CONSTITUTIONAL LAW REVIEWER: PRELIMINARY TOPICS  It must be PLEADED and PROVED before our courts.

 A party invoking a foreign law or judgment as a source of right has the

Constitution defined. That body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised [Cooley, Constitutional
Limitations, p. 4].
With particular reference to the Constitution of the Philippines: That 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 [Malcolm, Philippine Constitutional
Law, p. 6].
Purpose. To prescribe the permanent framework of a system of
government, to assign to the several departments their respective powers and
duties, and to establish certain first principles on which the government is founded
[11 Am. Jur. 606].
BURDEN OF PROOF to show the authenticity and genuineness of the
foreign document and foreign law he is relying upon.
 Without proper proof, PROCESSUAL PRESUMPTION sets in.
General Rule:
 Foreign judgment is entitled to respect and recognition by the
Philippine courts.
 The only duty of our courts is to ensure that the judgment is genuine,
authentic, and in accordance with the law.
 If all those conditions are complied with, the court’s remaining duty is
to enforce the foreign judgment.
4. Hierarchy of Laws
 Fundamental to the rule of law, as it dictates how the different levels
of law will apply in practice.

Classification:
Constitution
1. Written or unwritten. Awritten constitution is one whose precepts are
embodied in one document or set of documents; while an unwritten constitution National Laws
consists of rules which have not been integrated into a single, concrete form but
are scattered in various sources, such as statutes of a fundamental character, International Law

judicial decisions, commentaries of publicists, customs and traditions, and certain Administrative Rules
and Regulations
common law principles [Cruz, Constitutional Law, pp. 4-5].
Ordinances
2. Enacted (Conventional) or Evolved (Cumulative^. A conventional
constitution is enacted, formally struck off at a definite time and place following a
conscious or deliberate effort taken by a constituent body or ruler; while a
cumulative constitution is the result of political evolution, not inaugurated at any 5. Power of Judicial Review
specific time but changing by accretion rather than by any systematic method  the power of the courts to test the validity of executive and legislative
[Cruz, ibid., p. 5]. acts in light of their conformity with the Constitution. This is not an
assertion of superiority by the courts over the departments, but merely
3. Rigid or Flexible. A rigid Constitution is one that can be amended an expression of the supremacy of the Constitution.
only by a formal and usually difficult process; while a flexible Constitution is one  Basis of Judicial Review
that can be changed by ordinary legislation [Cruz, ibid., p. 5].  Constitution
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights which
Essential parts of a good written Constitution: are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
Constitution of Liberty. The series of prescriptions setting forth the amounting to lack or excess of jurisdiction on the part of
fundamental civil and political rights of the citizens and imposing limitations on the any branch or instrumentality of the Government. (Sec 1,
powers of government as a means of securing the enjoyment of those rights, e.g., par 2, Art VIII)
Art. III.  Statutes
 General Principles of Law
Constitution of Government. The series of provisions outlining the Requisites
organization of the government, enumerating its powers, laying down certain rules 1. Actual case or controversy;
relative to its administration, and defining the electorate, e.g., Arts. VI, VII, VIII and 2. Constitutional question must be raised by
IX. the proper party;
3. Constitutional question must be raised at the
Constitution of Sovereignty. The provisions pointing out the mode or earliest opportunity;
procedure in accordance with which formal changes in the fundamental law may 4. Determination of constitutionality of the
be brought about, e.g., Art. XVII. statute must be necessary to a final
determination of the case.
IMPORTANT CONSTITUTIONAL PRINCIPLES What can be Subjected to Judicial Review
1. Questions of Law - is a question which must be answered
1. Separation of Powers Principle by applying relevant legal principles, by an interpretation of
the law. Such question is distinct from a question of fact,
 The theory of the separation of powers is designed by its originators to which must be answered by reference to facts and
secure action and at the same time to forestall over action which evidence, and inferences arising from those facts.
necessarily results from undue concentration of powers, and thereby 2. Questions of Fact - is a question which must be answered
obtain efficiency and prevent deposition. by reference to facts and evidence, and inferences arising
from those facts. The answer to a question of fact (a
 Constitutional demarcations of the three fundamental powers of the "finding of fact") is usually dependent on particular
government. circumstances or factual situations.
o Legislative- Congress makes laws 3. Mixed Questions of Law and Fact
o Executive- President enforces laws Functions of Judicial Review
o Judiciary- Court apply, interpret and validate/confirm 1. Checking – invalidating a law or executive act that is
application of laws found to be contrary to the Constitution;
2. Legitimating – upholding the validity of the law that
 General Rule: Every power is supreme on its own. results from a mere dismissal of a case challenging
o Legislative cannot execute or construe laws the validity of the law; and
o Executive cannot make or construe laws 3. Symbolic- to see the public importance for the
o Judiciary cannot make and execute laws guidance of and restraint upon the future.

