Two Cases When Ratio Legis is dispensed
THE CONSTITUTION 1. The Constitution is a living document, hence, it should be
POLITICAL LAW. It is the branch of public law that deals with the
organization and operation of governmental organs of the State, and defines
the relations of the State with the inhabitants of the territory.
Divisions of Political Law
1. Constitutional Law
2. Administrative Law
3. Law on Public Officers
4. Election Laws
5. Laws on Public Corporations
CONSTITUTIONAL LAW. Treats the nature of constitutions, their
establishment, construction and interpretation, and of the validity of legal
enactments as tested by the criterion of conformity to the fundamental law.
Political Law is broader than Constitutional Law since it also deals with
statute law.
CONSTITUTION. A Social Contract that binds, by its terms and conditions,
the people and their State. It is a body of rules and maxims in accordance with
which the powers if sovereignty are habitually exercised.
SOCIAL COMPACT/ SOCIAL CONTRACT THEORY. The people have
surrendered their sovereign powers to the State for the common good.
A goo written constitution must be broad, brief and definite, beyond the reach
of temporary excitement or popular passion, provides for safe growth and
expansion, and is resilient or intended to endure for ages.
Classification of Constitutions
1. [Codified] Written, conventional or enacted when embodied in
a document and adopted at a particular time; [Uncodified]
Unwritten, cumulative or evolved if it is not adopted at a
particular time but results from gradual development of customs
usage, judicial decisions, laws, documents and statements of a
fundamental character.
2. Rigid when it prescribed a formal, often-difficult method of
amendment; Flexible if amendment is done by the ordinary
process of legislation.
Parts of the Constitution
1. CONSTITUTION OF LIBERTY. Provides for fundamental
civil and political rights of the citizens, and imposing limitations
to the power of government
(Article III)
2. CONSTITUTION OF GOVERNMENT. Outlines the
organization of government, enumerating powers
(Article VI, VII, VIII, IX, X)
3. CONSTITUTION OF SOVEREIGNTY. Provides the mode of
procedure by which charges in the fundamental law maybe
brought about
(Article XVII)
INTERPRETATION OF THE CONSTITUTION
(Francisco v HOR, GR 160261)
1. VERBA LEGIS. Plain meaning rule. Whenever possible, the
words used in the Constitution must be given their ordinary
meaning except when technical terms are employed
2. RATIO LEGIS EST ANIMA. . The words of the Constitution
should be interpreted in accordance with the intent of the
framers.
3. UT MAGIS VALEAT QUAM PEREAT. The Constitution
should be construed as a whole.
When there is no ambiguity, application. When there is apparent ambiguity,
verbal egis and/or ut magis. When there is ambiguity, ratio legis.
construes to meet new conditions and circumstances as they arise.
2. The people did not participate in the technical discussions in the
crafting of the Constitution; they understand the Constitution in its
plain-meaning during ratification, hence, plain meaning prevails
Provisions of the Constitution should be interpreted as self-executing,
mandatory rather than directory, prospective rather than retroactive.
ARTICLE XVII, 1987 CONSTITUTION
SECTION 1. Any amendment to, or revision of, this Constitution may
be proposed by:
1. The Congress, upon a vote of three-fourts of all its
Members; or
2. A Constitutional Convention.
SECTION 2. Amendments to this Constitution may likewise be
directly proposed by the people through initiative upon a petition of
at least twelve per centum of the total number of registered voters, of
which every legitimate district must be represented by at least three
per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification
of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of
this right.
SECTION 3. The Congress may, by a vote of two-thirds of all its
Members, call a Constitutional Convention, or by a majority vote of
all its Members, submit to the electorate the question of calling such a
convention.
SECTION 4. Any amendment to, or revision of this Constitution
under Section1 hereof shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the approval of such amendment or
revision.
Any amendment under Section 2 hereof shall be valid when ratified
by a majority of the votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days after the
certification by the Commission on Elections of the sufficiency of the
petition.
AMENDMENT is a piecemeal or isolated change in the Constitution.
REVISION is a total change that requires rewriting of the Constitution.
Section 1 – A/R of Constitution
1. Congress, 3/4 (Con Ass)
2. Constitutional Convention
Section 2 – People’s Initiative; A of Constitution by the People
 12% of all registered voters, 3% RV in each district
Section 3 – Congress can call Con Con with 2/3 votes; or ask the electorate
WON to call for a Con Con with majority vote
Section 4 – Ratification by majority; between 60 to 90 days after approval by
ConCon/ConAss or certification of sufficiency by Comelec

THE STATE
STATE. Politically organized sovereign community independent of outside
control, bound by ties of nationhood, legally supreme within its territory and
acting through a government functioning under a regime of law.
State is legal and juristic, while nation is ethnic and racial.
MONTEVIDEO CONVENTION Criteria of a State
1. Permanent Population
2. Defined Territory
3. A Government
4. Capacity to enter into relations with other countries
TERRITORY. The territory of a State includes not only the land over which
its jurisdiction extends, but also by the rivers, lakes, bays and airspace above
it.
PEOPLE. Inhabitants of a territory, which may mean
a. All persons who dwell or sojourn in the Philippines
b. Electors or citizens authorized to exercise their right of suffrage
c. Those who possess the citizenship requirement
GOVERNMENT. Agency or instrumentality through which the will of the
State is formulated, expressed and realized.
SOVEREIGNTY. The Supreme Power of the State to command and enforce
obedience, the power to which all interests are practically subjected and all
will subordinate.
TERRITORY.
ARTICLE I. NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories over
which the Philippines has sovereignty and jurisdiction, consisting of
its terrestrial, fluvial and aerial domain, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between and connecting the islands of the
archipelago, regardless of breadth and dimension, form part of the
internal waters of the Philippines.
RA 3046 (1961). Defined the baselines of the Territorial Sea
PD 1599 (1978). Recognized the EEZ; allows other states navigation and
overflight, laying cables and pipelines but prohibits exploration and
exploitation of resources by other states
Baseline
Territorial Sea 0-12nm
Contiguous Zone 12-24nm
Exclusive Economic Zone 0-200 nm
ARCHIPELAGIC DOCTRINE. An archipelagic state is composed of
islands forming a State is considered a single unit and that the islands and the
waters within the baselines are internal waters
ARCHIPELAGO. Group of islands including parts of islands,
interconnecting waters and other natural features which are closely
interrelated in such islands forming an intrinsic geographical, economic and
political entity or which historically have been regarded as such
Archipelagic state has sovereign rights over waters, but the Right of Innocent
Passage especially on formerly high seas is respected. Archipelagic state may
designate sealanes and air routes suitable for safe, continuous and expeditious
passage of foreign ships and aircraft through or over the archipelagic waters
and the adjacent territorial sea.
GOVERNMENT
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES. It is the
corporate governmental authority through which the functions of government
are exercised throughout the Philippines.
Traditional Classification of Government Functions
CONSTITUENT v MINISTRANT FUNCTIONS
1. CONSTITUENT functions are those relating to maintenance if
peace and prevention of crime, regulating property and property
rights, administration of justice, determination of political duties
of citizens and those relating to national defense and foreign
relations.
2. MINISTRANT functions are to promote welfare progress and
prosperity of people; its exercise is optional to the government.
Traditional classification is obsolete.
PARENS PATRIAE. Parent of a Country. The State acts as the guardian of
the rights of persons under certain disabilities.
Legitimacy of a Government
1. Effective control of the admin machinery of the State
2. Popular acceptance or acquiescence
3. Comply with international obligations
4. Recognized by great number of States
Kinds of De Facto Government
1. By persons who have overthrown through force the authority of
the State
2. Formed by the people of a territory who have separated
themselves from a parent State
3. Established and maintained by military forces who invade and
occupy in the course of war, denominated as a government of
paramount force
SOVEREIGNTY
Characteristics of Sovereignty
1. Permanence. Sovereignty continues to exist without interruption
as long as the state itself exists.
2. Exclusiveness. There can be but one supreme power in the State
legally entitled to the obedience of the inhabitants.
3. Comprehensiveness. Sovereign power extends over all persons,
associations and things within territorial limits.
4. Inalienability. The State cannot code away any of its essential
elements without self-destruction.
5. Imprescriptibility. The power of the State cannot be lost as a
consequence of its non-assertion or non-exercise through a period
of time.
6. Unity. The power of the State cannot be divided without
producing another State.
7. Dominium & Imperium. Dominium refers to the independent
proprietary right of possession, use, exploration, disposition or
sale and control by the State over its territorial lands. Imperium
includes the State’s right to enact its own laws and employ the
same to secure obedience thereto, maintain peace and order,
defend the State against foreign invasion and any other act of
government over its own territory.
INTERNAL SOVEREIGNTY. Supremacy of a person or body of persons
in a state over the individuals or association of individuals within its area of
jurisdiction.
EXTERNAL SOVEREIGNTY. Absolute independence of one state as a
whole with reference to other states.
 5. Those naturalized by law
THE CITIZENSHIP 5. Citizens under the 1973 Constitution
a. Citizen as of January 17, 1973
b. Those whose father and mother are citizens of the
ARTICLE IV CITIZENSHIP Philippines
SECTION 1. The following are citizens of the Philippines: c. Those who elected Philippine citizenship under the 1973
1. Those who are citizens of the Philippines at the time of the Constitution
adoption of this [1987] Constitution; d. Those naturalized by law
2. Those whose Fathers or mothers are citizens of the
Philippines;
NATURAL BORN CITIZEN. Those who are citizens of the Philippines
3. Those born before January 17, 1973 of Filipino mothers,
from birth without having to perform any act to acquire or perfect the
who elect Philippine citizenship upon reaching the age of
majority; and Philippine citizenship.
4. Those who are naturalized in accordance with law. 1. Those whose fathers or mothers are citizens of the Philippines
2. Those who elect Philippine citizenship upon reaching majority age
a. Born before January 17, 1973 of Filipino mother,
SECTION 2. Natural-born citizens are those who are citizens of the b. inchoate Philippine citizenship in his minority
Philippines from birth without having to perform any act to acquire c. may be perfected upon age of majority, right to be exercised
or perfect their Philippine citizenship. Those who elect Philippine within three years
citizenship in accordance with paragraph (3), Section 1 hereof shall be 3. Those former natural born citizens who reacquire Philippine
deemed natural-born citizens. citizenship through repatriation

SECTION 3. Philippine citizenship may be lost or reacquired in the NATURALIZATION. Legal process by which an alien acquires the
manner provided by law. citizenship of another State. It is the act of adopting a foreigner and clothing
him with the privileges of a native citizen.
SECTION 4. Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission they are deemed,
under the law to have renounced it. JUDICIAL NATURALIZATION (CA 473)
Requirements for Naturalization by Judicial Proceeding
SECTION 5. Dual allegiance of citizens is inimical to the national 1. Age. At least 21 y/o at the date of hearing
interest and shall be dealt with by law. 2. Residence. Resident for at least 10 years, may be reduced to 5
years if:
NB: 1987 Constitution took effect on 02 FEBRUARY 1987. a. Born in the Philippines
b. Married a Filipino woman; (woman married to Filipino man
has to cancel Alien Certificate of Registration)
CITIZENSHIP. Membership in a political community which is more or less c. Held government office
permanent in nature; status of being a citizen [cives – member of the body d. Made a useful invention or established an industry
politic of a state who owes allegiance to and may claim reciprocal protection e. Served as a teacher in a private or public school for a period
from its government] of not less than two (2) years
3. Character. Possesses good moral character, believes in the
NATIONALITY. It is membership in a political community whether constitution and has conducted himself in an irreproachable
monarchial, autocratic or democratic. It does not necessarily carry with it the manner during his stay in the Philippines
exercise of political rights. 4. Property. Has real estate worth P5,000.00 or more, or has
lucrative trade, profession or occupation
Modes of Acquiring Citizenship 5. Education. Able to speak and write English or Filipino and a
1. By birth; either jus sanguinis (blood relationship) or jus soli (place principal dialect. Enrolled his children in a recognized school in
of borth) the Philippines that teaches Philippine history, civics and
2. By marriage government
3. By naturalization 6. Disqualifications.
i. Being opposed to organized movement
Citizens of the Philippines ii. Believing in violence as a means to espouse an idea
1. Citizens of the Philippines at the time of the adoption of the 1987 iii. Being polygamist, or believing in such
Constitution; iv. Being convicted of a crime involving moral turpitude
2. Those whose Fathers or mothers are citizens of the Philippines; v. Suffering from an incurable contagious disease or from
3. Those born before January 17, 1973 of Filipino mothers, who elect mental anguish
Philippine citizenship upon reaching the age of majority; and vi. Not minglish socially with Filipinos, nor embracing Filipino
4. Those who are naturalized in accordance with law. culture, ideas and customs
vii. Being a citizen of the Philippines with which the Philippines
Citizens at the Time of Adoption of the 1987 Constitution is at war, during the time of such war
1. Citizens under Philippine Bill 1902 viii. No reciprocity, his own country does not grant naturalization
a. inhabitants as of April 11, 1899 (Treaty of Paris) who were to Filipinos
Spanish Subjects who continued to reside in the Philippines
as well as their children Procedure for Judicial Naturalization
b. did not elect to preserve their allegiance to the Crown of 1. Declaration of Intention. Filed at OSG to allow character
Spain investigation, exemptions
2. Citizens by judicial decisions applying the jus soli principle (Roa v a. Born in PH and received primary and secondary education in
Collector of Customs until Tio Tiam v Republic) Philippine school
3. Naturalized in accordance with 1935 Constitution b. Resided in PH for 30 years
4. Citizens under the 1935 Constitution c. Widow or children of applicant who dies before his
1. Citizens at the time of adoption application could be granted
2. Those whose fathers are citizens of the Philippines 2. File petition for naturalization with the RTC of the province
3. Born in the Philippines of Foreign parents who before the where applicant resided for at least one year
adoption of 1935 Constitution were elected to public office 3. Publication of Petition. Once a week for three consecutive weeks
(Caram Rule) in the Official Gazette, and in one newspaper of general
4. Those whose mothers are Filipino citizens and upon reaching circulation in the Province
majority age elected Philippine citizenship
 4. Hearing of Petition. State is represented by OSG; two witnesses
to testify good moral character
5. Promulgation of Decision. Final but not executory 30 days after
notice of decision is received by parties.
6. Summary hearing after two years. Done to prove that
a. He did not leave the PH during the two-year period of
probation
b. He devoted himself to a lawful calling
c. He was not convicted of an offense or violation of
government rules
d. He did not commit an act prejudicial to national interest or
inimical to a government-announced policy
7. Oath-taking before the RTC. After oath, he will be issued a
Certificate of Philippine Citizenship
Effect of Naturalization to Wife. An alien woman married to a naturalized
husband who does not suffer any of the disqualifications may be declared a
citizen.
Effect of Naturalization to Children
1. If the child is of age, there is no effect
2. If the child is minor, and
a. Born in the Philippines, he automatically becomes a citizen
upon naturalization of Father
b. Born abroad before naturalization of the father and residing
in the Philippines at the time of naturalization, he
automatically becomes a citizen
c. Born abroad before naturalization but not residing in the
Philippines at the time of naturalization, Filipino only during
his minority unless he takes permanent residency in the
Philippines before reaching majority age
d. Born abroad after naturalization of father, considered a
citizen provided he take his Oath of Allegiance to the
Philippines upon age of majority (failure to register intent to
become Filipino citizen one year after reaching 21 years, he
ceases ti be a Filipino citizen)
DENATURALIZATION. Filed by OSG on the RTC that granted
naturalization of the following grounds:
1. Naturalization obtained through illegal means
2. Within five years from naturalization, goes to another country with
intent to take permanent residence
3. Naturalization obtained through invalid declaration of intention
4. Applicant’s children failed to graduate from Philippine schools
because he transferred them to another school or failed or refused
to send them to such schools
5. Applicant is guilty of violating naturalization laws and the anti-
dummy law in availing privileges available only to Filipinos
ADMINISTRATIVE NATURALIZATION (RA 9139)
NATURALIZATION BY ADMINISTRATIVE PROCEEDINGS.
RA 9138 or Administrative Naturalization Law of 2001
a. Born in the Philippines and resided here since birth
b. At least 18 y/o
c. Of good moral character
d. Must believe the principles underlying the Philippine Constitution
e. Must have received primary or secondary education in a DECS-
recognized school
f. Other requirements in judicial naturalization
LOSS AND REACQUISITION OF CITIZENSHIP.
Grounds for Loss of Citizenship
1. Naturalization in a foreign country
2. Express renunciation of citizenship
3. Taking oath of allegiance to another country upon reaching age of
majority
4. Accepting commission or service in the armed forces of another
country, unless there is an offensive or defensive pact in the
country, or if it maintains armed forces in the Philippines with
Philipppines’ consent
5. Denaturalization
6. Being found by final judgment to be a deserter from the AFP
EXPATRIATION. Voluntary renunciation or abandonment of nationality
and allegiance. It is a constitutional right. No one can be compelled to remain
a Filipino if he does not want to, except when the Philippines is at war as one
cannot renounce his citizenship just to escape liability under the treason law.
REACQUISITION OF CITIZENSHIP.
1. By naturalization. For those who lost Philippine citizenship by
naturalization in a foreign country or by express renunciation of
his citizenship
2. By repatriation
a. Desertion of the AFP
b. Service in the armed forces of allied forces in WWII
c. Service in the Armed Forces of US at any other time
d. Marriage of a Filipino woman to an alien
e. Political and economic necessity
3. By direct acts of Congress
DUAL CITIZENSHIP. Arises when a person is simultaneously considered a
national by two or more states as a result of concurrent application of their
laws. Filipino citizens may, without performing any act, and as an involuntary
consequence of conflicting laws of different countries, be another citizen of
another State.
DUAL ALLEGIANCE. Refers to a situation in which a person
simultaneously owes, by some positive act, two or more states.
Dual citizenship is involuntary, dual allegiance is the result of an individual’s
violation.
CASES ON CITIZENSHIP
In re Ching, Bar Matter No 914 (01 October 1999)
Petitioner Ching is son of a Filipino mother and Chinese Father, born April
11, 1964. Ching wants to be admitted to the bar after passing the bar
examination. However, he elected Filipino citizenship fourteen (14) years
after reaching the age of majority. Despite continuous uninterrupted stay in
the Philippines, being a CPA, registered voter and former elected public
official, Philippine citizenship may not be vested upon him, the law lays
down specific requirements to be complied with. One who is privileged to
elect Philippine citizenship has only an inchoate right.
Co v HRET, 199 SCRA 692 (1991)
Respondent was born of Filipino mother and a naturalized father (when he
was 9 y/o). The filing of sworn statement or formal declaration is a
requirement for those who still have to elect citizenship. For those already
Filipinos when the time to elect came up, there are acts of deliberate choice
which cannot be less binding i.e., entering a profession open only to Filipinos,
serving in a public office where citizenship is a qualifications, voting, running
for public office.
Villahermosa v Commissioner, 80 Phil 541(1948)
Before 1973 Constitution, Filipina married and alien, hence, stripped her
citizenship under Commonwealth Act No. 63. The done may elect
Philippine citizenship; it is enough that a person’s mother was a Filipino at
the time of her marriage to the alien father and the person be a child of that
marriage.
Bengzon v HRET, GR 142840 (2001)
Teodoro Crus was a natural born Filipino who enlisted in the US Marines in
1985 losing Filipino citizenship (CA 63, Section 1(4)). Naturalized as US
citizen in 1990. Reacquired Filipino citizenship through reparation. Elected
Congressman of 2nd District of Pangasinan in 1998. SC held that Cruz is
natural born Filipino. Reparation results in the recovery of the original
nationality. A naturalized Filipino who lost citizenship will be restored to his
prior status as a naturalized Filipino. If he was originally a natural born
Filipino, he will be restored to his former status as a natural born Filipino.
Poe-Llamanzares v Elamparo & COMELEC
GR 221697 (08 March 2016)
Grace Poe-Llamanzares was a foundling who was found abandoned as a
newborn infant on September 3, 1968 in the Parish Church of Jaro, Iloilo,
reported and registered as foundling three days later at the Office of the Civil
Registrar. She was adopted by FPJ and Susan Roces in 1974. She filed her
certificate of candidacy for President, her citizenship was questioned. Atty.
Elamparo claimed she was not a natural born Filipino because foundlings are
not considered as natural born citizens under the Philippine Constitution.
COMELEC disqualified Poe. SC reversed the decision:
a. There is more than sufficient evidence that Poe has Filipino
parents and is therefore, natural born Filipino
b. Private respondents have the burden of proof, but they failed to
prove that Poe’s parents were aliens
c. Foundlings are natural born Filipinos; framers intended
foundlings to be Filipino citizens; Spanish Code assumes that all
children of unknown parentage is the son of a Spaniard;
International Law: Children born in a country of unknown
parents are citizens in this nation
d. The SC did not find intent or language in the 1935, 1973 and 1987
Constitution permitting discrimination against foundlings
e. Domestic Laws (i.e., on adoption, Inter-Country Adoption Law)
support that foundlings are Filipinos
f. Foundlings are citizens under international law. International
customs are part of generally accepted principles of international
law, and forms part of the laws of the Philippines by incorporation
FOUDNLING is a deserted or abandoned infant or child whose parents,
guardian or relatives are unknown; or a child committed to an orphanage or
charitable or similar institution with unknown facts of birth and parentage and
registered in the Civil Registrar as “foundling.”
CASES ON NATURALIZATION
Republic v Dela Rosa, 232 SCRA 785 (1994)
Frivaldo’s petition for naturalization before the RTC of Manila was granted;
but was subsequently declared not a citizen of the Philippines, disqualifying
him as Governor of Sorsogon. Respondent, having opted to reacquire
citizenship through naturalization under the Revised Naturalization Law, is
duty bound to follow the procedure prescribed by the law. The law does not
provide special procedure for former Filipino citizens contrary to reparation
by Filipino woman who married an alien.
1. Failure to comply with publication and posting requirements,
hence the court did not acquire jurisdiction
2. Petition lacks several allegations required by Sections 2 and 6 of
the Revised Naturalization Law; was not supported by affidavit of
two credible persons; and did not attach certificate of arrival
required by Section 7
3. Proceedings of the Trial court was marred with many irregularities
Republic v Li Yao, 214 SCRA 748 (1992) – Res Judicata Doctrine
Li Yao acquired naturalization. Fifteen year later, lower court found that he
misled the court on certain fraudulent tax payments. He claims he secured tax
amnesty obliterating his tax liabilities. Moral character was question. He
argues the question of citizenship is res judicata. HELD:
1. A certificate of naturalization may be cancelled if it is
subsequently discovered that the applicant obtained it by
misleading the court upon any material fact. Moreover, a
naturalization proceeding is not a judicial adversary proceeding,
the decision rendered therein, not constituting res judicata as to
any matter that would support a judgment cancelling a certificate
of naturalization on the ground of illegal or fraudulent
procurement thereof.
2. Concealment of his income to evade payment of lawful taxes show
that his moral character is irreproachable, disqualifying him from
naturalization. Tax amnesty does not obliterate lack of good moral
character and irreproachable conduct.
CASES ON LOSS AND REACQUISITION OF CITIZENSHIP
Coquilla v COMELEC, GR 151914 (31 July 2002)
Petitioner Coquilla was born February 17, 1938 of Filipino parents in Oras,
Eastern Samar. Joined US Navy in 1965, then naturalized. Came back to
Philippines in October 15, 1998 and took out a residence certificate. He
applied for reparation on August 5, 2000, approved on November 7, 2000 and
took his Oath of allegiance on November 10, 2000 (acquired citizenship).
On November 21, he registered as voter and on January 12, 2001, his
registration was approved. Filed his Certificate of Candidacy for mayor in
February 27, 2001 stating he had been a resident for two years. HELD:
Petitioner lost his domicile of origin when he became US citizen. When
petitioner came back to the Philippines, he was a visa-free balikbayan visitor
(valid only for one year). He had waived his status as an alien and as a non-
resident only upon taking his Oath of Citizenship. He lacked the requirement
for residency to qualify him for mayorship.
Residence is to be understood no it its common acceptation as referring to
“dwelling” or “habitation,” but rather to “domicile” or legal residence that is
the place where a party actually or constructively has his permanent home
where he, no matter where he may be found at any given time, eventually
intends ti return and remain.
Domicile of Origin is acquired at birth; place where child’s parents reside
and continue until the same is abandoned by acquisition of a new domicile
(Domicile of Choice).
Yu v Defensor-Santiago, GR 83832 (24 January 1989)
Petitioner claims that he cannot be deported considering that he is a
naturalized Filipino and that his mere usage of a Portugese passport does not
mean express renunciation of Philippine citizenship. HELD: Petitioner has
reacquired his Portugese citizenship when he renewed his Portugese passport,
represented himself as Portugese citizen in official documents. Such acts
constitute an express renunciation of Philippine citizenship.
Express Renunciation means a renunciation that is made known distinctly
and explicitly and not left to inference or implication.
Frivaldo v COMELEC, 174 SCRA 245 (1989)
Petitioner was proclaimed Governor of Sorsogon in 1988 and a petition to
annul his proclamation was filed on the ground that he is a naturalized US
citizen. He claimed that by participating in the election, he reacquired
Philippine citizenship. HELD: Frivaldo has not reacquired Philippine
citizenship by participating in Philippine elections thus automatically
forfeiting his US citizenship. Such forfeiture could not have the effect of
restoring his citizenship in the Philippines that he had earlier renounced.
Frivaldo v COMELEC, 257 SCRA 727 (1996)
Petitioner ran for Sorsogon Governor in 1995. Opponent filed a petition to
disqualify him which was granted by COMELEC, denied his Motion for
Reconsideration. Frivaldo claims his petition for repatriation was filed to the
Office of the President on August 17, 1994, resubmitted on June 29, 1995 the
form to Special Committee (which convened on June 8, 1995, and was
granted on June 30, 1995. HELD:
1. Frivaldo’s acquisition of Philippine citizenship retroacted to the
date of filing on August 17, 1994.
2. Citizenship requirement in LGC is to be possessed by an elective
official at the latest as of the time he is proclaimed and at the start
of the term of office.
Tabasa v Court of Appeals, GR 125793 (29 August 2006)
Tabasa was natural born Filipino, but upon naturalization of his father when
he was seven (7yo), he also acquired American citizenship by derivative
naturalization. Arrived in the Philippines in August 3, 1995 as Balikbayan,
and thereafter was arrested by BI upon the request of Consul General of US
Embassy to apprehend and deport petitioner who has a warrant of arrest for
several federal charges. His passport was also revoked. Petitioner alleged that
he had acquired Philippine citizenship by repatriation, and being a Filipino
citizen, he cannot be deported or detained by BI. HELD: Petitioner may not
avail of repatriation to acquire Philippine citizenship. Only 1) Filipino women
who married an alien, and 2) natural born Filipinos and their minor children
who lost Philippine citizenship on account of political or economic necessity.
He is not qualified since he lost his citizenship by operation of law and not
due to political or economic necessity. He can reacquire Philippine citizenship
by availing of the Citizenship Retention and Re-acquisition Act of 2003 by
simply taking an Oath of Allegiance to the Philippines.
Angat v Republic, GR 132244 (14 September 1999)
Petitioner, a natural born citizen of the Philippines, became a naturalized US
citizen and filed an application for repatriation to the RTC. PD 725 provided
that applications for repatriation could be filed to the Special Committee on
Naturalization. President Cory Aquino issued a Memorandum deactivating
the SCN. HELD: The SCN has jurisdiction not the RTC.
Jao v Republic, 121 SCRA 358
No law authorizes judicial proceeding for repatriation.
Aznar v COMELEC, GR 83820 (25 May 1990)
Respondent Osmena denied having taken an Oath of Allegiance to the US,
holder of a valid Philippine passport, and participated in the elections both as
voter and candidate. He remains to be a Filipino and the loss of his Philippine
citizenship cannot be presumed. The mere fact that he has a Certificate stating
he is American does not mean he is nit still a Filipino.
 CA 473 JUDICIAL NATURALIZATION RA 9139 ADMINISTRATIVE NATURALIZATION
QUALIFICATIONS
AGE not less than twenty-one years of age on the day of the hearing of the must not be less than eighteen (18) years of age, at the time of filing of
petition his/her petition;
BIRTH/ RESIDENCE must have resided in the Philippines for a continuous period of not must be born in the Philippines and residing therein since birth;
less than ten years;
a. Reduced to five (5) years if:
b. held public office
c. Having established a new industry or introduced a
useful invention in the Philippines;
d. Being married to a Filipino woman;
e. Having been engaged as a teacher in the Philippines
school not exclusive for a particular nationality or race,
for a period of not less than two years;
f. Having been born in the Philippines.

