I.

POLITICAL LAW
1. Structure Of The Government

Section 1, Article 2 Consti: The Phiilppines is a democratic and republican state, sovereignty resides in the people and all
government authority emanates from the.

2. Power And Function Of The Government

A. LEGISLATIVE

Article VI, Section 1, 1987 Constitution

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House
of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

· Legislative power is not exclusively vested with the Congress. Yes, under the 1934 Constitution, but no, under the 1987
Constitution.
· The reservation in the 1987 Constitution for the people to directly enact or propose laws by the provision on
initiative/referendum, is not a self-executing because of Section 32, Article 6: “the Congress shall as early as possible provide
for a system of initiative and referendum and the receptions therefrom whereby the people can directly propose and enact laws
or approve or reject laws
· The Congress has enacted RA 7635 “The law on initiative and referendum”, which provides for three (3) kinds of
initiatives:
o On the Constitution
o On the Statutes
o On the Local Legislation
·

3. Legislative Enactment Process Summary

a. Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary where it is given a corresponding number and calendared for First Reading.
b. First Reading
Its title, bill number, and author’s name are read on the floor, after which it is referred to the proper committee.
c. Committee Hearings/Report
Committee conducts hearings and consultation meetings. It then either approves the proposed bill without an amendment,
approves it with changes, or recommends substitution or consolidation with similar bills filed.
d. Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to the Committee on Rules for calendaring for Second
Reading.
e. Second Reading
Bill author delivers sponsorship speech on the floor. Senators engage in debate, interpellation, turno en contra, and rebuttal
to highlight the pros and cons of the bill. A period of amendments incorporates necessary changes in the bill proposed by
the committee or introduced by the Senators themselves on the floor.
f. Voting on Second Reading
Senators vote on the second reading version of the bill. If approved, the bill is calendared for third reading.
g. Voting on Third Reading
Printed copies of the bill’s final version are distributed to the Senators. This time, only the title of the bill is read on the floor.
Nominal voting is held. If passed, the approved Senate bill is referred to the House of Representatives for concurrence.
h. At the House of Representatives
The Lower Chamber follows the same procedures (First Reading, Second Reading and Third Reading).
i. Back to the Senate
If the House-approved version is compatible with that of the Senate’s, the final version’s enrolled form is printed. If there are
certain differences, a Bicameral Conference Committee is called to reconcile conflicting provisions of both versions of the
Senate and of the House of Representatives. Conference committee submits report on the reconciled version of the bill, duly
approved by both chambers. The Senate prints the reconciled version in its enrolled form.
j. Submission to Malacañang
Final enrolled form is submitted to Malacañang. The President either signs it into law, or vetoes and sends it back to the
Senate with veto message.

4. Concept of Bicameral Conference Committee - BCC is a mechanism for compromising differences between the Senate
and HOR

a. In Tolentino v. Sec. of Finance by the nature of the function of BOC, it may produce unexpected result
b. Phil. Judges Association v. Secretary Prado

5. Non-Legislative Functions of the Congress

a. Section 1, Article 17 – when the congress meets in order to directly propose amendments/revisions to the Constitution,
it is actin in Constituent Assembly Capacity
b. Impeachment Proceeding – the HOR acts as the prosecuting arm, while the SENATE, as the impeachment tribunal
c. Congress as Board of Canvassers
d. Section 23, 1st parg, Art. 6 – the sole popwer to declare the existence of war;
e. Section 21, Art. 6- power of the Congress to conduct inquiries in aid of legislation – investigatorial power
f. Section 19, 2nd parg, Art 7 – Amnesty proclamations of the President will require concurrence by majority of all the
members of the Congress. Congress meets to concur amnesty proclamation
g. Section 18, Article 6 - Acts on presidential appointments
h. Section 17, Article 6 - Acts as election tribunals on all contest relating to the election returns
i. Section 21, Article 7 – senate acts on treaties or international agreements entered into by the President

6. Congressional Oversight Power of the Congress

a. Legislative Scrutiny

When does the congress exercise its oversight function of Scrutiny?

i. During Budget Hearings – The power of appropriation belongs to the Congress but the one who prepares the budget is
the President under his Budgetary Power (Section 22, Article 7). The budget is prepared by the President through the DBM
which is submitted to the Congress that becomes the basis of the enactment of the Congress of the General Appropriations
Act. Once submitted, the Congress will conduct budget hearings. Heads of different departments and agencies may be
called to justify their budget

ii. During Confirmation Process in the Commission on Appointments – There are certain appointment of the President which
require confirmation by the Congress, thus, they have to appear during the confirmation process. Consist of 12 Senators and
12 Congressmen and the Senate President as ex-officio chair.