6. Doctrine of Operative Fact

 Divided to prevent concentration of powers.
 Under the operative fact doctrine, the law is recognized as
 Divided power must be wielded by co-equal branches that are capable
unconstitutional but the effects of the unconstitutional law, prior to its
of independent actions.
declaration of nullity, may be left undisturbed as a matter of equity and
 Lack of independence may result to the inability of branch of
fair play. In fact, the invocation of the operative fact doctrine is an
government to check the arbitrary or self-interest of another branch.
admission that the law is unconstitutional.
 Exception to the general rule that an unconstitutional law produces no
2. Principles of Checks and Balances
effects.
 It can never be invoked to validate as constitutional an unconstitutional
 Principle under which each department is vested the fundamental
act.
powers to forestall, restrain, or assert a possible or actual misuse or
abuse of the powers by the other department.  The doctrine of operative fact, as an exception to the general rule, only
PRESIDENT applies as a matter of equity and fair play.
 His approval is required in the law-making process of the Congress.
7. Political Questions Doctrine
He may exercise VETO power.
 A question of policy.
 He may nullify a conviction in a criminal case by pardoning the
offender  Those questions which, under the Constitution, are to be decided by
CONGRESS the people in their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the Legislature or
 May override the VETO power of the president by a vote of 2/3 of all
executive branch of the Government.
the members of each house
 It is concerned with issues dependent upon the wisdom, not legality, of
 May limit the jurisdiction of the Supreme Court and of that inferior
a particular measure.
courts and even abolish the latter tribunals subject to certain
transactions
JUDICIARY
 Has the power to declare invalid an act done by the Congress, the
President and his subordinates.
8. Inherent Powers of the Government
3. Principle of Comity
o Inherent in the State
 A principle of international law, that one state, to the greatest extent
o Necessary and indispensable
possible, recognize the legislative, executive or judicial acts of another.
o Methods by which State interferes with private property
Proof of Foreign Law
o Presupposes equivalent compensation
 o Exercised primarily by Legislature
POWERS
 Police Power
o The power of promoting public welfare by restraining and
regulating the use and enjoyment of liberty and property.
Limitations:
o Lawful Subject
o Lawful Means
o Other additional limitations.
Who may exercise the power?
o Vested in the Legislature. However, Congress may validly
delegate the power to the President, to administrative bodies and
to law-making bodies of the local government unit.
 Power of Eminent Domain
o PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC
USE WITHOUT JUST COMPENSATION (Art 3, Sec 3)
o “Eminent domain is the right or power of a sovereign state to
appropriate private property to particular uses to promote public
welfare.
o Indispensable attribute of sovereignty; a power grounded in the
primary duty of government to serve the common need and
advance the general welfare.
o The power of eminent domain is inseparable in sovereignty being
essential to the existence of the State and inherent in
government.”
o But the exercise of such right is not unlimited, for two mandatory
requirements should underlie the Government’s exercise of the
power of eminent domain, namely:
1. That it is for a particular public purpose; and
2. That just compensation be paid to the property
owner.
o These requirements partake the nature of implied conditions that
should be complied with to enable the condemner to keep the
property expropriated.”
Power of Eminent Domain Of The Local Government Units
 No inherent power of eminent domain
 LGUs can exercise the power only when expressly
authorized by the Legislature; subject to statutory
requirements pursuant to the Local Government Code
(RA 7160);
 Power of Taxation
o Purpose of Taxation
 Revenue
 Regulatory
 Promotion of general welfare
o Life Blood Doctrine- we need a government to survive, the
government need a constant flow of income to pay for expenses.
The people contribute to pay for those expenses though what we
called tax
o Benefits Received Theory-
Limitations on the exercise
 Due process of the law;
 Equal protection clause;
 Public purpose;
9. Immunity from Suit
 A sovereign is exempt from suit,
 not because of any formal conception or obsolete theory, but on the
logical and practical ground that there can be no legal right as against
the authority that makes the law on which the right depends.”
10. Doctrine of Qualified Agency
 All executive and administrative organizations are adjuncts of the Executive
Department, the heads of the various executive departments are assistants
and agents of the Chief Executive, and except in cases where the Chief
Executive is required by the Constitution or the law to act in person or the
exigencies of the situation demand that he act personally.
 The multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive departments,
and the acts of the secretaries of such departments, performed and
promulgated in the regular course of business, are, unless
disapproved or reprobated by the Chief Executive, presumptively the
acts of the Chief Executive.
11. Non-delegation of Power
 General Rule:
“The Congress of the Philippines cannot delegate its
legislative power.” (Sec 1, Art. VI, 1987 Constitution)
 Exception:
1. Delegation to the People through initiative and
referendum (Sec 1, Art. VI, 1987 Constitution)
2. Delegation to the President
 Tariff powers subject to the limitation and restrictions
imposed by Congress. (Sec 28, Art VI, 1987
Constitution)
 Emergency powers (Sec 23, Art. VI, 1987 Constitution)
3. Delegation to Local Governments and Administrative
Bodies
 This is an exception which is sanctioned by immemorial
practice. (Rubi vs. Provincial Board)
2 Tests of Valid Delegation
o Completeness test
o Sufficient standard test
12. Power of Control
The President shall have control of all the executive departments, bureaus, and
offices. (Sec 17 Art. VII, 1987 Constitution)
 CONTROL means the power of an officer to alter or modify or nullify or set
aside what a subordinate officer had done in the performance of his duties.
(Mondano vs. Silvosa)
13. Power of Supervision
1. This is the power of a superior officer to ensure that the laws are
faithfully executed by subordinates.
2. The power of the president over local government units is only of
general supervision. Thus, he can only interfere with the actions of
their executive heads if these are contrary to law.
3. The execution of laws is an OBLIGATION of the President. He
cannot suspend the operation of laws.
4. The power of supervision does not include the power of control; but
the power of control necessarily includes the power of supervision.
 In administrative law supervision means overseeing or the power or
authority of an officer to see that subordinate officers perform their
duties. If the latter fail or neglect to fulfill them the former may take
such action or step as prescribed by law to make them perform their
duties.
14. Doctrine of Constitutional Supremacy
If a law or contract violates any norm of the constitution that law or contract
whether promulgated by the legislative or by the executive branch or entered into
by private persons for private purposes is null and void and without any force
and effect. Thus, since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in every statute and contract.
(Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997)
15. Separation of Church and State
• Austria v. NLRC, G.R. No. 124382
“xxx The Supreme Court ruled that the case, being a labor issue, did not concern
an ecclesiastical (or purely religious affair). It was a secular matter and had no
relation whatsoever with the practice of faith, worship or doctrines of the church,
and thus the NLRC had jurisdiction.”
16. Political Law - Political Law defined. That branch of public law which deals
with the organization ,and operations of the governmental organs of the State and
defines the relations of the State with the inhabitants of its territory [People v.
Perfecto, 43 Phil. 887; Macariola v. Asuncion, 114 SCRA 77].
17. Scope/Divisions of Political Law.
1. Constitutional Law. The study of the maintenance of the proper
balance between authority as represented by the three inherent powers of the
State and liberty as guaranteed by the Bill of Rights [Cruz, Constitutional Law,
1993 ed., p. 1].
2. Administrative Law. That branch of public law which fixes the
organization of government, determines the competence of the administrative
authorities who execute the law, and indicates to the individual remedies for the
violation of his rights.
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws.
18. Interpretation/Construction of the Constitution.
( Francisco v. House of Representatives)
First, verba legis – whenever possible, the words used in the
Constitution must be given their ordinary meaning except where
technical terms are employed.
Second, ratio leqis et anima. The words of the Constitution should be
interpreted in accordance with the intent of the framers where there is
ambiguity.
Third, ut maais valeat auam pereat. i.e., the Constitution has to be
interpreted as a whole.
19. Brief History
• Malolos Constitution
• 1900 McKinley’s Instructions
• Spooner Amendment
• 1902 Philippine Bill
• 1916 Jones Law (Philippine Autonomy Act
• Tydings-McDuffie Act (Philippine Independence Act)
• 1935 Constitution
• Japanese Occupation Order No. 1 (Philippine Executive Commission)
• 1973 Constitution
• Freedom Constitution
• 1987 Philippine Constitution
PREAMBLE
A. Function of the Preamble
 It sets down the origin, scope and purpose of the Constitution
 It is an aid in ascertaining the meaning of ambiguous provisions in the
Constitution.
 A source of light, not obligation and rights
B. Origin of the Constitution
 It is the will of the sovereign Filipino people
C. Scope and purpose of the Constitution
 It is to build a just and humane society and to establish a government
that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves
and our posterity the blessings of independence and democracy under
the rule of law and a regime of truth, justice, freedom, love, equality
and peace.
  Posterity- the future generation; Patrimony- such as our history,
historic landmark, resources of the State.
D. “The Filipino People” in the 1935 Constitution vs. “We” in the 1987
Constitution
 “The Filipino People”- suggesting that another power was merely
announcing that the Filipinos were finally being allowed to promulgate
a Constitution.
 “We”- stresses the active and sovereign role of the Filipino people as
author of the constitution.
E. “Divine Providence” in the 1935 and 1973 Constitution vs. “Almighty God”
in the 1987 Constitution
 “Almighty God” is more personal and more consonant with personalist
Filipino religiosity.
F. “General welfare” in the 1935 and 1973 Constitution vs. “Common good”
in the 1987 Constitution
 “General welfare”- was avoided in the 1987 Constitution because it
could be interpreted as “the greatest good for the greatest number”
 “Common good”- projects the idea that enables every citizen to attain
his or her fullest development economically, politically, culturally, and
spiritually.
G. Love, truth, and peace
 “Love”- inserted as a monument to the love that prevented bloodshed
in the February Revolution.
 “Truth”- is a protest against the deception which characterized the
Marcos regime.
 “Peace”- mentioned last as the fruit of the convergence of truth, justice,
freedom, and love.
H. “Rule of law”
 Expresses the concept that government officials have only authority
given them by law and defined by law, and that such authority
continues only with the consent of the people.
I. Re: Letter of Tony Q. Valenciano
 Letters were written by Valenciano addressed to Chief Justice Puno
reporting that the basement of the Hall of Justice of Quezon City had
been converted into a Roman Catholic Chapel where masses are
being conducted. He believe that such practice violated the
constitutional provisions on the separation of Church and State.
 The Court ruled that holding Religious Roman Catholic Rituals in the
basement of the QC Hall of Justice does not amount to the union of
Church and State. The Constitution provides the free exercise and
enjoyment of religious profession and worship, without discrimination
or preference, shall be forever be allowed.
ARTICLE I – NATIONAL TERRITORY
A. Definition of national territory in 1935, 1973 and 1987 Constitution
 1935 Constitution- this Constitution had to be accepted by the
President of the United States since there was still some fear that the
U.S. government might dismember Philippine territory. Therefore, the
delegates of the 1935 Constitution believed that if the Philippine
territory was defined, the dismemberment could be forestalled.
 1973 Constitution- No special reason but some delegates argued that
defining the national territory is for the preservation of the national
wealth, for national security, and as a manifestation of our solidarity as
a people.
 1987 Constitution- it recognized the fact that an article on national
territory would have an educational value.
B. Components of the territory
 Terrestrial, fluvial, maritime and aerial domains.
 Terrestrial domain- refers to land mass
 Fluvial domain- refers to water mass
 Maritime zone- include internal waters, territorial sea, contiguous zone,
EEZ, continental shelf, high seas and the Area
 Aerial domains- refers to airspace above the land and waters of the
state; up to the atmosphere based on the Chicago Convention.
C. Archipelagic Principle
 Means that an archipelago shall be regarded as a single unit, so that
the waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the state, subject to its exclusive sovereignty.
D. Scope of the national territory
1. The Philippine archipelago;
2. All other territories over which the Philippines has sovereignty or
jurisdiction;
3. The territorial sea, the seabed, the subsoil, the insular shelves and
other submarine areas corresponding to 1. And 2. And their terrestrial,
fluvial, and aerial domains.
1. Philippine archipelago
 Is that body of water studded with islands which is delineated in:
o The Treaty of Paris, December 10, 1898 (Cession of
the Philippine Islands by Spain to the United States);
o Treaty of Washington, November 7, 1900;
o Treaty with Great Britain, January 2, 1930
2. All other territories over which Philippines has sovereignty or
jurisdiction
 Includes any territory which presently belongs or might in the
future belong to the Philippines through any of the internationally
accepted modes of acquiring territory such as:
o Batanes Islands [1935 Constitution]
o PD 1596 (Kalayaan Island Group)
 And territories belonging to the Philippines by historic right or
legal title such as:
o R.A. 5446 (Sabah)
3. The territorial sea, the seabed, the subsoil, the insular shelves and
other submarine areas corresponding to 1. and 2. and their terrestrial,
fluvial, and aerial domains.
Definition of terms:
 Sovereignty- pertains to the exclusive legal authority of a state over its
waters
 Baselines- lines drawn along the low water mark of an island or group
of islands, which mark the end of the internal waters and the beginning
of the territorial sea.
 Territorial sea- it is a belt of sea outwards from the baseline and up to
12 nautical miles (nm) beyond.
 Contiguous zone- is an area of water not exceeding 24nm from the
baseline.
 Exclusive economic zone (EEZ)- extends 200nm from the baseline
 Continental shelf- refers to the seabed and subsoil of the submarine
areas adjacent to the coastal state but outside the territorial sea to a
depth of 200 meters or, beyond that limit, to where the depth allows
exploitation, and the seabed and subsoil of areas adjacent to islands.
 High seas- are all parts of the sea that are not included in the EEZ,
territorial sea or internal waters, archipelagic waters of a state
 Seabed- refers to the land that holds the sea, lying beyond the
seashore, including mineral and natural resources.
 Subsoil- refers to everything beneath the surface soil, and the seabed,
including mineral and natural resources.
E. RA 9522 (New Baselines Law of 2009)
 Defined the archipelagic baseline of the Philippines
 Philippines exercises sovereignty and jurisdiction over the “Regime of
Islands” which are the Kalayaan Island Group (KIG) and Scarborough
Shoal
a. Magallona v. Ermita
 RA 9522 was enacted to comply with the terms of UNCLOS.
 Magallona questioned the validity of the law as it decreased the
national territory of the Philippines there declaring it
unconstitutional
 The Court held that RA 9522 is constitutional as it is a statutory
tool to demarcate the country’s maritime zones and continental
shelf and not to delineate Philippine territory.
 RA 9522 mark-out specific basepoints along the coasts from
which baselines are drawn, either straight or contoured, to serve
as geographic starting points to measure the breadth of the
maritime zones and continental shelf.
F. UNCLOS
 is a body of treaty rules and customary norms governing the uses of
the sea, the exploitation of its resources, and the exercise of
jurisdiction over maritime regimes.
 It establishes a comprehensive legal framework to govern all activities
and uses of the world’s seas and oceans.
 It defines the limits of territorial seas of countries from which they can
explore and exploit marine resources.
a. Internal waters
 All waters landwards from the baseline of the territory (rivers,
lakes, bays, etc.)
 Sovereignty over these is the same in extent as sovereignty over
land, and is not subject to the right of innocent passage
b. Territorial sea
 The belt of sea outwards from the baseline and up to 12nm
beyond. Regardless its width.
 2 ways of drawing the baselines:
o “Normal baseline”- is drawn following the low-water
line along the coast as marked on large-scale charts
officially recognized by the coastal state; appreciates
every curves of the land
o Straight baseline method- are drawn connecting
selected points on the coast without appreciable
departure from the general shape of the coast; follows
every edge of the baseline
c. Archipelago
 Archipelago- Body of water studded with islands
 Archipelagic state- constituted wholly by one or more
archipelagos and may include other islands
 Archipelagic Baselines
o 1. The straight baselines are drawn between the
outermost points of the outermost islands.
o 2. The length of such baselines does not exceed
100nm
o 3. The drawings of such baselines must not depart to
any appreciable extent from the general configuration
of the archipelago
o 4. Such baselines shall not be drawn to and from the
low-tide evaluations
o 5. These shall not be applied in such a manner as to
cut-off from the high seas or EEZ or territorial sea of
another State.
 c.1. Right of Innocent Passage
 Ships of all States enjoy the right of innocent passage
through designated sea lanes.
 Suspension of right:
o Does not discriminate among foreign ships
o Temporary
o Specifies the areas where innocent passage
shall not be allowed
o Essential to the protection of its security
o Duly published
d. Contiguous zone
 An area of water not exceeding 24nm from the baseline.
 Coastal state may exercise the control necessary to:
o 1. Prevent infringement of its customs, fiscal,
immigration, or sanitary laws and regulations
within its territory or territorial sea;
o 2. Punish infringement of the above laws and
regulations committed within its territory or
territorial sea
e. Continental shelf
 Refers to:
o 1. The seabed and the subsoil of the submarine
areas adjacent to the coastal state but outside
territorial sea to a depth of 200 meters, or,
beyond that limit, to where the depth allows
exploitation
o 2. The seabed and subsoil of areas adjacent to
islands
 Coastal states have the exclusive right to explore and
exploit its natural resources, to erect needed installations,
and to erect a safety zone over its installations with a
radius of 500 meters.
 Coastal states have a duty to safeguard the environment
on their continental shelf, and an obligation to let other
states use the shelf for certain purposes.
 Coastal states have a continental shelf that stretches
200nm to sea
f. EEZ (Exclusive Economic Zones
 Shall not extend beyond 200nm from the baseline
 Rights of coastal state:
o 1. Rights over economic resources of the sea,
seabed, and subsoil
o 2. Right to regulate, authorize, and conduct
marine scientific research in EEZ.
o 3. Jurisdiction over the establishment and use
of artificial islands, installations and structures.
 Primary obligation of the coastal state:
o 1. Ensure through proper conservation and
management measures that the living
resources of the EEZ are not subject to over
exploitation.
o 2. Promote the objective of “optimum utilization”
