ACCA NOTES 

COURSE OUTLINE IN POLITICAL LAW REVIEW

Judge Gener Gito

I. THE PHILIPPINE CONSTITUTION

A. Constitution: Definition, Nature and Concepts
1. What is constitution
a) A body of rules and maxims in accordance with which the powers
of sovereignty are habitually exercised.
b) A written instrument enacted by direct action of the people by
which the fundamental powers of the government are established,
limited and defined, and by which those powers are distributed
among the several departments for their safe and useful exercise
for the benefit of the body politic.
2. Principle of constitutional supremacy
a) The Constitution is the supreme law to which all other laws must
conform and in accordance with which all private rights must be
determined and all public authority administered.
b) If a law or contract violates any norm of the constitution, that law
or contract whether promulgated by the legislative or executive
branch or entered into by private persons for private purposes is
null and void.
3. Classification of the constitution
a) Written or unwritten
(1) Written Constitution is one where in the provisions of which
have been reduced to writing and embodied in one or more
instruments at a particular time
b) Enacted (conventional) or evolved (cumulative)
(1) Conventional Constitution is enacted deliberated and
consciously by a constituent body or rler at a certain time
and place.
c) Rigid or flexible
(1) Rigid Constitution is one which can be amended through a
formal and difficult process.
d) * The Philipine Constitution is written, enacted and rigid.
4. Construction of the constitution
a) Francisco vs HR
B. Parts
1. Essential parts of a good written constitution
a) Constitution of Liberty
(1) The series of prescriptions setting forth the fundamental
civil and political rights of the citizens and imposing
limitations on the powers of government as a means of
securing the enjoyment of those rights

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(2) Ex. Article 3

b) Constitution of Government
(1) The series of provisions outlining the organization of the
government enumerating its powers, laying down certain
rules relative to its administration, and defining the
electorate.
(2) Article 6, 7, 8, 9
c) Constitution of Sovereignty
(1) The provisions pointing out the mode or procedure in
accordance with which formal changes in the fundamental
law may be brought about.
(2) Article 17
C. Amendments and Revisions
1. Manner of changing the constitution
a) Constitutional Assembly
(1) A body that proposes amendments or revision of the
constitution.
(2) Called by ¾ vote of all the members of Congress
b) Constitutional Convention
(1) Called by ⅔ vote of all the members
(2) By majority vote of all the members of congress with the
question of whether or not to call a convention to be
resolved by the people in a plebiscite.
(a) Plebiscite
(i) Electoral process by which an initiative on
the constitution is approved or rejected by
the people
(3) Who may propose to change the constitution
2. People’s Initiative (RA 6735)
a) Initiative is the power of the people to propose amendments to the
Constitution or to propose and enact legislations through an
election called for the purpose.
b) Requirements for a valid exercise of initiative to propose
amendments to the constitution
(1) Enabling Legislation
(2) 12% of the registered voter must sign the petition and
every district must be represented by at least 3% of the
total number of that legislative district.
c) Kinds of Initiative
(1) Initiative on the Constitution
(a) Petition proposing amendments to the constitution
(2) Initiative on statutes
(a) Petition proposing to enact a national legislation

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(3) Initiative on local legislation

(a) Petition proposing to enact a regional, provincial,
city, municipal or barangay law, resolution or
ordinance.
d) Indirect initiative
(1) Exercise of initiative by the people through a proposition
sent to Congress or the local legislative body for action.
e) Referendum
(1) Power of the electorate to approve or reject a legislation
through an election call for that purpose
(a) Referendum on Statutes
(i) Petition to approve or reject an act or law, or
part thereof, passed by Congress; and
(b) Referendum on Local Law
(i) Petition to approve or reject a law,
resolution or ordinance enacted by regional
assemblies and local legislative bodies.
3. Amendment vs Revision
a) Amendment
(1) Refers to a change that adds, reduces, deletes without
altering the basic principle involved.
(2) Generally affects several provisions of the constitution
b) Revision
(1) Implies a change alters the substantial entirety of the
constitution
(2) Generally affects only the specific provision being
amended.
4. Cases
a) Santiago vs COMELEC
b) Lambino vs COMELEC
(1) Revision
(2) Two-part test in determining whether it’s A or R
(a) Quantitative test
(i) Asks whether the proposed change is so
extensive in its provisions as to change
directly the “substance entirety” of the
constitution by the deletion or alteration of
numerous provisions
(ii) Court only examines the number of
provisions affected and does not consider
the degree of change.
(b) Qualitative test