GOOD MORAL must be of good moral character and believes in the principles underlying
CHARACTER the Philippine Constitution, and must have conducted himself in a proper
and irreproachable manner during the entire period of his residence in the
Philippines in his relation with the constituted government as well as with
the community in which he is living.
must be of good moral character and believes in the underlying
principles of the Constitution, and must have conducted himself/herself
in a proper and irreproachable manner during his/her entire period of
residence in the Philippines in his relation with the duly constituted
government as well as with the community in which he/she is living;

INCOME must own real estate in the Philippines worth not less than Php 5,000.00 or
must have some known lucrative trade, profession, or lawful occupation;
must have a known trade, business, profession or lawful occupation,
from which he/she derives income sufficient for his/her support and if
he/she is married and/or has dependents, also that of his/her family:
Provided, however, That this shall not apply to applicants who are
college degree holders but are unable to practice their profession
because they are disqualified to do so by reason of their citizenship;

LANGUAGE must be able to speak and write English or Spanish and any one of the
principal Philippine languages;
EDUCATION must have enrolled his minor children of school age in a Philippine school
where the Philippine history, government and civics are taught or
prescribed as part of the school curriculum, during the entire period of the
residence in the Philippines required of him prior to the hearing of his
petition for naturalization as Philippine citizen.
MINGLE
DISQUALIFICATIONS
OPPOSE ORGANIZED Persons opposed to organized government or affiliated with any
GOVERNMENT association or group of persons who uphold and teach doctrines opposing
all organized governments;
must be able to read, write and speak Filipino or any of the dialects of
the Philippines;
must have received his/her primary and secondary education in any
Philippine school where Philippine history, government and civics are
taught and prescribed as part of the school curriculum and where
enrollment is not limited to any race or nationality:
Provided, That should he/she have minor children of school age, he/she
must have enrolled them in similar schools;
The applicant must have mingled with the Filipinos and evinced a
sincere desire to learn and embrace the customs, traditions and ideals of
the Filipino people
Those opposed to organized government or affiliated with any
association of group of persons who uphold and teach doctrines
opposing all organized governments;

TEACHING VIOLENCE Persons defending or teaching the necessity or propriety of violence,
personal assault, or assassination for the success and predominance of their
ideas;
POLYGAMY Polygamists or believers in the practice of polygamy;
MORAL TURPITUDE Persons convicted of crimes involving moral turpitude;
DISEASE Persons suffering from mental alienation or incurable contagious diseases;
NOT MINGLED Persons who, during the period of their residence in the Philippines, have
SOCIALLY not mingled socially with the Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions, and ideals of the
Filipinos;
WAR Citizens or subjects of nations with whom the United States and the
Philippines are at war, during the period of such war
LAW Citizens or subjects of a foreign country other than the United States
whose laws do not grant Filipinos the right to become naturalized citizens
or subjects thereof.
Those defending or teaching the necessity of or propriety of violence,
personal assault or assassination for the success or predominance of
their ideas;
Polygamists or believers in the practice of polygamy;
Those convicted of crimes involving moral turpitude;
Those suffering from mental alienation or incurable contagious
diseases;
Those who, during the period of their residence in the Philippines, have
not mingled socially with Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions and ideals of the
Filipinos;
Citizens or subjects with whom the Philippines is at war, during the
period of such war
Citizens or subjects of a foreign country whose laws do not grant
Filipinos the right to be naturalized citizens or subjects thereof.

QUALIFICATIONS DISQUALIFICATIONS
AGE, OPPOSE ORGANIZED
BIRTH/RESIDENCE GOVERNMENT
GOOD MORAL CHARACTER TEACHING VIOLENCE
INCOME POLYGAMY
LANGUAGE MORAL TURPITUDE
EDUCATION DISEASE
NOT MINGLED SOCIALLY
WAR
LAW
 1987 CONSTITUTION
1. Citizens of the Philippines at
the time of the adoption of the
1987 Constitution;
2. Those whose Fathers or
mothers are citizens of the
Philippines;
3. Those born before January 17,
1973 of Filipino mothers, who
elect Philippine citizenship
upon reaching the age of
majority; and
4. Those who are naturalized in
accordance with law.
1973 CONSTITUTION
1. Citizen as of January 17, 1973
2. Those whose father and
mother are citizens of the
Philippines
3. Those who elected Philippine
citizenship under the 1973
Constitution
4. Those naturalized by law
1935 CONSTITUTION TREATY OF PARIS
1. Citizens at the time of adoption 1. Citizens under Philippine Bill
1902
a. inhabitants as of April
11, 1899 (Treaty of
Paris) who were Spanish
Subjects who continued
to reside in the
Philippines as well as
2. Those whose fathers are
their children
citizens of the Philippines
b. did not elect to preserve
their allegiance to the
Crown of Spain
c.
3. Born in the Philippines of 2. Citizens by judicial decisions
Foreign parents who before the applying the jus soli principle
adoption of 1935 Constitution (Roa v Collector of Customs
were elected to public office until Tio Tiam v Republic)
(Caram Rule)
4. Those whose mothers are
Filipino citizens and upon
reaching majority age elected
Philippine citizenship
5. Those naturalized by law

STATE IMMUNITY FROM SUIT
ARTICLE XVI GENERAL PROVISIONS
SECTION 3. The State may not be sued without its consent.
STATE IMMUNITY. The state may not be sued without its consent. A
sovereign is exempt from suit on the logical and practical ground that there
can be no legal right against the authority that makes the law on which the
right depends.
The consent of the State to be sued must emanate from statutory authority.
Waiver of State immunity can only be made by an act of the legislative body.
(Republic v Feliciano, 148 SCRA 424 (1987))
A suit for acts done in the performance of official functions against an officer
of the government by a private citizen which would result in a charge against
or financial liability to government must be regarded as suit against the State
itself. Government immunity from suit will not shield the public official being
sued if the government no longer has interest to protect in the outcome of a
suit, or if the liability of the officer is personal because it arises from tortious
acts in the performance of his duties. (Philippine Agila Satellite v Licgauco,
GR 142362 (3 May 2006))
EXPRESS CONSENT. The state gives its consent to be sued with respect to
claims and accounts provided that the conditions and procedures prescribed
are duly complied with.
Once consent is secured, an action may be filed. However, there is nothing to
prevent the State to require that certain administrative proceedings be had and
exhausted. (Sayson v Singson, 54 SCRA 282 (1973))
a. SPECIAL LAW. Specific consent is given when a law is enacted
authorizing a particular person to bring a specified suit against the
government in respect to a particular claim or cause.
b. TORTS COMMITTED BY SPECIAL AGENTS. ARTICLE
2180, NCC. State is responsible for quasi-delicts committed by
government acting through special agents or those performing
non-regular functions; if it was committed by a regular employee,
the injured party could only bring a suit for damages against the
employee in his personal capacity
Under the Civil Code, the state is liable when it acts through a
special agent, but not when the damage should have been
caused by the official to whom properly it pertained to do the
act performed. A special agent is one who receives a definite and
fixed order or commission, foreign to the exercise of the duties of
his office if he is a special official. This concept does not apply to
any executive agent who is an employee of the acting
administration and who on his own responsibility performs the
functions which are inherent in and naturally pertain to his office
and which are regulated by law and the regulations. The driver of
the ambulance of the General Hospital was not a special agent;
thus the Government is not liable. (Meritt v Government, 34
PHIL 311 (1916))
c. GOVERNMENT CORPORATIONS, if vested with separate
juridical and corporate personalities and clothed with the express
power to sue and be sued
When the government enters into commercial business, it
abandons its sovereign capacity and is to be treated like any other
corporation.
IMPLIED CONSENT.
a. When the government is sued without claiming its immunity, it
enters trial and submits itself to the jurisdiction of the court
b. When action is brought by the government to recover money in
the hands of a private individual who has a claim against it, the
latter may set-up a counterclaim at least to the extent of the
amount claimed in the complaint
c. If the government intervenes in a suit and asks the court for an
affirmative relief; but not if merely to resist claim, no affirmative
relief
d. When government enters into commercial business in a propriety
character, sued upon contracts
e. When it is inequitable for government to claim immunity
Not all government entities, whether corporate or non-corporate, are immune
from suits. Immunity is determined by the character if the objects for which
the entity was organized.
A donor, with the Republic or any of its agency being the done, is entitled to
go to the court in case of an alleged breach of the conditions of such donation.
SUITS AGAINST UNINCORPORATED GOVERNMENT ENTITIES.
General Rule. Offices and agencies of the government that do not possess a
separate juridical personality cannot be sued.
Exception. If unincorporated agency is exercising principally proprietary
functions or is engaged in a private business
SUITS AGAINST MUNICIPAL CORPORATIONS. Local government
units possess corporate powers including the capacity to sue and be sued.
SUITS AGAINST FOREIGN STATES. One state cannot assert jurisdiction
over the other.
Par in parem non habet imperium
Equals have no sovereignty over each other
SUITS AGAINST INTERNATIONAL AGENCIES. Certain basic
immunities are accorded to specialized agencies of the United Nations.
Suability is not liability; the State in only giving the plaintiff the chance to
prove, if it can, that the defendant is liable.
Indirect suit against the government is prohibited.
Suits against Public Officers that are not Suits against the State
1. Compelling the performance of a ministerial function or a duty
required by law
2. Action for prohibition against an agency or a public officer to
prevent the enforcement of an act claimed as illegal or
unconstitutional
3. Against an officer in his private or personal capacity
4. Against an officer claimed to have committed an ultra vires act or
where there is a chowing of bad faith, malice or gross negligence
Consent to Execution is required
Where the state gives its consent to be sued, it may limit claimant’s action
only up to the completion of proceedings anterior to execution. The power of
the court ends when judgment is rendered
IMMUNITY FROM SUIT
THE GOVERNMENT MAY NOT BE SUED WITHOUT ITS
CONSENT
 EXPRESS CONSENT
 IMPLIED CONSENT. Government enters into a contract in its
proprietary capacity
 CONTRACT INVOLVES SOVEREIGN
GOVENMENTAL CAPACITY
 CRIME, TORTIOUS ACTS, UNOFFICIAL ACTS DONE IN
THE PERSONAL CAPACITY OF PUBLIC OFFICIALS
FRAMEWORK
1. STATE (REPUBLIC OF THE PHILIPPINES) (IMMUNE)
a. LGU (X)
b. GOCC (X)
c. INSTRUMENTALITY
i. PROPRIETORY (X)
ii. GOVERNMENTAL (IM)
d. DEPARTMENTS, OP, REST OF GOVERNMENT (IM)
i. EXPRESS CONSENT (X)
 a. SPECIAL AGENT (Art 2180, NCC) (X)
b. LAW (X)
ii. IMPLIED CONSENT
a. CONTRACT
1. PROPRIETORY (X)
2. GOVERNMENTAL (IM)
b. COUNTERCLAIM (X)
c. INJUSTICE (X)

2. FOREIGN STATE
a. GOVERNMENT FUNCTION/ JUS IMPERII (IM)
b. PROPRIETORY FUNCTION/ JUS GESTIONIS (X)
c. CORPORATION (immunity should be proven as fact)
i. FXN INHERENT TO GOVERNMENT (IM)
ii. NO FXN INHERENT TO GOVERNMENR (X)

3. INTERNATIONAL ORGANIZATION
a. DEPENDS ON TREATY, CHARTER OR CONVENTION

4. EMPLOYEES OF FOREIGN STATE/INTERNATIONAL

ORGANIZATION
a. OFFICIAL FUNCTION (IM)
b. ULTRA VIRES
i. Are there special/specific immunity?
 must set-forth the policy to be executed, carried out or
implemented by the delegate
SEPARATION AND DELEGATION OF POWERS
2. Sufficiency of Standards Test. There must be adequate
ARTCICLE VI, SECTION 1 guidelines or limitations in the law to map out the boundaries of
The legislative power shall be vested in the Congress of the the delegate’s authority, and prevent the delegation from running
Philippines, which shall consist of a Senate and a House of riot.
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum. Standard defines legislative policy, marks its limits, maps out its
boundaries and specifies the public agency to apply it. It Indicate
ARTICLE VII, Section 1 the circumstances under which the legislative command is to be
The executive power shall be vested in the President of the effected.
Philippines.
The standard may be express or implied.
ARTICLE VIII, Section 1
The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.

The Constitution apportions the powers of government, but it does not make
any one of the three departments subordinate to another when exercising the
trust committed to it.

The legislative and judicial are coordinative departments of the government,

of equal dignity; each is alike supreme in the exercise of its proper functions,
and cannot directly or indirectly, while acting within the limits of its
authority, be subjected to the control or supervision of the other, without an
unwarrantable assumption by that other of power which is not conferred upon
it by the Constitution. (Thomas Cooley, A Treatise on the Constitutional
Limitations)

Political Question Doctrine. Political questions are beyond the ambit of

judicial inquiry in deference to the separation of powers doctrine.

Political Question is a question of policy, one that involves wisdom of the

acts of the executive and legislative branches of government, or one that is
left for people to decide in their sovereign capacity.

DELEGATION OF POWERS

Legislative power may only be exercised by the legislative branch, and may
not be delegated to the other branches of government.

Potestas delegata non po test delegari

Delegated authority cannot be further delegated

Congress may constitutionally delegate authority to promulgate rules and

regulation to implement a given legislation and effectuate its policies.

Valid Delegation
1. By Direct Constitutional Grant
a. Tariff powers of the President
b. Emergency Powers to the President
Requisites:
i. There must be a war or other national emergency
ii. The delegation must be for a limited period only
iii. The delegation must be subject to restrictions as
Congress may provide
iv. Must be exercised to carry out a declared national
emergency
c. Rule Making Power to the Supreme Court
d. Delegated Power to Local Government
e. Rule Making Power to Constitutional Commissions

2. By Legislative Grant (delegation to administrative bodies)

Subordinate Legislation. The power of administrative agencies,

granted by an enabling law, to make implementing rules and
regulations.