of the living resources.
g. High Seas
 All parts of the sea that are not included in the EEZ,
territorial sea, internal waters of a state, or in the
archipelagic waters of an archipelagic state.
 6 Freedoms: (N-FOLCS)
o 1. Navigation
o 2. Fishing
o 3. Overflight
o 4. Lay submarine cables or pipelines
o 5. Construct artificial islands and structures
o 6. Scientific research
g.1. Right of Visit
 A warship which encounters on the high seas a
foreign ship can board the latter only if there is
reasonable ground for suspecting that the ship is:
o 1. Engaged in piracy;
o 2. Engaged in slave trade;
o 3. Engaged in unauthorized broadcasting
and flag state of the war ship has
jurisdiction;
o 4. Without nationality; and
o 5. Flying a foreign flag or refuse to show
its flag.
g.2. Right of Hot Pursuit
 Hot pursuit is allowed where there is a good reason
to believe that the ship has violated rules or laws of a
coastal state.
 This must commence when the foreign vessel is
within the internal waters, the archipelagic waters, the
territorial waters, or the contiguous zone of the
pursuing state and it may continue to the high seas if
the pursuit has not been interrupted. It must stop as
soon as the ship pursed enters the territorial waters
of its own state or of a third state.
h. Sovereignty and Sovereign Rights
 Sovereignty- pertains to the exclusive legal authority of a
state over its waters, especially its internal waters and
territorial seas.
 Sovereign Rights- pertains to the entitlements or
privileges of a state to a defined area of a sea called the
EEZ. UNCLOS used this term to collectively represent the
limited rights of a state over its EEZ.
 Article 56 of UNCLOS mentioned that in this exclusive
economic zone, a state has sovereign rights for the
purpose of “exploring and exploiting, conserving and
managing the natural resources…of the waters superjacent
to the seabed and of the seabed and its subsoil, and with
regard to other activities for the economic exploitation and
exploration of the zone, such as the production of energy
from the water, currents and winds.”
 Having sovereign rights over a particular area, such as an
EEZ, does not confer sovereignty. This also means that
based on UNCLOS, an EEZ is not a sovereign territory.
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES
 State- state refers to a community of persons, more or less numerous,
permanently occupying a definite portion of territory, independent of
external control, and possessing an organized government to which the
great body of inhabitants render habitual
 People- A community of persons sufficient in number and capable of
maintaining the continued existence of the community and held together by
a common bond of law.
 Territory- is the fixed portion of the surface of the earth inhabited by the
people of the state.
 Sovereignty- The supreme and uncontrollable power inherent in a State by
which that State is governed.
 Legal Sovereignty- is the supreme power to affect legal interests either by
legislative, executive or judicial action. This is lodged in the people but is
normally exercised by state agencies.
 Political Sovereignty- sum total of all the influences of a State, legal and
non-legal which determine the course of law.
 Imperium- This is the authority possessed by the State embraced in the
concept of sovereignty.
 Dominium- Capacity of the State to own property.
 Jurisdiction- is the manifestation of sovereignty. The jurisdiction of the
state is understood as both its authority and the sphere of the exercise of
that authority.
 Government- That institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which are
necessary to enable men to live in a social state, or which are impose upon
the people forming that society by those who possess the power or
authority of prescribing them.
 Administration- consists of the set of people currently running the
institution.
 Governmental (Constituent)- are the compulsory functions which
constitute the very bonds of society.
 Proprietary (Ministerial)—optional functions of the government for
achieving a better life for the community.
 De Jure Government- one established by authority of the legitimate
sovereign.
 De Facto Government- one established in defiance of the legitimate
sovereign.
 Presidential government- form of government’s identifying feature is what
is called the “separation of powers.
 Republic- is a representative government run by the people and for the
people.
 Republican state- is a state wherein all government authority emanates
from the people and is exercised by representatives chosen by the people.
 Democratic State- In the view of the new Constitution, the Philippines is
not only a representative or republican state but also shares some aspects
of direct democracy such as “initiative and referendum”. The word
democratic is also a monument to the February Revolution which re- won
freedom through direct action of the people.
 Constitutional authoritarianism- as understood and practiced in the
Marcos regime under the 1973 Constitution, was the assumption of
extraordinary powers by the President, including legislative and judicial and
even constituent powers.
 Doctrine of Incorporation- Every state is, by reason of its membership in
the family of nations, bound by the generally accepted principles of
international law, which are considered to be automatically part of its own
laws.
 International Law- deals with the conduct of states and of international
organizations and with their relations inter se, as well as with some other
relations with persons, natural or juridical.
 Family- means a stable heterosexual relationship. The family is not a
creature of the State
Sec 1. The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.
Elements of a State (for municipal law purposes)
CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of
inhabitants render habitual obedience (GOVERNMENT)
Definition of “People”
CODE: CNCH
1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.
Definition of “Sovereignty”
1. LEGAL sovereignty
A. The supreme power to make law.
B. It is lodged in the people.
2. POLITICAL sovereignty
A. The sum total of all the influences in a state,
B. Legal and non-legal,
C. Which determine the course of law
According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.
Definition of “Government”
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
 5. or which are imposed upon the people forming that society by those
who possess the power or authority of prescribing them.
Classification of governments
1. De jure – one established by the authority of the legitimate sovereign
2. De facto – one established in defiance of the legitimate sovereign
Classification of de facto governments
1. De facto proper
1. That government that gets possession and control of
2. or usurps by force or by the voice of majority
3. the rightful legal government
4. and maintains itself against the will of the latter.
2. Government of paramount force
1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
3. in the course of war.
3. That established as an independent government by the inhabitants of a
country who rise in insurrection against the parent state.
Definition of “Republican State”
It is one wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct
democracy such as initiative and referendum.
Sec. 2. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument of national
policy. It does not renounce defensive war.
Some “generally accepted principles of international law” recognized by the
Court:
1. Right of an alien to be released on bail while awaiting deportation
when his failure to leave the country is due to the fact that no country
will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war
criminals (Kuroda v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu,
88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations. Diplomatic
recognition remains a matter of executive discretion.
International Laws
It refers to the body of rules and principles w/c governs the relations of nations and
their respective people in their intercourse with one another.
Sec 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the integrity of
the national territory. Civilian authority/supremacy clause (1st sentence)
1. Civilian authority simply means the supremacy of the law because
authority, under our constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.
Mark of sovereignty (2ndand 3rd
sentences)
1. Positively, this clause singles out the military as the guardian of the
people and of the integrity of the national territory and therefore
ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.
Armed Forces of the Philippines
- protector of the people and the State. The goal is to secure the sovereignty of
the State and the integrity of the national territory
Supremacy of Civilian Authority over the Military (in principle)
1.Inherent in a republican system - the idea of the supremacy of civilian authority.
The highest of such authority being the President
2.Safeguard against military dictatorship - a civilian, the President is the
commander in chief of all armed forces of the Philippines
Sec 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and,
in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal, military, or civil service.
This provision tackles about the power of the State to call upon the people when it
is necessary and when the state through the President believes it is needed.
Military and Civil Defense by the People
1. Defense of State performed by the people - the duty of the government and
the people to defend the State, cannot be performed except through an
army.
2. Compulsory - citizen may be compelled to render personal military or civil
service .
3. Civil Service - refers to any service for the defense of the State other than as
soldiers, like as workers in ammunition factories.
4. Personal - one cannot render the service required through another. The
service must be Personal.
5. By Law - the phrase under conditions provided by law is intended to prevent
arbitrariness on the part of certain officials to require military or civil service.
Sec. 5. The maintenance of peace and order, the protection of life, liberty
and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.
Section 6: The separation of Church and State shall be inviolable.
The state may intervene in the Church affairs when it is for legal and corporate
functions as it is incorporated under Philippine Law. The exclusivity of control will
only be bound within the Ecclesiastical nature of the Church and conduct of the
faith.
Sec. 7. The State shall pursue an independent foreign policy. In its relations
with other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination.
Foreign Policy is the basic direction underlying the conduct by a state of its affairs
vis-ˆ-vis those of other States. Any treaty that the President will get into requires
ratification of the majority of Congress to be binding and valid.
Sec. 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons
1. The policy PROHIBITS:
A. The possession, control and manufacture of nuclear
weapons
B. Nuclear arms tests.
1. The policy does NOT prohibit the peaceful uses of nuclear energy.
Section 9: The State shall promote a just and dynamic social order.
Section 10: The State shall promote social justice.
Social Justice - state must give preferential attention to the welfare of the less
fortunate members of the community.
Social justice is "neither communism, nor despotism, nor atomism, nor
anarchy," but the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational and objectively secular
conception may at least be approximated. Social justice means the promotion of
the welfare of all the people, the adoption by the Government of measures
calculated to insure economic stability of all the competent elements of society,
through the maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally, through the
adoption of measures legally justifiable, or extra-constitutionally, through the
exercise of powers underlying the existence of all governments on the time-
honored principle of salus populi est suprema lex. Social justice, therefore, must
be founded on the recognition of the necessity of interdependence among divers
and diverse units of a society and of the protection that should be equally and
evenly extended to all groups as a combined force in our social and economic life,
consistent with the fundamental and paramount objective of the state of promoting
the health, comfort, and quiet of all persons, and of bringing about "the greatest
good to the greatest number." (Calalang v. Williams)
Section 11: The State values the dignity and guarantees full respect for
human rights.
Sec. 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception.
 Principle that the family is not a creature of the State.
 Protection for the unborn.
1. It is not an assertion that the life of the unborn is placed exactly on the
level of the life of the mother. Hence, when it is necessary to save the
life of the mother, the life of the unborn may be sacrificed.
2. Under this provision, the Roe v. Wade doctrine allowing abortion up to
the 6th month of pregnancy cannot be adopted in the Philippines
because the life of the unborn is protected from the time of conception.
 The State recognizes the sanctity of family life.
 Family - the basic autonomous social institution
 Right to life of the unborn from conception and of the mother.
 Rearing of the youth for civic efficiency and development of moral character
1. Duty both of parents and government
2. Right of State to interfere with education of children
3. Power of state to regulate all schools
4. State and parental obligation
5. Duty of the State to encourage educational institutions
Section 13: The State recognizes the vital role of the youth for Nation
Building.
Section 14: The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
Role of women in nation building
1. Proven capabilities of Filipino women - history shows that our women
past and present have ably proven their capabilities in all fields of
human endeavours.
2. Expansion of women’s role - the constitution gives recognition to the
role Filipino women have played and continue to play as partners in
the task of nation building.
3. Equality of men before the law - Men and women are fundamentally
equal. As a rule, women have narrower occupational choices and have
lower earnings than men.
Section 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of
nature.
The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
Oposa v. Factoran
 The subject matter of the complaint is the general interest of all citizens of
the Philippines. The petitioner minors assert that they represent their
generation and the generations yet unknown. Their personality to sue in
behalf of succeeding generations is based on the concept of
intergenerational responsibility. Every generation has a responsibility to the
next to preserve the rhythm and harmony for the full enjoyment of a
balanced ecology.
  Doctrine of Intergenerational Responsibility- the State has the
responsibility to protect preserve the environment for the generation yet to
come.
 Writ of Kalikasan - a legal remedy that deals with the environmental
damage of such magnitude that it threatens life, health or property of
inhabitants extending into two or more cities or provinces.
LLDA v. CA
 To protect the inhabitants of the Laguna Lake Area from the deleterious
effects of wastes in the area as against the local autonomy claim of local
governments in the area.
MMDA vs. Residents of Manila Bay
 Several government agents were required by mandamus to undertake the
cleaning of Manila Bay and its surroundings.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
 This does not mean that the government is not free to balance the demands
of education against other competing and urgent demands.
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
 This means that the human factor has primacy over the non-human factor in
production.
Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
 This is a guide for interpreting provisions on the national economy and
patrimony. Any doubt must be resolved in favour of self-reliance and
independence in favour of Filipinos.
Section 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.
Section 21. The State shall promote comprehensive rural development and
agrarian reform.
 Comprehensive rural development also includes:
1. Social
2. Economic
3. Human
4. Cultural
5. Political and
6. Industrial development
Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
Section 23. The State shall encourage non-governmental, community-based,
or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation-building.
Section 25. The State shall ensure the autonomy of local governments.
 The TERRITORIAL and POLITICAL SUBDIVISIONS of the Republic of the
Philippines are the PROVINCES, CITIES, MUNICIPALITIES, and
BARANGAYS. There shall be AUTONOMOUS REGIONS in MUSLIM
MINDANAO and THE CORDILLERAS as herein after provided
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS-fixed as the
standard TERRITORIAL and POLITICAL SUBDIVISIONS of the Philippines
AUTONOMOUS REGION- a BODY CORPORATE consisting of provinces,
cities, and municipalities. Creation of other autonomous regions can only be
accomplished by CONSTITUTIONAL AMENDMENT.
 The right of PROVINCES, CITIES, MUNICIPALITIES, BARANGAYS, and
AUTONOMOUS REGIONS to exist as the TERRITORIAL and POLITICAL
SUBDIVISIONS of the state is no longer just a STATUTORY RIGHT but a
CONSTITUTIONAL RIGHT.
Salient Criteria for AUTONOMY
1. Autonomy should be compatible with national goals
2. Autonomy should ensure widest participation and initiative to the local
government unit
3. Autonomy should assure the development of self-reliant communities
 Local government - a political subdivision of a nation or a state which is
constituted by law and has substantial control of local affairs
 Unitary System of the Philippines: LOCAL GOVERNMENT can only be an
infra-sovereign subdivision of ONE SOVEREIGN NATION.
It cannot be an imperium in imperio but only:
 a measure of autonomy
 decentralization of the FUNCTIONS of GOVERNMENT
Section 26. The State shall guarantee equal access to opportunities for
public.
Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
 Public office is a public trust. Public officers and employees must at all times
be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead
modest lives.
Section 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
 The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations.
ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Section 1. Legislative Power; Non-Delegation
 Composition of the Congress – Senate and House of Representatives
 Legislative power – authority to make, alter or repeal laws
 Where vested: in the Congress of the Philippines which shall consist of a
Senate and House Representatives except to the extent reserved to the
people by provision on initiative and referendum
 Advantage of Bicameralism:
(1) allows for a body with a national perspective to check on the
parochial tendency of a body elected by districts
(2) bicameralism allows for a more careful study of legislation, and
(3) bicameralism is less vulnerable to attempts of the executive to
control the legislature
(4) serves as training ground for national leaders
 Kinds of legislative power:
 Original – possessed by the sovereign people
 Derivative – which has been delegated by the sovereign people
to legislative bodies
 Limits of legislative power
 Substantive – limits and curtails the contents of the law such that no
law shall be passed which impairs freedom of speech
 Procedural – curtails the manner how the law is passed
 Subject of legislation: Any
 Passage of irrepealable laws: Not allowed.
 Who may exercise legislative power?
1. Congress
2. Regional/Local legislative power
3. People’s initiative on statutes
a) Initiative and referendum
4. The President under a martial law rule or in a revolutionary government
General Rule: Non-Delegation of Legislative Power
Exception:
1. Delegation to local governments and administrative bodies
2. Grant of Quasi-Legislative Power; In general: LGU and Administrative Bodies
3. In instances allowed by the Constitution, e,g., Article VI, Section 23(2) and 28(2)
 Rubi vs Provincial Board
 Test of a Valid Delegation of Power
A. Completeness Test - the law must be complete in all its essential terms
and condition so there is nothing left for the delegate to do but to enforce it;
it must set forth therein the policy to be carried out
B. Sufficient Standard Test - Sufficient standard test which means that
the law must set the boundaries of the delegate’s authority and the
circumstances under which it is to be pursued and effected; limits of which
are sufficiently determinate or determinable
 Filling in the details
 Administrative agencies may be allowed either to fill up details of
an already complete statute or to ascertain the facts necessary to
bring a contingent law into actual operation
 When filling in details necessary:

