
oath or affirmation. When the may eventually be had (FRANCISCO V.
President of the PH is on trial, the CJ HOR)
of SC shall preside but shall not o Impeachment alone without
vote. No person shall be convicted conviction does not lead to adverse
without the concurrence of two- consequences of removal and
thirds of all the members of the perpetual disqualification from
Senate holding any office under the
o 7. Judgment in cases of Republic of the Philippines
impeachment shall not extend o ESTRADA V. DESIERTO CASE:
further than removal from office and he was impeached but never got
disqualification to hold any office
convicted, because the proceedings • House Impeachment rules, impeachment
before the Senate were aborted proceedings are deemed initiated:
• Effect of resignation on impeachment? o 1. Finding by the House Committee
o Judge Story: opinion that after a on Justice that the verified
person has already resigned from complaint and/or resolution is
office, he is no longer subject to sufficient in substance
impeachment because ‘the most o 2. Once the House itself affirms or
important object for which the overturns the finding of the
remedy was given was no longer Committee on Justice that the
necessary or attainable’ verified complaint and/or resolution
o THIS VIEW DOES NOT SEEM is not sufficient in substance
TO HAVE BEEN GENERALLY o 3. Filing or endorsement before the
ACCEPTED, because removal from Secretary-General of the HoR of a
office is not the only object if verified complaint or a resolution of
impeachment impeachment by atleast 1/3 of the
o Disqualification to hold office also members of the House
follows as a consequence of ▪ These rules contravene Art
conviction 11 Sec 3(5) – since the
o However, in the case of rules give the term
impeachment of Ombudsman “initiate” a meaning
Gutierrez, the process withered after different meaning from
she resigned (GUTIERREZ v HOR filing and referral
Committee On Justice)
EFFECTS OF CONVICTION
JUDICIAL REVIEW OF IMPEACHMENT • Constitution states that judgment in cases of
PROCEEDINGS impeachment shall not extend further than
• HoR – exclusive power to initiate (twin-effect of conviction):
• Senate – sole power to try and decide o 1. Removal from Office
o Not a purely political question o 2. Disqualification to hold any
• Other High Crimes and Betrayal of Public office under the Republic of the
Trust elude a precise definition Philippines (perpetual
o The issue calls upon this Court to disqualification)
decide a non-justiciable political o The party convicted shall
question which is beyond the scope nevertheless be liable and subject to
of its judicial power prosecution, trial and punishment
• Each House is authorized to promulgate its according to law
own rules for the purpose, the Court held such • The president cannot extend executive
“power to promulgate its rules on clemency to someone who has been
impeachment is limited by the phrase ‘to convicted in an impeachment proceeding
effectively carry out the purpose of this (Art 7 Sec 19 Consti)
section
• The Court deemed it appropriate and SANDIGANBAYAN
necessary to determines if the Rules • Introduced by the 1973 Constitution together
promulgated by the HoR relative to the one- with the Office of the Ombudsman (Art 13
year bar rule was in accordance with the Sec 5 Consti)
Fundamental law • Legislature was tasked with the creation of a
• On the specific issue about the meaning of the special court with jurisdiction over criminal
word initiate: and civil cases involving graft and corrupt
o Initiation takes place by the act of practices and other offenses committed by
filing and referral or endorsement of public officers and employees
the impeachment complaint tot the • SANDIGANBAYAN was created pursuant
House Committee on Justice or ,by to PD No. 1486 and revised by PD 1606, “the
the filing by at least 1/3 of the present anti-graft court known as the
members of the HoR. Sandiganbayan shall continute to function
and exercise its jurisdiction as now or
hereafter may be provided by law” (Art 11, Savings Bank, a subsidiary of the Philippine
Sec 4 Consti) Postal Corporation, organized under the
• Sandiganbayan is a court with special Corporation Code. SC noting that jurisdiction
jurisdiction because its creation as a of SB is separate and distinct from CSC, went
permanent anti-graft court is constitutionally on to hold that SB had jurisdiction.