Tests of Valid Delegation of Powers

1. Completeness Test. The law must be complete in all its terms and
conditions when it leaves the legislature such that when it reaches
the delegate, the only thing he will have to do is to enforce it. It

BRANCHES OF GOVERNMENT, AND THE INDEPENDENT
CONSTITUTIONAL COMMISSIONS
THE JUDICIAL DEPARTMENT
ARTICLE VIII. 1987 CONSTITUTION
SECTION1. The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable
and enforceable, and 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.
JUDICIAL REVIEW. It is the power of the courts, ultimately of the
Supreme Court, to interpret the Constitution, and to test the validity of
executive and legislative acts in the light of their conformity with the
fundamental law.
It allows the Supreme Court
1) to review, revise, reverse, modify or affirm on appeal or certiorari
final judgments and orders of lower courts, and
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
The Supreme Court has the power has the power to allocate constitutional
boundaries.
Requisite of Judicial Review
1. There must be an Actual Case or Controversy
2. Raised by a party with Standing/ Locus Standi
(Exception: Transcendental Importance)
3. Raised at the Earliest Opportunity
4. There must be Necessity of deciding the constitutional question
1. ACTUAL CASE OR CONTROVERSY. Means an existing case or
controversy which is both ripe for resolution and susceptible of judicial
determination, and that which is not conjectural or anticipatory, or that which
seeks to resolve hypothetical or feigned constitutional problems.
Controversy is the presence of opposing views of contentions.
An issue is not ripe for judicial determination if future events may render the
decision unnecessary.
A request for advisory opinion is not allowed.
The petition must not be moot and academic. The court will decide cases
otherwise moot and academic, if:
1. The exceptional character of the situation and the paramount
public interest involved
2. The issue raised requires formulation of controlling principles to
guide the bench, bar and public
3. The case is capable of repetition yet evading review. Involve
disputes of short duration where the injury-in0fact will go away
before the lawsuit finds its way through the court system.
a) the life of the controversy is too short to be fully litigated
prior to its termination
b) there is a reasonable expectation that the plaintiff will
again be subjected to the same problem
2. LEGAL STANDING. Means a personal and substantial interest in the
case such that the party has sustained or will sustain direct injury as a result of
the governmental act that is being challenged.
ALTERBATIVE STANDING
1. CITIZENSHIP
2. TAXPAYERS
3. LEGISLATORS
4. ASSOCIATIONAL
a. Direct Injury of Members
b. Registered
c. Board resolution to file a case
IF NO DIRECT INJURY
A) STRICT COMPLIANCE
1. With Paramount Public Interest; and
2. With Alternate Standing (petition w standing)
B) LIBERAL COMPLIANCE
1. No Alternate Standing, but
2. With Paramount Public Interest (petition w standing)
CITIZEN STANDING. When suing as a citizen, the interest of the
petitioner assailing the constitutionality of a statute must be direct and
personal.
He must be able to show not only that the law or any government act is
invalid, but also that he sustained or in imminent danger of sustaining
some direct injury as a result of its enforcement.
When the proceeding involves the assertion of a public right, the mere
fact that he is a citizen satisfies the requirement of personal interest.
Requisites for Citizen’s Suit Challenging Constitutionality
1. the petitioner must have suffered an “injury in fact” of an actual or
imminent nature (Direct Injury Test)
2. there must be a causal connection between the injury and the
conduct complained of
3. the injury is likely to be redressed by a favorable action by the
court
Two requisite for Assertion of Public Right/ Mandamus
1. enforcement of a public right
2. espoused by a Filipino citizen
TAXPAYER’S STANDING. A taxpayer has sufficient interest in
preventing the illegal expenditure of public funds and may therefore
question the constitutionality of statutes requiring expenditure of public
money. Petitioner must prove that he has sufficient interest in preventing
the illegal expenditure and that he would sustain an injury.
LEGISLATIVE STANDING. An act of the Executive that injures the
institution of Congress causes a derivative but substantial injury that can
be questioned by any member of Congress.
PARAMOUNT PUBLIC INTEREST. Even as a party may not have
the legal standing to bring the suit, the Supreme Court has brushed aside
technicalities of procedure particularly when the Constitutional question
raised are of paramount public interest or transcendental importance.
Requisites/must be established:
1. the character of the funds or other assets involved in the case
2. the presence of a clear case of a constitutional or statutory
prohibition by the public respondent agency or instrumentality of
government
3. the lack of any other party with a more direct and specific interest
in raising the question being raised
FACIAL CHALLENGE. A party can question the validity of a statute
only if, as applied to him, it is unconstitutional. Exception: Even though
as applied to him it not unconstitutional, but it might be if applied to
others not before the court whose activities are constitutionally protected
FACIAL CHALLENGE. Applies only to fundamental rights
(expression, press, religion, intellectual liberties) but not to penal laws
1. VOID FOR VAGUENESS (vague words)
2. OVERBREADTH (vague parameters)
3. EARLIEST OPPORTUNITY. Constitutional question should be raised in
the pleadings. It may not be raised in trial, and if not raised before the trial
court it will not be considered on appeal. Exception: in civil cases, even if
raised for the first time on appeal, if it appears that the determination of the
question is necessary to the decision of the case
4. NECESSITY OF DECIDING THE CONSTITUTIONAL QUESTION.
The court should not pass upon a question of constitutionality, although
properly presented, if the case can be disposed of on some other ground.

Mandatory Notice. Trial court may not rule on the validity of a statute,
executive order or regulation without complying with Rule 64, Section 3 of
the Rules of Court

SECTION 3. Notice to Solicitor general. – In any action which

involves the validity of a statute, or executive order or regulation, the
Solicitor general shall be notified by the party attacking the statute,
executive order or regulation, and shall be entitled to be heard upon
such question.

Functions of Judicial Review

1. Checking. It refers to the function to invalidate a law or an
executive act found to be contrary to the Constitution.
2. Legitimating. It pertains to the function of the court to uphold the
validity of the law.
3. Symbolic. It pertains to the function to educate the bench and the
bar as to guiding or controlling legal principles.

Effect of Declaration of Unconstitutionality

1. Orthodox View. An unconstitutional act is not a law. It confers no
rights, imposes no duties, affords no protection, and creates no
office… as if it had never been passed.
2. Modern View. The court does not annul or repeal the statute if it
finds the same in conflict with the Constitution, it simply refuses
to recognize the law and determines the rights of the parties as if
the statute had no existence.

OPERATIVE FACT DOCTRINE. Judicial declaration of invalidity may

not necessarily obliterate all the effects and consequences of a void act prior
to such declaration.

REMEDY AND VENUE

a) No damages yet – DECLARATORY RELIEF (RTC)
b) With damages – CERTIORARI (Supreme Court)
1. No Appeal available
2. Grave Abuse of Discretion
3. No adequate and speedy remedy
 ARTICLE VIII, 1987 CONSTITUTION
SECTION 2. The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but may not
deprive the Supreme Court of its jurisdiction over cases enumerated
in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines
the security of tenure of its Members.
SECTION 3. The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous year and,
after approval, shall be automatically and regularly released.
SECTION 4.
1) The Supreme Court shall be composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the
occurrence thereof.
2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en
banc, including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other
regulations, shall be decided 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.
3) 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.
SUPREME COURT
The Supreme Court was created by the Constitution and cannot be abolished
by Congress. Lower Courts were created by statutes and can be abolished by
Congress.
COMPOSITION OF SUPREME COURT (Article VII, Section 4(1))
1. Chief Justice
2. 14 Associate Justices
MODE OF SITTING
1. EN BANC. Decided 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.
2. DIVISION (3, 5, or 7 members). Decided by a majority, at least
three member concurred, otherwise will be for En Banc decision
EN BANC CASE
1. Constitutionality
2. Death Penalty
3. Novel Questions of Law
4. Ambassadors, other public ministers and consuls
5. Division
a. required number of votes not met
b. in the opinion of at least three members merits attention of
En Banc, and acceptable to majority of En Banc members
6. Modify or reverse a doctrine
7. Administrative or disciplinary cases
a. Dismissal of judges
b. Disbarment of lawyers
c. Suspension more than one year, fine exceeding Php
10,000.00, or both
8. Validity of proclamation of martial law or suspension of the
privilege of writ of habeas corpus
9. As Presidential Electoral Tribunal
10. All other cases deemed sufficiently important to merit En Banc
attention by majority of members
Decisions of a Division is a decision of the Supreme Court. A Division cannot
and should not review a case already passed upon by another Division.
LOWER COURTS. Presently governed by BP 129 as amended by RA 7691
and 7902
QUALIFICATIONS OF SUPREME COURT JUSTICES
1. Natural born Filipino
2. At least 40 years of age
3. At least 15 years of experience as judge or in the practice of law in
the Philippines
4. Proven competence, integrity, probity, and independence
ARTICLE VIII, SECTION 12
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 function.
ARTICLE VIII, SECTION 9 PAR 1
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.
ARTICLE VIII, SECTION 4
Any vacancy shall be filled within ninety (90) days from the
occurrence of the vacancy.
For the lower courts, the President shall issue the appointments
within 90 days from the submission of the list.
ARTICLE VIII SECTION 10
The salary of the Chief Justice and of the Associate Justice of the
Supreme Court, and of judges of lower courts shall be fixed by law.
During their continuance in office, their salary shall not be decreased.
ARTICLE XVIII SECTION 17
Until the Congress provides otherwise the Chief Justice shall receive
an annual salary of P240,000 and the Associate Justices shall receive
P204,000 each.
Perfecto v Meer: SC ruled that salaries of judges were not subject of income
tax for such would be a diminution of their salary.
Endencia v David: Congress passed a law providing that the constitutional
provision on diminution of salaries of Members of the Judiciary should not
interpreted to mean an exemption from income tax. SC invalidated the stature
on the ground that the legislature had no power to interpret the Constitution.
1973 Constitution: “No salary or any form of emolument of any public
office or employee, including constitutional officers, shall be exempt from
payment of income tax.”
1987 Constitution: The framers intended to make the salaries of the
members of the Judiciary taxable.
ARTICLE VIII SECTION 11
The members of the Supreme Court and judges of lower courts shall
hold officer during good behavior until (i) they reach 70 years, or
earlier if (ii) they become incapacitated to discharge the duties of their
office.
ARTICLE VILLL SECTION 2 PAR 2
No law shall be passed reorganizing the Judiciary when it undermines
the security of tenure of its Members.
Only the lower courts may be reorganized by Congress.
Ocampo v Secretary of Justice: Congress abolished offices of judges at
large and cadastral judges in order to promote the independence of the
judiciary. An abolition of an office made in good faith does not violate
security of tenure.

De la Liana v Alba: There can be no claim of security of tenure where the

office no longer exists, and that the abolition of office is not removal,
although their effects maybe the same.

ATICLE XI SECTION 2
The President, Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust.
All other public officers and employees may be removed from office
as provided by law, but not by impeachment.
A Supreme Court Justice cannot be removed except by impeachment. A
Supreme Court Justice cannot be charged in a criminal case or a disbarment
proceeding, because the ultimate effect is to remove him from office and thus,
circumvent the provision on impeachment.

Members of the Supreme Court must first be removed from office through
impeachment, before he may be held criminally or administratively
(disbarment) liable.

ARTICLE VIII, SECTION 11

The Supreme Court en banc shall have the power to (a) discipline
judges of lower courts, or (b) 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.
 POWERS OF THE SUPREME COURT
ARTICLE VIII, 1987 CONSTITUTION
SECTION 5. The Supreme Court shall have the following powers:
1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
a) All cases in which the constitutionality or validity of
any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
c) All cases in which the jurisdiction of any lower court
is in issue.
d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
e) All cases in which only an error or question of law is
involved.
3) Assign temporarily judges of lower courts to other stations
as public interest may require. Such temporary assignment
shall not exceed six months without the consent of the
judge concerned.
4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of
law, the integrated bar, and legal assistance to the under-
privileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme
Court.
6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
SECTION 6. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
JURISDICTION is the authority of a court to hear and decide a case.
The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts.
Congress cannot decrease the constitutionally set jurisdiction of the Supreme
Court and may not deprive SC of its jurisdiction over cases enumerated in
Article VIII Section 5.
Congress cannot increase the constitutionally set appellate jurisdiction of the
Supreme Court without its advice and concurrence.
ORIGINAL JURISDICTION
1. Cases affecting ambassadors, other public ministers and
consuls
2. Petition for certiorari, mandamus, quo warranto, and habeas
corpus (Article VIII Section 5(1))
The Supreme Court does not have jurisdiction over
DECLARATORY RELIEF CASES, which must be filed with
the RTC.
APPELLATE JURISDICTION
1. Appeal (Criminal Cases only)
2. Petition for review on certiorari
APPEAL. Cases imposing death, reclusion perpetua or life imprisonment
will be reviewed first by the Court of Appeals before it is elevated to the
Supreme Court.
RULE 45, SECTION 1 (ROC)
A party desiring to appeal by certiorari from a judgment or final
order or resolution of the Court of Appeals, the Sandiganbayan, the
Regional Trial Court or other courts whenever authorized by law,
may file with the Supreme Court a verified petition for review on
certiorari. The petition shall raise only questions of law which must
be distinctly set forth.
RULE 65, SECTION 1 (ROC)
hen any tribunal, board or officer exercising judicial or quasi-judicial
functions has acted without or in excess its or his jurisdiction, or with
grave abuse of discretion amounting to lack or excess of jurisdiction,
and there is no appeal, or any plain, speedy, and adequate remedy in
the ordinary course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with certainty
and praying that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting such
incidental reliefs as law and justice may require.
PETITION FOR REVIEW ON CERTIORARI
Certiorari under Rule 45 Certiorari under Rule 65
Appeal from a judgment or final No appeal; No plain, speedy and
order or resolution of lower courts adequate remedy; Grave abuse of
discretion amounting to lack or
excess in jurisdiction
ARTICLE VIII Section 13
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 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.
The same requirement shall be observed by all lower collegiate courts.
Decision is arrived in consultation so that the Court may decide as a collegial
body. The writer of the opinion is merely the spokesman of the body.
Consing v Court of Appeals: Lack of certification would not invalidate the
decision. It may however be a basis for holding the official responsible for the
omission to account.
VOTES REQUIRED TO RENDER DECISION
1. EN BANC. Majority of the members who actually took part in the
deliberations on the issues in the case and voted thereon.
Quorum of 15 is 8; Majority of 8 is 5. Abstention is counted as a
vote. Those who inhibited or disqualified (ussually due to conflict
of interest) are not included.
No majority, no decision may be rendered.
2. DIVISION. Majority of the members who took part in the
deliberations on the issue in the case and voted thereon, with the
concurrence of at least three members
When the votes cannot be mustered, the casce is elevated to the En
Banc.
 b. Promulgate rules concerning the protection and enforcement
RULES ON FAILURE TO GET MAJORITY of constitutional rights and legal assistance to the
If the necessary majority cannot be had, the case is again REHEARD. If underprivileged
upon rehearing, no majority is still had: c. Promulgate rules concerning pleading, practice, and
1. If case is on appeal, judgement appealed from is deemed procedure in all courts
AFFIRMED, except
a. Criminal cases where the judgment is conviction, Limitations:
ACCUSED IS ACQUITED, CONVICTION IS 1. Such rules provide a simplified and inexpensive procedure
REVERSED for the speedy disposition of cases
b. Lower Court declares law UNCONSTITUTIONA, the 2. They shall be uniform for all courts of the same grade
decision is REVERSED 3. They should not diminish, increase or modify substantive
2. If the case is an original petition, DISMISSED rights
d. Admission to the practice of law
ARTICLE VIII SECTION 14 1. Pass the bar exam
No Decision shall be rendered by any court without expressing 2. Take the Lawyer’s Oath
therein clearly and distinctly the facts and the law on which it is 3. Sign in the Roll of Attorneys
based. e. Integration of the Bar

Rule is applicable only to in cases submitted for decision. It is applicable to
an Order or Resolution.
Sin perjuico””judgments is a judgment without a statement of facts in
support of its conclusion to be later supplemented by the final judgment
ARTICLE VIII SECTION 14 PAR 2
No petition or motion for reconsideration of a decision of the court
shall be refused due course or denied, without stating the legal basis
therefor.
Applies to dismissal of MR of a decision on the merits. Does not apply to
dismissal of MR of an incidental matter.
ARTICLE VIII Section 13
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.
PERIODS FROM DECIDING CASES
1. Supreme Court = 24 months, except
Question on the factual basis of martial law = 30 days
2. Lower Collegiate Courts (CA) = 12 months, unless reduced by
SC
3. All other lower courts = 3 months, unless reduced by SC
Periods are mandatory. At the expiration of the deadline, the Chief Justice or
presiding judge issue a certification that the period has lapsed and the
reason for such inaction, attach to the records of the case and serve a copy to
the parties. Then, the court must decide without any further delay.
A case or matter shall be deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum required by
the Rules of Court or by the court itself.
PRESIDENTIAL ELETORAL TRIBUNAL.
ARTICLE VII SECTION 4 PAR 7
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, and may promulgate its rules for the
purpose.
ADMINISTRATIVE FUNCTIONS
ARTICLE VIII SECTION 6
The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
1. Detailing of lower court judges; shall not exceed six months
without the consent of the judge concerned
2. Discipline of lower court judges
3. Appointment of officials and employees of judiciary
REPORT ON THE JUDICIARY
ARTICLE VIII SECTION 16
The Supreme Court shall, within 30 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.
FISCAL AUTONOMY
ARTICLE VIII SECTION 3
The Judiciary shall enjoy fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and after approval, shall be
automatically and, regularly released.
ARTICLE VI SECTION 25(5)
No law shall be passed authorizing any transfer of appropriations;
however, the Chief Justice of the Supreme Court may, by law, be
authorized to augment any item in the general appropriations law for
their respective officers from savings in other items of their respective
appropriations.
JUDICIAL AND BAR COUNCIL. 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. (Article
VIII Section 8(5))
FUNCTIONS
1. Recommend appointees to the Judiciary
2. Recommend appointees to the office of the Ombudsman and his
five deputies
3. Perform such other functions and duties as the Supreme Court may
assign

National Board of Canvassers for the Presidential Election is Congress. COMPOSITION OF JBC
Before proclamation by Congress of the winner, Congress is the judge of any a. Ex-Officio Members
electoral issue. After proclamation, the Supreme Court sitting as PET, is the 1. Chief Justice as ex-officio Chairman
sole judge. 2. Secretary of Justice
3. Representative of Congress
OTHER POWERS b. Regular Members (4 year term)
a. Order a Change of venue or place of trial, on order to avoid a 1. Representative of the Integrated Bar
miscarriage of justice (Article VIII, Section 5(4)) 2. Professor of Law
In case of doubt, it should be resolved in favor of change of venue. 3. Retired member of the Supreme Court
4. Representative of the Private Sector
The Clerk of the Supreme Court is the ex-officio secretary.

Confirmation by the Commission on Appointments required.

THE LEGISLATIVE DEPARTMENT law, 20% partylist

1987 CONSTITUTION ARTICLE VI 12 elected every three elected from legislative

SECTION 1. The legislative power shall be vested in the Congress of years districts or partylist
the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the Qualification natural-born citizen of natural-born citizen of the
provision on initiative and referendum. the Philippines and, on Philippines and, on the
the day of the election, is day of the election, is at
SECTION 2. The Senate shall be composed of twenty-four Senators at least thirty-five years least twenty-five years of
who shall be elected at large by the qualified voters of the Philippines, of age, able to read and age, able to read and write,
as may be provided by law. write, a registered voter, and, except the party-list
and a resident of the representatives, a
SECTION 3. No person shall be a Senator unless he is a natural-born Philippines for not less registered voter in the
citizen of the Philippines and, on the day of the election, is at least than two years district in which he shall
thirty-five years of age, able to read and write, a registered voter, and immediately preceding be elected, and a resident
a resident of the Philippines for not less than two years immediately the day of the election thereof for a period of
preceding the day of the election. not less than one year
immediately preceding the
SECTION 4. The term of office of the Senators shall be six years and day of the election
shall commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator shall Term Six years; Two Three years; Three
serve for more than two consecutive terms. Voluntary renunciation of consecutive terms consecutive terms
the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term of which QUALIFICATIONS (CALiVR ala caliber)
he was elected. 1. Citizenship
2. Age (at the day of the election)
SECTION 5. 3. Literacy
1. The House of Representatives shall be composed of not 4. Voter
more than two hundred and fifty members, unless 5. Residence
otherwise fixed by law, who shall be elected from legislative
districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number Restrictions on qualifications
of their respective inhabitants, and on the basis of a 1. Continuing Requirements; they must be possessed during the
uniform and progressive ratio, and those who, as provided officer’s entire incumbency
by law, shall be elected through a party-list system of 2. Exclusive; legislature may not make additional qualifications
registered national, regional, and sectoral parties or 3. Property qualifications not allowed; poverty should not be a
organizations. reason for not being elected
4. No religious test shall be required
2. The party-list representatives shall constitute twenty per
centum of the total number of representatives including The Constitution does not vest in Congress a discretionary power to deny
those under the party list. For three consecutive terms after membership of an elected as member of Congress by majority vote. (Poweell
the ratification of this Constitution, one-half of the seats v McCormack, 395 US 486 (1969))
allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor,
PARTY-LIST SYSTEM. A registered party, organization or coalition that
peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided will be entitled to a maximum of three party-list representatives depending of
by law, except the religious sector. its obtaining a required percentage of the national vote.