Effect if the COA disapproves the appointment?

In Matibag v. Benipayo, the High Court states that the disapproval is actually a judgment on the merits of an appointees
quailification. It involves the exercise of checking function. Hence, he may no longer be validly re-appointed in such position.

7. Legislative Investigation
a. Inquiry in aid of Legislation

Section 21 - he 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.

Is this power absolute? No, in Bengzon v. Senate Blue Ribbon, the High Court provides that it is limited by the following:
a. In aid of legislation
b. in accordance with its duly published rules of procedure
c. The rights of persons appearing in or affected by such inquiries shall be respected.

Is this subject to judicial review? Yes, because of the limitation.

What if you don’t attend? When the House conducts inquiry in aid of legislation, then you are summoned and you don’t
appear, you may be cited in contempt or you may be sent to prison. How long? As long as you do not cooperate.

Secretary v. Ermita,– you may not refuse to appear because you are impairing the work of Congress. It will also violate the
right of the people to information on matters of public concern

NOTE! PLEASE READ SECRETARY V. ERMITA - G.R. No. 169777, April 20, 2006

Who may refuse to appear?

The President or his executive secretary upon the authority of the President. Provided that he must invoke executive
privilege re: state’s secrets, informer’s privilege, generic privilege, internal deliberation

b. Question Hour

SECTION 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the request
of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining
to their departments

Secretary v Ermita - Heads of the Department may validly refuse to attend Question Hour without the approval of the
president under EO 464.

c. Legislative Supervision

Justice Puno said that supervision connotes a continuing awareness on the part of Congressional Committee regarding
the executive operations in a given administrative area.

Congress enacts a law and it is Congress that create administrative agencies that will implement the law it has enacted. It
has the power to determine whether the law it has enacted is properly administered and implemented. That is supervision.
Since administrative agencies are created by the Congress, it follows that the agencies may exercise such power as only
delegated to them

2. EXECUTIVE

Section 1. The executive power shall be vested in the President of the Philippines.

Faithful Execution Clause - Section 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.

Qualification of a President - Section 2. No person may be elected President unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of
the Philippines for at least ten years immediately preceding such election.

a. Powers of the Chief Executive

Appointing Power
Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of
the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank
of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom
he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in
the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

Control Power

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the
laws be faithfully executed.

Powers of the President as Commander in Chief – Section 18

i. Calling Out Power
ii. Power to declare Martial Law
iii. Power to suspend the privilege of writ of HC

Pardoning Power – Section 19

iv. Power to grant reprieves
v. Commutation
vi. Pardons
vii. Remit fines and forfeiture
viii. Amnesty with the concurrence of all members of the Congress

Borrowing Power

Section 20. 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.

Treaty Making Power

Section 21. 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.

Budgetary Power

Section 22. 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.

Informing Power - SONA

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.

3. JUDICIARY
1. Judicial Power
a. Traditional Concept – includes the duty of the courts to settle actual case or controversy involving rights which are legally
demandable and enforceable
b. Expanded Concept – duty to determine whether there has been a grave abuse of discretion amounting to lack or in excess
of jurisdiction on the part of any branch or instrumentality of the government.
c. Political Question–they are those questions to be decided by the people in their sovereign capacity or those in regard to
which full discretionary powers has been delegated by the constitution to the legislative and executive branch.
d. Political Question Doctrine – Under the "political question" doctrine arising from the principle of separation of powers,
the Judicial Branch cannot decide questions "in regard to which full discretionary authority has been delegated to the
legislative or executive branch of the government"

2. Judicial Review
a. Requisites in the proper exercise of Judicial Review
i. the existence of an actual and appropriate controversy;
ii. a personal and substantial interest of the party raising the constitutional issue;
iii. the exercise of the judicial review is pleaded at the earliest opportunity; and
iv. the constitutional issue is the lis mota of the case
b. For example on the application of the requisites, please read: Matibag v. Benipayo, G.R. No. 149036. April 2, 2002