mandated and its jurisdiction is limited to o SC: SB also has jurisdiction over
certain classes of offenses (REPUBLIC V. Student Regents of State
ASUNCION) Universities in cases involving
• Sandiganbayan, a constitutionally mandated- estafa (SERENA V. SB)
court, a regular court, it has only a special or
limited jurisdiction (GARCIA JR. V. OMBUDSMAN
SANDIGANBAYAN) • Institution of Ombudsman is an innovation
o Could not issue writs of certiorari; brought about by the 1973 Consti
Prohibition; Mandamus; Quo o Known as TANODBAYAN
warranto • 1987 Consti – institution was considerably
• GARCIA JR V. SB: Congress enacted RA strengthened, being specifically labeled as
7975 (Sec 4(c)), the jurisdiction of SB was INDEPENDENT
expanded to include petitions for the issuance • Ombudsman himself is appointed by the
of writs of mandamus, prohibition, certiorari, President
habeas corpus, injunction and other ancillary o after having been vetted by the
writs and processes in aid of its appellate Judicial and Bar Council
jurisdiction (ABBOT V. MAPAYO) • Term of Office for the Ombudsman and the
• PAJARO V. SB: SC considered the Deputy Ombudsman is fixed at SEVEN (7)
Sandiganbayan inferior to the CA YEARS (Art 11 Sec 11)
o To the effect that the SB being a • The Ombudsman himself may only be
court of special and limited removed by IMPEACHMENT
jurisdiction, is inferior to the CA • Ombudsman has the right to appoint the
may not review, revise or reverse the officials and employees of the Office of the
finding of the latter, is no longer Ombudsman (Art 11, Sec 5-6, 8-10 Consti)
controlling. • Office of the Ombudsman is also granted
o The SB has been declared by law FISCAL AUTONOMY
as a “special court of the same • Given authority to promulgate its rules of
level as the CA and possessing all procedure
the inherent powers of a court of • 1973 CONSTI – Office of Tanodbayan
justice (BARRIGA V. SB) Created pursuant to Tanodbayan Decree of
• SANDIGANBAYAN’S Prosecution of cases 1977
against government functionaries: • 1987 CONSTI – Ombudsman Act of 1989
o Allow SB to devote its time and provided for the function and structural
expertise to big-time cases organization of the Office of the Ombudsman
involving the so-called “big fishes” o Later envisioned a more effective
in the government rather than those ombudsman vested with authority to
accused who are of limited “act in quick, inexpensive and
means/”petty crimes” effective manner on complaints
o Those that are classified as against administrative officials
SALARY GRADE 26 and below AND to function purely with the
MAY STILL FALL within the “prestige and persuasive powers of
jurisdiction of SB, PROVIDED that his office”
they hold the positions enumerated
by law. In this regard, the position HISTORICAL BACKGROUND
held not the salary grade determines • Concept of Ombudsman originated in
the jurisdiction of SB Sweden in the early 19th century
• PEOPLE V. SANDIGANBAYAN: SB o An officer appointed by the
dismissed for alleged lack of jurisdiction in legislature to handle the people’s
the case against the President and Chief grievances against administrative
Operating Office of the Philippine Postal and judicial actions
o Primarily tasked with receiving political independence and adequate powers
complaints from persons aggrieved to enforce its mandate
by administrative action or inaction, • 1987 Consti – new office of the ombudsman
conducting investigation, and was created by constitutional fiat. Its
making recommendations to the independence was expressly and
appropriate administrative agency constitutionally guaranteed unlike the 1973
based on his findings consti
o Relied mainly on the power of
persuasion and the high prestige of INDEPENDENCE OF THE OMBUDSMAN
the office to effect his • Constitution itself describes the office of the
recommendations (UY V. SB) Ombudsman as independent
• Special Prosecutor – had the exclusive • As the protector of the people, and
authority to conduct preliminary supposedly an “activist watchman” (OFFICE
investigation, file information for and OF THE OMBUDSMAN V. LUCERO), the
prosecute cases within the jurisdiction of said office must necessarily be independent
court. o Otherwise, it might get stymied in
• The reason for the creation of the the performance of the duties and
Ombudsman in the 1987 Consti and for the functions entrusted to it
grant to it of broad investigative authority, is • Ombudsman is in a league of its own
to INSULATE SAID OFFICE FROM THE o Different from other investigatory
LONG TENTACLES OF OFFICIALDOM and prosecutor agencies of the
THAT ARE ABLE TO PENTRATE government because the people
JUDGES’ AND FISCALS’ OFFICES, and under its jurisdiction are public
others involved in the prosecution of erring officials who, through pressure and
public officials, and through the exertion of influence, can quash, delay, or
official pressure and influence, quash, delay dismiss investigations directed
or dismiss investigations into malfeasances against them
and misfeasances committed by public • Its function is critical because public interest
officers is at stake (OFFICE OF THE
o Deemed necessary to create a OMBUDSMAN V. SAMANIEGO)
special office to investigate all • Office of the Ombudsman, should follow that
criminal complaints against public his deputies be subject to his disciplinary
officers regardless of whether or not authority, and not that of the President.