 Contingent legislation – effectivity of law is made dependent on the
verification of executive of the existence of certain conditions; verification
delegated to the executive
 Quasi-legislative power delegated to the administrative agencies
As a result of growing complexity of modern society, it has become
necessary to create more and more administrative bodies to help in the
regulation of its ramified activities. Specialized in the particular field
assigned to them, they can deal within the problems thereof with more
expertise and dispatch than can be expected from the legislature or the
courts of justice.
 Rules and regulation promulgated by administrative agencies have the force
of law. May they have the force of penal laws?
 Yes, provided the ff. conditions concur:
 The delegating statute itself must specifically
authorize the promulgation of penal regulations
 The penalty must not be left to the administrative
agency but must be provided in the statute itself
 The regulation must be published in the Official
Gazette or a newspaper of general circulation
Section 2. Composition of the Senate - 24 senators elected at large
Section 3. Qualifications of a Senator
1. Natural born citizen
2. At least 35 years old on the day of election
3. Able to read and write.
4. A Registered voter
5. Resident of the Philippines for not less than two years preceding the
day of the election.
Section 4. Senator: Term of Office; Voluntary Renunciation
Term of office for Senators - shall be six years.
 Term – the period which an official is entitled to hold office.
 Tenure – the period which the official actually holds office.
 Limitation of senators’ term of office – no senator shall serve more than
two consecutive terms.
 Commencement of term – 12 NN, June 30th following their election
 Voluntary renunciation not considered as an interruption in the continuity of
his service
Section 5. Composition of the House of Representatives; Apportionment;
Party List
 Composition of the House of Representatives – not more than 250 unless
otherwise provided by law.
 Classification of the House
 District representatives
 Party list representatives.
 Allocation of seat in the house - 80% for district representatives
and 20% for party list representatives.
 Paragraph 1; Rules on Apportionment
 Legislative districts apportioned among the provinces,
cities, and the metropolitan Manila area
 In accordance with the number of their respective
inhabitants and on the basis of a uniform and
progressive ratio
 Contiguous, compact and adjacent territory
(Prohibition on gerrymandering)
 Population size (Each city with a population of at
least two hundred fifty thousand, or each province,
shall have at least one representative.")
 Following the return of every census, Congress shall
make a reapportionment ("Within three years
following the return of every census, the Congress
shall make a reapportionment of legislative districts
based on the standards provided in this section.")
 Party-list system:
 National
 Regional
 Sectoral parties or organization
 Reapportionment through Special Law
 Paragraph 2; Party-List Representation
Reason for party-list system: TO democratize political power by encouraging the
growth of a multi-party system while at the same time giving power to those who
traditionally do not win in elections
 Guidelines for Screening Party-List Participants (Ang Bagong Bayani
vs. Comelec)
1. The political party, sector, organization or coalition must represent the
marginalized and underrepresented groups identified in Section 5 of RA
7941
2. Political parties who wish to participate in the party-list system, they must
comply with the declared statutory policy of enabling "Filipino citizens
belonging to marginalized and underrepresented sectors x x x to be elected
to the House of Representatives."
3. The religious sector may not be represented
4. The party or organization must not be disqualified under Section 6 of RA
7941
5. The party or organization must not be an adjunct of, or a project organized
or an entity funded or assisted by, the government.
6. Its nominees must likewise comply with the requirements of the law
7. The nominees must likewise be able to contribute to the formulation and
enactment of appropriate legislation that will benefit the nation as a whole.
 The COMELEC determines whether or not a party is qualified to participate
in the party-list system.
 Qualifications of party-list nominees:
 (1) natural-born citizen
 (2) a registered voter
 (3) a resident of the PH for a period of not less than one year
immediately preceeding the elections
 (4) able to read and write
 (5) a bona fide member of the party or organization which he
seeks to represent for at least 90 days preceeding the day of
election
 (6) at least 25 years of age on the day of the elections
 Four parameters of party-list system
1. Twenty percent allocation
2. Two percent threshold
3. Three-seat limit
4. Proportional representation
 Veterans vs. COMELEC: 2% Threshold was required; the 20% allocation
mere a ceiling
 BANAT vs COMELEC: 20% allocation to be filled up was mandatory; 2%
unconstitutional
 Religious leaders may be elected as sectoral representatives but religious
groups cannot participate in the party-list system
 Bagabuyo vs COMELEC: Creation of new legislative district does not need
confirmation by plebiscite if it does not involve creation of a local
government unit.
Section 6. - Qualification of a Member of the House of Representatives
1. Natural born citizen
2. At least 25 years old on the day of election
3. Able to read and write.
4. A Registered voter in the district in which he will be elected.
5. Resident of that district for not less than one year preceding the day of
the election.
 Residency – what is required is not just temporary residence but
“domicile”.
o Residence simply requires bodily presence in a given
place. Domicile requires not only such bodily presence but
also a declared and probable intent to make it one’s fixed
and permanent place of abode, one’s home.
 Additional requirements are unconstitutional.
Section 7. Term of office for Members of House of Representatives – 3 years
 Limitation of House of representative’s term of office - not more than
three consecutive terms
Section 8. – Election of Congress – the regular election shall be held on the
second Monday of May unless otherwise provided by law.
Section 9. In case of vacancy – A special election may be called to fill such
vacancy in a manner prescribed law.
Limitations – Senator or members of the house that is elected on a special election
shall only serve for the unexpired term.
Section 10. Salaries – Determined by law
 Salary of the first Congress under the 1987 Constitution – 204,000 per
annum
 Limitation on the increase of salaries - No increase shall take effect until
after the expiration of the full term of all the members of the congress
approving such increase
Section 11. Privileges
1. Privilege from Arrest – privileged from arrest even for a criminal offense
provided that the offense was not punishable by a penalty of more than six (6)
years imprisonment
 It is available while the Congress is in Session –whether regular or
special, and whether the legislator is attending a session.
 Does not include immunity from arrest arising from an act or omission
punishable by law only immunity from civil arrests.
 PURPOSE – to protect the legislator against harassment which will
keep him away from legislative sessions.
 One who has been convicted does not enjoy immunity from arrest.
They may be arrested, even when the House is in session, for crimes
punishable by a penalty of more than 6 months.