3. Each legislative district shall comprise, as far as a) Filing of verified petition not later than 90 days before election;
practicable, contiguous, compact, and adjacent territory. Comelec resolves petition within 15 days
Each city with a population of at least two hundred fifty b) Submit names of at least five nominees not later than 45 days
thousand, or each province, shall have at least one before the election
representative.  Nominee gives written consent
 Disqualified: Those who lost in the immediately
4. Within three years following the return of every census, the preceding election
Congress shall make a reapportionment of legislative
c) Sectors represented are: labor, peasant, fisher folk, urban poor,
districts based on the standards provided in this section.
indigenous cultural communities, elderly, handicapped, women,
SECTION 6. No person shall be a Member of the House of youth veterans, overseas workers and professionals
Representatives unless he is a natural-born citizen of the Philippines  Three groups may participate in the party-list
and, on the day of the election, is at least twenty-five years of age, able system: (1) national parties or organizations, (2)
to read and write, and, except the party-list representatives, a regional parties or organizations, and 93) sectoral
registered voter in the district in which he shall be elected, and a parties or organizations. (Atong Paglaum v
resident thereof for a period of not less than one year immediately COMELEC, GR 203766 (2013))
preceding the day of the election. d) Sectors disqualified: Religious sects, foreign organizations,
advocating violence or unlawful means
SECTION 7. The Members of the House of Representatives shall be e) At least 2% of total votes cast = one seat; more than 2% gets more
elected for a term of three years which shall begin, unless otherwise seats but not more than three seats
provided by law, at noon on the thirtieth day of June next following
f) Winning party-list representatives shall be proclaimed according
their election. No Member of the House of Representatives shall serve
to their ranking in the list of nominees
for more than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption g) Same rights, inhibitions and disqualifications as district
in the continuity of his service for the full term for which he was representatives
elected. h) PL Rep who changes political party or sectoral affiliation during
his team shall forfeit his seat; change is within six months prior to
election, he may not be nominated
SENATE HOUSE OF REP
No of 24 members elected at Not more than 250
Members large members unless fixed by
The Constitutional requirement that 20% of all seats in the lower house is
reserved for PL takes precedence over the 2% threshold set forth in RA 7941.
(Banat v COMEMEC, GR 179271 (2009))
The registration of a voter in a place other than his residence of origin has not
been deemed sufficient to constitute abandonment or loss of such residence.
To successfully effect change of domicile, one must demonstrate:
1. An actual removal or an actual change of domicile;
2. A bona fide intention of abandoning the former place of residence
and establishing a new one; and
3. Acts which correspond with the purpose. (Marcos v COMELEC,
248 SCRA 300 (1995))
SECTION 8. Unless otherwise provided by law, the regular election of
the Senators and the Members of the House of Representatives shall
be held on the second Monday of May.
SECTION 9. In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy
in the manner prescribed by law, but the Senator or Member of the
House of Representatives thus elected shall serve only for the
unexpired term.
SECTION 10. The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and the House of
Representatives approving such increase.
“Full term” means the term of all members who voted to increase the salaries
of members of Senate and Congress. The term of senators elected in the
last preceding election is controlling.
Law to increase salary was passed in 2015. Last elected senators were in
2013. The law will take effect in 2019, after the six-year term of the senators.
SECTION 11. A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
session. No Member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.
Article 145 of RPC extended the privilege from arrest to also include
privilege from search.
The speech and debate clause does not exempt the member of Congress from
any possible disciplinary measures that his colleagues in Congress may
impose upon him.
SECTION 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. 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.
DISCLOSURE OF INFORMATION
1. Assets, liabilities and net worth
2. Financial and business interests
3. Conflict of interest
SECTION 13. No Senator or Member of the House of Representatives
may hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was
elected.
INCOMPATIBLE OFFICE is a post that a member cannot accept unless he
waives or forfeits his seat in Congress. If he waives or forfeits hi seat, he may
accept the other post.
 Excluded in this provision is the holding of a second office which
is an extension of his legislative duties or is in aid of his
legislative position.
FORBIDDEN OFFICE is one which a member cannot be appointed even if
he is willing to give up his seat in the Congress. The effect of his resignation
from Congress is the loss of his seat but his disqualification for the forbidden
office remains.
A member cannot resign in anticipation of the passage of a law creating such
office or increasing its emolument for the duration of the term for which the
member of Congress was elected.
 This does not apply to elective positions.
SECTION 14. No Senator or Member of the House of Representatives
may personally appear as counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special
privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or
controlled corporation, or its subsidiary, during his term of office. He
shall not 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.
OTHER PROHIBITIONS:
1. Personally appearing as a counsel before any court of justice,
Electoral Tribunals, quasi-judicial bodies
2. Being interested financially in any contract with or franchise or
special privilege granted by the Government, or any subdivision,
agency, or instrumentality, government-owned or controlled
corporations, or its subsidiaries
3. Intervening in any matter before any office of the Government for
his pecuniary benefit
4. Intervening in any matter where he may be called upon to act on
account of his office
SECTION 15. The 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. The President may call a special session at any time.
SESSIONS.
1. Regular sessions. Commences every 4th Monday of July unless a
different day is set by law, until thirty days before the opening of
its next regular session.
2. Special Sessions called by the president to consider such
subjects of legislation as he may determine. Congress determines
number of days for such session.
3. Special Sessions without need of call
a. To pass a bill calling for the holding of a special
election when there is a vacancy in the offices of the
President and Vice President;
- the bill is certified and becomes a law
upon third reading of Congress;
b. To determine 2/3 vote whether the President is unable
to discharge the powers and duties of his office
- Cabinet sends a written declaration to the
Senate President and Speaker notifying
them of the President’s disability
- The president disputes the mater but the
Cabinet stands by its findings
c. To extend or revoke the proclamation of martial law or
the suspension of the privilege of the writ of habeas
corpus
JOINT SESSIONS AND SEPARATE VOTING.
When both Houses meet jointly, they vote separately, except for one instance
when they convene to revoke or extend the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus.
 a. When Congress, acting as Board of Canvassers, breaks the tie for
President or Vice-President;
b. When Congress decides on the question of the President’s inability
to discharge the powers and functions of his office;
c. When Congress declares the existence of a state of war;
d. When there is a vacancy in the Office of the Vice-President, and
Congress has to confirm the nomination made by the President
SECTION 16.
1) The Senate shall elect its President and the House of
Representatives, its Speaker, by a majority vote of all its
respective Members. Each House shall choose such other
officers as it may deem necessary.
2) A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to
day and may compel the attendance of absent Members in
such manner, and under such penalties, as such House may
provide.
3) Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas
and nays on any question shall, at the request of one-fifth
of the Members present, be entered in the Journal. Each
House shall also keep a Record of its proceedings.
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.
DISCIPLINE OF MEMBERS. Each hoes may punisg its members for
disorderly behavior. Disorderly behavior is upon the discretion of each house.
Penalty maybe censure, or upon a 2/3 votes suspension not exceeding 60
days, or expulsion. This is an incidental power.
The Sandiganbayan may order the preventive suspension of a member of
Congress changed for violation of RA 3019 (Anti-Graft and Corrupt Practices
Act).
LEGISLATIVE JOURNAL is the official record of what is done and passed
in Congress. The record contained in the journal is conclusive evidence of the
contents thereof and courts shall take judicial notice of the same. Eentries in
a legislative journal may be given more weight when ranged against
other forms of evidence.
CONGRESSIONAL RECORD contain the verbatim transcript of all
proceedings of the House and if its committees.
The following matters are Constitutionally mandated to be entered in the
journal:
1. Yeas and Nays on third and final reading of the bill
2. Veto message of the President
3. Yeas and Nays on the re-passing of a bill vetoed by the President
4. Yeas and Nays on any question at the request of 1/5 of members
present
ENROLLED BILL. A bill approved by both Houses is engrossed or
enrolled, and this enrolled copy of the bill bears the certification of the Senate
President and the Speaker that the bill as enrolled is the version passed by
each house. The enrolled bill is the one sent to the President for action.
The lawmaking process in Congress ends when the bill is approved by both
Houses, and the certification does not add to the validity of the bill or cure
any defect already present upon its passage. In other words it is the approval
by Congress and not the signatures of the presiding officers that is essential.
(Astorga v Villegas, GR L-23475)
JOURNAL ENTRY RULE v ENROLLED BILL THEORY. When there
is a conflict between the enrolled bill and the journal, the Enrolled Bill
prevails, except with respect to matters required to be entered into the
journals.
SECTION 17. The Senate and the House of Representatives shall each
have an Electoral Tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court
to be designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives, as the case
may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.
ELECTORAL TRIBUNAL is the sole judge of all contests relating to the
election, returns, and qualifications of their respective members.
Membership (9 members)
a. Three justices of the Supreme Court designated by the Chief
Justice; Senior Justice is the Chairman
b. Six member of the HOR/Senate as the case maybe, chosen on
the basis of proportional representation from the political parties
The politician members of the Electoral Tribunal may not be forcibly
removed by their House, ratio:
a. Impairs the independence of the Electoral Tribunal
b. Violates the security of tenure of the Member
He may be replaced only upon expiration of term, death, permanent disability,
resignation from the political party he represents, formal affiliation with
another political party or removal for other valid reason.
SC’s jurisdiction to review decisions and orders of electoral tribunals operates
only upon showing of grave abuse of discretion on the part of the tribunal.
SECTION 18. There shall be a Commission on Appointments
consisting of the President of the Senate, as ex officio Chairman,
twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations
registered under the party-list system represented therein. The
chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty
session days of the Congress from their submission. The Commission
shall rule by a majority vote of all the Members.
COMMISSION ON APPOINTMENTS
Membership (25 members)
a. Senate President, as ex officio chair
b. 12 members of Senate*
c. 12 members of HOR*
*elected on the basis of proportional representation
Membership in CA is based in party affiliation, thus, a defection from one
party to another changes the proportion in the respective House and is a
ground for reorganization
 A mere temporary alliance is not a ground for reorganization
Session
1. only when Congress is in session
2. called by its chair or majority of its members
3. chair votes only to break a ties
OFFICERS REQUIRING CONFIRMATION
(DAACJ)
1. Heads of Departments
2. Ambassadors, public ministers and consuls
3. Officers of the Armed Forces of the Philippines from colonel and
naval captain
 4. Chairman and members of Constitutional Commissions
5. Members of the Judicial and Bar Council
REGULAR APPOINTMENT takes place when the President appoints an
officers whose appointment requires confirmation while Congress is in
Session. The officer appointed may not assume office at once, He is first
nominated by the President, and the Commission shall act on it within 30
session days from submission.
AD INTERIM or RECESS APPOINTMENT happens when Congress is
not in session when the President makes the appointment. Appointment made
by the President is complete in itself and effective at once. When Congress
convenes, the Commission acts on the appointment. When disapproved the
appointment is terminated.
SECTION 19. The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days after the Senate
and the House of Representatives shall have been organized with the
election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at the
call of its Chairman or a majority of all its Members, to discharge
such powers and functions as are herein conferred upon it.
ET and CA are constituted within 30 days after election of Senate
President and House Speaker.
SECTION 20. 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 for each Member.
Ratio: Transparency, and deterrent from committing graft and corruption
The public has the right to know how much is being spent for each member of
Congress.
SECTION 21. 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.
LIMITATONS TO LEGISLATIVE INVESTIGATIONS
1. No general power of inquiry into the private affairs of citizens
2. Power is limited to matters into which the body has jurisdiction to
inquire
3. Rights of persons appearing in or affected by such inquiry shall be
respected (right against self-incrimination)
 EXCEPTION: Refuses to appear or answer relevant
matter may be cited in contempt
4. Order to be jailed for contempt may be enforced only until the
final adjournment of the last session date of HOR; no limit for
Senate since it is a continuing body that does not cease to exist
(only until the termination of the investigation, Balag case)
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.
Written questions shall be submitted to the President of the Senate or
the Speaker of the House of Representatives at least three days before
their scheduled appearance. Interpellations shall not be limited to
written questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the
President so states in writing, the appearance shall be conducted in
executive session.
Heads of Departments may appear and be heard by any Hosuse on matter
pertaining to their departments:
1. On their own initiative with the Consent of the President; or
2. Upon request of either House as the rules of such House provides.
Rationale of Question Hour
1. It is an effective check available to Congress to question the
programs and priorities of the Executive Departments
2. It enables the minority to fiscalize the party in power
3. It informs the people of the activities and motivations of the
President and his Cabinet
Section 23.
1. The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the
sole power to declare the existence of a state of war.
2. In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon
the next adjournment thereof.
Section 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills,
shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
Section 25.
1. The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content,
and manner of preparation of the budget shall be
prescribed by law.
2. No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the
appropriation to which it relates.
3. The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
4. A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or
to be raised by a corresponding revenue proposal therein.
5. No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of
the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to
augment any item in the general appropriations law for
their respective offices from savings in other items of their
respective appropriations.
6. Discretionary funds appropriated for particular officials
shall be disbursed only for public purposes to be supported
by appropriate vouchers and subject to such guidelines as
may be prescribed by law.
7. If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed re-enacted and shall
remain in force and effect until the general appropriations
bill is passed by the Congress.
APPROPRIATIONS
BILL is a draft of a law submitted to the consideration of a legislative body
for its adoption.
APPROPRIATION is the setting apart by law of a certain sum from the
public revenue for a specified purpose.
REVENUE BILL raises funds for the government, usually by imposing
certain tax or fees.
TARIFF BILLS dictate the duties to be imposed on certain imported articles.
BILLS AUTHORIZING PUBLIC DEBTS usually involve bonds
guaranteed by the government for public subscription redeemable after a
certain period.
BILLS OF LOCAL APPLICATION pertain to purely local government
matters.
PRIVATE BILLS pertain to those that serve a private interest or concern
like granting some form of recognition or honor to private individuals.
GENERAL APPROPRIATIONS ACT, limitations
a. May not increase the appropriations recommended by the
President
b. No provision that does not relate specifically to particular
appropriations; no riders
c. Same procedure od approval for Legislative budget
d. Transfer of funds from one department to the other is not allowed;
violates separation of powers
e. Unused balance/surplus reverts back to general fund; may not be
spent unless reappropriated
f. Reenactment of previous GAA in case of failure to pass a GAA
for ensuing year
SPECIAL APPROPRIATIONS BILL is one that meets a new need or is
designed for a specific purposed; must specify purpose and supported by
funds actually available or to be raised by a revenue proposal
In case of appropriations, revenue or tariff bills, the President may veto
any particular item or items, without vetoing the other item or items to
which he does not object.
He may disapprove an item without rejecting the entire budget.
 With respect to each item, he may not approve one part and
disapprove the other part.
DELEGATION OF TAX POWERS
GENERAL RULE: The power to tax is inherently legislative and non-
delegable.
 Tariff powers to the President
 Taxing powers to Local Legislatures
Section 26.
1. Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
2. No bill passed by either House shall become a law unless it
has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its
Members three days before its passage, except when the
President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.
The title must fairly indicate the general subject and reasonably cover all the
provisions of the act so as not to mislead the legislature or the people.
The provisions may be diverse as long as they are not inconsistent or foreign
to the general subject matter, and may be considered to be in furtherance of
such subject.
LEGISLATIVE PROCESS
1. Three Readings
2. Bicameral Conference Committee
3. Engrossment or Enrollment
4. Approval by the President
THREE READINGS. A congressman or senator may file a bill which
undergoes three readings in each House for separate days.
a. May be passed jointly when Congress is in Joint Session
b. Separately and simultaneously; Houses take up the bill at the same
time
c. Separately and sequentially; originates from one house and goes to
the other
GENERAL RULE: A bill has to undergo three reading in each House for
separate days.
 EXCEPTION 1: When the President certified the necessity of the
immediate enactment of a bill to meet a public calamity or
emergency
 EXCEPTION 2: When Congress convenes to call for a special
election to elect the President and Vice-President
BICAMERAL CONFERENCE COMMITTEE
- Composed of equal number of members from the Senate and HOR
to made reccomendations to their respective chambers on how to
reconcile the two versions if the bill
- Granted blanket authority to negotiate and reconcile the bill
- Conference Committee Report is submitted to plenary for
approval
ENGROSSMENT OR ENROLLMENT
- Enrolled bill bears the certification of the Senate President and
House Speaker that the enrolled copy is the version passed by each
House
APPROVAL BY THE PRESIDENT
Ways a bill becomes a law with respect to presidential action
1. Upon approval of the President
2. Vetoed, but the veto is overridden by 2/3 vote of all members in
both Houses
3. Upon failure of the President to act on the bill within 30 days from
the day of receipt
VETO POWER OF THE PRESIDENT
- No pocket veto. POCKET VETO is one by which the President
secures the disapproval of a bill of Congress by mere inaction after
the adjournment of Congress
- No Selective Veto. Only applicable for appropriations, revenue or
tariff bills.
NO LEGISLATIVE VETO
Legislative veto exists when Congress purports to give power to an executive
agency or official, but keeps for itself the power to control or invalidate the
ensuing executive action
Section 27.
1. Every bill passed by the Congress shall, before it becomes a
law, be presented to the President. If he approves the same
he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated,
which shall enter the objections at large in its Journal and
proceed to reconsider it. If, after such reconsideration, two-
thirds of all the Members of such House shall agree to pass
the bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered, and
if approved by two-thirds of all the Members of that House,
it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names
of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any
bill to the House where it originated within thirty days
after the date of receipt thereof, otherwise, it shall become
a law as if he had signed it.
2. The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill,
but the veto shall not affect the item or items to which he
does not object.
Section 28.
1. The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
 2. The Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national
development program of the Government.
3. Charitable institutions, churches and personages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from
taxation.
4. No law granting any tax exemption shall be passed without
the concurrence of a majority of all the Members of the
Congress
Uniformity in taxation means that all taxable articles or kinds of property, of
the same class, shall be taxed at the same rate.
TAX EXEMPTIONS
1. Religious and charitable institutions
2. Non-stock non-profit educational institutions
Section 29.
1. No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
2. No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest,
preacher, minister, other religious teacher, or dignitary as
such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
3. All money collected on any tax levied for a special purpose
shall be treated as a special fund and paid out for such
purpose only. If the purpose for which a special fund was
created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the
Government.
Section 30. No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitution
without its advice and concurrence.
Section 31. No law granting a title of royalty or nobility shall be
enacted.
SUBSTANTIVE LIMITATIONS TO LEGISLATIVE POWER
1. Bill of Rights
2. Title of the Bill
3. Requirement of Appropriation Measures
4. Appellate Jurisdiction of the Supreme Court
5. Title of Royalty or Nobility
6. Invalid Delegation of Legislative Powers
7. Irrepealable Laws
Section 32. The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the exceptions therefrom,
whereby the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or local
legislative body after the registration of a petition therefor signed by
at least ten per centum of the total number of registered voters, of
which every legislative district must be represented by at least three
per centum of the registered voters thereof.
OTHER POWERS OF CONGRESS
1. Act as board of canvassers for presidential elections
- Canvasser for presidential and vice presidential
candidates
- Duty to receive through Senate President duly certified
certificates of canvass for each province or city not
later than 30 days after election day
- All certificates to be opened in the presence of the
senate and HOR in joint public session
- It is not within the competence of Congress to refuse to
count duly certified certificates of canvass on the
suspicion of some irregularity
- It is the Presidential Electoral Tribunal, upon the
institution of the appropriate action, that has the power
to determine whether or not said duly certified election
returns have been irregularly prepared or tampered with
- Congress as board of canvassers has not and cannot
adjourn sine die until it has accomplished its
constitutionally mandated task; its composition may
change but it retains its authority as a board of
canvassers until it has accomplished its purpose
2. Call a special election in case of vacancy in the offices of
President or Vice President
- More than 18 months before the day of the next
regular election, congress convenes at 10am of the
third day after the vacancy
- With 7days it shall enact a law calling for a special
election to be held between 45 to 60 days from the day
of such call; election cannot be postponed; Congress as
Board of Canvassers after 30 days from election
3. Decide the disability of the President because the Cabinet
disputes his assertion that he is able to discharge his duties
a. President declares inability. VP shall be Acting President;
President reassumes office when he transmits a written
declaration that he is able to discharge his powers and duties
b. FIRST DECLATION. Majority of Cabinet declares
inability of President. Upon transmittal, VP assumes as
Acting President; President resumes if he contests this
through a written declaration that no inability exists to SP
and Speaker
c. CONGRESS ACTING ON SECOND DECLARATION.
Cabinet contests declaration of President that no inability
exists. Send second declaration within five day when the
President transmitted written declaration; Congress comes in
as judges of the President’s ability; convene with 10 days if
in session, 12 days, if not in session; 2/3 of each house
voting separately is required to declare the President’s
inability
4. Legislative veto or extension of the suspension of the privilege
of the writ of habeas corpus
- Congress convenes within 24 hours from the
proclamation or suspension
- President submits report within 48 hours from
proclamation or suspension
- Two possible actions of Congress
1. REVOKE the proclamation or suspension
(cannot be set aside by the President)
2. EXTEND the proclamation beyond 60 days (if
causes of the proclamation or suspension persist)
5. Approval of presidential amnesties
- The concurrence of Congress was deemed necessary as
there might be a need to enact a law that will address
the causes of or reasons for the commission of the
offense. Congress might have to provide for funding or
set-up necessary structures aimed at rehabilitating and
assisting the individuals granted amnesty.
6. Concurrence in treaties
- 2/3 of all the members of Senate should concur.
- Executive Agreements do not need senate concurrence.
7. Declaration of war and delegation of emergency powers
- Limited to declaring a state of war; the constitutional
policy of adhering to defensive war
- Does not preclude congress from enacting laws that in
preparation for future warsand dealing with the social
and economic consequences of past wars
8. Power with regard to utilization of natural resources
- Congress may allow small-scale utilization of natural
resources by Filipino citizens,
- as well as cooperative fish farming with priority to
subsistence fishermen and fish workers in rivers, lakes,
bays and lagoons
- President shall inform congress with 30 days from
execution of every contract entered into with foreign-
owned corporations involving either technical or
financial assistance for large scale exploration,
development and utilization of minerals oils
9. Constituent Power
- see earlier discussions
10. Impeachment
- IMPEACHMENT is a method of national inquest into
the conduct of public men. It serves as an effective
restraint which the legislature may exercise in the event
of abuse of executive and judicial authority
- OFFICIAL SUBJECT TO IMPEACHMENT
1. President
2. Vice President
3. Justices of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman
- GROUNDS OF IMPEACHMENT
1. CULPABLE VIOLATION OF THE
CONSTITUTION implies that the violation
must be willful and intentional; acts done
unintentionally, involuntarily and in good faith or
judgment are not grounds for impeachments
2. TREASON is a crime committed by a person
who, owing allegiance to the Philippines, not
being a foreigner, levies war against the country
or adheres to its enemies, giving them aid or
comfort within the Philippines or elsewhere
3. DIRECT BRIBERY is committed by any public
officer who shall agree to perform an act
constituting a crime, in connection with the
performance of his official business in
consideration of any offer, promise, gift or
present received by such officer, personally or
through the mediation of another
INDIRECT BRIBERY is an act committed by a
public officer who shall accept gifts offered to
him by reason of his office
4. GRAFT AND CORRUPTION refers to the
violation of the provisions of RA 2019, the Anti-
Graft and Corrupt Practices Act, pertinent RPC
provisions on crimes committed by public
officers and similar related offenses
5. OTHER HIGH CRIMES refer to those crimes
are of so serious and enormous nature as to strike
at the very life or orderly working of the
government
6. BETRAYAL OF PUBLIC TRUST refers to
gross misconduct in public office of abuse of
authority that may not constitute a criminal
offense but results in swoen and entrusted duty
- No impeachment proceedings shall be initiated
against the same official more than once within a
period of one year. (Article XI, Section 3 [5], 1987
Constitution)
- PROCEDURE
1. POWER TO INITIATE
HOR shall have the exclusive power to initiate
all cases of impeachment.
Initiation takes place by the act of filing and
referral or endorsement of the impeachment
complaint to the HOR Committee on Justice, or
by the filing of at least one-third of the members
of the HOR with the SecGen of the House.
(Guitierrez v HOR Committee on Justice, GR
193459 (2011))
a. Initiation by LESS THAN 1/3 of HOR. Filed
by a member of HOR, or by a citizen but
sponsored by HOR member.
Complaint is required to be included in the
Order or Business within 10 Session days
from receipt; Not later than 3 Session days
after inclusion in the Order of Business, it is
referred to the Committee
Committee has 60 session days from receipt
of referral to conduct hearings, vote by
absolute majority, and submit a committee
report regardless of recommendation.
Vote of 1/3 of the HOR is required to
APPROVE or DISAPPROVE and
OVERRIDE recommendation of
Committee.
The initiation stage does not determine
the guilt or innocence of the officer, it
merely determines whether there is a
prima facie case against the officer that
merits a full-blown trial in the Senate.
Ala Preliminary Investigation
b. Initiation by AT LEAST 1/3 of HOR. The
Complaint or resolution is filed by at least
1/3 of HOR, this shall constitute the Articles
of Impeachment
No need for Committee Report and
discussion anymore
2. POWER TO TRY
The Senate shall have the sole power to try and
decide all cases of impeachment
GENERAL RULE: The Senate President
presides over the impeachment trials
 EXCEPTION: When the President is
on trial, the Chief Justice shall be the
Presiding Officer but he shall not vote.
2/3 votes of all the members of the Senate (16
Senators) is required to carry out a conviction;
less than 2/3 mean acquittal
The judgment of the Senate is a political
question and may not be reviewed by the
courts.
- CONSEQUENCES OF IMPEACHMENT
1. DURING IMPEACHMENT: The officer
remains in office
2. ACQUITTAL: the officer continues in officer,
dismissal of the impeachment case and bars any
criminal action on the same offense
3. CONVICTION: the officers is removed from
office and disqualified from holding any public
office; shall be liable and subject to prosecution,
trial and punishment
 THE EXECUTIVE DEPARTMENT
1987 CONSTITUTION, ARTICLE VII
SECTION 1. The executive power shall be vested in the President of
the Philippines.
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.
SECTION 3. There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with, and in the same
manner, as the President. He may be removed from office in the same
manner as the President.
The Vice-President may be appointed as a Member of the Cabinet.
Such appointment requires no confirmation.
SECTION 4. The President and the Vice-President shall be elected by
direct vote of the people for a term of six years which shall begin at
noon on the thirtieth day of June next following the day of the election
and shall end at noon of the same date, six years thereafter. The
President shall not be eligible for any re-election. No person who has
succeeded as President and has served as such for more than four
years shall be qualified for election to the same office at any time.
No Vice-President shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of the service for
the full term for which he was elected.
Unless otherwise provided by law, the regular election for President
and Vice-President shall be held on the second Monday of May.
1987 CONSTITUTION, ARTICLE VII
SECTION 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
EXEUTIVE POWER is the power to enforce and administer the laws. It is
vested upon the President of Philippines.
QUALIFICATION OF THE PRESIDENT AND VICE-PRESIDENT
1. Natural-born citizen of the Philippines
2. At least 40 years of age on the day of the election
3. Able to read and write
4. Registered voter
5. Resident of the Philippines for at least 10 years immediately
preceding the election
TERM OF OFFICE
a. The President and Vice President shall be elected by direct vote of
the people for a term of 6 years.
b. The President shall NOT be eligible for any re-election. No person
who succeeds as President and has served for more than 4 years
shall be qualified to reelection to the same office at any time.
c. No Vice President shall serve for more than two (2) consecutive
terms.
ELECTION
a. REGULAR – 2nd Monday of May, every 6 years
b. SPECIAL; Requisites
1. Death, permanent disability, removal from officer, or
resignation of both the President and Vice President;
2. If he vacancies occur more than 18 months before the next
regular presidential election
3. A law passed by Congress calling for a special election to
elect a President and Vice President to be held earlier than 45
days not later than 60 days from the time of such call
Special election may not be called on the basis of a conditional resignation by
the incumbent President.
 Philippine Bar Association v Comelec: The failure of the SC to
issue an injunction on time is already a decision in itself, favoring
the validity of the calling of a snap elections despite the absence
of a vacancy.
CANVASSING OF ELECTION RETURNS
1987 CONSTITUTION, ARTICLE VII
SECTION 4. The returns of every election for President and Vice-
President, duly certified by the board of canvassers of each province
or city, shall be transmitted to the Congress, directed to the President
of the Senate. Upon receipt of the certificates of canvass, the President
of the Senate shall, not later than thirty days after the day of the
election, open all the certificates in the presence of the Senate and the
House of Representatives in joint public session, and the Congress,
upon determination of the authenticity and due execution thereof in
the manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed
elected, but in case two or more shall have an equal and highest
number of votes, one of them shall forthwith be chosen by the vote of
a majority of all the Members of both Houses of the Congress, voting
separately.
The Congress shall promulgate its rules for the canvassing of the
certificates.
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, and may promulgate its rules for the
purpose.
Check discussion in powers of Congress.
PRESIDENTIAL ELECTORAL TRIBUNAL. The Supreme Court, sitting
en banc, shall be the sole judge of all contests relating to the election, returns,
and qualifications of the President and Vice president, and may promulgate its
rules for the purpose.
1987 CONSTITUTION, ARTICLE VII
SECTION5. Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President shall take the
following oath or affirmation:
"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.)
OATH OF OFFICE
Before they enter on the execution of their office, the President, Vice
President or the Acting President shall take oath or affirmation.
a. OATH. An outward pledge made under an immediate sense of
responsibility to God; not a source of substantive power but is
merely intended to deepen the sense of responsibility of the
President and ensure a mere conscientious discharge of his office
b. AFFIRMATION. A solemn declaration in place of an oath, if the
President, Vice President or Acting president does not believe in
God.
1987 CONSTITUTION, ARTICLE VII
SECTION 7. The President-elect and the Vice President-elect shall
assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act
as President until the President-elect shall have qualified.
If a President shall not have been chosen, the Vice President-elect
shall act as President until a President shall have been chosen and
qualified.
If at the beginning of the term of the President, the President-elect
shall have died or shall have become permanently disabled, the Vice
President-elect shall become President.
Where no President and Vice-President shall have been chosen or
shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall act as
President until a President or a Vice-President shall have been chosen
and qualified.
The Congress shall, by law, provide for the manner in which one who
is to act as President shall be selected until a President or a Vice-
President shall have qualified, in case of death, permanent disability,
or inability of the officials mentioned in the next preceding
paragraph.
SECTION 8. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President shall become
the President to serve the unexpired term. In case of death,
permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case
of his inability, the Speaker of the House of Representatives, shall
then act as President until the President or Vice-President shall have
been elected and qualified.
The Congress shall, by law, provide who shall serve as President in
case of death, permanent disability, or resignation of the Acting
President. He shall serve until the President or the Vice-President
shall have been elected and qualified, and be subject to the same
restrictions of powers and disqualifications as the Acting President.
SECTION 9. Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected, the President
shall nominate a Vice-President from among the Members of the
Senate and the House of Representatives who shall assume office
upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately.
SECTION 10. The Congress shall, at ten o'clock in the morning of the
third day after the vacancy in the offices of the President and Vice-
President occurs, convene in accordance with its rules without need of
a call and within seven days, enact a law calling for a special election
to elect a President and a Vice-President to be held not earlier than
forty-five days nor later than sixty days from the time of such call.
The bill calling such special election shall be deemed certified under
paragraph 2, Section 26, Article V1 of this Constitution and shall
become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article V1 of this Constitution. The
convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy
occurs within eighteen months before the date of the next presidential
election.
SECTION 11. Whenever the President transmits to the President of
the Senate and the Speaker of the House of Representatives his
written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be
discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to
the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice-President
shall immediately assume the powers and duties of the office as Acting
President.
Thereafter, when the President transmits to the President of the
Senate and to the Speaker of the House of Representatives his written
declaration that no inability exists, he shall reassume the powers and
duties of his office. Meanwhile, should a majority of all the Members
of the Cabinet transmit within five days to the President of the Senate
and to the Speaker of the House of Representatives, their written
declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not in session, within
forty-eight hours, in accordance with its rules and without need of
call.
If the Congress, within ten days after receipt of the last written
declaration, or, if not in session, within twelve days after it is required
to assemble, determines by a two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as President;
otherwise, the President shall continue exercising the powers and
duties of his office.
SECTION 12. In case of serious illness of the President, the public
shall be informed of the state of his health. The members of the
Cabinet in charge of national security and foreign relations and the
Chief of Staff of the Armed Forces of the Philippines, shall not be
denied access to the President during such illness.
SUCCESSION (VACANCY IN THE PRESIDENT)
1. VACANCY AT THE BEGINNING OF THE TERM
a. In case of death or permanent disability of the President:
The Vice President elect shall become President
b. If the President-elect fails to qualify: Vice President-elect
shall act as President until a President shall have been chosen
and qualified
c. If a President shall not have been chosen: The Vice
President-elect shall act as President until a President shall
have been chosen and qualified
d. Both President and Vice President were not chosen or
qualified, or both shall have died or become permanently
disabled: Senate President or in case of disability, Speaker
of the House shall act as President until a President or Vice
President shall have been chosen or qualified
e. Inability of Senate President and House Speaker:
Congress shall, by law, provide for a manner in which one
who is to act as President shall be selected until a President
or a Vice President shall have qualified
2. VACANCY DURING THE TERM
INSTANCES on Presidential Succession (where the President
is NOT merely Acting President)
a. Death
b. Permanent Disability
c. Removal from Office
d. Resignation
The validity of Resignation is not governed by any formal
requirement as to form. It can be oral. It can be written. It can be
express. It can be implied. As long as the resignation is clear, it
must be given legal effect.
ELEMENTS (Estrada v Desierto, GR 146710-15, (2001))
a. There must be intent to resign
b. It must be coupled with acts if relinquishment
3. TEMPORARY DISABILITY: The President takes a “leave of
absence” and the Vice President temporarily acts as President
May be established:
a. By a written declaration made by the President himself as to
his inability
b. By a written declaration by the Cabinet that the President is
unable to discharge the functions of his office
c. In the event of disagreement between the President and the
Cabinet, by a finding of Congress by 2/3 vote that the
President is disabled
Check discussions in Legislative.
4. SERIOUS ILLNESS OF THE PRESIDENT: Does not result to
vacancy because the Cabinet members in charge of national
security and foreign relations can still access of the President.
The public shall be informed of the state of his health.
VACANCY IN THE VICE PRESIDENT
1. There is NO ACTING VICE PRESIDENT because the VP has
no real functions under the Constitution
2. If the VP assumes as President, there is vacancy in the VP
position. The President nominates a member of Senate or HOR
as VP who shall assume office upon confirmation of all members
of both Houses, voting separately.
or be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.