the acts or omissions complained of o GONZALES III V. OFFICE OF
are related to or arises from the THE PRESIDENT: the Court
performance of the duties of their initially upheld the constitutionality
office of RA 6770 granting President
• OMBUDSMAN ACT jurisdiction of the power to discipline Deputy
Ombudsman encompasses ‘all kinds of Ombudsmen and Special Prosecutor
malfeasance, misfeasance and non-feasance o The Court reversed itself and
that have been committed an officer or declared: Subjecting the Deputy
employee as mentioned, during his tenure of Ombudsman to discipline and
office removal by the President, whose
• 1935 Consti – no provision for an own alter egos and officials in the
Ombudsman Executive Department are subject to
o several ombudsman-like agencies the Ombudsman’s disciplinary
were established to serve as authority, cannot but seriously place
people’s medium for airing at risk the independence of the
grievances and for direct redress office of the Ombudsman
against abuses and misconduct in • What is true for the Ombudsman must be
the government. HOWEVER, these equally and necessarily true for her Deputies
agencies failed to fully realize their who act as agents of the Ombudsman in the
objective for lack of the political performance of their duties
independence necessary • Concept of Ombudsman’s independence
• 1973 Consti – Ombudsman became a covers three things:
constitutionally-mandated office to give it
o 1. CREATION BY THE • Role of the CSC is limited to assisting the
CONSTITUTION – office cannot department or agency with respect to these
be abolished, nor its qualification standards and approving them
constitutionality specified functions
and privileges be removed, altered, GUARDIAN AND ACTIVIST WATCHMAN
or modified by law, UNLESS the • Office of the Ombudsman has powers, both
Constitutions itself allows or an constitutional and statutory, that are
amendment thereto is made commensurate with its daunting task of
o 2. FISCAL AUTONOMY – office enforcing accountability of public officers
many not be obstructed from its (GONZALES III V. OFFICE OF THE
freedom to use or dispose of funds PRESIDENT)
for purposes germane to its • Ombudsman can act on anonymous
functions; hence, its budget cannot complaints and motu proprio inquire into
be strategically decreased by alleged improper official acts or omission
officials of the political branches of from whatever source
government so as to impair said o Any complaint may be entertained
functions by the Ombudsman for the latter to
o 3. INSULATION FROM initiate an inquiry and investigation
EXECUTIVE SUPERVISION for alleged irregularities (BUENO V
AND CONTROL – those within OFFICE OF THE OMBUDSMAN)
the ranks of the office can only be • Department of Justice can no longer conduct
disciplined by an internal authority a preliminary investigation if the same is
(CARPIO MORALES V. CA) already pending before the Ombudsman
• Independence of the Ombudsman is also seen • Ombudsman is a constitutional creation
in regard to the appoint of officials and o DOJ in contrast, is an extension of
employees the executive department, bereft of
o They are not subject to the the constitutional independence
requirement that they are not part of granted to the Ombudsman (DOJ V.