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(i) Inquires as to the qualitative effects of the

proposed change in the constitution.
(ii) Main inquiry is whether the change will
accomplish such far-reaching changes in
the nature of our basic governmental plan
as to amount to a revision.
D. Self-executing and Non-self-executing Provisions
1. What is self-executing provisions? Non-self-executing provisions?
a) Self-executing provisions
(1) A provision which is complete in itself and becomes
operative without the aid of supplementary or enabling
legislation, or that which supplies a sufficient rule by
means of which the right it grants may be enjoyed or
protected.
b) Non-self-executing provisions
(1) A provision which lays down a general principle is usually
not self-executing.
2. Provisions of the constitution which are non-self-executing?
a) Manila Prince Hotel vs GSIS
(1) In case of doubt, provisions must be considered
self-executing.
b) Tondo Medical Center vs CA
II. General Considerations
A. National Territory
1. Definition of Philippine territory (Art. 1, 1987 Constitution)
a) The national territory comprises of the Philippine archipelago,
b) With all the islands and waters embraced therein,
c) And all the other territories over which the Philippines has
sovereignty or jurisdiction,
d) Consisting of its terrestrial, fluvial and aerial domains,
e) Including its territorial sea, the seabed, the subsoil, the insular
shelves and other submarine areas.
f) The waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part
of the water of the Philippines.
2. What comprises Philippine archipelago?
3. Archipelagic doctrine
a) The Philippine archipelago is considered as one integrated unit
instead of being divided into more than 7,000 islands.
b) It is the integration of a group of islands to the sea and their
oneness so that together they can constitute one unit, one country
and one state.

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c) An imaginary single baseline is drawn around the islands by

joining appropriate points of the outermost islands of the
archipelago with straight lines and all the islands and waters
enclosed within the baseline form part of the territory.
4. What are the maritime zones?
a) Territorial sea
(1) 12 nautical miles seaward from the baseline
(2) We have sovereignty
b) Contiguous zone
(1) 12 nautical miles from the tip of the territorial sea
(2) We have the right to enforce custom laws, fiscal laws,
immigration laws and sanitation laws.
c) Exclusive Economic Zone
(1) 200 nautical miles from the baseline
(2) Right to exploit living and non-living resources
5. Case
a) Magallona vs Ermita, August 16, 2011
B. State Immunity
1. Basis
a) The State may not be sued without its consent. (Sec. 3, Art. 16)
b) There can be no legal right against the authority which makes the
law on which the right depends (GN)
2. Immunity of foreign state
a) Commonly understood as an exemption of the state and its organs
from the judicial jurisdiction of another state.
(1) Anchored in the principle of the sovereign equality of states
under which one state cannot assert jurisdiction over
another in violation of the maxim par in parem non habet
imperium.
(a) An equal has no power over an equal.
b) Two Conflicting Concepts of Sovereign Immunity
(1) Classical or Absolute Theory
(a) A sovereign cannot, without its consent , be made a
respondent in the courts of another sovereign.
(2) Restrictive Theory
(a) The immunity of a sovereign is recognized only with
regard to public acs pr acts jure imperii of a state,
but not regards to acts jure gestionis.
c) China National Machinery vs Sta. Maria, February 7, 2012
(1) Restrictive theory
d) GTZ vs CA, April 16, 2009
3. Suit against government agency
a) Incorporated

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(1) Has a charter of its own