2. Parliamentary Freedom of Speech and Debate – no Member shall be
questioned nor be held liable in any other place for any speech of debate in the
Congress or in any committee thereof
 SCOPE – (a) protection only against forums other than the Congress
itself; (b) utterances made in the performance of official duties; (c)
utterance must constitute “legislative action” –that it must be a part of
the deliberative and communicative process by which legislature
participate in
 PURPOSE – intended to leave the legislator unimpeded in the
performance of his duties and free from fear of harassment from
outside
 Extends to agents of assemblymen provided that the agents consist
precisely in assisting the legislatior in the performance of legislative
action
Section 12. Disclosure of Financial and Business Interest
 Disclosure merely enables the House to examine the arguments he might
present with a sharper eye and in the context of his personal interest.
 Advance disclosure would create a presumption in favor of the legislator
concerned should he later be charged by his colleagues with conflict of
interest.
 They shall notify the house concerned of a potential conflict of interest that
may arise from the filing of a proposed legislation of which they are authors.
 Financial interest
 Business interest
Section 13. Prohibitions on Members of Congress – no Senator or Member
may:
1. Hold any other office or employment in the Government without
forfeiting his seat;
2. Be appointed to any office which may have been created during the
term for which he was elected; and be entitled to emoluments thereof
increased during the term for which he was elected.
 Incompatible office – forfeiture of the seat in Congress shall be automatic
upon the member’s assumption of such other office deemed incompatible
with his seat in Congress.
 Forbidden office – the ban against appointment to the office created or the
emoluments thereof increased shall, however, last only for the duration of
the term for which the member of Congress was elected.
Section 14. Prohibitions Related to the Practice of Profession – no Senator or
Member may:
1. Personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies
a. EXPN: Not apply to the law firm of which they may be
members.
2. Directly or indirectly be interested financially in any contract with or
special privilege granted by the Government
3. Intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of
his office
Section 15. Regular Session; Special Session
 Regular Session - Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by law,
and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and Legal holidays.
 Special Session - The President may call a special session at any time. It is
called by the President while the legislature is in recess any time, usually to
consider legislative measures which the President may designate in his call.
 Joint Session
(1) Voting Separately:
a. Choosing the President
b. Determine President’s disability
c. Confirming nomination on the Vice President
d. Declaring the existence of a state of war
e. Proposing constitutional amendments
(2) Voting Jointly:
a. To revoke or extend proclamation suspending the privilege of the
writ of habeas corpus or placing the Philippines under martial law.
Section 16. Officers of Congress; Quorum; Discipline; Journal/Records
Officers (par. 1)
1. President of the House of Senate
2. Speaker of the House of Representatives
3. Other Officers - only if the Houses deemed of it as necessary
A Quorum to do Business & Compulsion to Attend (par. 2) – proportion
between those physically present and the total membership of the body (50% of
population + 1); existence of a quorum in the Senate shall be the total number of
Senators who are in the country and within the coercive jurisdiction of the Senate.
Internal Rules and Discipline (par. 3)
 On matters affecting only internal operation of legislature, the legislature’s
formulation and implementation of its rules is beyond reach of the courts.
 Where the Supreme Court said that the determination of the acts which
constitute disorderly behavior is within the full discretionary authority of the
House concerned and the Court will not review such determination, the
same being a political question.
 When, however, the legislative rule affects private rights, the courts cannot
altogether be excluded.
 Concurrence of 2/3 of all its Members to suspend or expel a Member.
Penalty of suspension, when imposed, shall not exceed 60 days.
Duty to keep a Journal (par. 4)
 RECORDS – word for word transcription
 JOURNAL – consists of the proceedings that transpired during the session
 EXPN: Those parts which may affect national security
 ENROLLED BILL – official copy of approved legislation and bears the
certification of the presiding officer of the legislative body
 ENROLLED BILL DOCTRINE – signing of a bill by the Speaker of the
House and the Senate President and the certification by the Secretaries of
Congress that such bill was passed are conclusive of its due enactment.
o Enrolled bill prevails, except as to matters which, under the
Constitution, must be entered in the Journal.
 Matters which, under the Constitution, are to be entered in the journal:
1. Yeas and nays on third and final reading of a bill;
2. Veto message of the President;
3. Yeas and nays on the repassing of a bill vetoed by the President; and
4. Yeas and nays on any question at the request of 1/5 of members
present.
 Purpose of keeping a Journal
o To insure publicity to the proceedings of the legislature, and a
correspondent responsibility of the members to their respective
constituents; and
o To provide proof of what actually transpired in the legislature.
Recess (par. 5) – Neither House During the sessions of the Congress shall,
without the consent of the other, adjourn for more than three days, nor to any other
place than that in which the two Houses shall be sitting. This coordinative rule is
necessary because two houses form one legislative body.
Section 17. Electoral Tribunal
Jurisdiction of Electoral Tribunal
 Nature – an independent, impartial and non-partisan tribunal
 Power - The Electoral Tribunals of the Houses of Congress shall be the sole
judge of all contests relating to the election, returns and qualifications of their
respective members. Jurisdiction starts only if elected official is proclaimed,
took an oath, and assumed office.
Composition
 3 Supreme Court justices designated by the Chief Justice
 6 Members of the Senate or House of Representatives
o Senior Justice shall be its Chairman.
Pre-proclamation controversies v. Electoral Tribunal
 Pre-proclamation controversies should be summarily decided, consistent
with the law’s desire that the canvass and proclamation be delayed as little
as possible
 Scope: limited to (a) incomplete returns, or returns with material defects; (b)
returns which appeared to be tampered with, falsified or prepared under
duress; (c) containing discrepancies in the votes credited (anything else
outside of these should be brought before the Electoral Tribunal)
Election contest – only when a defeated candidate challenges the qualification
and claims the seat of a proclaimed winner
Independence
 The Tribunals themselves are not part of either House of Congress. They
are independent constitutional creations which have the power to create
their own rules.
 It must be independent of Congress and devoid of partisan influence and
consideration.
Section 18. Commission on Appointments
Composition
 Senate President (ex-officio Chairman)
 12 Senators
 12 Members of the House of Representatives
 Chairman shall not vote except in case of a tie
Powers
 The Commission shall act on all appointments submitted to it within 30
session days of Congress from their submission. The Commission shall rule
by a majority vote of its members.
 The Commission on Appointments although its membership is confined to
members of Congress, is independent of the two Houses of Congress.
 Its powers do not come from Congress but emanate directly from the
Constitution and its functions are purely executive in nature.
Function: Acts as a legislative check on the appointing authority of the President.
Section 19. Constitutions of the Electoral Tribunal and the Commission on
Appointments
 The Electoral Tribunal and Commission on Appointments shall be
constituted within 30 days after the Senate and HOR have been
organized with the election of President and Speaker.
 The CA shall meet only while the Congress is in session at the call of
its Chairman or a majority of all of its members to discharge such
powers and functions.
How should the Commission arrive its decision?
1. Commission must act on all appointments submitted to it within 30 session
days from submission
2. Commission shall decide by majority vote
3. Commission can meet and act only when Congress is in session
Section 20. Records and Books of Accounts
“The records and books of accounts of the Congress shall be preserved and be
open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid
to and expenses incurred for each Member.”
Section 21. Inquiries in Aid of Legislation
“The Senate or the House of Representatives or any of its respective committees
may conduct inquiries in aid of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in or affected by such inquiries
shall be respected.”
Power of Inquiry – with process to enforce it, is an essential and appropriate
auxiliary to the legislative function. A legislative body cannot legislate wisely or
effectively in the absence of information respecting conditions which the legislation
is intended to affect or change.
Requisites:
a. In aid of legislation – essential element for establishing jurisdiction; should
contain suggestion of contemplated legislation.
b. In accordance with duly published rules of procedure – the conduct of
the investigations must comply with the Constitution
c. Respect for the rights of persons appearing in or affected by such
inquiries – respecting the right to privacy; right against self-incrimination;
subject to limitations placed by the Constitution on governmental action.
Power to Punish a Person Under Investigation
 Punishment of contumacious witness may include imprisonment, for the
duration of the session. The Senate, being a continuing body, may order
imprisonment for an indefinite period, but principles of due process and
equal protection will have to be considered.
 Power of investigation necessarily includes the power to punish a
contumacious witness for contempt.
Section 22. Appearance of Heads of Departments in Congress
Oversight function of Congress
 The power of oversight embraces all activities undertaken by Congress to
enhance its understanding of and influence over the implementation of
legislation it has enacted. Oversight concerns post-enactment measures
undertaken by Congress to determine how laws it has passed are being
implemented.
Question Hour
 In the context of a parliamentary system of government, the question hour
is a period of confrontation initiated by Parliament to hold the Prime
Minister and the other ministers accountable for their acts and the
operation of the government, corresponding to what is known in Britain as
the question period. The framers of the 1987 Constitution adopted this
parliamentary feature but removed the mandatory nature of such
appearance during the question hour in the present Constitution so as to
conform more fully to a system of separation of powers.
Section 23. Declaration of a State of War; Emergency Powers
 Voting requirement to declare the existence of a state of war – vote of
2/3 of both Houses in joint session assembled, voting separately
 Emergency powers of the President – Congress may, by law, authorize
the President to exercise powers necessary and proper to carry out a
declared national policy
o Limitations
 Powers will be exercised for a limited period only; and
 Powers will be subject to restrictions prescribed by Congress
 To carry out a declared national policy
o Expiration of emergency powers
 By resolution of Congress or
 Upon the next adjournment of Congress
 Power of the Sword - Congress has “the sole power to declare war” while
the power of the sword, which is the actual power to make war, is lodged in
the executive branch.
Section 24. Bills Originating in the House of Representatives
 Power of the purse - the executive holds the power of the “sword” and the
judiciary the “pen” while the legislature has the power of the “purse.” Also
known as the power of appropriation, it refers to the ability to lawfully
authorize spending of public funds.
 Appropriation of public revenue for public purpose - It is a general rule
that the legislature is without power to appropriate public revenues for
anything but a public purposes.
 Appropriation bill – aims to authorize the release of public funds from
treasury
 Revenue bill – aims to raise money e.g. taxes, customs duties, tariffs
 Tariff bill – imposed on the goods and services imported from another
country
  Bill authorizing increase of the public debt - facilitates the government
to issue bonds and other forms of indebtedness, which will be chargeable
from future public funds
 Bill of local application – directly allots to local or municipal appropriation
 Private bill – affects purely private interests, like indemnification to a
person who suffered damages or its agency or instrumentality or any part
thereof
o The House alone can initiate the passage of a revenue bill, such that,
if the House does not initiate one, no revenue law will be passed.
o But once the House has approved a revenue bill and passed it on to
the Senate, the Senate can completely overhaul it, by amendment of
parts or by amendment by substitution, and come out with one
completely different from what the House approved.
o It is the “bill” which must exclusively originate from the House; but the
“law” itself which is the product of the total bicameral legislative
process originates not just from the House but from both Senate and
House.
Section 25. Rules on Appropriation
1. Prohibition on increase – Congress may not increase the appropriations
recommended by the President for the operation of the Gov’t as specified in
the budget
2. Prohibition on “riders” in appropriation bills
 Rider – a loose provision or enactment being inserted in the general
appropriations bill, which does not form integral part of certain
appropriation contained therein
3. Procedure in approving appropriations by Congress shall follow the
procedure for approving appropriations for other departments and agencies
4. Purpose of a special appropriations bill must be specified and supported by
funds actually available
5. Prohibition on transfer of funds
 EXPN: President, Senate President, Speaker of the House, Chief
Justice, and Heads of the Constitutional Commission – authorized to
augment any item for their respective offices from savings in other
items of their respective appropriations
6. Discretionary funds shall be disbursed only for public purposes
7. When Congress fails to approve a general appropriation bill by the end of
any fiscal year, the one for the preceding shall be deemed re-enacted and
shall remain in force and effect until another is passed
 Budget – refers to the financial statement or record of the central
government for an incoming fiscal year, including the statements of the
projected receipts from revenue collections and expenditures for the
year
Section 26. Subject and Title of Bills; Three Readings
 Bill – a proposed law by the legislative department. Each house may
propose a bill, when the House of Representatives proposes one, it
shall be called a House Bill, and when the Senate initiates a proposal,
it shall be called a Senate Bill.
One-subject, one-title rule – mandatory; compliance is essential to its validity;
interpreted liberally; there is sufficient compliance if the title expressed the general
subject and all the provisions are germane to that general subject
 To prevent hodge-podge or log rolling legislation
o Any proposed measure consisting of general or more unrelated
subjects, but are integrated in the proposal in order to guarantee
support from members of Congress
 To prevent surprise or fraud upon legislature
 To fairly appraise the people
Interpretation of the Rule: Practical rather than technical construction
No bill passed by either House shall become a law unless it has passed 3
readings on separate days
 EXPN: When the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency
Section 27. Procedure in Passage of Bills; Item Veto
1. Must be approved by Congress – positive act; there is no enactment of law
by legislative inaction
2. Must be approved by the President – positive act or by inaction
 Veto power – when the President disapproves a bill, he exercises veto
power and returns it, with his objection, to the House where it
originated; must communicate veto within 30 days
 Power of Congress to override veto – by a 2/3 vote
 GR: The President must veto the entire bill; not allowed to veto
separate items of a bill
o EXPN: Item-veto in the cases of appropriation, revenue, and tariff
bills
Conference Committee – an extra-constitutional creation of Congress whose
function is to proposes to Congress ways of reconciling confliction provisions
found in the Senate version and in the House version of the bill
Doctrine of inappropriate provisions – provisions which are constitutionally
inappropriate for an appropriation bill may be singled out for veto even if it is not an
appropriation or revenue “item”; to veto riders in an appropriation bill
Executive impoundment – refusal of the President to spend funds already
allocated by Congress for a specific purpose
 Publication in every case is indispensable. Total omission of publication
would be a denial of due process in the sense that the people would not
know what laws too obey.
Section 28. Taxation – a means of raising funds for the operation of the
government, especially its public services. The distribution of the tax burden
should be equitable or fair. This means a person has to pay taxes based on his