1987 CONSTITUTION, ARTICLE VII THE CABINET

SECTION 6. The President shall have an official residence. The
salaries of the President and Vice-President shall be determined by
law and shall not be decreased during their tenure. No increase in
said compensation shall take effect until after the expiration of the
term of the incumbent during which such increase was approved.
They shall not receive during their tenure any other emolument from
the Government or any other source.
- It is not a constitutional body; mere creation of the President
although its existence is recognized by the Constitution
- Being a creation of the President, the Cabinet acts under the
direction and authority of the President in the latter’s exercise of
his constitutional power of control
Incompatible Office are public offices which cannot be held by one person at
the same time.

PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS Forbidden Office. Even if a member of Congress is willing to forfeit his seat
1. Presidential Immunity therein, he may not be appointed to any civil office in the government that has
- Rationale for the immunity is to assure exercise of been created or the emoluments thereof have been increased while he was
presidential duties and functions free from any hindrance or incumbent in the legislature.
distraction considering that it is a job that requires the Chief
Executive’s time as well as undivided attention.
- While the President is immune from suit, she may not be POWERS AND FUNCTIONS
prevented from instituting it. However, such privilege may 1. Execution of Laws
be waived solely on the President’s prerogative. 2. Control of Executive Departments
- A non-seating President cannot enjoy immunity from suit for 3. Ordinance Power
criminal acts committed during incumbency. 4. General Supervision of Local Governments and Autonomous
- Acts of alter-ego is not the act of the President. Regions
- Presidential actions may be questioned maybe questioned 5. Power of Appointments
before the courts where there is grave abuse discretion 6. Removal Power
amounting to lack or excess in jurisdiction. 7. Pardoning Power
8. Power as Commander-in-Chief
2. Presidential Privilege a. Call-out the AFP to prevent or suppress lawless violence,
- Executive Privilege is properly invoked in relation to invasion or rebellion
specific categories of information and not to categories of b. Suspend the privilege of the writ of habeas corpus
persons. Only the President (and the Executive Secretary by c. Proclaim martial law over the entire Philippines or any
order of the President) can invoke the privilege. part thereof
- Requisites for Validity of Claim for Executive Privilege 9. Emergency Powers
1. Quintessential and non-delegable presidential power; the 10. Power to Contract and Guarantee Foreign Loans
power subject of legislative inquiry must be expressly 11. Power over Foreign Affairs
granted by the Constitution to the President a. Treaty Making Power
2. Operational Proximity Test. It must be authored, solicited, b. Deportation of Undesirable Aliens
and received by a close advisor of the President or the 12. Executive Privilege
President himself 13. Power over Legislation
3. No adequate need. The privilege may be overcome by a a. Address Congress
showing of adequate need, such that the information sought b. Prepare and Submit Budget
“likely contains important evidence” and by the c. Veto Power
unavailability of the information elsewhere by an appropriate d. Fixing of Tariff Rates
investigating authority 14. Immunity from Suit

3. Presidential Prohibitions/Inhibitions 1987 CONSTITUTION, ARTICLE VII

- Shall not receive any other emolument from the government
or any other source
- Unless otherwise provided by the condition, shall not hold
any other office or employment
 The VP maybe appointed as a member of the Cabinet
without confirmation of the Commission on
Appointment
 The Secretary of Justice is an ex-officio member of the
JBC
 EXCEPTION: Prohibition does not apply to
Executive officials without additional compensation in
an ex-officio capacity, as provided by law and as
required by the primary functions of he said official’s
office
SECTION 1. The executive power shall be vested in the President of
the Philippines.
1. EXECUTION OF LAWS
EXECUTIVE FUNCTION is essentially the duty to implement the laws
within the standard imposed by the legislature
As Chief Executive: The President has the duty of supervising the
enforcement of laws for the maintenance of general peace and public order.
As Administrative Head of Government: It is the duty of the President to
see to it that every government office is managed and maintained properly by
the persons in charge of it, in accordance with pertinent laws and regulations.