(2) If the charter provides that it has the right to sue and be
sued, it is an express consent and it is suable. This
includes a suit for tort.
(3) If the charter is silent, inquire into it function based on the
purpose for which it was created.
(a) Proprietary
(i) If the purpose is to obtain special corporate
benefits or earn pecuniary profit = suable.
(b) Governmental
(i) If it is in the interest of health, safety, and for
the advancement of public good and
welfare, affecting the public in general = not
suable.
b) Unincorporated
(1) Performs governmental functions = not suable without
State consent even if performing proprietary function
incidentally
(2) Performs proprietary functions = suable
c) Bermoy vs PNC
(1) Performs governmental functions = not suable without
State consent even if performing proprietary function
incidentally
d) National Airports Corporation vs Teodoro
e) Bureau of Printing vs BP Employees Assoc.
f) Shell Philippines Exploration vs Jalos
4. Forms of consent
a) Express consent
(1) General law
(2) Special law
b) Implied consent
(1) When the state commences litigation, it becomes
vulnerable to counterclaim.
(2) State enters into a business contract
(a) Two capacities of the state in entering into
contracts
(i) In Jure Gestionis
(a) By right of economic or business
relations; commercial or proprietary
acts = May be sued.
(ii) In Jure Imperii

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(a) By right of sovereign power and in

the exercise of sovereign functions =
No implied consent
(3) When it would be inequitable for the State to claim
immunity
c) CA No. 327, as amended by PD No. 1445
d) Act No. 3083
e) Republic of Purisima
f) Amigable vs Cuenca
(1) Implied consent = When it would be inequitable for the
state to claim immunity.
g) Santiago vs Republic
h) Froilan vs Pan Oriental Shipping
(1) Implied consent (1)
i) US vs Ruiz
(1) In Jure Imperii = no implied consent
5. Scope of Consent
a) Even when the government has been adjudged liable in a suit to
which it has consented, it does not necessarily follow that the
judgment can be enforced by execution against its funds.
b) Consent to be sued does not include consent to the execution of
judgment against it.
c) Republic vs Villasor
(1) (b)
(2) Such execution will require another waiver, because the
power of the court ends when the judgment is rendered,
since government funds and properties may not be seized
under writs of execution or garnishment, unless such
disbursement is covered by the corresponding
appropriation as required by law.
d) NEA vs Morales
e) Lockheed Detective vs UP
f) UP vs Dizon
g) Municipality of Makati vs CA
C. General Principles and State Policies
1. Republicanism (Sec. 1, Art 2)
a) A government which is run by the people through their chosen
representatives who, in turn, are accountable to the sovereign will
of the people.
b) Essential features
(1) Representation and Renovation
(a) The selection by the citizenry of a corps of public
functionaries who derive their mandate from the

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people and act on their behalf, serving for a limited

period only, after which they are replaced or
retained at the option of their principal.
2. Democratic
a) Understood as participatory democracy; contemplates instances
where the people would act directly, and not through their
representatives.
3. Defense of the state
a) People vs Lagman and People vs Zosa
4. Incorporation clause
a) The Philippines renounces war as an instrument of national policy,
b) Adopts the generally accepted principles of international law as
part of the law of the land and
c) Adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations. (Sec. 2)
d) Two Methods of making international laws part of the local laws of
the Philippines
(1) Doctrine of Incorporation
(a) The courts have applied the rules of international
law in a number of cases even if such rules had not
previously been subject of statutory enactments,
because these generally accepted principles of
international law are automatically part of our own
laws. (Kuroda vs Jalandoni)
(2) Doctrine of Transformation
(a) Generally accepted principles of international law
are localized through legislation. (Agustin vs Edu)
e) Pharmaceutical and Healthcare Assoc vs Secretary
f) Mijares vs Ranada
g) Bayan Muna vs Romulo
5. Separation of church and state
a) The separation of church and state shall be inviolable. (Sec. 6)
(1) The command that church and state be separate is not to
be interpreted to mean hostility to religion.
b) Sec. 5, Art. 3 (Freedom of religion)
c) Sec. 2(5), Art. 9-C (No religious political party)
d) Sec. 5(2), Art. 6 (No sectoral representative)
e) Sec. 29 (2), Art. 6 (Prohibition against appropriation for sectarian
benefit)
6. Independent foreign policy and nuclear-free Philippines (Sec.7, Art. 2)
7. Just and dynamic social order ( Sec. 9, Art. 2)
8. Promotion of social justice (Sec. 10 Art. 2)