3. Functions of the Court

a. Checking– when a court declared an act of the president or congress unconstitutional what is involved is the court’s
exercise of checking functions following the principles of checks and balance
b. Legitimizing – when a court sustains or upholds an act of the president or congress constitutional
b. Symbolic – it has the symbolic function of educating the bench and the bar on the extent of protection

II. LABOR LAW

Labor Standards Law - is that which sets out the minimum terms, conditions and benefits of employment that employers
must provide or comply with and to which employees are entitled as a matter of legal right

Labor Relations Law - defines the status, rights and duties, and the institutional mechanisms, that govern the individual and
collective interactions of employers, employees or their representatives

Employer-Employee Relationship

1. Test to Determine Existence of Employer Employee Relationship

There are three test commonly used to determine the existence of employer-employee relationship, viz.:
Four-fold test - The usual test used to determine the existence of employer-employer relationship is the so-called four-fold
test. In applying this test, the following elements are generally considered:
1 Right to hire or to the selection and engagement of the employee.
2 Payment of wages and salaries for services.
3 Power of dismissal or the power to impose disciplinary actions.
4 Power to control the employee with respect to the means and methods by which the work is to be accomplished. This is
known as the right-of-control test.
Of the above-mentioned elements, the right of control test is considered as the most important element in determining the
existence of employment relation. The control test initially found application in the case of Viaña vs. Al-Lagadan and Piga,
where the court held that there is an employer-employee relationship when the person for whom the services are performed
reserves the right to control not only the end achieved but also the manner and means used to achieve that end.

Control test thus refers to the employer’s power to control the employee’s conduct not only as to the result of the work to
be done but also with respect to the means and methods by which the work is to be accomplished.
Economic reality test - In view of today’s highly specialized workforce, the court are often faced with situations where the
right-of-control-test alone can no longer adequately determine the existence of employer-employer relationship.
Subsequently, another test has been devised to fill the gap, known as the economic reality test.
In Sevilla v. Court of Appeals, the Court observed the need to consider the existing economic conditions prevailing between
the parties, in addition to the standard of right-of-control, to give a clearer picture in determining the existence of an
employer-employee relationship based on an analysis of the totality of economic circumstances of the worker.
Economic realities of the employment relations help provide a comprehensive analysis of the true classification of the
individual, whether as employee, independent contractor, corporate officer or some other capacity.
Under economic reality test, the benchmark in analyzing whether employment relation exists between the parties is the
economic dependence of the worker on his employer. That is, whether the worker is dependent on the alleged employer for
his continued employment in the latter’s line of business.
Applying this test, if the putative employee is economically dependent on putative employer for his continued employment
in the latter’s line of business, there is employer-employee relationship between them. Otherwise, there is none.
Two-tiered test (or Multi-factor test)- The economic reality test is not meant to replace the right of control test. Rather,
these two test are often use in conjunction with each other to determine the existence of employment relation between the
parties. This is known as the two-tiered test, or multi-factor test. This two-tiered test involves the following tests:
The putative employer’s power to control the employee with respect to the means and methods by which the work is to
be accomplished; and
The underlying economic realities of the activity or relationship.[1]

2. Minimum Wage Rate – Please research on Wage Order NCR No. 19

3. Service Incentive Leave Pay

Art. 95. Right to service incentive leave (Labor Code of the Philippines)

Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five (5)
days with pay

This provision shall not apply:

a. to those who are already enjoying the benefit herein provided
b. those enjoying vacation leave with pay of at least five days, and
c. those employed in establishments regularly employing less than ten employees or in establishments exempted from
granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such
establishment.

Service Incentive Leave (SIL) is commutable to its money equivalent if not used or exhausted at the end of the year.

At least 1 year service

–service for not less than 12 months, whether continuous or broken reckoned from the date the employee started working.

Employees Not Covered by SIL

1. government employees;
2. managerial employees;
3. field personnel and other employees whose time and performance is unsupervised by the employer;
4. domestic helpers, and persons in the personal service of another;
5. those who are already enjoying the benefit herein provided;
6. those enjoying vacation leave with pay of at least five(5) days;
7. those employed in establishments regularly employing less than ten (10) employees; and,
8. those exempted by the Secretary of Labor.