1987 CONSTITUTION, ARTICLE VII
SECTION13. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment
during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business,
RESIDUAL POWERS are implicit in and correlative to the paramount duty
residing in the Office to safeguard and protect general welfare.
1987 CONSTITUTION, ARTICLE VII
SECTION 17. The President shall have control of all the executive
 departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
2. CONTROL OF EXECUTIVE DEPARTMENTS
Each department is headed by a Secretary who shall assume the burden and
responsibility of all the activities of the Government under his control and
supervision.
CONTROL is the power to substitute one’s own judgment for that of a
subordinate for that of a subordinate
DOCTRINE OF QUALIFIED POLITICAL AGENCY. The different
executive departments are mere adjunct of the President. The secretaries are
the designated alter egos of the President whom he has designated to assist
him in his otherwise physically impossible multifarious functions
The President may substitute his will over those of the Secretaries, and they
cannot complain. They hold their office subject to the discretion of the
President who can replace them anytime once he loses his confidence in them.
3. ORDINANCE POWERS
EO 292 or the Administrative Code of 1987 provides for the power of the
President to issue administrative acts and commands:
a. Executive Orders which are acts of the President providing for
rules of a general or permanent character in implementation or
execution of constitutional or statutory powers
b. Administrative Orders relate to particular aspects of government
operations in pursuance of his duties as administrative head
c. Proclamations fix a date or declare a status or condition of public
moment or interest, upon the existence of which the operation of a
specific law or regulation is made to depend
d. Memorandum Orders concern matters of administrative detail or
of subordinate or temporary interest which only concern a
particular officer or office of the Government
e. Memorandum Circulars relate to internal administration which
the President desires to bring to the attention of all or some
departments, agencies, bureaus or offices of the Government, for
information and compliance
f. General or Special Orders are acts and commands of the
President in his capacity as Commander-in-Chief of the AFP
1987 CONSTITUTION, ARTICLE X
SECTION 4. The President of the Philippines shall exercise general
supervision over local governments.
SECTION 16. The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
4. GENERAL SUPERVISION OF LOCAL GOVERNMENTS AND
AUTONOMOUS REGIONS
GENERAL SUPERVISION means the overseeing of subordinates to make
sure that they do their duties under the law.
 Does not include the power to overrule their acts, if these acts are
within their discretion
Supervisory only, not control: There can be no real autonomy while the
national government controls the local governments
1987 CONSTITUTION, ARTICLE VII
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.
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of the
Congress.
5. POWER TO APPOINT
APPOINTMENT is the act of designation by the executive officer, board or
body to whom that power has been delegated, of the individual who is to
exercise the functions of a given office
Appointment is intrinsically an executive prerogative upon which Congress
may impose no limitations, except those resulting from the need of securing
the concurrence of the Commission on Appointments
PRESIDENTIAL APPOINTMENTS SUBJECT TO CONFIRMATION
BY THE COMMISSION ON APPOINTMENTS
1. Head of Executive Departments
2. Ambassadors, other public ministers, and consuls
3. Officers of the AFP with the rank of colonel or naval captain
4. Other officers whose appointments are vested in the President
under the Constitutions
a. Chairman and Members of Constitutional Commissions
b. Regular Members of the JBC
REGULAR APPOINTMENT is made while Congress is in
Session, and is not complete unless confirmed by the Commission
on Appointments. Confirmation is needed before the appointee
can take his post.
AD-INTERIM APPOINTMENT (aka RECESS
APPOINTMENT) is made during the recess of Congress. The
appointee can take his post right away, it is complete and
permanent appointment that lasts until it is disapproved by the
Commission on Appointments, or until the next adjournment of
Congress, unless in the meantime the Commission confirms it.
THE APPOINTING PROCESS
1. Nomination. Sole and voluntary act of the President; no one
can compel the President to make an appointment or appoint
a particular person
2. Confirmation. Nomination is submitted to and approved by
the Commission on Appointments. Commission on
Appointments meets only while Congress is in session. It
may confirm, reject, or bypass a nomination.
3. Commission. The issuance of the commission is done by the
President alone. Serves as a conclusive evidence of the
appointment.
4. Acceptance. It is necessary that the appointment be
accepted. Made by taking steps required by law to qualify for
an office, e g., taking an oath of office, entering upon the
exercise of the duties of the office
PRESIDENTIAL APPOINTMENTS REQUIRING NOMINATION BY
THE JUDICIAL AND BAR COUNCIL
1. Members of the Supreme Court and all judges of all lower courts
2. Ombudsman and his five deputies (Luzon, Visayas, Mindanao,
Over-all, and Military)
President appoints from a list of at least three nominees prepared
by the JBC for every vacancy. No confirmation required.
Period to fill-up/appoint:
a. Supreme Court: 90 days from the date of vacancy
b. Lower Courts: 90 days from the date of receipt of nominees
c. Ombudsman and deputies: within three months after they
occur
PRESIDENTIAL APPOINTMENTS MADE BY THE PRESIDENT
ALONE
1. Those vested by the Constitution on the President alone; e.g., the
appointment of the VP to the Cabinet
2. Those whose appointments are not otherwise provided by law
3. Those whom he may be authorized by law to appoint
4. Those other officers lower in rank whose appointment is vested by
law in the President
LIMITATIONS ON THE APPOINTING POWER OF THE
PRESIDENT
1. NEPOTISM. The President may not appoint the spouse and
relatives by consanguinity or affinity within the fourth civil
degree during his tenure as:
a. members of Constitutional Commissions,
b. members of Office of the Ombudsman, or
c. as Secretaries, Undersecretaries, Chairmen or heads of
bureaus, including GOCC and their subsidiaries
2. MIDNIGHT APPOINTMENTS. Within two months
immediately before the next Presidential Election up to the end of
his term, President shall not make appointments
 EXCEPTION: except temporary appointments to
executive positions when continued vacancies therein
will prejudice public service or endanger public safety
LIMITATIONS ON THE APPOINTING POWER OF ACTING
PRESIDENT
1. REVOKED BY PRESIDENT. Appointments extended by an
Acting President shall remain effective unless revoked by the
elected President within 90 days from his assumption of re-
assumption of office
2. MIDNIGHT APPOINTMENTS.
6. REMOVAL POWER
Possessed by the President by virtue of the following:
a. His power to appoint
b. Constitutional provision vesting the executive power to the
President
c. His function to take care that the laws be faithfully executed
d. His control over the administrative
Not all officials appointed by the President may be removed by him.
a. members of the Supreme Court, Ombudsman and deputies,
Members of Constitutional Commission have fixed tenure and
removable only by impeachment
b. judges of inferior courts are subject to the disciplinary authority of
the Supreme Court
When the power of removal is lodged in the President, the same may be
exercised only for cause provided by law and in accordance with the
prescribed administrative procedure
 EXCEPTION: members of the Cabinet and other executive
officials whose term of office is determined at the pleasure of the
President
1987 CONSTITUTION, ARTICLE VII
SECTION 19. 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.
He shall also have the power to grant amnesty with the concurrence
of a majority of all the Members of the Congress.
7. PARDONING POWER
PARDON is an act of grace, proceeding from the power intrusted with the
execution of the laws which exempts the individual on whom it is bestowed
from the punishment the law inflicts for a crime he has committed; It is a
remission of guilt, a forgiveness of the offense
Can be granted at any time after the conviction, even before service. The
sentence and its effects including the accessory penalties are abolished upon
the grant of pardon.
a. ABSOLUTE PARDON wipes out all penalties imposed upon the
offender including all accessory disabilities. This may not be
rejected by the pardonee.
b. CONDITIONAL PARDON imposes upon the convict faithful
compliance with certain requirements. The convicted person may
reject this if he feels that the conditions imposed are more
burdensome to him.
Violation of the conditions would bring back the offender to the
exact situation he was in before the pardon. Mere commission (not
necessarily conviction) of any other crime is enough to constitute
violation of the conditions.
COMMUTATION is the substitution of a less for a greater punishments, by
authority of law, and may be imposed on the convict without his acceptance
and against his consent
REPRIEVE or RESPITE is the withholding of a sentence for an interval of
time, a postponement of execution
(Note: The SC can also suspend the execution of their judgments, a valid
exercise of judicial power)
AMNESTY is a sovereign act granting oblivion or general pardon for past
acts, granted by a government generally to a class of persons who are subject
to trial and have not been convicted, usually for political offenses
PROBATION involves a disposition under which a defendant, after
conviction and before serving sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer
The restoration of the probationer to his civil rights takes place only after his
final discharge after the period of his probation.
PAROLE is the suspension of a sentence of a convict granted by the Board
of Pardons and Parole after serving the minimum term of the intermediate
sentence penalty, without granting a pardon, prescribing the terms upon
which the sentence shall be suspended and convict temporarily released
The power to grant pardon (subject to conditions and restrictions)
includes the power to revoke it.
LIMITATIONS
1. A person removed from office by way of impeachment cannot be
granted pardon
 EXCEPTION: After the officer impeached is
subjected to prosecution and convicted for an ordinary
criminal action, he can still be given a pardon for that
conviction
2. No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be granted
by the President without the favorable recommendation of
COMELEC
3. The President shall have the power to grant amnesty with the
concurrence of a majority of the members of Congress
4. Pardoning power can only be exercised after conviction by final
judgment.
5. A person convicted by legislative contempt cannot be granted
pardon. (Violation of separation of powers)
 Person convicted under the RPC for disturbing
parliamentary proceedings may be pardoned by the
President.
6. The civil liability of the convicted person may not be the subject
of pardon or remission. These pertain to the private offended
parties and not to the state.
7. Pardon does not work to restore offices forfeited.
8. Pardon may be given in administrative cases.
9. President may pardon criminal contempt.
 Criminal Contempt is a conduct that is directed against the
authority and dignity of a court or of a judge acting judicially, as
in unlawfully assailing or discrediting the authority and dignity of
the court or judge, or in doing a duly forbidden act
10. President cannot pardon civil contempt.
11. Pardoning power is not subject to judicial review.
12. Pardoning power is not subject to legislative control.
1987 CONSTITUTION ARTICLE VII
SECTION 18. The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion, when
the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Within forty-eight
hours from the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative
of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four hours
following such proclamation or suspension, convene in accordance
with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed
by any citizen, the sufficiency of the factual basis of the proclamation
of martial law or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons
judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within three days,
otherwise he shall be released.
8. POWER AS COMMANDER-IN-CHIEF
CALL-OUT THE ARMED FORCES TO PREVENT OR SUPPRESS,
LAWLESS VIOLENCE, INVASION OR REBELLION
- Factual basis may not be reviewed by the Judiciary
- Judicial review applies only if the power was exercised due to
grave abuse of discretion
SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS
- WRIT OF HABEAS CORPUS is an order from the court
directed to a person detaining another commanding him to
produce the body of the detained person in his custody at the
designated date, time and place, and to explain the cause of
detention
- Only the privilege, not the writ is suspended, so when the court
receives an application for the writ in proper form, it will issue the
writ as a matter of course. If it finds the that the cause of
apprehension or detention are included in the suspension, the
proceedings will be suspended
- REQUISITES FOR VALID EXERCISE
1. There must be invasion or rebellion, and
2. The public safety requires the suspension
- EFFECTS OF THE SUSPENSION OF THE PRIVILEGE
 Applies only to persons “judicially charged” for
rebellion or offenses inherent in or directly connected
to invasion or rebellion
 Person detained without being charged should be
charged within 3 days
 GENERAL RULE: No person can be arrested without
a warrant of arrest issued by a court of law
 EXCEPTION: 1) if arrest was made in
connection with a crime committed in the
presence of the detaining officer, 2) if the
privilege of the writ of habeas corpus were
suspended
 Suspension of the Writ extends the period by which a
public officer may detain a person without warrant
from 12, 18, or 36 (depending on the offense) to 72
hours
 If the person is not judicially charged or released after
72 hours, the officer may become liable under Art 125
RPC for delay of delivery of detained persons
 The right to bail is not suspended
PROCLAIM MARTIAL LAW
- No new powers are given to the President and no civil rights are
suspended
- REQUISITES
1. There must be invasion or rebellion, and
2. Public safety requires the proclamation of martial law all
over the Philippines or any part thereof
- Declaration of STATE OF REBELLION is an utter superfluity
devoid of any legal significance which, at most, only gives notice
to the naton that such a state exists and that the ADP may be called
to prevent or suppress it
- EFFECTS OF PROCLAMATION OF MARIAL LAW
 The operation of the Constitution, functioning of civil
courts and legislative assemblies cannot be suspended
 Cannot shut down civil institutions
 Military courts cannot try cases against civilians where
civil courts are open and functioning
 Proclamation of Martial Law does not automatically
suspend the privilege of the Writ of Habeas Corpus
 President may both proclaim martial law and suspend
the privilege but he must do them expressly and
separately
ROLE OF CONGRESS
a. When the President proclaims martial law or suspends the
privilege of the writ, such proclamation or suspension shall be
valid for 60 days unless sooner revoked by Congress.
b. Upon proclamation or suspension, Congress shall convene at once.
If not in session, it will convene within 24 hours.
c. Within 48 hours, the President shall submit a report in person or in
writing on the action he has taken.
d. Congress shall vote jointly by absolute majority to either
1. Revoke such proclamation or suspension
2. Extend it beyond the 60-day period, based upon the
request/initiative of the President
ROLE OF THE SUPREME COURT
a. SC may review the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ of habeas corpus, or the extension thereof
b. The question is WON President or Congress acted arbitrarily as to
amount to grave abuse of discretion amounting to lack or excess of
jurisdiction; not correctness but arbitrariness
1987 CONSTITUTION ARTICLE VI
SECTION 23 (2) In times of war or other national emergency, the
Congress may, by law, authorize the President, for a limited period
 and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress, such powers shall
cease upon the next adjournment thereof.
9. EMERGENCY POWERS
Includes grant of power to issue rules and regulations to carry-out a declared
national policy for a limited period of time.
The power ceases either
a. Upon the next adjournment of Congress
b. If Congress, by Resolution, withdraws such power
To grant the powers, Congress needs to pass a law. To withdraw it, only a
resolution is required.
CONDITIONS FOR A VALID EXERCISE
1. There must be a war or other national emergency
2. Congress, by law, grants emergency powers for a limited period of
time. Ceases upon withdrawal or adjournment of Congress
3. Subject to restrictions as Congress may prescribe
4. For the purpose of carrying out a declared national policy
1987 CONSTITUTION
ARTICLE VII 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. 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.
ARTICLE XII SECTION 21. Foreign loans may only be incurred in
accordance with law and the regulation of the monetary authority.
Information on foreign loans obtained or guaranteed by the
Government shall be made available to the public.
Section 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills,
shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
10. POWER TO CONTRACT AND GUARANTEE FOREIGN LOANS
1. The President has the power to contract or guarantee foreign loans
that increase public debt
2. Requires concurrence of the Monetary Board
3. Subject to limitations set by Congress; RA 4860 or Foreign Loans
Act
1987 CONSTITUTION ARTICLE VII
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.
11. POWER OVER FOREIGN AFFAIRS
a. Treaty Making Power
President as Head of State, hence, spokesman in foreign
relations
President and his subalterns cannot be compelled to publicly
reveal the official government position when it is still in the
process of negotiation. (An essential characteristic of
diplomacy is secrecy.)
TREATIES are normal documents involving political issues
or questions of national policy which are of a more
permanent character which require the ratification or
approval of Senate
Concurrence of 2/3 of Senate is required so that a treaty
entered into by the President becomes binding.
 EXCEPTION: Executive Agreements do not
require concurrence of Senate.
b. Deportation of Undesirable Aliens
The President is the sole judge of the facts and circumstances
which require the deportation of aliens and cannot be
required to show reasonable grounds for his belief to a court
of justice.
Preventive not penal in nature.
12. EXECUTIVE PRIVILEGE
It is the right of the President and high-level executive branch officers to
withhold information from Congress, the courts, and ultimately the public.
See notes above
13. POWER OVER LEGISLATION
a. Address Congress
1987 CONSTITUTION ARTICLE VII
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.
b. Prepare and Submit Budget
1987 CONSTITUTION ARTICLE VII
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.
BUDGET is the plan indicating the expenditures of government,
sources of financing, and receipts for revenue-raising measures. It
sets the upper limit of the appropriations bill to be passed by
Congress.
c. Veto Power (Article VI, Section 27, see Legislative)
GENERAL RULE: All bills must be approved by the
President before they become a law
 EXCEPTIONS:
1. when the veto of the President is overridden
by a 2/3 votes
2. bill passed is for the election of President
and Vice-President
3. Fixing of Tariff Rates (Article VI Section 28 (2), see
Legislative)
Reason of the delegation is the highly technical nature of
international commerce and the need to constantly and with
relative ease adapt the rates to prevailing commercial
standards.
13. IMMUNITY FROM SUIT (See discussions above)
 CONSTITUTIONAL COMMISSIONS
CIVIL SERVICE COMISSION COMMISSION ON ELECTION COMMISSION ON AUDIT
COMPOSITION 1 Chairman 1 Chairman 1 Chairman
2 Commissioners 6 Commissioners 2 Commissioners

QUALIFICATION a. Natural born citizens a. Natural born citizens a. Natural born citizens
b. At least 34 years at the time of the b. At least 34 years at the time of the b. At least 34 years at the time of the
appointment appointment appointment
c. Not candidates for any elective c. Not candidates for any elective c. Not candidates for any elective
position in the election immediately position in the election immediately position in the election immediately
preceding appointment preceding appointment preceding appointment
d. With proven capacity for public d. Holders of college degrees d. Certified Public Accountant with at
administration least 10 years of auditing experience
or a lawyer who practiced law for at
least 10 years
Majority, including the Chairman, must be At no time shall all Members of the
members of the Philippine Bar and Commission belong to the same
practiced law for at least 10 years profession

TERM Seven years without reappointment Seven years without reappointment Seven years without reappointment

Rotational Scheme Rotational Scheme Rotational Scheme

Chair seven years 3 Members seven years Chair seven years
1 Comm five years 2 Members five years 1 Comm five years
1 Comm three years 2 Members three years 1 Comm three years

APPOINTMENT Appointed by the President and needs the Appointed by the President and needs the Appointed by the President and needs the
confirmation of the Committee on confirmation of the Committee on confirmation of the Committee on
Appointments Appointments Appointments

Appointment to any vacancy shall be only Appointment to any vacancy shall be only Appointment to any vacancy shall be only
for the unexpired portion of the term of for the unexpired portion of the term of the for the unexpired portion of the term of
the predecessor predecessor the predecessor

DISQUALIFICATI Same as President and VP and members Same as President and VP and members of Same as President and VP and members
ON of Congress Congress of Congress

Hold any other office or employment Hold any other office or employment Hold any other office or employment

Engage in the practice of any profession Engage in the practice of any profession Engage in the practice of any profession

Enaage in the active management or Enaage in the active management or control Enaage in the active management or
control of any business which in any way of any business which in any way may be control of any business which in any way
may be affected by functions of his office affected by functions of his office may be affected by functions of his office

Be financially interested, directly or Be financially interested, directly or Be financially interested, directly or

indirectly, in any contract with, or in any indirectly, in any contract with, or in any indirectly, in any contract with, or in any
franchise or privilege granted by, the franchise or privilege granted by, the franchise or privilege granted by, the
Government Government Government

REMOVAL Impeachment Impeachment Impeachment

APPOINTMENT Appoint officials and employees in Appoint officials and employees in Appoint officials and employees in
OF PERSONNEL accordance with Civil Service Law accordance with Civil Service Law accordance with Civil Service Law

FISCAL Enjoy fiscal autonomy, subject to past- Enjoy fiscal autonomy, subject to past-audit Enjoy fiscal autonomy, subject to past-
AUTONOMY audit by COA; Approved annual by COA; Approved annual appropriations audit by COA; Approved annual
appropriations shall be automatically and shall be automatically and regularly appropriations shall be automatically and
regularly released released regularly released

Funds certified as necessary for regular and

special elections, plebiscites, initiatives,
referenda, and recalls shall be provided in
regular or special appropriations and
released automatically

CIVIL SERVICE COMISSION COMMISSION ON ELECTION COMMISSION ON AUDIT

SUBMISSION OF Shall submit to the President and Recommend to Congress effective Submit to the President and Congress an
REPORTS Congress and annual report on its measures to minimize election spending, annual report covering the financial
personnel programs prevent and penalize all forms of election condition and operation of the
frauds, offenses, malpractices, and nuisance Government subject to its audit, and
candidates recommend measures necessary to
improve their effectiveness and efficiency
Recommend to the President the removal of
any officer or employee it has deputized , or
imposition of any other disciplinary action,
for violation or disregard of, or
 disobedience to, it directive, order, or
decision

Submit to the President and the Congress a

comprehensive report on the conduct of
each election, plebiscite, initiative,
referendum or recall

RULE MAKING En banc may promulgate its own En banc may promulgate its own En banc may promulgate its own
procedural rules, provided they do not procedural rules, provided they do not procedural rules, provided they do not
diminish, increase or modify substantive diminish, increase or modify substantive diminish, increase or modify substantive
rights rights rights

Subject to the disapproval of the Supreme Subject to the disapproval of the Supreme Subject to the disapproval of the Supreme
Court Court Court

DECISIONS Decide by majority vote of all members Decide by majority vote of all members Decide by majority vote of all members
within 60 days from the date of its within 60 days from the date of its within 60 days from the date of its
submission submission submission

May sit En Banc or in two divisions. All

such election cases shall be heard and
decided by division, MR shall be decided
by the En Banc

APPEALS Petition for review on certiorari to the Petition for review on certiorari to the Petition for review on certiorari to the
Supreme Court within 30 days from Supreme Court within 30 days from receipt Supreme Court within 30 days from
receipt receipt

Appeal may also be brought to the Court

of Appeals by virtue of RA 7902 within
15 days from receipt
 CIVIL SERVICE COMMISSION Subject to audit by COA Subject to Post-Audit only

1987 CONSTITUTION, ARTICLE IX-B SEC has jurisdiction

SECTION 3. The Civil Service Commission, as the central personnel

agency of the Government, shall establish a career service and adopt
measures to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It shall strengthen
the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability. It shall
submit to the President and the Congress an annual report on its
personnel programs.
CAREER SERVICE is characterized by entrance based on merit and fitness
determined as far as practicable by examinations and based on highly
technical qualifications
 EXCEPTIONS
1. POLICY DETERMINING. Involves discretion in the
drawing up and formulation of policies, programs and goals
of government, as reflective of the executive prerogative to
chart the course of national development

2. PRIMARILY CONFIDENTIAL. It is based not only on

The central personnel agency of the government:
confidence on the aptitude of the appointee for duties of the
a. establish a career service and adopt measures to promote morale,
office but principally on close intimacy which insures
efficiency, integrity, responsiveness, progressiveness, and courtesy
freedom of intercourse without embarrassment, or freedom
in the civil service
from misgivings or betrayals of personal trust or confidential
b. strengthen the merit and rewards system
matters of state
c. integrate all human resources development programs for all levels
and ranks, and
Termination can be justified on the ground of loss of
d. institutionalize a management climate conducive to public
confidence because their cessation from office involves no
accountability
removal but merely the expiration of the term of office.
CSC has the power to hear and decide administrative cases instituted
3. HIGHLY TECHNICAL. When the office requires the
before it directly or on appeal including contested appointments. (Admin
possession of highly technical skill or training in the supreme
Code)
or superior degree, a skill that is not ordinarily possessed by
a common man
The power of CSC includes the authority to recall an appointment initially
approved in disregard of applicable provisions in the Civil Service rules and
Loss of confidence is not ground for dismissing a person in
regulations.
such highly technical position
SECURITY OF TENURE. No officer or employee of the civil service
CAREER SERVICE LEVELS
shall be removed or suspended, except for cases provided by law.
1. FIRST LEVEL shall include clerical, trades, crafts, and custodial
service positions which involve non-professional or sub-
1987 CONSTITUTION
professional work requiring less than four years of collegiate
ARTICLE IX (B) SECTION 2. studies
1. The civil service embraces all branches, subdivisions, 2. SECOND LEVEL shall include professional, technical, and
instrumentalities, and agencies of the Government, scientific positions which involve professional, technical or
including government-owned or controlled corporations scientific work requiring at least four years of college work up to
with original charters. Division Chief level; and
3. THIRD LEVEL shall cover positions in the CAREER
ARTICLE XII SECTION 16. The Congress shall not, except by EXECUTIVE SERVICE
general law, provide for the formation, organization, or regulation of a. QUALIFICATIONS
private corporations. Government-owned or controlled corporations 1. Pass the CES Examination
may be created or established by special charters in the interest of the 2. Be conferred CES Eligibility
common good and subject to the test of economic viability. 3. Comply with other requirements prescribed by the CES
Board
4. Be appointed to a CES rank by the President
Civil Service covers all branches, instrumentalities, subdivisions and
b. WON position belongs to CES
agencies of government including GOCCs created under a special
1. Position belongs to the Career Service
charter.
2. Position is higher than Division Chief
 EXCLUDED: GOCCs created under the Corporation Code.
3. Position entails performance of executive or
managerial functions
RULES ON GOCCs
GOCCs with Original Charter GOCCs created under
NON-CAREER SERVICE is characterized by entrance other than usual
Corporation Code
tests and their tenure is limited by law or coterminous to the appointing
Employees covered by Civil Employees covered by Labor Code
authority or subject to his pleasure
Service Law
Employees CANNOT go on strike Employees can go on strike 1. Elective officials and their personal or confidential staff
2. Secretaries and other officials and Cabinet rank who hold their
positions at the pleasure of the President and their personal or
Ombudsman has jurisdiction over Ombudsman has jurisdiction over confidential staffs
offenses committed by officers and offenses committed by officers and 3. Chairman and members of commissions and boards with fixed
employees employees terms of office and their personal or confidential staff
4. Contractual personnel
Ombudsman may order to perform May NOT be ordered by 5. Emergency and seasonal personnel
and expedite an act or duty Ombudsman
required by law or to stop, prevent CONDITIONS OF EMPLOYMENT IN THE CIVIL SERVICE
and correct any abuse or 1. Oath of Allegiance to the Constitution
impropriety in the performance of 2. Merit System
duties
On Oath of Allegiance
 1987 CONSTITUTION 1987 CONSTITUTION ARTICLE IX-B

ARTICLE IX-B SECTION 4. All public officers and employees shall SECTION 2 (3). No officer or employee of the civil service shall be
take an oath or affirmation to uphold and defend this Constitution. removed or suspended except for cause provided by law.

ARTICLE XI SECTION 18. Public officers and employees owe the

State and this Constitution allegiance at all times and any public
officer or employee who seeks to change his citizenship or acquire the
status of an immigrant of another country during his tenure shall be
dealt with by law.
On Merit System
1987 CONSTITUTION ARTICLE IX-B
SECTION 2 (2). Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as practicable,
and, except to positions which are policy-determining, primarily
confidential, or highly technical, by competitive examination.
RIGHT TO SELF-ORGANIZATION
1987 CONSTITUTION ARTICLE III
SECTION 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.
RETIREMENT AND OTHER BENEFITS
1987 CONSTITUTION ARTICLE XVI
SECTION 8. The State shall, from time to time, review to increase the
pensions and other benefits due to retirees of both the government
and the private sectors.

PROHIBITION AND LIMITATIONS

1. No candidates who lost in any election within one year after such
election be appointed to any office in the Governments
2. No elective official shall be eligible for appointment or
designation to any public office or position during his tenure
3. No appointive official shall hold any other office or employment
in the government
 EXCEPTION: Unless otherwise allowed by law or the
primary functions of his position
4. Congress shall provide for the standardization of compensation of
government officials and employees

DOUBLE COMPENSATION AND FOREIGN GIFT

1987 CONSTITUTION ARTICLE IX-B

SECTION 8. No elective or appointive public officer or employee

shall receive additional, double, or indirect compensation, unless
specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from
any foreign government.

Pensions or gratuities shall not be considered as additional, double, or

indirect compensation.

BAN ON PARTISAN POLITOCAL ACTIVITIES

1987 CONSTITUTION

ARTICLE IX-B SECTION 2 (4). No officer or employee in the civil

service shall engage, directly or indirectly, in any electioneering or
partisan political campaign.

ARTICLE XVI SECTION 5 (3). The armed forces shall be insulated

from partisan politics. No member of the military shall engage,
directly or indirectly, in any partisan political activity, except to vote.

EXCEPTION: Ban on partisan political activities do not apply to

members of the civil service who hold political positions.
a. President
b. Vice President
c. Executive Secretary, Department Secretaries and other Members
of the Cabinet
d. All other elective officials at all levels
e. Those in the personal and confidential staff of the above officials

 EXCEPTION TO EXCEPTION: It shall be unlawful for them

to solicit contributions from their subordinates or subject them to
any of the acts involving subordinates prohibited in the Election
Code.

REMOVAL OR SUSPENSION ONLY FOR CAUSE

 COMMISSION ON ELECTIONS c. To call for the holding of special elections
d. Deny due course or cancel a certificate of candidacy
1987 CONSTITUTION ACRTICLE IX-C e. To correct manifest errors in the certificate of canvass or
election returns
SECTION 2. The Commission on Elections shall exercise the 2. Decide administrative questions affecting elections, except the
following powers and functions: right to vote
3. File petitions for inclusion or exclusion of voters
1. Enforce and administer all laws and regulations relative to 4. Prosecute election law violators
the conduct of an election, plebiscite, initiative, 5. Recommend pardon, amnesty, parole or suspension of sentence of
referendum, and recall.
election law violators
6. Deputize law enforcement agencies and recommend their removal
2. Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all 7. Register political parties, organizations and coalitions
elective regional, provincial, and city officials, and 8. Register organizations under the party-list system
appellate jurisdiction over all contests involving elective 9. Accredit citizens arms
municipal officials decided by trial courts of general 10. Regulate public utilities and media information
jurisdiction, or involving elective barangay officials decided 11. Decide election contests and cases
by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on

election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.