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a) Social justice is neither communism nor despotism, nor atomism,

nor anarchy, but the humanization of laws and equalization of
social and economic forces by the state so that justice in its
rational and objectively secular conception may at least be
approximated. (Calalang vs Williams)
9. Respect for dignity and human rights (Sec. 11, Art. 2)
10. Family and youth (Secs. 12, 13, Art. 2)
11. Equality of men and women (Sec. 14, Art. 2)
12. Promotion of health (Sec. 15, Art. 2)
13. Promotion of balance ecology (Sec.16, Art. 2)
a) Oposa vs Factoran
b) C & M Timber Corp.
14. Education, science and technology (Sec.17, Art. 2)
15. Protection of labor (Sec. 18, Art. 2)
16. Self-reliant and independent economy (Sec. 19, Art. 2)
a) Tanada vs Angara
b) Espina vs Zamora
c) Gamboa vs Finance Secretary
17. Land reform (Sec. 21, Art. 2)
18. Indigenous cultural communities (Sec. 22, Art. 2)
19. Independent people’s organization (Sec. 23, Art. 2)
20. Communication and information (Sec. 24, Art. 2)
21. Autonomy of local government (Sec. 25, Art. 2)
22. Equal access of opportunities (Sec. 26, Art. 2)
23. Honest public service and full public disclosure (Sec. 27, Art. 2)
D. Separation of powers
1. Constitutional basis
a) The Philippines is a democratic and republican state. (Sec.1, Art.
2)
(1) One of the manifestations of Republicanism is separation
of powers among the three co-equal branches of
government (legislative, executive and judicial branches).
2. Purposes
a) To prevent the concentration of authority in one person or group of
persons that might lead to irreparable error or abuse in its exercise
to the detriment of republican institutions. (Pangasinan
Transportation Co. vs Public Service Commission)
3. Blending of powers
a) There are instances under the Constitution when powers are not
confined exclusively within one department but are in fact
assigned to or shared by several departments.
b) For better collaboration with and in the process check, each other
for the public good.

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(1) Examples
(a) Power of Appointment
(i) Which can be exercised by each
department over its own administrative
personnel.
(b) Enactment of General Appropriations Law
(i) Begins with the preparation of the President
of the budget, which becomes the basis of
the bill adopted by Congress and
subsequently submitted to the President for
approval.
(c) Grant of Amnesty by President
(i) Requires the concurrence of a majority of all
the members of Congress.
4. Role of the judiciary
a) Sees to it that the constitutional distribution of powers among the
several departments of the government is respected and
observed.
b) When SC mediates to allocate constitutional boundaries or
invalidate the acts of a coordinate body, what it is upholding is not
its own supremacy but the supremacy of the Constitution.
c) Test in Determining whether a given power has been validly
exercised by a particular department
(1) First Criterion (Safest)
(a) Whether or not the power in question, regardless of
its nature, has been constitutionally conferred upon
the department claiming its exercise.
(i) Conferment of Power
(a) Expressed
(b) Doctrine of Implication
(i) That the grant of an express
power carries with it all other
powers that may be
reasonably inferred from it.
(c) Inherent or Incidental
d) Justiciable vs Political Question
(1) Justiciable
(a) Implies a given right, legally demandable and
enforceable, an act or omission violative os such
right, and a remedy granted and sanctioned by law,
for said breach of right. (Casibang vs Aquino)

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(b) Dealing as it does with a procedural rule the

interpretation of which calls only for mathematical
computation.
(c) Vortex of the controversy refers to legality or
validity of a contested act.
(2) Political
(a) Where the matter falls under the discretion of
another department or especially the people
themselves.
(b) Determination of what constitutes disorderly
behavior
(c) Questions of policy
(d) Refers to the questions which, under the
Constitution, are to be decided by the people in
their sovereign capacity; or in regard to which full
discretionary authority has been delegated to the
legislative or executive branch of the government.
(e) Concerned with issues dependent upon the wisdom
and not legality, of a particular measure.
(f) Not subject to judicial review
e) Gonzales vs OP
f) Osmena vs Pendatun
g) Neri vs Senate
h) LAMP vs Secretary of Budget
i) Belgica vs Exec. Secretary (No. 19, 2013)
j) ABAKADA vs Purisima
k) Belgica vs Exec. Secretary (Feb 3, 2015)
E. Checks and balances
1. Allows one department to resist encroachments upon its prerogatives or
to rectify mistakes or excesses committed by the other departments.
2. To secure coordination in the workings of the various departments of the
government
a) Examples
(1) Law-making power of the Congress
(a) Checked by the President through his veto power
which in turn may be overridden by the legislature
(2) Amnesty by the President
(a) May be refused by the Congress
(3) President may nullify a conviction in a criminal case by
pardoning the offender
(4) Congress may limit the jurisdiction of the SC and inferior
courts and even abolish the latter tribunals.