the Career Executive Service and LIWAG)
need not acquire Career Service
Executive Eligibility JURISDICTION AND OTHER FUNCTIONS
o Ombudsman has the power to • The powers, functions and duties of the
appoint all officials and employees Ombudsman have generally been categorized
of the Office of the Ombudsman, into (MWSS V. VASQUEZ)
EXCEPT HIS DEPUTIES o 1. Investigatory Power
▪ This power includes the o 2. Prosecutory Power
power of setting, o 3. Public Assistance Functions
prescribing, and o 4. Authority to Inquire and Obtain
administering the Information
standards for the officials o 5. Function to Adopt
and personnel of the Office o 6. Institute and Implement
• Ombudsman has been vested with power of Preventive Measures
administrative control and supervision of the • UY V. SB: The Court observed that the
Office power to investigate and to prosecute granted
o Authority to organize such by law to the Ombudsman is plenary and
directorates for administration and unqualified
allied services as may be necessary o Any act or omission of any public
for the effective discharge of the officer or employee when such act
functions of the office or omission appears to be illegal,
o Prescribe and approve its position unjust, improper or inefficient
structure and staffing pattern o Court pointed out that the
o Authority to determine and establish jurisdiction of the Office of the
the qualifications, duties, functions Ombudsman must not be equated
and responsibilities of the various with the limited authority of the
directorates and allied services of Special Prosecutor
the office
o OFFICE OF THE SPECIAL Prequalification, Bids, and Awards
PROSECUTOR – merely a Committee following complaint by
component of the Office of the an association of the pipe
Ombudsman and may only act manufacturers
under the supervision and control o Ombudsman does not also have any
and upon authority of the authority over GOCCs without
Ombudsman original charter. It is confined to
▪ Its power to conduct GOCCs with original charters
preliminary investigation (KHAN JR. V. OFFICE OF THE
and to prosecute is limited OMBUDSMAN)
to criminal cases within the o Office of the Ombudsman does not
jurisdiction of the have jurisdiction to entertain a
Sandiganbayan money claim against public official
• TAPIADOR V. OFFICE OF THE in his personal capacity. The same
OMBUDSMAN: Court came up with an falls within the jurisdiction of
obiter that “the Ombudsman has no authority ordinary courts (ORCULLO V.
to directly dismiss the petitioner from the GERVACIO)
government service, more particularly from o Ombudsman also has no jurisdiction
his position in the BID. to investigate members of the
o Art 11 Sec 13(3) of Consti: judiciary in relation to the discharge
Ombudsman can only ‘recommend’ of their duties and responsibilities.
the removal of the public official or That authority belongs to the
employee to be at fault, to the public Supreme Court (MACEDA V.
official concerned VASQUEZ)
o Under the OMBUDSMAN ACT:
the Ombudsman’s recommendation RELIEF FROM OMBUDSMAN DECISIONS
is not merely advisory in nature but • Ombudsman should be given enough leeway
is actually mandatory within the to do his job and should not unnecessarily be
bounds of law (LEDESMA V. CA) intruded into by the courts
o Court’s definitive pronouncement • Its findings would generally be upheld in the
that the Ombudsman has the absence of a clear grave abuse of discretion
constitutional power to directly o POLICY OF NON-
remove from government service an INTERFERENCE adopted by the
erring public official other than a SC
member of Congress and the o SC however is not precluded from
Judiciary (ESTARIJA V. reviewing the Ombudsman’s action
RANADA) under Rule 65 of Rules of Court
• Ombudsman also recognized to have the when there is an abuse of discretion
authority to refer cases involving nonmilitary (GARCIA-RUED V. PASCASIO)
personnel for investigation by the Deputy • Mode of questioning the dispositions of the
Ombudsman for Military Affairs (ACOP V. Ombudsman depends on the nature of the
OMBUDSMAN) case, whether it is administrative or criminal
• Ombudsman may also deputize public o ADMINISTRATIVE – decision is
prosecutors, discipline them for refusal to to be elevated to the Court of
abide by its instructions (LASTIMOSA V. Appeals through a Petition for
VASQUEZ) Review under Rule 43
• Ombudsman has authority to investigate a o CRIMINAL – a special civil action
charge of multiple murder alleged committed of certiorari directly to the SC
by a provincial governor (DELOSO V. • FABIAN V. DESIERTO: Court invalidated
DOMINGO) Section 27 of the Ombudsman Act in so far
• There are certain areas however that as it provides for direct appeal from decisions
Ombudsman have gone beyond its of the Ombudsman in administrative cases.