4. Thirteenth Month Pay - all employers are hereby required to pay all their rank-and-file employees a 13th month pay not
later than December 24 of every year.

The following employers are still not covered by Thirteenth Month Pay Law:
a. The Government and any of its political subdivisions, including government-owned and controlled corporations, excepts
those corporations operating essentially as private subsidiaries of the Government;
b. Employers already paying their employees a 13th month pay or more in a calendar year or its equivalent at the time of
this issuance;
c. Employers of household helpers and persons in the personal service of another in relation to such workers; and
d. Employers of those who are paid on purely commission, boundary, or task basis, and those who are paid a fixed amount
for performing specific work, irrespective of the time consumed in the performance thereof, except where the workers are
paid on piece-rate basis in which case the employer shall grant the required 13th month pay to such workers.
The term "its equivalent" as used on paragraph (b) hereof shall include Christmas bonus, mid-year bonus, cash bonuses and
other payments amounting to not less than 1/12 of the basic salary but shall not include cash and stock dividends, cost of
living allowances and all other allowances regularly enjoyed by the employee, as well as non-monetary benefits. Where an
employer pays less than required 1/12th of the employees basic salary, the employer shall pay the difference.
Minimum of the Amount. — The minimum 13th month pay required by law shall not be less than one-twelfth of the total
basic salary earned by an employee within a calendar year. For the year 1987, the computation of the 13th month pay shall
include the cost of living allowances (COLA) integrated into the basic salary of a covered employee pursuant to Executive
Order 178.
Time of Payment. — The required 13th month pay shall be paid not later than December 24 of each year. An employer,
however, may give to his employees one half (½) of the required 13th month pay before the opening of the regular school
year and the other half on before the 24th of December of every year. The frequency of payment of this monetary benefit
may be the subject of agreement between the employer and the recognized/collective bargaining agent of the employees.

c. JOB CONTRACTING V. LABOR-ONLY CONTRACTING

Types of Contracting-out of Labor

a. Labor-only contracting – prohibited under DOLE DO 18-A
b. Job Contracting - permissible

Labor-only contracting
–where the person supplying workers to an employer:

a. does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among
others, and
b. the workers recruited and placed by such person are performing activities which are directly related to the principal
business of such employer.

In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible
to the workers in the same manner and extent as if the latter were directly employed by him.

c. the contractor does not exercise the right to control the performance of the work of the contractual employee.

Job Contractor – someone who:

a. carries on an independent business and undertakes the contracted work on his own manner and method, free from the
control and direction of his employer or principal in all the matters connected with the performance of the work, except as
to the results thereof; and

b. has substantial capital or investment in the form of tools, equipment, machineries, work premises, and other materials
necessary to conduct the business.
BOOK V – LABOR CODE OF THE PHILIPPINES
Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee
except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled
to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and
to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to
the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)
Art. 280. Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and
regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been
engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except
where the employment has been fixed for a specific project or undertaking the completion or termination of which has been
determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in
nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee
who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular
employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months from the date the
employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of
an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify
as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time
of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:
a Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in
connection with his work;
b Gross and habitual neglect by the employee of his duties;
c Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
d Commission of a crime or offense by the employee against the person of his employer or any immediate member of his
family or his duly authorized representatives; and
e Other causes analogous to the foregoing.
Art. 283. Closure of establishment and reduction of personnel. The employer may also terminate the employment of any
employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or
cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the
provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1)
month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy,
the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least
one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of
closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses,
the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service,
whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
Art. 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found
to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well
as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or
to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being
considered as one (1) whole year.
Art. 285. Termination by employee.
a An employee may terminate without just cause the employee-employer relationship by serving a written notice on the
employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the
employee liable for damages.

b An employee may put an end to the relationship without serving any notice on the employer for any of the following just
causes: 

1 Serious insult by the employer or his representative on the honor and person of the employee;
2 Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3 Commission of a crime or offense by the employer or his representative against the person of the employee or
any of the immediate members of his family; and
4 Other causes analogous to any of the foregoing.
Art. 286. When employment not deemed terminated. The bona-fide suspension of the operation of a business or
undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not
terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of
seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations
of his employer or from his relief from the military or civic duty.