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(5) Judiciary has the power to declare invalid an act done by

the Congress, the President and his subordinates or the
Constitutional Commissions.
3. Sec. 27, Art. 6
4. Sec. 19, Art. 7
5. Sec. 21, Art. 7
6. Sec. 19, Art. 8
7. Sec. 1, Art. 8
8. Sec. 4, Art. 8
F. Delegation of powers
1. Rule
a) Potestas delegata non delegari potest (What has been delegated
cannot be delegated).
b) Based upon the ethical principle that such delegated power
constitutes not only a right but a duty to be performed by the
delegate through the instrumentality of his own judgment and not
through the intervening mind of another.
c) A further delegation of such power would constitute a negation of
this duty in violation of the trust reposed in the delegate mandated
to discharge it directly.
2. Exceptions: Permissible delegation (PETAL)
a) Tariff powers [Sec. 28(2), Art. 6]
(1) The Congress may by law authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export
quotasm tonnage and wharfage dues and other duties or
imposts, within the framework of the national development
program [Sec. 28(2), Art. 6]
(2) AKBAYAN vs Aquino
(3) Southern Cross Cement Corp. vs Cement Manufacturers
b) Emergency Power of the President [Sec. 23(2), Art. 6]
(1) Conditions for the vesture of emergency powers:
(a) There must be a war or other national emergency
(i) Rebellion
(ii) Economic Crisis
(iii) Pestilence or Epidemic
(iv) Typhoon
(v) Flood
(vi) Other similar catastrophe of nation-wide
proportions or effect
(b) The delegation must be for a limited period only
(c) The delegation must be subject to such restrictions
as the Congress may prescribe

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(d) The emergency powers must be exercised to carry

out national policy declared by the Congress.
(2) Self-liquidating unless sooner withdrawn
(a) Powers will automatically cease upon the end of
the emergency that justified their delegation.
(3) Conforment of Emergency Powers on the President is not
mandatory on the Congress
(a) Emergency itself cannot and should not create
power. (Chief Justice Paras)
(4) David vs Arroyo
(5) Divinagracia vs Consolidated Broadcasting
c) Delegation to the people
(1) Provision for the creation of a system of initiative and
referendum (Sec. 32, Art. 6)
(a) Referendum
(i) Method of submitting an important
legislative measure to a direct vote of the
whole people
(b) Plebiscite
(i) Decree of the people
(ii) Device to obtain a direct popular vote on a
matter of political importance, but chiefly in
order to create some more or less
permanent political condition.
(iii) Questions submitted are intended to work
more permanent changes in the political
structure
(a) Proposal to amend the Constitution
(2) Requirement of plebiscite in the creation, division, merger,
abolition of province, city, municipality or barangay or its
boundary (Sec. 10, Art. 10)
(3) Initiative and Referendum Act (RA 6735)
d) Delegation to local government
(1) Based on the recognition that local legislatures are more
knowledgeable than the national lawmaking body on
matters of purely local concern and are therefore in a
better position to enact the necessary and appropriate
legislation thereon.
(a) Power of Eminent Domain
(b) Police Power (Under General Welfare Clause)
(c) Power of Taxation ( Derived directly from the
Constitution, subject only to limitations by
Congress)