jurisdiction Subsequently, the Court declared for the
o When Ombudsman directed MWSS guidance of everyone: remedy should be filed
Board of Trustees to set aside by a party aggrieved by the decisions or
recommendation of its orders of the Office of the Ombudsman
SPECIAL PROSECUTOR barred (PRESIDENTIAL AD HOC
• Tanodbayan became a subordinate of the FACT-FINDING COMMITTEE
Ombudsman, under his supervision and ON BEHEST LOANS V.
control DESIERTO)
• Tanodbayan (called Special Prosecutor in the ▪ Laches and estoppel could
1987 Consti) – without authority to conduct not stand in the way of
preliminary investigations and to direct the recovery efforts
filing of criminal cases with the • Discovery and prosecution of the criminal act
Sandiganbayan, EXCEPT UPON ORDERS may have been hampered or delayed, The
OF THE OMBUDSMAN court provided the following rule on when
• Special Prosecutor (RAUL GONZALES), is prescription would set in:
a mere subordinate of the Ombudsman and o GUIDELINES IN THE
can investigate and prosecute cases only upon DETERMINATION OF THE
the latter’s authority or orders RECKONING POINT FOR THE
o Cannot initiate cases but can only PERIOD OF PRESCRIPTION OF
conduct the same if instructed to do VIOLATIONS OF RA 3019:
so o 1. General Rule: Prescription begins
o Its original power to issue subpoena, to run from the date of the
is now deemed transferred to commission of the offense
Ombudsman o 2. Exception: Date of the
• Congress has the power to place the office of commission of the violation is not
the Special Prosecutor under the Office of the known, it shall be counted from the
Ombudsman, and Congress may remove date of discovery thereof
some of the powers previously granted to the o 3. Whether GR or EXCEPTION:
Tanodbayan and transfer them to the Availability or suppression of the
Ombudsman (ACOP V. OFFICE OF THE information relative to the crime
OMBUDSMAN) should be first determined
o Ombudsman Act made the Special ▪ If information, data or
Prosecutor an organic component of records is available to the
the Office of the Ombudsman public, GR applies
o Special Prosec cannot preventively ▪ Martial law prevented the
suspend an official or employee filing thereof or should
even if the Ombudsman, in information about the
inhibiting himself, has designated violation be suppressed,
the former to act in his stead. exception applies and
(OFFICE OF THE OMBUDSMAN period of prescription
V. VALERA) reckoned from the date of
o Special Prosec could not fila an discovery (PCGG V.
information without the prior CARPIO-MORALES
approval of the Ombudsman • Wealth rightfully belongs to the people
(PEREZ V. SB) should be duly be accounted for, both civilly
and criminally
ILL-GOTTEN AND UNEXPLAINED WEALTH o FORMER does not prescribe,
• Public office is public trust: Constitution has LATTER does
provided certain measures to ensure that if
such personnel betray the trust, whatever they FINANCIAL INHIBITION
got may be recovered from them • Prevent public officers from taking undue
o Effort at recovery is not limited only advantage of their office, they are prohibited
to the officials and employees only from being granted loans, guaranties, or other
o Could be extended to whoever may forms of financial accommodation by any
have become their conduits and GOCC or financial institution
extension o Directed at Pres, VP, Members of
o Passage of time does not operate to Cabinet, Congress, SC and
bar such effort at recovery ConCom, as well as Ombudsman
o Crimes related to the acquisition of
oll-gotten wealth could be time-
• Funds belonging to government financial and CONSTITUTIONAL AMENDMENTS AND
banking institutions should also be REVISIONS
assiduously cared for • Constitution could not be easily changed,
repealed, or discarded
STATEMENTS OF ASSETS AND LIABILITIES • It is a document that is enacted and adopted
• Public officials and employees would not by the people themselves, it takes greater
engage in irregularities and financial formality and stringent procedure for it to be
misconduct while in office, they are required modified or altered
to declare their ASSETS, LIABILITIES and
NET WORTH CONSTITUENT POWER
o Determine if the resulting properties • The power to propose amendments or
and assets are justified or in accord revisions to the fundamental law is in the
with legitimate income and sources nature of a constituent power
of income of the official or o Not included in the legislative
employee power
• ANTI-GRAFT AND CORRUPT o Power separately vested by the
PRACTICES ACT (RA 3019): provides for people themselves