ability to pay. Taxes should serve as tools in facilitating economic stability and
growth.
Rule of taxation shall be uniform and equitable
 Uniform – when it operates with the same force and effect in every place
where the subject of it is found; equivalent to the requirement of valid
classification under the equal protection clause
a) Standards that are used are substantial and not arbitrary;
b) Categorization is germane to achieve legislative purpose;
c) Applies to both present and future conditions; and
d) Classification applies equally well to all those belonging to the same
class
Progressive system of taxation – when the rate increases as the tax base
increases; the legislature should use the power of taxation as an instrument for a
more equitable distribution of wealth
Delegated tax legislation
Tax exemptions
 Charitable institutions, churches and parsonages, or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings and
improvements actually, directly, exclusively used for religious, charitable
and educational
o Exempt from property tax only
Purpose of power to tax – to raise revenue; to regulate
General limit on the power to tax – exercise for the general welfare; public
purpose
Section 29. Fiscal Powers of Congress; Limitations; Special Funds
Fiscal powers –
Special funds – money collected on any tax levied for a special purpose; must be
paid out for such purpose only; in case of balance, such shall be transferred to the
general funds of the Government
Limits – for public purpose
Section 30. Appellate Jurisdiction of the Supreme Court
 No law shall be passed increasing the appellate jurisdiction of the SC
o EXPN: When with the advice and concurrence of the SC
Section 31. Titles of Royalty and Nobility – prohibits the State from granting
such titles
Section 32. Initiative and Referendum
 Initiative – reserved power of the people to directly propose and enact laws
at polls called for the purpose independently of Congress or of a local
legislative body
 Referendum – the process by which any act or law or part thereof passed
by the Congress or by a local legislative body is submitted to the people for
their approval or disapproval.
ARTICLE VII – THE EXECUTIVE DEPARTMENT
Section 1. Executive Power – vested in the President of the Philippines as the
Head of State and Chief Executive
 Head of State – the ceremonial head of the government; must
take part with real or apparent enthusiasm in a range of activities
that would keep him running and posing from sunrise to bedtime
 Chief Executive – the President is the Executive of the
Government of the Philippines and no other
A. Scope of Executive Power
 Executive power – the power to execute, administer and carry
out laws into practical operation and enforce their due
observation.
 The powers of the President are not limited to what are expressly
enumerated in the 1987 Constitution. The President has residual
unstated powers implied from the grant of executive power
which come under the duty of the President to ensure that laws
are faithfully executed (Marcos v. Manglapus).
 The heads of the Executive Department are assistants and
agents of the President. (Villena v. Secretary of Interior).
B. Valid Exercise
 Executive privileges are extended to protect the interest of the
State and the public, and avoid unnecessary leakage. However,
the rule on civilian supremacy and right to information
supersedes as this is given importance when of public interest
[Chavez v. PCGG, G.R. No. 130716, December 9, 1998].
 Power to reorganize arising from power to control – The
President has the power to reorganize the offices and agencies
in the Executive department in line with the President’s
constitutionally-granted power of control over Executive offices
and by virtue of previous delegation of the legislative power to
reorganize executive offices under existing statutes [Banda v.
Ermita, 618 SCRA 499 (2010)].
C. Invalid Exercise
 The President may not convey valuable real property of the
government on his or her own sole will. Conveyance must be
authorized by a law enacted by Congress [Laurel v. Garcia, 187
SCRA 797 (1990)].
 The President has no inherent or delegated legislative power to
amend the functions of the CHED through an executive order
without a prior legislation. Administrative agencies exercise their
quasi-legislative or rule-making power through the promulgation
of rules and regulations [Review Center v. Ermita, 583 SCRA 42
(2009)].
 While it is true that the authority of the President to conduct
investigations and to create bodies to execute this power is not
explicitly mentioned in the Constitution or in statutes, it oes not
necessarily mean that he does not have such authority. The
President has the obligation to ensure that laws be faithfully
executed among the executive officials and employees [Biraogo
v. Truth Commission, 987 SCRA 78 (2010)].
D. Executive Privilege
 It is the power of the President to withhold certain types of
information from the courts, the Congress, and ultimately the
public.
 1. Conversations and correspondence between the President
and the public official covered by this executive order;
2. Military, diplomatic and other national security matters which
in the interest of national security should not be divulged;
3. Information between inter-government agencies prior to the
conclusion of treaties and executive agreements;
4. Discussion in close-door Cabinet meetings;
5. Matters affecting national security and public order [Senate
v. Ermita, G.R. No. 169777].
 It is premised on the fact that certain information must as a
matter of necessity be kept confidential in pursuit of the public
interest.
o The necessity must be of such high degree as to outweigh
the public interest in enforcing that obligation in a particular
case.
 The President’s power to claim executive privilege is not an
absolute on. Executive privilege may not be invoked to deny the
courts access to evidence needed in a criminal proceeding, or for
the purpose of disregarding the subpoena [US v. Nixon, 418 US
683 (1974)].
 A claim of privilege must be stated with sufficient particularity to
enable Congress or the Court to determine its legitimacy.
However, Congress must not require the executive to state the
reasons for the claim with such particularity as to compel
disclosure of the information which the privilege is meant to
protect [Senate v. Ermita, G.R. No. 169777].
 The President is the repository of the commander-in-chief,
appointing, pardoning, and diplomatic powers. Consistent with
the doctrine of separation of powers, the information relating to
these powers may enjoy greater confidentiality than others.
Presidential communication is presumptively privileged; but the
presumption is subject to rebuttal. Thus, whoever challenges it,
must show good and valid reasons related to the public welfare
[Neri v. Senate, G.R. No. 180843, March 25, 2008].
 While the executive branch is a co-equal branch of the
legislature, it cannot frustrate the power of Congress to legislate
by refusing to comply with its demands for information. Only one
executive official may be exempted from this power – The
President.
E. Immunity from suit during tenure
 The rationale for the grant to the President of the privilege of
immunity from suit is to assure the exercise of Presidential duties
and functions free from any hindrance or distraction, considering
that being the Chief Executive of the Government is a job that,
aside from requiring all of the office-holder’s time, also demands
undivided attention [Soliven v. Makasiar, 167 SCRA 393 (1989)].
 The privilege may only be invoked by the holder of the office, not
by any other person in the President’s behalf. A sitting President
does not enjoy immunity for unofficial acts committed before his
term [Clinton v. Jones, 520 US 681 (1997)].
 After his tenure, the Chief Executive cannot invoke immunity
from suit for civil damages arising out of acts done by him while
he was President which were not performed in the exercise of
official duties. It should be noted that the language of the Court
goes beyond merely saying that a non-sitting President does not
enjoy immunity from suit. It also suggests that even a sitting
President is not immune from suit for non-official acts [Estrada v.
Desierto, G.R. No. 146740-15].
 Even if a department Secretary is an alter ego of the President,
he cannot invoke the President’s immunity from suit in a case
filed against him because the questioned acts are not the acts of
the President but merely those of a department Secretary [Gloria
v. CA, G.R. No. 119903, August 15, 2000].
F. The Cabinet
 It is extra-constitutionally created and it essentially consists of the
heads of the departments who through usage have formed a
body of presidential advisers who meet regularly with the
President.
 The President, through his power of control over them and his
power to remove them at will, remains the chief of administration.
 Cabinet members as individuals and the Cabinet as institution
possess no authority over the President. They serve at the
behest and pleasure of the President.
Section 2. Qualifications of the President
1) Natural-born citizen of the Philippines
2) Registered voter
3) Able to read and write
4) At least 40 years old on the day of the election
5) Resident of the Philippines for at least 10 years immediately preceding
such election
 Natural-born citizens – Those who are citizens of the
Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship (Article IV, Section
2, 1987 Constitution)
 An illegitimate child of an American mother and a Filipino father
is a natural born Filipino citizen if paternity is clearly proved.
Hence, such person would be qualified to run for President
[Tecson v. Comelec, G.R. No. 161434, March 3, 2004].
 As a matter of law, foundlings are as a class, natural-born
citizens [Poe-Llamanzares vs. Comelec G.R. No. 221697, March
8, 2016].
 Residency – One is a resident of the Philippines if he is
“domiciled” there, that is, there must concur (1) bodily presence
in the locality, (2) an intention to remain there, or animus
manendi, and (3) an intention to abandon the old domicile, if he
had one, or animus non revertendi
Section 3. Qualifications of the Vice President
1) Natural-born citizen of the Philippines
2) Registered voter
3) Able to read and write
4) At least 40 years old on the day of the election
5) Resident of the Philippines for at least 10 years immediately preceding
such election
 Function – To be on hand to act as President when needed or to
succeed to the presidency in case of a permanent vacancy in the
office
 The Vice-President may be appointed as a Member of the
Cabinet. Such appointment does not need the consent of the
Commission on Appointments. But the President is free to
choose for his Cabinet people who are his trusted personal
choices.
Section 4. Election, Term Limits and Canvass
A. Election of the President and Vice-President – By direct vote of the
people through elections
 Regular elections – on the second Monday of May, unless
otherwise provided by law
B. Term of the President and Vice-President – 6 years; to begin at
noon on June 30th following the day of the election and to end at noon
also on June 30th six years thereafter
 Limit on number of terms for President – One; not eligible for
any re-election
 Limit on number of terms for Vice-President – No more than 2
successive terms
o Voluntary renunciation of the office is not considered as an
interruption in the continuity of the service for the full term
for which he was elected.
o If the Vice-President succeeds to the presidency and
serves for less than 4 years, he may run for election as
President since such would not be a re-election
C. Congress as National Board of Canvassers
 Congress is charged with the ministerial and executive duty to
make said declaration, on the basis of the election returns duly
certified by provincial and city board of canvassers.
 The Senate President shall, not later than 30 days after the day
of election, open all the certificates in the presence of the Senate
and the House of Representatives in joint public session.
 Congress shall promulgate its rules for the canvassing of the
certificates.
 The responsibility for the canvassing of the votes in a presidential
and vice-presidential election and proclaiming the winners is
given by the Constitution to both houses of Congress in joint
session, and not to the COMELEC [Macalintal v. Comelec, G.R.
No. 157013, July 10, 2003].
 Congress may delegate the initial determination of the
authenticity and due execution of the certificates of canvass to a
joint congressional committee, composed of members of the
House of Representatives and of the Senate, provided that the
Committee report must be submitted for approval by the
Congress as a body, voting separately [Lopez v. Senate, G.R.
No. 163556, June 8, 2004].
 The final adjournment of Congress terminates legislation but not
the non-legislative functions of Congress such as canvassing of
votes [Pimentel v. Joint Canvassing Committee, G.R. No.
163783, June 22, 2004].
 There is no constitutional or statutory basis for the COMELEC to
undertake a separate and an unofficial tabulation of results,
whether manually or electronically. If the COMELEC is
proscribed from conducting an official canvass of the votes cast
for the President and Vice-President, the COMELEC is, with
more reason, prohibited from making an unofficial canvass of
said votes [Brillantes v. Comelec, G.R. No. 163193, June 15,
2004].
D. Breaking President or Vice-President Tie
 In case two or more shall have an equal and highest number
of votes – Tie is broken by the vote of a majority of all the
Members of both Houses, voting separately
E. Sole Judge of Election Contests of the President or Vice-
President
 The Supreme Court, sitting en banc, shall be the sole judge of
all contests relating to the election, returns, and qualifications of
the President or Vice-President.
 The Presidential Electoral Tribunal is no other than the Supreme
Court itself [Lopez v. Roxas, 17 SCRA 761].
 The rule in presidential contests is that only the 2nd and 3rd
placers may contest the election. Such rule effectively excludes
the widow of a losing candidate [Poe v. GMA, PET Case No.
002, March 29, 2005].
 The validity, authenticity and correctness of the statements of
votes and certificates of canvass are under the Tribunal’s
jurisdiction. The constitutional function as well as the power and
the duty to be the sole judge of all contests relating to the
election, returns and qualification of the President and Vice-
President is expressly vested in the PET. Included therein is the
duty to correct manifest errors in the SOVs and COCs [Legarda
v. De Castro, PET Case No. 003, March 31, 2005].
Section 5. Oath
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my
duties as President (or Vice-President or Acting President) of the Philippines,
preserve and defend its Constitution, execute its laws, do justice to every man,
and consecrate myself to the service of the Nation. So help me God.” (In case of
affirmation, last sentence will be omitted)
Section 6. Official Residence; Salary
 Salaries of the President and Vice-President shall be determined
by law; no decrease nor increase in compensation shall take
effect until after the expiration of the term of the incumbent during
which such the increase was approved
Section 7. Vacancy at the Beginning of the Term of the Presidency  Purpose of access – To allow the President to make the
 When on the appointed hour and day (12 noon, June 30th) there important decisions in those areas of government, which
is no President-elect, Section 7 applies. suggests that this contemplates a situation where the President
is still able
Vacancy Situation Effect  Duty of releasing the information – the Office of the President
1. President-elect fails to qualify Vice-President-elect becomes acting- would be responsible for making the disclosure despite not
President until the President-elect will be specifying on whom the duty devolves
qualified
2. President shall not have been The Vice-President-elect becomes acting- Section 13 - Prohibitions imposed on the president and his official family and
chosen President until the President-elect will be relatives
chosen and be qualified
3. Death or permanent disability Vice-President-elect becomes President  The President, Vice-President, the Members of the Cabinet, and their
of the President-elect deputies or assistants shall not, unless otherwise provided in this
4. No President and Vice- Senate President or, in case of his inability, Constitution, hold any other office or employment during their tenure. They
President chosen nor shall the Speaker of the House of shall not, during said tenure, directly or indirectly, practice any other
have qualified, or both shall Representatives, shall act as President profession, participate in any business, or be financially interested in any
have died or become until a President or Vice-President shall contract with, or in any franchise, or special privilege granted by the
permanently disabled have been elected and qualified Government or any subdivision, agency, or instrumentality thereof, including
5. Death, permanent disability Congress will decide by law who will act as government-owned or controlled corporations or their subsidiaries. They
or inability to assume office of President until a President or Vice- shall strictly avoid conflict of interest in the conduct of their office.
both the Senate President President shall have been elected and
and Speaker of the House of qualified  The spouse and relatives by consanguinity or affinity within the fourth civil
Representatives degree of the President shall not, during his tenure, be appointed as
Members of the Constitutional Commissions, or the Office of the
Section 8. Vacancy during the Term of the Presidency Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices, including government-owned or controlled corporations
 When an incumbent President dies, is permanently disabled, is
removed from office, or resigns, Section 8 applies. and their subsidiaries.