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e) Delegation to administrative bodies (Power of subordinate

legislation
(1) Supplementary Regulations
(a) Administrative bodies may implement broad
policies laid down in a statute by filling in the details
which the Congress may not have the opportunity
or competence to provide
(2) Quasi-legislative power
(a) The authority delegated by the law-making body to
the administratie body to adopt the rules and
regulations intended to carry out the provisions of a
law and implement the legislative policy.
3. Test of delegation
a) Completeness test
(1) It must be complete in itself
(2) It must set forth therein the policy to be executed, carried
out or implemented by the delegate.
b) Sufficient standard test
(1) It must fix a standard (the limits of which are sufficiently
determinate or determinable) to which the delegate must
conform in the performance of his functions
(2) Intended to map out the boundaries of the delegate’s
authority by defining the legislative policy and indicating
the circumstances under which it is to be pursued and
effected.
(3) Purpose
(a) To prevent a total transference of legislative power
from the law-making body to the delegate.
c) Ynot vs IAC
d) Bureau of Customs Employees Assoc. Vs Teves
e) Belgica vs Exec. Sec.
G. Forms of government
1. As to the existence or absence of title and/or control
a) De jure
(1) Has the rightful title but no power on control either because
the same has been withdrawn from it or because it has not
yet entered into the exercise thereof
(a) Government under Cory Aquino and the Freedom
Constitution
(i) Because it was established by authority of
the legitimate sovereign, the people.
(b) Government under GMA established after the
ouster of Estrada

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b) De facto
(1) Actually exercises power or control but without legal title
(2) De facto proper
(a) Government that gets possession and control of, or
usurps, by force or by the voice of the majority, the
rightful legal government and maintains itself
against the will of the latter.
(3) De facto government of paramount force
(a) Established and maintained by military forces who
invade and occupy a territory of the enemy in the
course of the war
(4) Independent government
(a) Established by the inhabitants of the country who
rise in the insurrection against the parent state.
2. As to concentration of powers in governmental branch
a) Presidential
(1) There is a separation of executive and legislative powers
b) Parliamentary
(1) There is a fusion of both executive and legislative powers
in parliament, although the actual exercise of the executive
powers is vested with the Prime Minister who is chosen by
and accountable to the Parliament.
3. As to centralization of control
a) Unitary Government
(1) One in which the control of national and local affairs is
exercised by the central or national government;
(2) Single, centralized government, exercising the powers over
both the internal and external affairs of the state.
b) Federal Government
(1) One in which the powers of the government are divided
between two sets of organs
(a) National
(b) Local
(2) Each organ being supreme within its own sphere;
(3) Consists of autonomous local government units merged
into a single state,
(4) With the national government exercising a limited degree
of power of the domestic affairs but generally full discretion
of the external affairs of the state
III. Legislative Department
IV. Executive Department
A. Where executive power belongs (Sec. 1, Art. 7)
1. Executive power is the power to enforce and administer the laws.

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2. Is vested in the President

B. Qualification (Sec. 2, Art. 7)
1. Natural-born citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years of age on the day of the election
5. Resident of the Philippines for at least 10 years immediately preceding
such election
C. Election and Proclamation (Sec. 4, Art. 7)
1. Regular
a) Second Monday of May, every 6 years
2. Special (Sec. 10, Art. 7)
a) Requisites
(1) Death, permanent disability, removal from office or
resignation of both the President and the Vice President;
(2) Vacancies occur more than 18 months before the next
regular presidential election;
(3) A law passed by Congress calling for a special election to
elect a President and Vice President to be held not earlier
than 45 days nor later than 60 days from the time of such
call.
3. Macalintal vs PET
4. Pimentel vs Joint Canvassing Committee
D. Term of Office (Sec. 4, Art. 7)
1. President and Vice President - 6 years
2. President shall not be eligible for reelection.
3. No person who has succeeded as President and has served as such for
more than 4 years shall be qualified for election to the same office at any
time.
E. Vice-President (Sec.4, 4(2), 9, Art. 7)
1. No Vice President shall serve for more than 2 consecutive terms.
2. The VP may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation (Sec. 3(2), Art. 7)
3. Whenever there is a vacancy in the Office of the Vice-President during
the term for which he was elected, the President shall nominate a
Vice-President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority
vote of all the Members of both Houses of the Congress, voting
separately.
F. Presidential Succession (Secs. 7, 8 and 12, Art. 7)
G. Oath of Office (Sec. 5, Art. 7)
H. Perquisites and Inhibitions
1. Sec. 6, Art. 7