every public officer to periodically file his • GONZALES V COMELEC: Power to amend
statement of assets and liabilities the Constitution or to propose amendment
• CODE OF CONDUCT AND ETHICAL thereto is not included in the general grant of
STANDARDS FOR PUBLIC OFFICIALS legislative power to Congress. It is part of the
AND EMPLOYEES (RA 6713): similarly inherent powers of the people
requires the submission of declarations of o Congress may propose amendments
their assets, liabilities, net worth and financial to the Consti merely because the
and business interests including those of their same explicitly grants such power
spouses and of unmarried children under 18 o Senators and Members of the House
years of age living in their households act as component elements of a
constituent assembly
CITIZENSHIP AND RESIDENCY o People are the very source of all
REQUIREMENTS powers of government, including
• Allegiance to the country is a primordial the Constitution itself
requirement • Court allowed in 1976 President Marcos to
• One has to remain to the country to which he propose amendments to the 1973 consti. The
pledges loyalty, is show by his citizenship Court took into account the peculiar and
• “This Court will not permit the anomaly of a unique circumstance then
person sitting as provincial governor in this • Exercise of Constituent Power:
country while owing exclusive allegiance to o Nature of the powers of Congress
the country” (FRIVALDO V. COMELEC) acting as such or the Constitutional
• CITIZENSHIP RETENTION AND Convention itself
REACQUISTION ACT (RA 9225) – o Each considered as independent and
Natural-born citizens who may have lost their coequal with the other branches of
citizenship are now allowed to retain or the government, not subject to the
regain their status as such natural-born control of others
citizens by taking an oath of allegiance to the o Authority to call a constitutional
Philippines convention is vested by the present
• One who has decided to live elsewhere, a Consti solely and exclusively in
permanent resident in another country, could Congress acting as Constituent
not also be expected to render the same kind Assembly, the power to enact the
of loyalty, responsibility and accountability implementing the details
• Highest positions in the Government, it is not o Congress as legislative body can
enough that the occupants be citizens of the enact the necessary implementing
Philippines. They must be NATURALBORN legislation
citizens
MEANS OF PROPOSING AMENDMENTS AND
CHAPTER 10 REVISIONS
• 1987 Consti provides different ways by constitutional changes = may
which amendments or revisions of the Consti entirely ignore the will of the other,
may be initiated. ARTICLE 18 states: practically relegating it to
o Section 1. Any Amendment to or irrelevance or insignifance
revision of, this Constitution may be • Both Houses of Congress are mandated to act
proposed by: together, it is specified whether the voting is
o (1) Congress, upon a vote of ¾ of all to be done jointly or separately
its member o Each house is to vote separately
o (2) Constitutional convention even as both are to meet in joint
o Section 2. Amendments to this session
Consti may likewise be directly o In case of a tie, highest votes
proposed by the people through obtained by candidates for either
initiative upon a petition of at least office, Congress will choose by
12% of total number of registered majority of all the members of
voters, of which every legislative Congress, each House voting
district must be represented by at separately
least 3% of the registered voters o SAME RULE applies filling up
therein. No amendment under this vacancy in the Office of the VP /
section shall be authorized within 5 President’s declaration that he is fit
years following the ratification of to continue in office and the
this Consti nor oftener than once contrary declaration by majority of
every 5 years thereafter his Cabinet
▪ Congress may, by a vote of o Both houses to vote jointly when it
2/3 of all its members, call comes to the revocation or extension
constitutional convention, of a proclamation of marital law or
or by a majority vote of all suspension of the privilege of the
its Members, submit to the writ of habeas corpus
electorate the question of • Proposed amendments being introduced and
calling such a convention deliberated upon by one chamber, and after it
• People’s imprimatur which gives validity to shall have approved the same, passed on to
the Constitution and any amendment or the other chamber?