Section 14 - Appointments
Vacancy Situation Effect
 An acting president possess powers to appoint but his appointments may
1. Death, permanent disability, Vacancy created is permanent; Vice- be revoked by the elected president within 90 days from his assumption or
removal from office, or President becomes President
re assumption of office
resignation of the President
2. Death, permanent disability, Senate President or, in case of his Section 15 - time periods of appointments
removal from office, or inability, the Speaker of the House of  Two months immediately before the next presidential elections and up to
resignation of both the President Representatives, shall act as President the end of his term, a President or Acting President shall not make
and Vice-President until a President or Vice-President shall appointments, except temporary appointments to executive positions when
have been elected and qualified continued vacancies therein will prejudice public service or endanger public
3. Death, permanent disability or Congress will determine by law who safety.
inability to assume office of both will act as President until a new  If it is necessary to make appointments during this period, only temporary
the Senate President and President or Vice-President shall have appointments can be extended and only to the executive department
Speaker of the House of qualified  Midnight appointments - prohibited only to presidential appointments, not to
Representatives local elective officials from making appointments during the last days of his
tenure.
 Causes of vacancy in Section 8 – (1) death, (2) permanent
disability, (3) removal from office, or (4) resignation Section 16- Nature of appointing power
 See article 16 - provision
Section 9. Vacancy in the Vice Presidency  Appointing is executive in nature.
 Appointments that needs confirmation by the commission on appointments
Vacancy Situation Effect are only those enumerated in section 16
1. In case of vacancy in the office of The President shall nominate a Vice-  Significance of enumeration - congress may not give to any other officer the
the Vice-President during the President from among the Members of power to appoint the enumerated officers.
term for which he was elected the Senate and the House of  When the law creating an office is silent as to who should appoint the
Representatives corresponding officer - the president should appoint.
 Ad-interim appointments - made by the president during the recess of
congress
 For the nomination to be effective, it must be confirmed by a  Ad interim appointments are effective immediately, without need of
majority vote of all the Members of both Houses of Congress, confirmation by the commission on appointments and they are permanent.
voting separately.  Difference of ad interim appointment and appointment in acting capacity -
the former refers to positions which need confirmation by the committee on
Section 10. Vacancies in both the Presidency and the Vice Presidency appointments while the latter do not. Moreover the former may be given
 Special election – At 10:00 am on the 3rd day after vacancy only when congress is not in session and the latter may be given even
occurs, Congress shall convene without need of a call, and within when it is in session.
7 days enact a law calling for a special election to elect a
President and a Vice-President to be held not earlier than 45 nor Section 17 - Power of control
later than 60 days from the time of such call.  Power of control - the power of an officer to alter or modify or nullify or set
o No special election – if the vacancy occurs aside what a subordinate officer had done in the performance of his duties.
within 18 months before the date of the next  Doctrine of qualified agency - “ all executive and administrative
presidential election. organizations are adjuncts of the executive department… the acts of the
secretaries of such, performed and promulgated in the regular course of
Section 11. Incapacity of the President business are, unless disapproved or re-probated by the chief executive
 When the President transmits to the Senate President and the presumptively the acts of the chief executive.
Speaker of the House his written declaration that he is unable to  Power of control Vs. Disciplinary power of the president - the former applies
discharge the powers and duties of his office, and until he to the exerside of control over the acts of the subordinate in the
transmits to them a written declaration to the contrary – such performance of his duties. Therefore, is not the source of the executive’s
powers and duties shall be discharged by the Vice-President as disciplinary power rather his disciplinary power flows from his power to
Acting President. appoint.
 When a Majority of all the Members of the Cabinet transmit to the  Significance of the second sentence of sec 17 - he shall ensure that the
Senate President and the Speaker of the House their written laws be faithfully executed - president can do whatever is needed to ensure
declaration that the President is unable to discharge the powers laws, general or special are followed.
and duties of his office – the Vice-President shall immediately  Power of supervision - power of a superior officer to ensure that laws are
assume the powers and duties as Acting President. faithfully executed by inferiors. It does not include the power of control but
o If the President transmits a written declaration the power of control necessarily includes the power of supervision.
that no inability exists – he shall reassume the
powers and duties of his office. Section 18 - President as the commander in chief
o If a majority of the Members of the Cabinet  See provision - codal
transmit within 5 days their written declaration  Significance of the commander in chief of the president - that a civilian
that the President is unable to discharge the president holds supreme military authority and is the ceremonial, legal and
powers and duties of his office – Congress shall administrative heas of the armed forces.
decide the issue by convening within 48 hours.  The constitution does not require that the president posses military training
 And if within 12 days after it is and talents but he has the power to direct military operations and determine
required to assemble, Congress strategy. Normally he delegates the actual command to military experts but
determines by a 2/3 vote of both the ultimate power is his.
Houses, voting separately, that the  Writ of habeas corpus - a writ directed to the person detaining another
President is unable to discharge his commanding him to produce the body of the prisoner at a designated time
powers and duties – the Vice- and place, with the day and cause of his caption and detention to receive
President shall act as President. whatever the ocurt awarding the writ shall consider in his behalf. (art 3 - sec
15 )
Section 12. Serious Illness of the President  To whom does the suspension of the priveldge apply - only persons
 In such a case, the public shall be informed of the state of his judicially charged for rebellion or offenses inherent in or dierecly connected
health. with invasion.
 Not just illness which incapacitates but also any serious illness  Martial law - police power is normally a function of the legislature but under
which can be a matter of national concern. martial law police power is exercised by the executive with the aid of the
 Access to the President is kept open for Cabinet members in military.
charge of the national security and foreign relations and the Chief  Limitations on the power ro suspend the priveldge and power to impose
of Staff of the Armed Forces of the Philippines. martial law - 1. a time limit of 60 days 2. review and possible revocation by
congress 3. review and possible nullification by the supreme court.
 How does congress vote when deciding whether to revoke or extend the
imposition - the senate and the HOR vote jointly.
Section 19 - power to grant amnesty
 Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after conviction by final judgment.
 Purpose - admission that human institutions are imperfect and that there
are infirmities in the administration of justice. The power exists as an
instrument for correcting this infirmities and for mitigating whatever
harshness be generated by a too strict application of the law
 Forms of executive clemency ; Reprieves, Commutations, Pardons,
Remission of Fines and forfeitures, amnesty.
 The president may extend executive clemency for administrative penalties.
The constitution makes no distinction with regard to the extent of the
pardoning power except with respect to impeachment.
REMISSION OF FINES
REPRIEVE COMMUTATION AND FORFEITURES
POSTPONES THE REMISSION OF A PART SELF - EXPLANATORY
ECECUTION OF AN OF PUNISHMENT. A / MERELY PREVENTS
OFFENSE TO A DAY SUBSTITUTION OF A THE COLLECTION OF
CERTAIN. LESS PENALY FROM FINES OR
THE ONE ORIGINALLY CONFISCATION OF
IMPOSED. FORFEITED
PROPERTY.
 Pardon - act of grace, proceeding from the power entrusted with the
execution of the laws which exempts the individual, on whom it is bestowed
the punishment the law inflict for a crime he committed. It is a deed.
Delivery is not complete without acceptance. It may then be rejected. If he
does, no power in a court to force it on him.
 Absolute pardon - complete even without acceptance
 Conditional pardon - has no force until accepted by the condemned.
 Amnesty - denotes the general pardon to rebels for treason and other high
political offenses.
 PARDON VS. AMNESTY - Pardon is granted by the chief executive and is
a private act which must be pleaded by the person pardoned because the
courts take no notice while amnesty by proclamation of the chief executive
with the concurrence of congress is a public act of which the courts take
judicial notice.
Section 20 - Foreign loans
 The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary
Board, and subject to such limitations as may be provided by law. The
Monetary Board shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect
of increasing the foreign debt, and containing other matters as may be
provided by law.
 Language is clear as it is broad. The president is allowed to contract and
guarantee foreign loans. It makes no prohibition on the issuance of certain
kinds of loans or distinctions as to which kinds of debt instruments are more
onerous than others.
Section 21 - Treaty or International Agreement
 No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.
 Foreign relations power of the president ; 1. power to negotiate treaties and
international agreements. 2. power to appoint ambassadors and other
public ministers and consuls. 3. power to receive ambassadors and other
public ministers accredited to the philippines. 4. power to contract and
guarantee foreign loans on behalf of the republic and 5. the power to deport
aliens,
Section 22 - General appropriation bill
 The President shall submit to the Congress, within thirty days from the
opening of every regular session as the basis of the general appropriations
bill, a budget of expenditures and sources of financing, including receipts
from existing and proposed revenue measures.
 Basis - the budget receipts and expenditures prepared by the president.
 Significance of the phrase “ sources of financing “ - implies that financing
can come from sources other than revenue measures.
Section 23 - The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other time.
ARTICLE VIII – THE JUDICIAL DEPARTMENT
Section 1. Judicial Power
Judicial Power, Definition
“The right to determine actual controversies arising between adverse litigants, duly
instituted in courts of proper jurisdiction." (Muskrat vs. United States)
It is "the authority to settle justiciable controversies or disputes involving rights that
are enforceable and demandable before the courts of justice or the redress of
wrongs for violation of such rights.” (Lopez vs. Roxas)
Where power is vested
Supreme Court and in such lower courts as may be established by law
Scope of judicial power
Includes the:
(1) duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable
(2) to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
Limitation of the power given to courts
(a) neither attempt to assume nor be compelled to perform non-judicial
functions
(b) may not be required to act as a board of arbitrators
(a and b – Manila Electric Co. v. Pasay Transportation Co.)
(c) may not be charged with administrative functions (Exception: when
reasonably incidental to the fulfilment of judicial duties)
(Nobejas v. Tehankee)
(d) may not give advisory opinions (Directors of Prisons v. Ang Cho Kio)
Advisory Opinions, Definition
An advisory opinion is a response to a legal issue posed in the abstract in advance
of any actual case in which it may be presented. An advisory opinion binds no one.
The Court cannot issue advisory opinions on the state and meaning of laws, or
take cognizance of moot and academic questions, subject only to notable
exceptions involving constitutional issues.
Principle of Judicial Restraint
The Principle of Judicial Restraint states that judges should limit the use of their
power to strike down laws, or to declare them unfair or unconstitutional, unless
there is a clear conflict with the Constitution.
What is meant by grave abuse of discretion
Not every abuse of discretion can be the occasion for the Court to come in by
virtue of the Section 1. It must be "grave abuse of discretion amounting to lack or
excess of jurisdiction.”
Sinon v. Civil Service Commission put it:
(a) such capricious and whimsical exercise of judgment as is
equivalent to lack of jurisdiction
(b) abuse of discretion must be patent and gross as to amount to an
evasion of positive duty or a virtual refusal to perform a duty enjoined
by law
(c) or to act at all in contemplation of law, as where the power is
exercised in an arbitrary and despotic manner by reason of passion or
hostility.
Difference between declaratory judgment and advisory opinion
A declaratory judgment involves real parties with real conflicting legal interests
whereas an advisory opinion is a response to a legal issue posed in the abstract in
advance of any actual case in which it may be presented. As a consequence of
this distinction, an advisory opinion binds no one whereas a declaratory judgment
is a final one and is forever binding on the parties. The former is thus not a judicial
act but the latter is.
Justiciable Controversy, Definition
A justiciable controversy is a definite and concrete dispute touching on the legal
relations of parties having adverse legal interests, which may be resolved by a
court of law through the application of a law. (Cutaran vsDENR)
A justiciable controversy implies a given right, legally demandable and
enforceable, an act or omission violative of such right, and a remedy granted and
sanctioned by law for said breach of right.
Jurisdiction, Definition
Jurisdiction for the purpose of this article is defined as the power to hear and
decide a case.
Doctrine of Primary Jurisdiction
 The doctrine of primary jurisdiction holds that if a case is such that its
determination requires the expertise, specialized training and knowledge of
an administrative body, relief must first be obtained in an administrative
proceeding before resort to the courts is had even if the matter may well be
within their proper jurisdiction.
 The objective of the doctrine of primary jurisdiction is to guide a court in
determining whether it should refrain from exercising its jurisdiction until after
an administrative agency has determined some question or some aspect of
some question arising in the proceeding before the court.
Declaration Relief – an action by any person interested under a contract or other
written instrument, or whose rights are affected by a statute, ordinance, executive
order or regulation to determine any question of construction or validity arising
under the instrument, executive order or regulation or statute and for a
determination of his rights or duties thereunder.
Requisites:
1. there must be a justiciable controversy;
2. the controversy must be between persons whose interests are
adverse;
3. the party seeking declaratory relief must have a legal interest in the
controversy;
4. the issue involved must be ripe for judicial determination
Conclusive character of Supreme Court judgement
Supreme Court decisions, being the highest court, are conclusive and binding.
Plenary Judicial Power; Derivative; PET
The power wielded by PET is a derivative of the plenary judicial power allocated to
courts of law, expressly provided in the Constitution. On the whole, the
Constitution draws a thin, but, nevertheless, distinct line between the PET and the
Supreme Court (Macalintal v. PET)
"There shall be an independent Presidential Electoral Tribunal x x x
which shall be the sole judge of all contests relating to the election,
returns, and qualifications of the president-elect and the vice-president-
elect of the Philippines." (Section 1 of Republic Act No. 1793)
Republic Act No. 1793 has not created a new or separate court. It has merely
conferred upon the Supreme Court the functions of a Presidential Electoral
Tribunal.
Judicial power is not exercised to address moot questions
Moot case, Definition
A moot case is one that ceases to present a justiciable controversy by virtue of
supervening events, so that a declaration thereon would be of no practical use or
value.
However, Courts will decide otherwise moot and academic if:
1. there is a grave violation of the Constitution
2. second, the exceptional character of the situation and the paramount
public interest is involved;
 3. when the constitutional issue raised requires formulation of controlling
principles to guide the the bar, and the public; and
4. the case is capable of repetition yet evading review
Section 2. Power of Legislative Apportion Jurisdiction
Power of the Congress over Judicial system;
Congress alone has power to create new courts, define, prescribe, and apportion
jurisdiction among various courts. However, in the exercise of the powers,
congress may not impair the independence of the judiciary. It may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5.
No law shall be passed reorganizing the Judiciary when it undermines the security
of tenure of its Members
Section 3. Fiscal Autonomy
Fiscal Autonomy, Definition
The basic aim of granting fiscal autonomy to the judiciary is to assure its
independence. The meaning of fiscal autonomy is expressed in the second
sentence of Section 3: "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 for the previous year and, after approval, shall
be automatically and regularly released."
Section 4. Composition; En banc and Division Cases
Paragraph 1, Composition,
The Supreme Court shall be composed of a Chief Justice and fourteen Associate
Justices.
The Congress may not increase of decrease the composition of the Supreme
Court.
Filling-in Vacancy in Supreme Court
Moreover, a new provision adds: "Any vacancy shall be filled within ninety days
from the occurrence.”
Paragraph 2; Cases which must be decided en banc
Cases, Definition
Cases are controversies brought to the court for the first time. Where the required
number of votes is not obtained, there is no decision.
En banc, Definition