3. Decide, except those involving the right to vote, all

questions affecting elections, including determination of the
number and location of polling places, appointment of
election officials and inspectors, and registration of voters.

4. Deputize, with the concurrence of the President, law

enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.

5. Register, after sufficient publication, political parties,

organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission
on Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere
to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.

Financial contributions from foreign governments and

their agencies to political parties, organizations, coalitions,
or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be
prescribed by law.

6. File, upon a verified complaint, or on its own initiative,

petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.

7. Recommend to the Congress effective measures to

minimize election spending, including limitation of places
where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.

8. Recommend to the President the removal of any officer or

employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.

9. Submit to the President and the Congress, a comprehensive

report on the conduct of each election, plebiscite, initiative,
referendum, or recall.

POWERS AND FUNCTIONS

1. Enforce election laws
a. To declare a failure of elections
b. To order manual recount of votes counted under an
automated election system
 COMMISSION ON AUDIT

1987 CONSTITUTION ACRTICLE IX-D

SECTION 2.
1. The Commission on Audit shall have the power, authority,
and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or
pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-
owned or controlled corporations with original charters,
and on a post- audit basis:

a. constitutional bodies, commissions and offices that

have been granted fiscal autonomy under this
Constitution;
b. autonomous state colleges and universities;
c. other government-owned or controlled corporations
and their subsidiaries; and
d. such non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through the
Government, which are required by law or the
granting institution to submit to such audit as a
condition of subsidy or equity. However, where the
internal control system of the audited agencies is
inadequate, the Commission may adopt such
measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the
deficiencies. It shall keep the general accounts of the
Government and, for such period as may be provided
by law, preserve the vouchers and other supporting
papers pertaining thereto.

2. The Commission shall have exclusive authority, subject to

the limitations in this Article, to define the scope of its audit
and examination, establish the techniques and methods
required therefor, and promulgate accounting and auditing
rules and regulations, including those for the prevention
and disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures or uses of
government funds and properties.

POWERS AND FUNCTIONS

1. The Commission on Audit shall have the power, authority, and
duty to examine, audit, and settle all accounts pertaining to the
revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled
corporations with original charters,

2. on a post- audit basis:

a. constitutional bodies, commissions and offices that have
been granted fiscal autonomy under this Constitution;
b. autonomous state colleges and universities;
c. other government-owned or controlled corporations and their
subsidiaries; and
d. such non-governmental entities receiving subsidy or equity,
directly or indirectly, from or through the Government,
which are required by law or the granting institution to
submit to such audit as a condition of subsidy or equity.

NO EXEMPTION FROM AUDIT REQUIREMENT

1987 CONSTITUTION ARTICLE IX-D

SECTION 3. No law shall be passed exempting any entity of the

Government or its subsidiaries in any guise whatever, or any
investment of public funds, from the jurisdiction of the Commission
on Audit.
 ANTI-GRAFT BODIES
1987 CONSTITUTION ARTICLE XI
SECTION 4. The present anti-graft court known as the
Sandiganbayan shall continue to function and exercise its jurisdiction
as now or hereafter may be provided by law.
SECTION 5. There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military
establishment may likewise be appointed.
SECTION 6. The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be appointed by the
Ombudsman, according to the Civil Service Law.
SECTION 7. The existing Tanodbayan shall hereafter be known as
the Office of the Special Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be provided by law,
except those conferred on the Office of the Ombudsman created
under this Constitution.
SANDIGANBAYAN
- COMPOSITION
1. Chairman
2. 15 members
- 5 Divisions, 3 Members each
- Office of the Ombudsman through its Special Prosecutor shall
represent the People of the Philippines
- Decisions and final orders are appealable to the Supreme Court by
petition for review on certiorari raising pure questions of law
(Rule 45)
- JURISDICTION. The Sandiganbayan shall exercise exclusive
original jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise
known as the Anti-graft and Corrupt Practices Act, Republic
Act No. 1379, and Chapter II, Section 2, Title VII, Book II
of the Revised Penal Code, where one or more of the accused
are officials occupying positions in the government whether
in a permanent, acting or interim capacity, at the time of the
commission of the offense
b. Other offenses orfelonies whether simple or complexed with
other crimes committed by the public officials and
employees mentioned in subsection a of this section in
relation to their office.
c. Civil and criminal cases filed pursuant to and in connection
with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
In cases where none of the accused are occupying positions
corresponding to salary grade '27' or higher, exclusive original
jurisdiction thereof shall be vested in the proper trial court.
The Sandiganbayan shall exercise exclusive appellate jurisdiction
over final judgments, resolutions or orders or regional trial courts
whether in the exercise of their own original jurisdiction or of their
appellate jurisdiction as herein provided.
The Sandiganbayan shall have exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in
cases filed or which may be filed under Executive Order Nos.
1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction
over these petitions shall not be exclusive of the Supreme Court.
OMBUDSMAN
- Was known as Tanodbayan in the 1973 Constitution
- The Tanodbayan (73) is now the Special Prosecutor (87)
- COMPOSITION
1. Ombudsman
2. 5 Deputy Ombudsman (Overall, Luzon, Visayas, Mindanao,
Military)
Rank of Chairman and members of Constitutional Commissions;
receive the same salary which may not be decreased during their
term of office
- QUALIFICATIONS
1. Natural-born citizens
2. At least 40 years at the time of appointment
3. Of recognized probity and independence
4. Member of the Philippine Bar
5. Must not have been candidates for any elective office in the
immediately preceding elections
6. In the case of the Ombudsman, must have, for 10 years or
more, been a judge or engaged in the practice of law in the
Philippines
- DISQUALIFICATIONS. Same disqualifications and
prohibitions as Constitutional Commission members
- The Ombudsman and his Deputies shall not be qualified to run for
any office in the election immediately succeeding their cessation
from office
- APPOINTMENT. Appointed by the President from a list of at
least 6 nominees prepared by the JBC, and from a list of 3
nominees for every vacancy thereafter; vacancies shall be filled
within 3 months after they occur
- TERM. 7 years without reappointment
- REMOVAL. The Ombudsman may be removed from office on
impeachment. His deputies may be removed by ____________ but
on the same grounds as that of impeachment
- JURISDICTION
1987 CONSTITUTION ARTICLE XI
SECTION 12. The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner
against public officials or employees of the Government, or any
subdivision, agency or instrumentality thereof, including government-
owned or controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the result thereof.
- POWERS AND FUNCTIONS
1987 CONSTITUTION ARTICLE XI
SECTION 13. The Office of the Ombudsman shall have the following
powers, functions, and duties:
1. Investigate on its own, or on complaint by any person, any
act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
2. Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original
charter, to perform and expedite any act or duty required
by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
3. Direct the officer concerned to take appropriate action
against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine,
 censure, or prosecution, and ensure compliance therewith.

4. Direct the officer concerned, in any appropriate case, and

subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the
disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for
appropriate action.

5. Request any government agency for assistance and

information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent
records and documents.

6. Publicize matters covered by its investigation when

circumstances so warrant and with due prudence.

7. Determine the causes of inefficiency, red tape,

mismanagement, fraud, and corruption in the Government
and make recommendations for their elimination and the
observance of high standards of ethics and efficiency.

8. Promulgate its rules of procedure and exercise such other

powers or perform such functions or duties as may be
provided by law.

- FISCAL AUTONOMY AND APPOINTMENT OF

PERSONNEL
1987 CONSTITUTION ARTICLE XI

SECTION 14. The Office of the Ombudsman shall enjoy fiscal

autonomy. Its approved annual appropriations shall be automatically
and regularly released.

SECTION 6. The officials and employees of the Office of the

Ombudsman, other than the Deputies, shall be appointed by the
Ombudsman, according to the Civil Service Law.
 ECONOMIC AGENCIES integrated and coordinated programs and policies for
national development
1987 CONSTITUTION ARTICLE XII 2. recommend to Congress the passage of law reserving to
citizens of the Philippines or to corporations or associations
SECTION 20. The Congress shall establish an independent central at least 60% Filipino capital, or such higher percentage as
monetary authority, the members of whose governing board must be Congress may prescribe, certain areas of investments, when
natural-born Filipino citizens, of known probity, integrity, and the national interest dictates
patriotism, the majority of whom shall come from the private sector.
They shall also be subject to such other qualifications and disabilities
as may be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall have
supervision over the operations of banks and exercise such regulatory
powers as may be provided by law over the operations of finance
companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the

Philippines operating under existing laws, shall function as the central
monetary authority.

CENTRAL MONETARY AUTHORITY

- The Central Bank of the Philippines which is now the BANGKO
SENTRAL NG PILIPINAS through the CENTRAL
MONETARY AUTHORITY is the central monetary authority

- QUALIFICATION OF MEMBERS OF THE GOVERNING

BOARD
1. natural-born Filipino citizens,
2. of known probity, integrity, and patriotism,
3. the majority of whom shall come from the private sector.
4. subject to such other qualifications and disabilities as may be
prescribed by law

- FUNCTIONS
1. provide policy direction in the areas of money, banking, and
credit.
2. have supervision over the operations of banks
3. exercise such regulatory powers as may be provided by law
over the operations of finance companies and other
institutions performing similar functions.
4. Pass regulations concerning the incurring of foreign loans
5. Concur with the President, through the Monetary Board, on
all foreign loans subject to such limitations as may be
provided by law
6. 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.

1987 CONSTITUTION ARTICLE XII

SECTION 9. The Congress may establish an independent economic

and planning agency headed by the President, which shall, after
consultations with the appropriate public agencies, various private
sectors, and local government units, recommend to Congress, and
implement continuing integrated and coordinated programs and
policies for national development.

Until the Congress provides otherwise, the National Economic and

Development Authority shall function as the independent planning
agency of the government.

ECONOMIC PLANNING AGENCY

- NATIONAL ECONOMIC AND DEVELOPMENT
AUTHORITY is the independent economic and planning agency
of the government
- Headed by the President

- FUNCTIONS
1. after consultations with the appropriate public agencies,
various private sectors, and local government units,
recommend to Congress, and implement continuing
 NATIONAL COMMISSIONS 8. Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
COMMISSION ON HUMAN RIGHTS evidence is necessary or convenient to determine the truth in
1987 CONSTITUTION ARTICLE XIIi any investigation conducted by it or under its authority;

SECTION 17. 9. Request the assistance of any department, bureau, office, or

1. There is hereby created an independent office called the agency in the performance of its functions;
Commission on Human Rights.
10. Appoint its officers and employees in accordance with law;
2. The Commission shall be composed of a Chairman and and
four Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members of
11. Perform such other duties and functions as may be provided
the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be by law.
provided by law.

3. Until this Commission is constituted, the existing NATIONAL LANGUAGE COMMISSION

Presidential Committee on Human Rights shall continue to
exercise its present functions and powers.
4. The approved annual appropriations of the Commission
shall be automatically and regularly released.
1987 CONSTITUTION ARTICLE XIV
SECTION 9. The Congress shall establish a national language
commission composed of representatives of various regions and
disciplines which shall undertake, coordinate, and promote researches
for the development, propagation, and preservation of Filipino and
other languages.

- COMPOSITION
1. Chairman
2. 4 Members NATIONAL POLICE COMMISSION
1987 CONSTITUTION ARTICLE XVI
- QUALIFICATION
1. natural-born citizens of the Philippines SECTION 6. The State shall establish and maintain one police force,
2. a majority of whom shall be members of the Bar. which shall be national in scope and civilian in character, to be
administered and controlled by a national police commission. The
3. as maybe provided by law
authority of local executives over the police units in their jurisdiction
shall be provided by law.
- TERM to be provided by law

- POWERS AND FUNCTIONS (Article XIII Section 18). The

Commission on Human Rights shall have the following powers COMMISSION ON INDIGENOUS CULTURAL COMMUNITIES
and functions: 1987 CONSTITUTION ARTICLE XVI
1. Investigate, on its own or on complaint by any party, all SECTION 12. The Congress may create a consultative body to advise
forms of human rights violations involving civil and political the President on policies affecting indigenous cultural communities,
rights; the majority of the members of which shall come from such
communities.
2. Adopt its operational guidelines and rules of procedure, and
cite for contempt for violations thereof in accordance with
the Rules of Court; RA 8371 – Indigenous Peoples Rights Act of 1997; created the NATIONAL
COMMISSION ONINDIGENOUS PEOPLES
3. Provide appropriate legal measures for the protection of - Independent agency under the Office of the President
human rights of all persons within the Philippines, as well as - COMPOSITION: 7 Commissioners belonging to ICCs/IPs
Filipinos residing abroad, and coming from
1. Region I and the Cordilleras
provide for preventive measures and legal aid services to the 2. Region II
under-privileged whose human rights have been violated or 3. Rest of Luzon
need protection; 4. Island Groups (Mindoro, Palawan, Romblon, Panay, rest of
Visayas)
4. Exercise visitorial powers over jails, prisons, or detention 5. Northern and Western Mindanao
facilities; 6. Southern and Eastern Mindanao
7. Central Mindanao
5. Establish a continuing program of research, education, and
information to enhance respect for the primacy of human INDIGENOUS CULTURAL COMMUNITIES or INDIGENOUS
rights; PEOPLES refer to a group of people or homogenous societies who have
continuously lived as an organized community on communally bounded and
6. Recommend to Congress effective measures to promote defined territory
human rights and to provide for compensation to victims of
violations of human rights, or their families; IPRA grants the ICCs/IPs the ownership and possession of their ancestral
domain and ancestral lands and defines the extent of these lands and
The law shall provide for penal and civil sanctions for domains:
violations of this Section as well as compensation to the a. Right to develop lands and natural resources
rehabilitation of victims of torture or similar practices, and b. Right to stay in the territories
their families. (Article III Section 12 (4)) c. Right in case of displacement
d. Right to safe and clean air and water
7. Monitor the Philippine Government's compliance with e. Right to claim parts of reservations
international treaty obligations on human rights; f. Right to resolve conflict
g. Right to ancestral lands, which include
 Right to transfer land/property to/among members of
the same ICCs/IPs subject to customary laws and
traditions of the community concerned
 Right to redemption for a period not exceeding 15
years from the date of transfer, if the transfer is to a
non-member, and is tainted by vitiated consent, of for
an unconscionable consideration
 PRINCIPLES AND POLICIES OF THE PHILIPPINE
GOVERNMENT
PREAMBLE
1987 CONSTITUTION PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God,
in order to build a just and humane society, and 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, do ordain and promulgate this
Constitution.
The preamble cannot be regarded as a source of any substantive power.
Expounds the nature, extent and application of the powers conferred by the
constitution.
PRINCIPLES
1987 CONSTITUTION
ARTICLE II SECTION 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and all
government authority emanates from them.
ARTICLE V SUFFRAGE
SECTION 1. Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote, for
at least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on the
exercise of suffrage.
SECTION 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as the
Commission on Elections may promulgate to protect the secrecy of
the ballot.
ARTICLE VI. 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.
SOVEREIGNTY OF THE PEOPLE &
REPUBLICANISM
SOVEREIGN POWER. The people are the possessors of sovereign power
and the source of all government authority,
People’s DIRECT exercise of sovereign power:
1. When they elect officials to whom they delegate the right of
government
2. Participating in plebiscites
3. Initiative and referendum
People’s INDIRECT exercise of sovereign power: through the medium of
the duly elected and appointed public officials
RULE OF MAJORITY
1. Absolute majority = 50% + 1
2. Qualified majority = provided by constitution or law (e.g. 2/3 vote
of senate to concur treaty)
3. Plurality = highest number of votes (e.g. elections)
An ineligible candidate who receives the highest number of votes is a
wrongful winner. He could not even have been a candidate in the first place.
Ineligibility does not only pertain to his qualifications as a candidate but
necessarily affects his right to hold public office. The number of ballots cast
in his favor cannot cure the defect of failure to qualify with the substantive
legal requirements of eligibility to run for public office. A void COC cannot
produce a valid effect. The ineligible “first placer” is disqualified. And the
“second placer” is the real first placer as he obtained the highest number of
votes from among the qualified candidates. (Macquiling v Comelec, GR
195649 (2013))
RULE OF LAW. No man in the country is so high that he is above the law;
that no officer of the law may set the law at defiance with impunity; that all
officers of the government are creates of law and are bound to obey it.
1987 CONSTITUTION ARTICLE II
SECTION 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.
ADHERENCE TO INTERNATIONAL LAW
RENUNCIATION OF WAR. Based on Kellogg-Brian Pact of 1928.
- War of aggression normally for territorial aggrandizement is
renounced.
- War to defend its honor and integrity is allowed.
- Only Congress may declare the existence of a State of War.
ADOPTION OF INTERNATIONAL LAW
- Doctrine of Incorporation: The generally accepted principles of
international law become part of the law of the land without need
of a law to be passed by Congress (followed in the Philippines)
- Doctrine of Transformation: Legislative may have to pass a
statute adopting a treaty before it becomes part of their body of
laws.
- “Generally accepted principles of international law” will have
to be ascertained by the courts
If there is conflict between Philippine law and international law
1. Harmonize the laws
2. If irreconcilable, Philippine law must be upheld
SOFT LAWS or non-binding norms, principles and practices that influence
state behavior,
JUS COGENS (literally, "compelling law") refers to norms that command
peremptory authority, superseding conflicting treaties and custom; considered
peremptory in the sense that they are mandatory, do not admit derogation, and
can be modified only by general international norms of equivalent authority
1987 CONSTITUTION ARTICLE II
SECTION 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory.
SUPREMACY OF CIVILIAN AUTHORITY
Mechanisms to Civilian Supremacy over Military
1. Installation of the President who is the highest civilian authority as
the Commander-in-Chief of the Military
2. AFP members are required to swear to uphold and defend the
Constitution, which is the fundamental law of the civil government
3. AFP is required to have respect for people’s rights in the
performance of their duty
4. Professionalism in the AFP
5. Insulation of the AFP from partisan politics
6. Prohibition against the appointment of an AFP member in active
service to a civilian position
 7. Compulsory retirement of officers without extension of service
8. Requirement of proportional recruitment from all provinces and
cities, so as to avoid any regional cliques from forming within
AFP
9. A 3-year limitation on the tour of duty of the Chief of Staff;
Extendible by the President in case of emergency but depends on
Congressional declaration of emergency
10. Establishment of a police force that is not only civilian in
character but also under the local executives
1987 CONSTITUTION
ARTICLE II
SECTION 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.
SECTION 5. The maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy.
ARTICLE XVI
SECTION 4. The Armed Forces of the Philippines shall be composed
of a citizen armed force which shall undergo military training and
serve as may be provided by law. It shall keep a regular force
necessary for the security of the State.
GOVERNMENT AS PROPTECTOR OF THE PEOPLE &
PEOPLE AS DEFENDERS OF THE STATE
A citizen cannot invoke exemption from rendering military and civil service
on the ground of religion as this provision is based on the inherent right of
every state to existence and self-preservation.
Without violating the Constitution, a person may be compelled by force, if
need be, against his will, against his pecuniary interests, and even against his
religious or political convictions, to take place in the ranks of the army....
(Jacobson v Massachusetts as cited in People v Lagman & Sosa, 66 PHIL
13 (1938))
RESIDENT ALIENS who are permanently residing here in the Philippines
may be required to render military service because of the following:
a. They owe temporary allegiance to the Philippines for their
protection
b. The Philippines exercises sovereignty over all persons, whether
citizens or aliens residing in the country
c. It is an obligation inherent in his membership in the political
community and is the price he has to pay for the protection of the
laws and the benefits received from the state of which he is a part
d. Constitution: The government may call upon the people, not
“Filipino people” only
1987 CONSTITUTION
ARTICLE II SECTION 6. The separation of Church and State shall
be inviolable.
ARTICLE VI. SECTION 28 (3). Charitable institutions, churches and
personages or convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious, charitable, or educational
purposes shall be exempt from taxation.
ARTICLE VI. SECTION 29 (2). No public money or property shall
be appropriated, applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government orphanage or
leprosarium.
ARTICLE XIV SECTION 3 (3). At the option expressed in writing by
the parents or guardians, religion shall be allowed to be taught to
their children or wards in public elementary and high schools within
the regular class hours by instructors designated or approved by the
religious authorities of the religion to which the children or wards
belong, without additional cost to the Government
ARTICLE XIV SECTION 4(2). Educational institutions, other than
those established by religious groups and mission boards, shall be
owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned
by such citizens. The Congress may, however, require increased
Filipino equity participation in all educational institutions. The
control and administration of educational institutions shall be vested
in citizens of the Philippines.
No educational institution shall be established exclusively for aliens
and no group of aliens shall comprise more than one-third of the
enrollment in any school. The provisions of this sub section shall not
apply to schools established for foreign diplomatic personnel and
their dependents and, unless otherwise provided by law, for other
foreign temporary residents.
SEPARATION OF CHURCH AND STATE
Mechanism to ensure Separation of Church and State
1. Non-establishment Clause. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise thereof.
(Art II Section 5)
2. Free Exercise Clause. The free exercise and enjoyment of
religious profession and worship, without discrimination or
preference, shall forever be allowed. (Art II Section 5)
3. Religious Test Clause. No religious test shall be required for the
exercise of civil or political rights. (Art II Section 5)
4. Disallowance of Religious Sector from being registered as
political party (Art IX-C, Section 2(5))
TEST OF RELIGIOUS FREEDOM
1. Benevolent neutrality or accommodation, whether mandatory or
permissive, is the spirit, intent and framework underlying the
religion clauses in the Constitution
2. Compelling state interest test, the strictest test, must be applied
in declining plea for exemption based on Free Exercise Clause
BENEVOLENT NEUTRALITY THEORY believes that the
accommodation of religion may be allowed not to promote the government’s
favored form of religion but to allow individuals and groups to exercise their
religion without hindrance; the purpose of accommodations is to remove a
burden on or facilitate the exercise a person’s or institution’s religion
LEMON TEST (to apply benevolent neutrality). A regulation is
constitutional when
1. it has a secular legislative purpose;
2. it neither advances nor inhibits religion; and
3. it does not foster an excessive entanglement with religion.
COMPELLING STATE INTEREST TEST
1. FIRST: "Has the statute or government action created a
burden on the free exercise of religion?"
- The courts often look into the sincerity of the religious
belief, but without inquiring into the truth of the belief
because the Free Exercise Clause prohibits inquiring
about its truth.
- The sincerity of the claimant’s belief is ascertained to
avoid the mere claim of religious beliefs to escape a
mandatory regulation.
- The court may also look into the centrality of those
beliefs (central to their way of life and faith; cardinal
principle)
 2. SECOND: “Is there a sufficiently compelling state interest to
justify this infringement of religious liberty?"
- This step involves balancing, i.e., weighing the interest
of the state against religious liberty to determine which
is more compelling under the particular set of facts.
- Government has to establish that its purposes are
legitimate for the state and that they are compelling. It
must precisely show how and to what extent those
objectives will be undermined if exemptions are
granted.
- The person claiming religious freedom, on the other
hand, will endeavor to show that the interest is not
legitimate or that the purpose, although legitimate, is
not compelling compared to infringement of religious
liberty.