revision that may be proposed o Justice Vicente Mendoza:
o First stage: proposal of the intended amendment of economic provisions
changes followed by the people’s of the Consti through a procedure
decision through a plebiscite similar to that for passing laws, with
whether to approve or disapprove the only difference that the proposed
the same amendments or revisions will be
submitted to the people for
CONSTITUENT ASSEMBLIES – CONGRESS ratification in a plebiscite
OR CONSTITUTIONAL CONVETION • In all cases, TWO HOUSES ARE
• Congress acting as a constituent assembly, or REQUIRED TO MEET IN JOINT
in calling for constitutional convention, there SESSION WITH THE TWO HOUSES
is problem as to how to reckon the required VOTING SEPARATELY except when
number considering the proclamation of martial law
• BICAMERALISM: Base the vote on each or suspension of the privilege of the writ
House’s membership
o Joint voting – possible that the will PEOPLE’S INITIATIVE
of the former would be entirely • (3) Third mode of proposing amendments or
disregarded if there would be revisions to the Constitution
enough members of the latter who o Sovereign themselves have reserved
would want to propose such or retained for themselves the right
amendments or revisions to directly undertake that activity
o Each House – does not make sense • SANTIAGO V. COMELEC: Majority of the
that when it comes to the more Court held that RA 6735 is incomplete,
momentous and important inadequate, or wanting in essential terms and
prerogative of proposing conditions insofar as initiative on
amendments to the Constitution is concerned. • Fundamental law itself limits the exercise of
Nevertheless this did not stop another group people’s initiative to be not oftner than
in subsequently trying people’s initiative as a ONCE EVERY FIVE YEARS
vehicle to propose constitutional
amendments PLESBISCITE WINDOW AND THE DOCTRINE
• LAMBINO V. COMELEC:” Court dismisses OF PROPER SUBMISSION
the petition without revisiting SANTIAGO • Doctrine of Proper Submission – people must
since the intended people’s intiative did not be given sufficient time and ample basis for
satisfy the constitutional requirements an intelligent appraisal of the nature of the
themselves amendment perse as well as its relation to the
• One significant guide in drafting the other parts of the Constitution with which it
proposals in a people’s initiative is the has to form a harmonious whole
requirement that the PEOPLE (TOLENTINO V. COMELEC)
THEMSELVES, as the authors, MUST o They should have enough time to
HAVE A COPY OF THE PROPOSED study and understand what they are
AMENDEMENTS and not just a summary of supposed to be deciding on
the same • Window within which the people must decide
o Before they sign there is already a – NOT EARLIER THATN 60 DAYS NOR
draft shown to them LATER THAN 90 DAYS from the time the
o Prepare proposal and pass it around proposals had been made
for signature o Reason: ensure that the people
o Directly proposed by the people would have enough time to study the
through initiative upon a petition is proposed changes but not too long
that the entire proposal on its face is that at the time they finally decided
a petition by the people they might have lost sight of the
o TWO ESSENTIAL ELEMENTS purpose or relevance of such
MUST BE PRESENT: constitutional changes
▪ 1. People must author and
sign the entire proposal. RIGIDITY AND RELATIVE PERMANENCE OF
• No agent or CONSTITUTIONS
representative can • Basic postulate to keep in mind rigidity and
sign on their permanence when it comes to constitutional
behalf amendments
▪ 2. Proposal must be o Constitution, as the fundamental
embodied in a petition law of the land, deserves the utmost
• Various proposals in the nature of logrolling respect and obedience of all the
(LAMBINO): - logrolling – when the citizens of this nation. No one can
initiative petition incorporates an unrelated trivialize the Constitution by
subject matter in the same petition. This puts cavalierly amending or revising it in
the people in a dilemma since they can blatant violation of the clearly
answer only either yes or no to the entire specified modes of amendment and
proposition, forcing them to sign a petition revision laid down in the
that effectively contains two propositions, Constitution itself
one of which they may find unacceptable o To allow such change in the
o Effect of logrolling in American fundamental law is to set adrift the
jurisprudence = NULLFY THE Constitution in unchartered waters,
ENTIRE PROPOSITION to be tossed and turned by every
o Court also noted that only dominant political group of the day.
AMENDMENTS – not revisions-
could be proposed in a people’s
initiative
o Only Congress or a constitutional
convention may propose revisions
to the constitution
o People’s initiative may propose
ONLY AMENDMENTS

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