“in the bench” is a session in which a case is heard before all the judges of a court
(before the entire bench) rather than by a panel of judges selected from them.
Cases which must be heard en banc
(1) all cases involving the constitutionality of a treaty or executive
agreement, or law;
(2) all cases involving the constitutionality, application or operation of
presidential decrees, proclamations, orders, instructions, ordinances, and
other regulations
(3) cases heard by a division when the required majority in the division is not
obtained
(4) cases where the Supreme Court modifies or reverses a doctrine or
principle of law previously laid down either en banc or in division
(5) administrative cases where the vote is for the dismissal of a judge of a
lower court
(6) election contests for President or Vice President
(7) All other cases which under the Rules of Court may be required to be
heard en banc
Required number of votes to decide a case en banc
When the Supreme Court sits en banc, cases are decided by the concurrence "of
majority of the Members who actually took part in the deliberations on the issues in
the case and voted thereon."
 Required quorum when the Court sits en banc when there are only
fourteen justices in the office: Eight (People v. Ebio)
Paragraph 3; Division
Composition
The Supreme Court may sit en banc or, in its discretion, in divisions of three, five,
or seven members.
 Purpose: To enable the Court to dispose of cases more speedily.
Number of votes required to decide in a division case
“Cases or matters heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case without
the concurrence of at least three of such Members. When the required number is
not obtained, the case shall be decided en banc: Provided, that no doctrine or
principle of law laid down by the court in a decision rendered en banc or in division
may be modified or reversed except by the court sitting en banc.”
Decision of a division, not appealable; Referral to En Banc
A decision of a division is not appealable to the Court en banc. The decisions or
resolutions of a division of the court when concurred in by a majority of its
members who actually took part in the deliberations in the issues in a case and
voted thereon is a decision or resolution of the Supreme Court itself.
The only constraint is that any doctrine may be overturned or reversed only by the
Court sitting en banc.
Section 5. Powers of the Supreme Court
Specific Powers of the court
1) Judicial Powers (Sec. 5 [1] and [2])
2) Auxiliary Administrative Powers Sec. 5 [3]to [6])
Power of Judicial Review: It is the Supreme Court’s power to declare a law,
treaty, international or executive agreement, presidential decree, proclamation,
order, instruction, ordinance, or regulation unconstitutional. This power is explicitly
granted by Sect. 5(2), (a) and (b) of Article 8.
The power of judicial review is the power of the courts to test the validity of
executive and legislative acts for their conformity with the Constitution.—In asking
the Court to declare Section 19 of R.A. No. 8479 as unconstitutional for
contravening Section 19, Article XII of the Constitution, petitioner Garcia invokes
the exercise by this Court of its power of judicial review, which power is expressly
recognized under Section 4(2), Article VIII of the Constitution. The power of judicial
review is the power of the courts to test the validity of executive and legislative
acts for their conformity with the Constitution. Through such power, the judiciary
enforces and upholds the supremacy of the Constitution. (Garcia vs. Executive
Secretary, 583 SCRA 119, April 02, 2009
For a court to exercise this power, certain requirements must first be met,
namely:
1) an actual case or controversy calling for the exercise of judicial power;
2) the person challenging the act must have “standing” to challenge; he
must have a personal and substantial interest in the case such that he
has sustained, or will sustain, direct injury as a result of its
enforcement;
3) the question of constitutionality must be raised at the earliest possible
opportunity; and
4) the issue of constitutionality must be the very lis mota of the case.
General Rule: The question must be raised at the earliest opportunity, so that if
not raised by the pleadings, ordinarily it may not be raised at the trial, and if not
raised in the trial court, it will not be considered on appeal.
Exception: Courts, in the exercise of sound discretion, may determine the time
when a question affecting constitutionality of a statute should be presented.
Concept of Standing: A person has standing to challenge the governmental act
only if he has "a personal and substantial interest in the case such that he has
sustained, or will sustanin direct injury as a result of its enforcement. (People vs.
Vera)
Requisites for Locus Standi or Legal Standing
1) he has personally suffered some actual or threatened injury as a result
of the allegedly illegal conduct of government.
2) the injury is fairly traceable to the challenge action
3) the injury is likely to be redressed by a favourable action
Taxpayer suit- A taxpayer have a standing to sue in cases involving expenditure
of public funds, if it can be shown that;
1) he has a sufficient interest in preventing the illegal expenditure of
money raised by taxation;
2) he will sustain a direct injury as a result of the enforcement of the
questioned statute.
Inferior Courts on the Power of Judicial Review- Since the power of judicial
review flows from judicial power and since inferior courts are possessed of judicial
power, it may fairly be inferred that the power of judicial review is not a power
exclusive to the Supreme Court.
Political Questions: The term "political question" connotes, in legal parlance,
what it means in ordinary parlance, namely, a question of policy. In other words, it
refers to "those 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 Legislature or executive branch of the Government." It
is concerned with issues dependent upon the wisdom, not legality, of a particular
measure.” (Tañada v. Cuenco, G.R. No. L-10520)
Rule Making Power- Under Sec. 5(5) of Article 8, the Court for the first time was
give the power to promulgate rules concerning the protection and enforcement of
constitutional rights. (Hence, the rule on amparo). The Court was also granted the
power to disapprove rules of procedure of special courts and quasi-judicial bodies.
The Constitution took away the power of Congress to repeal, alter, or supplement
rules concerning pleading, practice and procedure. This power of the Court is no
longer shared with Congress, more so with the Executive.
Writ of Amparo: It is a remedy available to any person whose right to life, liberty
and security is violated or threathened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity. The writ shall
cover extra-legal killings and enforced disappearances or threats thereof.
Writ of Habeas Data: It is a remedy available to any person whose right to
privacy, life, liberty and security is violated or threathened with violation by an
unlawful act or omission of a public official or employee, or of a private individual
or entity in the gathering, collecting, or storing of data or information regarding
person, family, home and correspondence of the aggrieved party. The coverage of
both writs is limited to the protection of rights to life, liberty and security. And the
writs shall cover not only actual but also threats of unlawful act or omission.
Writ of Kalikasan: It is a remedy available to a natural or juridical person, entity
authorized by law, people’s organization, non-governmental organization, or any
public interest group accredited by or registered with any government agency, on
behalf of person whose constitutional right to a balanced and healthful ecology is
violated or threathened with violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity involving environmental
damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
Limits on the Power of Supreme Court to promulgate rules concerning
pleadings, practice, and procedure and admission to the practice of law:
1. they shall provide a simplified and inexpensive procedure for the
speedy disposition of cases;
2. they shall be uniform for all courts of the same grade; and
3. they shall not diminish, increase, or modify substantive rights.
Test in determination whether a rule prescribed by the SC, for the practice
and procedure of the lower courts, abridges, enlarges, or modifies any
substantive right- The test is that the judicial process of enforcing rights and
duties recognized by a substantive law and for justly administering remedy and
redress for a disregard or infraction of them.
Substantive Matter- If the rule takes away a vested right, it is not procedural. If
the rule creates a right such as the right to appeal, it may be classified as
substantive matter.
Procedural Matter- If it operates as a means of implementing an existing right
then the rule deals merely with procedure.
Bar Integration: Integration of the Philippine Bar means the official unification of
the entire lawyer population of the Philippines. This requires membership and
financial support (in reasonable amount) of every attorney as condition sine qua
non to the practice of law and the retention of his name in the Roll of Attorneys of
the Supreme Court.
The purposes of an integrated Bar, in general, are:
1. Assist in the administration of justice;
2. Foster and maintain on the part of its members high ideals of integrity,
learning, professional competence, public service and conduct;
3. Safeguard the professional interests of its members;
4. Cultivate among its members a spirit of cordiality and brotherhood;
5. Provide a forum for the discussion of law, jurisprudence, law reform,
pleading, practice and the relations of the Bar to the Bench and to the
public, and publish information relating thereto;
6. Encourage and foster legal education;
7. Promote a continuing program of legal research in substantive and
adjective law, and make reports and recommendations and;
8. Enable the Bar to discharge its public responsibility effectively.
Section 6, Power of Administrative Supervision
Power of administrative supervision of Supreme Court: Article VIII, Section 6 of the
1987 Constitution exclusively vests in the Supreme Court administrative
supervision over all courts and court from the Presiding Justice of the Court of
Appeals down to the lowest municipal trial court By virtue of this power, it is only
the Supreme Court that can oversee the and court compliance with all and take
the proper administrative action against them if they commit any violation No other
branch of government may intrude into this power, without running afoul of the
doctrine of separation of powers.
Section 7, Qualifications of Judicial Members
The qualifications of members of the Supreme Court:
1. he or she must be natural-born citizens of the Philippines,
2. at least forty years of age,
3. must have been for fifteen years or more a judge of a lower court or
engaged in the practice of law; and
4. persons of proven competence, integrity, probity, and independence.
The qualifications of a Member of a lower collegiate court:
1. He or she must be natural-born citizens of the Philippines,
2. a member of the Philippine Bar
3. possessing the other qualifications prescribed by the Congress; and
4. persons of proven competence, integrity, probity, and independence.
The qualifications of judges of non- collegiate lower court:
1. He or she must be natural-born citizens of the Philippines,
2. a member of the Philippine Bar
3. possessing the other qualifications prescribed by the Congress; and
4. persons of proven competence, integrity, probity, and independence.
A quo warranto proceeding- is the proper legal remedy to determine the right or
title to the contested public office and to oust the holder from its enjoyment. It is
brought against the person who is alleged to have usurped, intruded into, or
unlawfully held or exercised the public office, and may be commenced by the
Solicitor General or a public prosecutor, as the case may be, or by any person
claiming to be entitiled to the public office or position ursurped or unlawfully held or
exercised by another. A private person suing mush show a clear right to the
contested office. (Topacio vs. Ong, G.R. No. 179895)
Section 8. Judicial and Bar Council
Paragraph 1; Composition
The Judicial and Bar Council is composed of ex-officio members and regular
members. The ex-officio members are the Chief Justice as ex-officio Chairman,
the Secretary of Justice, and a representative of Congress (may come from either
of the houses). The regular members are a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court, and a representative of
the private sector.
Principal function
The council shall have the principal function to recommend to the President
appointees to the Judiciary. It may exercise such other functions and duties as the
Supreme Court may assign to it.
Paragraph 2; Appointment of regular members
The regular members are appointed by the President for a term of four years with
the consent of the Commission on Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for four years, the professor of
law for three years, the retired Justice for two years, and the representative of the
private sector for one year.
Paragraph 3; Clerk of the Supreme Court
The Clerk of the Supreme Court shall be the Secretary ex officio of the Council
and shall keep a record of its proceedings.
Paragraph 4; Emoluments of the Members of the Council
The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.
Paragraph 5;
The Council shall have the principal function of recommending appointees to the
Judiciary. It may exercise such other functions and duties as the Supreme Court
may assign to it.
Section 9. Appointment of Justices and Judges
The Members of the Supreme Court and judges of the lower courts shall be
appointed by the President from a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such appointments need no
confirmation.
For the lower courts, the President shall issue the appointments within ninety days
from the submission of the list.
Section 10. Diminution of Salary
Salary of the Chief Justice and Associate Justices of the Supreme Court are fixed
by law the law and cannot be decreased during their continuance in office.
Section 11. Security of Tenure; Power to Discipline
The Members of the Supreme Court and judges of lower courts shall hold office
during good behavior until they reached the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court en banc
shall have the power to discipline judges of lower courts, or order their dismissal
by a vote of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon.
 Decision en banc is needed only when penalty is dismissal,
disbarment, suspension of either for more than 1 year, or fine
exceeding Php 10,000. (People v Gacott, Jr.1995)
 Abolition of office done in good faith is valid and does not violate
security of tenure. (Zandueta v de la Costa. 1938) (Ocampo v SoJ.
1955)
 SC Justices are removable only by impeachment (ART XI Sec. 2)
 Justices and judges of courts inferior are only removable by SC sitting
en banc by majority vote.
 A judge , while still in the Bench, may not present himself as a
congressional candidate – misconduct (Vistan v Nicolas. 1991)
Section 12. Non-Judicial Assignments
The Members of the Supreme Court and of other courts established by law shall
not be designated to any agency performing quasi-judicial or administrative
functions.
Section 13. Conclusions of the Supreme Court – how they are reached
The conclusions of the Supreme Court in any case submitted to it for decision en
banc or in division shall be reached in consultation before the case is assigned to
a Member for the writing of the opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy thereof attached to the
record of the case and served upon the parties. Any Member who took no part, or
dissented, or abstained from a decision or resolution must state the reason
therefor. The same requirements shall be observed by all lower collegiate courts.
 This does not apply to administrative cases. (Prudential Bank v Castro.
158 SCRA 646)
 Note: Certification by the CJ will not identify the Justice who wrote the
opinion.
 The purpose of certification is the implementation of the constitutional
requirement that decisions of the courts are reached after consultation
with the members before it is assigned to one for decision-writing.
(Consing v CA. 1989)
 Absence of certification does not invalidate the decision. It merely
counts as a basis for holding the official responsible for the omission to
account therefor. (Consing v CA. 1989)
Section 14. Contents of Decision; Petition for Review; Motion for
Reconsideration
No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall
be refused due course or denied without stating the legal basis therefor.
 The constitutional requirement that a decision must express clearly
and distinctly the facts and law on which it is based only refers to
decisions. (Tayamura v IAC. 1987) Adopting the report of a Hearing
examiner in a labor case is valid. (APdM v APdM Employees. 1984)
 Resolutions disposing of petitions fall under the second paragraph.
 A military commission is not a court of record within the means of this
Article. (Buscayno v Enrile. 1982)
Section 15. Period for Making Decisions
Paragraph 1: Decision Periods
All cases or matters filed after the effectivity of this Constitution must be decided
or resolved within twenty-four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve months for all lower
collegiate courts, and three months for all other lower courts.
 Being a trial court, Sandiganbayan follows the rule of 3 month period
for deciding cases.
Paragraph 2: When is a case considered submitted

A case or matter shall be deemed submitted for decision or resolution upon the
filing of the last pending, brief, or memorandum required by the Rules of Court or
by the court itself.

Paragraph 3: Expiration of the Corresponding Period

Upon the expiration of the corresponding period, a certification to this effect signed
by the Chief Justice or the presiding judge shall forthwith be issued and a copy
thereof attached to the record of the case or matter, and served upon the parties.
The certification shall state why a decision or resolution has not been rendered or
issued within said period.

 The cases can still be decided even after the lapse of the period.
However, it can be a ground for impeachment or other form of
disciplinary action if it is found to constitute culpable violation of the
Constitution.

Paragraph 4: Unresolved cases by end of period

Despite the expiration of the applicable mandatory period, the court, without
prejudice to such responsibility as may have been incurred in consequence
thereof, shall decide or resolve the case or matter submitted thereto for
determination, without further delay.

 For cases filed before the effectivity of the 1987 Constitution, there is
no automatic affirmance. (ART. XVIII Sec. 13 &14)

Section 16. Report to the President and to Congress

The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual
report on the operations and activities of the Judiciary.