3.
THIRD: “Has the state in achieving its legitimate purposes
used the least intrusive means possible so that the free exercise
is not infringed any more than necessary to achieve the
legitimate goal of the state?"
- The analysis requires the state to show that the means
in which it is achieving its legitimate state objective is
the least intrusive means
GENERAL RULE: Separation of State and Church
 EXCEPTIONS
1. Exemption of religious institutions from taxation
2. When priests or chaplains assigned to the Armed Forces, or to any
penal institution or government orphanage or leprosarium
3. Optional religious instruction during regular class hour in public
elementary and high schools with the written request of parents;
no cost to government
4. Exemption of sectarian schools from 60% Filipino ownership

EDUCATIONAL INSTITUTIONS
1. Educational institutions shall be at least 60% Filipino owned;
Congress may increase Filipino equity
 EXCEPTION: other than those established by
religious groups and mission boards

2. The control and administration of educational institutions shall be

vested in citizens of the Philippines.

3. No educational institution shall be established exclusively for

aliens; no group of aliens shall comprise more than one-third of
the enrollment in any school.
 EXCEPTION: shall not apply to schools established
for foreign diplomatic personnel and their dependents
and, unless otherwise provided by law, for other
foreign temporary residents
 STATE POLICIES
1987 CONSTITUTION
ARTICLE II SECTION 7. The State shall pursue an independent
foreign policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
ARTICLE II SECTION 8. The Philippines, consistent with the
national interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
ARTICLE XVII. Section 25. After the expiration in 1991 of the
Agreement between the Republic of the Philippines and the United
States of America concerning military bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except
under a treaty duly concurred in by the Senate and, when the
Congress so requires, ratified by a majority of the votes cast by the
people in a national referendum held for that purpose, and recognized
as a treaty by the other contracting State.
INDEPENDENT FOREIGN POLICY &
A NUCLEAR-FREE PHILIPPINES
The issue of whether or not to allow nuclear weapons depends on Congress.
(consistent with national interest)
All foreign military bases had been eradicated in 1991. The Constitution,
however, allows their establishment.
1. Treaty duly concurred by Senate
2. When Congress so requires, ratified by a majority of votes cast by
the people in a national referendum
3. Recognized by treaty by other contracting State
1987 CONSTITUTION
ARTICLE II SECTION 9. The State shall promote a just and
dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of
life for all.
A JUST AND DYNAMIC SOCIAL ORDER
1987 CONSTITUTION
ARTICLE II SECTION 10. The State shall promote social justice in
all phases of national development.
ARTICLE XIII
SECTION 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use,
and disposition of property and its increments.
SECTION 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of
initiative and self-reliance.
A. THE PROMOTION OF SOCIAL JUSTICE
The Constitution attempts to pave the way for a reversal of the situation and
create an atmosphere where genuine social justice may be achieved.
SOCIAL JUSTICE is neither communism nor despotism, nor atomism nor
anarchy, but it is the harmonization of laws and the equalization of the social
and economic forces by the State so that justice in its rational and objectively
secular conception may at least be approximated.
The Constitution rejects laissez faire that allows private enterprise to flourish
without government intervention.
WELFARE STATE CONCEPT. The government shall actively involve
itself in providing for measures that will ensure the greatest good for the
greatest number. State is responsible in coping with the social and economic
problems by exercising the powers necessary to promote general welfare. The
classical laissez faire concept of a state has been replaced concept of welfare
state.
The owner has the obligation to use his property not only to benefit
himself but society as well.
1987 CONSTITUTION ARTICLE II
SECTION 26. The State shall guarantee equal access to opportunities
for public service and prohibit political dynasties as may be defined
by law.
B. EQUALITY IN OPPORTUNITIES FOR PUBLIC SERVICE
- Property qualifications are inconsistent with the nature and
essence of the Republican system ordained in our constitution and
the principle of social justice
- no person shall be denied the chance to be elected to public office
by reason of poverty
- to run for and hold public office is merely a privilege subject to
limitations imposed by law; equal access clause neither bestows
such a right nor elevates the privilege to the level of an
enforceable right
1987 CONSTITUTION
ARTICLE II SECTION 11. The State values the dignity of every
human person and guarantees full respect for human rights.
ARTICLE XVI SECTION 5 (2). The State shall strengthen the
patriotic spirit and nationalist consciousness of the military, and
respect for people's rights in the performance of their duty.
ARTICLE XIII.
SECTION 17.
1. There is hereby created an independent office called the
Commission on Human Rights.
2. The Commission shall be composed of a Chairman and
four Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members of
the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be
provided by law.
3. Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall continue to
exercise its present functions and powers.
4. The approved annual appropriations of the Commission
shall be automatically and regularly released.
SECTION 18. The Commission on Human Rights shall have the
following powers and functions:
1. Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and
political rights;
2. Adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereof in accordance
with the Rules of Court;
3. Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as well
as Filipinos residing abroad, and provide for preventive
 measures and legal aid services to the under-privileged
whose human rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention
facilities;
5. Establish a continuing program of research, education, and
information to enhance respect for the primacy of human
rights;
6. Recommend to Congress effective measures to promote
human rights and to provide for compensation to victims of
violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
8. Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth
in any investigation conducted by it or under its authority;
9. Request the assistance of any department, bureau, office,
or agency in the performance of its functions;
10. Appoint its officers and employees in accordance with law;
and
11. Perform such other duties and functions as may be
provided by law.
SECTION 19. The Congress may provide for other cases of violations
of human rights that should fall within the authority of the
Commission, taking into account its recommendations.
RESPECT FOR HUMAN DIGNITY AND HUMAN RIGHTS
SCOPE OF HUMAN RIGHTS includes those that relate to an individual’s
social, economic, cultural, political and civil relations along with what is
generally considered to be his inherent and inalienable rights, encompassing
almost all aspect of life.
COMMISSION ON HUMAN RIGHTS
- COMPOSITION
a. Chairman
b. 4 Members
- QUALIFICATIONS
a. Natural-born citizens
b. Majority should be members of the Bar
c. Term, other qualifications and disabilities shall be provided
by law
- was first constituted in 1987 through EO 163
- has to power to promulgate its rules of procedure and cite for
contempt for violations thereof in accordance with the Rules of
Court
- it has NOT jurisdiction to issue a writ of preliminary injunction as
it may only be issued by a judge or justice
1987 CONSTITUTION
ARTICLE II 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.
ARTICLE XIII SECTION 14. The State shall protect working
women by providing safe and healthful working conditions, taking
into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to
realize their full potential in the service of the nation.
FUNDAMENTAL EQUALITY OF WOMEN AND MEN
- Examples of equalization in the Constitution, Citizenship
a. Those born of Filipino mother were recognized as citizen
without need to elect citizenship (1973)
b. Children born before Jan 17, 1973 who elected Filipino
citizenship were granted the status of a natural-born citizen
(1987)
c. Filipino women who lost their citizenship by virtue of their
marriage to an alien husband no longer lost their citizenship
by that fact alone (1973)
CASE: Secretary of Labor ordered the temporary prohibition of overseas
deployment of female workers in order to protect that from certain unsavory
practices of employers in foreign lands. The order was question in the
argument that the order violates due process and equal protection clauses.
HELD: The court took judicial notice of the unhappy plight that had befallen
female labor force abroad, which was not true with male workers. Court
affirmed the validity of the order. (Philippine Association of Service
Exporters v Drilon, 163 SCRA 386 (1988))
Requisites of a Valid Classification
1. it must be based upon substantial distinctions,
2. it must be germane to the purposes of the law,
3. it must not be limited to existing conditions only, and
4. it must apply equally to all members of the same class.
1987 CONSTITUTION
ARTICLE II. SECTION 23. 23. The State shall encourage non-
governmental, community-based, or sectoral organizations that
promote the welfare of the nation.
ARTICLE XIII.
SECTION15. The State shall respect the role of independent people's
organizations to enable the people to pursue and protect, within the
democratic framework, their legitimate and collective interests and
aspirations through peaceful and lawful means.
People's organizations are bona fide associations of citizens with
demonstrated capacity to promote the public interest and with
identifiable leadership, membership, and structure.
SECTION 16. The right of the people and their organizations to
effective and reasonable participation at all levels of social, political,
and economic decision-making shall not be abridged. The State shall,
by law, facilitate the establishment of adequate consultation
mechanisms.
INDEPENDENT PEOPLE’S ORGANIZATION
PEOPLE’S ORGANIZATIONS are bona fide associations of citizens with
demonstrated capacity to promote the public interest and with identifiable
leadership, membership and structure.
1987 CONSTITUTION
ARTICLE II 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.
ARTICLE XIV
SECTION 1. The State shall protect and promote the right of all
citizens to quality education at all levels, and shall take appropriate
steps to make such education accessible to all.
SECTION 2 (2). The State shall establish and maintain, a system of
free public education in the elementary and high school levels.
Without limiting the natural rights of parents to rear their children,
elementary education is compulsory for all children of school age
SECTION 5 (2). Academic freedom shall be enjoyed in all institutions
of higher learning.
SECTION 5 (5) The State shall assign the highest budgetary priority
to education and ensure that teaching will attract and retain its
rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.

RIGHT TO QUALITY EDUCATION. Students have the constitutional
right to quality education up to the secondary level for free. The school has
the right to reasonable academic and disciplinary standards with the end in
view of according the right to education only on the basis of merit.
ACADEMIC FREEDOM is the freedom of the university to determine who
may teach, what may be taught, how it shall be taught and who shall be
admitted to study. It Includes the freedom of the teacher to investigate and
discuss the problems of his science and to express is conclusions, whether
through publication, or in the instruction of students, without interference,
unless his methods are found to be completely incompetent or contrary to
professional ethics.
1987 CONSTITUTION ARTICLE XIII
SECTION 9. The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a continuing
program of urban land reform and housing which will make available
at affordable cost, decent housing and basic services to under-
privileged and homeless citizens in urban centers and resettlement
areas. It shall also promote adequate employment opportunities to
such citizens. In the implementation of such program the State shall
respect the rights of small property owners.
SECTION 10. Urban or rural poor dwellers shall not be evicted nor
their dwelling demolished, except in accordance with law and in a just
and humane manner.
No resettlement of urban or rural dwellers shall be undertaken
without adequate consultation with them and the communities where
they are to be relocated.
URBAN LAND REFORM AND HOUSING
LIMITATIONS OF URBAN LAND REFORM
1. The rights of small property owners must be respected
2. In cases of resettlement, there must be adequate consultation with
the urban and rural dwellers and the communities where they are
to be relocated
Congress has passed the Urban Development and Housing Act to address
the problems attendant to eviction and relocation of squatters.
Small property owners, two elements
1. Those owners of real property whose property consists of
residential lands with an area of not more than 300 square meters
in HUCs and 800 square meters in other areas
2. That they do not own other real properties other than the same
1987 CONSTITUTION ARTICLE XIII
SECTION 4. The State shall, by law, undertake an agrarian reform
program founded on the right of farmers and regular farmworkers
who are landless, to own directly or collectively the lands they till or,
in the case of other farmworkers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to such priorities and
reasonable retention limits as the Congress may prescribe, taking into
account ecological, developmental, or equity considerations, and
subject to the payment of just compensation. In determining retention
limits, the State shall respect the right of small landowners. The State
shall further provide incentives for voluntary land-sharing.
SECTION 5. The State shall recognize the right of farmers,
farmworkers, and landowners, as well as cooperatives, and other
independent farmers' organizations to participate in the planning,
organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research,
and adequate financial, production, marketing, and other support
services.
SECTION 6. The State shall apply the principles of agrarian reform
or stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including lands of
the public domain under lease or concession suitable to agriculture,
subject to prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral lands. The State
may resettle landless farmers and farmworkers in its own agricultural
estates which shall be distributed to them in the manner provided by
law.
SECTION 7. The State shall protect the rights of subsistence
fishermen, especially of local communities, to the preferential use of
the communal marine and fishing resources, both inland and
offshore. It shall provide support to such fishermen through
appropriate technology and research, adequate financial, production,
and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall
extend to offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing resources.
SECTION 8. The State shall provide incentives to landowners to
invest the proceeds of the agrarian reform program to promote
industrialization, employment creation, and privatization of public
sector enterprises. Financial instruments used as payment for their
lands shall be honored as equity in enterprises of their choice.
REFORM IN AGRICULTURE AND OTHER NATURAL
RESOURCES
- Enabling law is RA 6657 or the Comprehensive Agrarian Reform
Law
- STEWARDSHIP CONCEPT. Prudence should dictate the use
and exploitation of other resources like public land, recognizing
that there are merely held in trust for the future generations
1987 CONSTITUTION
ARTICLE II SECTION 18. The State affirms labor as a primary
social economic force. It shall protect the rights of workers and
promote their welfare.
ARTICLE XIII SECTION 3. The State shall afford full protection to
labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all.
ARTICLE III SECTION 8. The right of the people, including those
employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be
abridged.
ARTICLE IX-B SECTION 2(5). The right to self-organization shall
not be denied to government employees.
PROTECTION OF LABOR
RIGHT TO FORM UNIONS is not a civil or political right but a social or
economic right.
- Employees in the civil service may not resort to strikes, walkouts
and other temporary work stoppages to pressure the government to
accede to it demands; the proper venue for their grievances is the
halls of Congress
1987 CONSTITUTION
ARTICLE II
SECTION 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion, when the public
safety requires it.
SECTION 16. All persons shall have the right to a speedy disposition
of their cases before all judicial, quasi-judicial, or administrative
bodies.
ARTICLE XIII
 Section 12. The State shall establish and maintain an effective food
and drug regulatory system and undertake appropriate health,
manpower development, and research, responsive to the country's
health needs and problems.
Section 13. The State shall establish a special agency for disabled
person for their rehabilitation, self-development, and self-reliance,
and their integration into the mainstream of society.
PROMOTION OF BALANCE HEALTH AND ECOLOGY
- Held to be a basic right concerning no less than self-preservation
and self-perpetuation
1987 CONSTITUTION
ARTICLE II SECTION 12. The State recognizes the sanctity of
family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the
support of the Government.
ARTICLE XV
SECTION 1. The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen its solidarity
and actively promote its total development.
SECTION 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
THE FAMILY AS BASIC AUTONOMOUS SOCIAL INSTITUTION
- The family may be regulated by the State for public interest.
- Equally protect the life of the child and the mother; does not
expressly prohibit abortion
- Recognizes the natural right and duty of parents in the rearing of
their children
 EXCEPTION: The state may intervene if the means or
modes adopted by the parents are inimical to the child
- GENERAL RULE: The authority of the school is co-extensive
with its territorial jurisdiction, or its school grounds. Any action
taken outside the school premised=s should be left to the police,
the courts and the family.
 EXCEPTION: The school may exercise its authority
for acts committed outside the school or beyond school
hours
1. In cases of violations of school policies and
regulations occurring in connection with school-
sponsored activity off-campus
2. In cases where the misconduct of the student
involves his status as a student or affects the good
name or reputation of the school
MARRIAGE
- “inviolable social institution” was lifted from Article 52 of the
New Civil Code
- Divorce was initially included in draft NCC but was disapproved
due to inconsistency with Article 52
1987 CONSTITUTION
SECTION 13. he State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.
VITAL ROLE OF THE YOUTH
- First included in 1973 Constitution as a reaction to rising student
activism
1987 CONSTITUTION
SECTION 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
SECTION 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides incentives
to needed investments.
A SELF-RELIANT AND INDEPENDENT ECONOMIC ORDER
REGALIAN DOCTRINE. All the natural resources of the country belong to
the State. Natural resources include lands of the public domain, waters,
minerals, coals, petroleum and other mineral oils, all sources of potential
energy, fisheries and wildlife.
Policies on Natural Resources:
1. The enjoyment of natural resources shall be limited to citizens of
the Philippines or to companies they control
2. The use, development and exploitation of natural resources shall
be under the control of the state and as a rule, they cannot be
altered.
3. The enjoyment, utilization and exploitation of natural resources
shall be spread as widely as possible among the people
While the Constitution mandates a bias for Filipino goods, services, labor and
enterprises, it also recognizes the need for business exchange with the rest of
the world on the basis of reciprocity and equality. The protection is limited
only against foreign competition and trade practices that are unfair.
1987 CONSTITUTION
ARTICLE II SECTION 24. The State recognizes the vital role of
communication and information in nation-building
ARTICLE XVI SECTION 10. The State shall provide the policy
environment for the full development of Filipino capability and the
emergence of communication structures suitable to the needs and
aspirations of the nation and the balanced flow of information into,
out of, and across the country, in accordance with a policy that
respects the freedom of speech and of the press.
COMMUNICATIONA ND INFORMATION IN NATION-BUILDING
1987 CONSTITUTION ARTICLE XVI
SECTION 11
1. The ownership and management of mass media shall be
limited to citizens of the Philippines, or to corporations,
cooperatives or associations, wholly-owned and managed
by such citizens.
The Congress shall regulate or prohibit monopolies in
commercial mass media when the public interest so
requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.
2. The advertising industry is impressed with public interest,
and shall be regulated by law for the protection of
consumers and the promotion of the general welfare.
Only Filipino citizens or corporations or associations at
least seventy per centum of the capital of which is owned by
such citizens shall be allowed to engage in the advertising
industry.
The participation of foreign investors in the governing
body of entities in such industry shall be limited to their
proportionate share in the capital thereof, and all the
executive and managing officers of such entities must be
citizens of the Philippines.
 RA 8371 or the Indigenous Peoples Rights
- Grants IPs/ICCs the ownership and possession of their ancestral
MASS MEDIA AND ADVERTISING domains and ancestral lands, and defines the extent of these lands
and domains
- The ownership of mass media are required to be in the hands of - The ownership given is the indigenous concept of ownership
Filipinos under customary laws
- Commercial advertising should be owned only by companies that - Created the National Commission on Indigenous Peoples (see
are at least 70% Filipino owned discussion above)
- Monopolies in mass media may be regulated or prohibited
- combinations in restraint of trade and unfair competition in INDIGENOUS CULTURAL COMMUNITIES or INDIGENOUS
information matters is prohibited PEOPLES refer to a group of people or homogenous societies who have
continuously lives as an organized community on communally bounded and
1987 CONSTITUTION defined territory

ARTICLE II SECTION 25, The State shall ensure the autonomy of
local governments.
AUTONOMY OF LOCAL GOVERNMENTS
LOCAL GOVERNMENT UNITS are body politic and corporate endowed
with powers to be exercised by it in conformity with law
When exercising governmental powers and performing governmental duties,
and LGU is an agency of the national government. When engaged in
corporate activities, it acts as an agent of the community in the administration
of local affairs
Reasons for Local Autonomy:
1. To relieve the local government from monolithic control by the
national government
2. To make local governments more self-reliant so that they can
cease to be mendicants of the national government
3. To give them the widest participation and initiative in self-
government
1987 CONSTITUTION
ARTICLE II SECTION 22. The State recognizes and promotes the
rights of indigenous cultural communities within the framework of
national unity and development
ARTICLE XII SECTION 5. The State, subject to the provisions of
this Constitution and national development policies and programs,
shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-
being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership
and extent of ancestral domain.
ARTICLE XIII SECTION 6. The State shall apply the principles of
agrarian reform or stewardship, whenever applicable in accordance
with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, homestead rights of
small settlers, and the rights of indigenous communities to their
ancestral lands. The State may resettle landless farmers and
farmworkers in its own agricultural estates which shall be distributed
to them in the manner provided by law.
1987 CONSTITUTION
ARTICLE II
SECTION 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft
and corruption.
SECTION 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
ARTICLE XI SECTION 17. A public officer or employee shall, upon
assumption of office and as often thereafter as may be required by
law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members
of the Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of the
armed forces with general or flag rank, the declaration shall be
disclosed to the public in the manner provided by law.
ARTICLE III SECTION 7. 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 as may be provided by law.
HONEST PUBLIC SERVICE &
FULL PUBLIC DISCLOSURE
- The government maintains a policy of honest public service and
the eradication of graft and corruption, hence, Ombudsmand and
Sandiganbayan
- The state likewise provides for a policy of full public disclosure of
all transactions involving public interest
Article III Section 7 or the Right to Information on Matters of Public
Concerns is self-executing.

ARTICLE XIV SECTION 17. The State shall recognize, respect, and
protect the rights of indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions. It shall consider
these rights in the formulation of national plans and policies.

ARTICLE XVI SECTION 12. The Congress may create a

consultative body to advise the President on policies affecting
indigenous cultural communities, the majority of the members of
which shall come from such communities.

RECOGNITION OF RIGHTS OF INDIGENOUS CULTURAL

COMMUNITIES