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2. Sec. 13, Art. 7

a) Civil Liberties Union vs ES
b) Funa vs Ermita
I. Executive Privilege
1. Neri vs Senate
2. Senate vs Ermita
J. Presidential Immunity
1. Estrada vs Desierto
K. Rubrico vs Arroyo
V. Powers of the President
A. Executive power
1. Marcos vs Manglapus
2. Philippine Coconut Federation vs Republic
B. Appointing Power
1. Pimentel vs Ermita
2. Sarmiento vs Mison
3. Guevara vs Inocentes
4. Matibag vs Benipayo
5. Abas Kida vs Senate
C. Removal power
1. Gonzales vs OP
D. Control power
1. Drilon vs Lim
2. Araneta vs Gatmaitan
3. Pichay vs Office of DESLA
4. Trade and Instrument Development vs Manalang-DEmigillo
E. “Take care” clause
1. The power to take care that the laws be faithfully executed makes the
President a dominant figure in the administration of the government.
2. The law he is supposed to enforced includes:
a) The Constitution
b) Statutes
c) Judicial decisions
d) Administrative rules and regulations
e) Municipal ordinances
f) Treaties entered into by our government
3. It is not for the President to determine the validity of a law since this is a
question exclusively addressed to the judiciary.
a) Hence, unless a law is declared unconstitutional, the President
has the duty to execute it regardless of his doubts on its validity.
(1) Otherwise, it would allow him to negate the will of the
legislature and also encroach upon the prerogatives of the
judiciary.

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4. Biraogo vs Phil. Truth Commission

5. Pichay vs Office of DESLA
F. Military Power
1. “Calling out” power
a) IBP vs Zamora
b) David vs Arroyo
2. Habeas Corpus (Sec. 15, Art. 7)
a) Forms of executive clemency
(1) Limitations
(2) Kinds of pardon
(3) Effects of pardon
(4) Amnesty
b) Borrowing power (Sec. 20, Art. 7)
c) Diplomatic power (Sec. 21, Art. 7)
(1) Pimentel vs ES
(2) AKBAYAN vs Aquino
d) Budgetary power (Sec. 22, Art. 7)
e) Informing power (Sec. 23, Art. 7)
VI. Judicial Department
A. Independence of the Judiciary
1. Sec. 4(1), Art. 8
2. Sec. 2, Art. 9
3. Sec. 2, Art. 8
4. Sec. 30, Art. 6
5. Sec. 9, Art. 8
6. Sec. 6, Art. 8
B. Judicial Power
1. Includes the power of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable and
2. To determine whether there has been a grave abuse of discretion on the
part of any branch or instrumentality of the Government.
3. Vested in the SC and lower courts
4. Limits
a) Political Questions
(1) Exception
(a) to the extent that power to deal with such questions
has been conferred upon the courts by express
constitutional or statutory provisions
b) Separation of powers
c) Advisory opinions - not a function of the judiciary
C. Jurisdiction (Sec. 2, Art. 8)
1. Power and authority of the court to hear, try and decide a case
2. De Castro vs JBC

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ACCA NOTES 

D. Appointment (Sec. 9, Art. 8)

1. Qualification [Sec. 7(1), (2), Art. 8]
a) Chief Justice and the Associate Justices of the SC
(1) Natural-born citizen
(2) At least 40 years old
(3) 15 years or more as a judge of a lower court or has been
engaged in the practice of law in the Philippines for the
same period
(4) A person of proven competence, integrity, probity and
independence
b) Presiding Justice and Associate Justices of CA
(1) Same as a)
c) RTC Judges
(1) Citizen of the Philippines
(2) At least 35 years old
(3) Has been engaged in the practice of law for at least 10
years or has held public office in the Philippines requiring
admission to the practice of law as an indispensable
requisite
(4) A person of proven competence, integrity, probity and
independence
d) Metropolitan, Municipal and Municipal Circuit Trial Court Judges
(1) Citizen of the Philippines
(2) At least 30 years old
(3) Has been engaged in the practice of law for at least 5
years or has held public office in the Philippines requiring
admission to the practice of law as an indispensable
requisite
(4) A person of proven competence, integrity, probity and
independence
2. JBC (Sec. 18, Art. 8)
a) Composition
(1) Ex-officio Chairman
(a) SC Chief Justice
(2) Ex-officio Members
(a) Secretary of Justice
(b) Representative of Congress
(3) Regular Members
(a) Representative of IBP
(b) Professor of Law
(c) Retired member of the SC
(d) Representative of the private sector
(e) Clerk of the SC

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ACCA NOTES 

b) Appointment
(1) Regular members shall be appointed by the President for a
4-year term with the consent of the Commission on
Appointments
c) Powers and Functions
(1) Recommend appointees to the Judiciary
(2) Recommend appointees to the Office of the Ombudsman
and his 5 deputies
(3) May exercise such other functions as may be assigned by
the SC
d) Chavez vs JBC
(1) SC ruled that the JBC is composed only of 7 members-
with Congress allowed only one representative.
e) Macalintal vs PET
E. Fiscal Autonomy (Sec. 3, Art. 8)
1. The Judiciary shall enjoy fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and, after approval, shall be
automatically and regularly released.
2. Bengzon vs Drilon
3. Re: COA Opinion
F. Composition of Supreme Court
1. En banc cases
a) All cases involving the constitutionality of a treaty, international or
executive agreement or law
b) Cases involving the constitutionality, applications or operation of
presidential decrees, proclamations, orders, instructions,
ordinances and other regulations.
c) Division cases when required majority in the division ias not
obtained
d) Cases where SC modifies or reverses a doctrine or principle of
law previously laid down either en banc or in division
e) Admin cases where the vote for the dismissal of a judge of a lower
court or otherwise to discipline one.
f) Election contests for President and VP
g) *Concurrence of majority = members who actually took part in the
deliberations of the issues in the case and voted thereon, provided
there is a quorum.
2. Division cases
a) Other cases or matters
G. Power of Judicial Review
1. Power of the courts to test the validity of executive and legislative acts in
light of their conformity with the Constitution.

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ACCA NOTES 

2. Not an assertion of superiority but merely an expression of supremacy of

the Constitution.
3. Requisites
a) Actual case or controversy
(1) A conflict of leagal rights, an asseriton of opposite legal
claims suscpetible of judicial determination.
(2) A constitutional question is ripe for adjudication when the
governmental act being challenged has had a direct
adverse effect on the individual changing it.
(3) Necessary that there be a law that gives rise to some
specific rights of persons or porperty under which adverse
claims are made.
(4) Pimentel vs Aguirre
(5) Garcillano vs House of Representatives
(6) Sana vs CESB
(7) Javier vs COMELEC
(8) David vs Arroyo
(9) Pimentel vs Ermita
(10) Antolin vs Domondon
(11) Imbong vs Ochoa
b) Proper Party
(1) Locus standi
(2) One who has sustained or is in imminent danger of
sustaining an injury as a resul of the act complained of.
(a) Direct Injury Test
(3) People vs Vera
(4) Cuyegkeng vs Cruz
(5) Topacio vs Ong
(6) Paguia vs OP
(7) White Light Corp vs City of Mabila
c) Earliest opportunity
d) Lis mota
(1) Zandueta vs De la Costa
(2) General vs Urro
(3) Demetria vs Alba
e) Effect of declaration of unconstitutionality
(1) Doctrine of operative facts
(a) Chaves vs JBC
(2) Partial unconstitutionality
f) Powers of Supreme Court
(1) Original jurisdiction
(2) Appellate jurisdiction
(a) British American Tobacco vs Camacho

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ACCA NOTES 

(3) Temporary assignment of judges

(4) Change of venue
(5) Rule-making power
(a) People vs Echegaray
(b) In Re: Cunanan
(6) Appointment of court personnel
(7) Administrative supervision of courts
(a) Maceda vs Vasquez
(b) Ampong vs CSC
(8) Tenure of judges
(a) In re: Gonzales
(9) Consultation of the Court
(10) Decisions of the Court
(11) Salaries of judges
(12) Periods of Decisions

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