ARTICLE VII.

  THE EXECUTIVE DEPARTMENT

Section 1.  EXECUTIVE POWER
Scope:

1)    Executive power is vested in the President of the Philippines.

2)    The scope of this power is set forth in Art. VII of the Constitution.  But this power is not
limited to those set forth therein.  The SC, in Marcos v. Manglapus, referred to the RESIDUAL
powers of the President as the Chief Executive of the country, which powers include others not
set forth in the Constitution.  EXAMPLE:  The President is immune from suit and criminal
prosecution while he is in office.

3)    Privilege of immunity from suit is personal to the President and may be invoked by him
alone.  It may also be waived by the President, as when he himself files suit.

4)    BUT the President CANNOT dispose of state property unless authorized by law.

Section 2.  QUALIFICATIONS

1)    Natural-born citizen of the Philippines

2)    Registered voter;

3)    Able to read and write;

4)    At least 40 years old on the day of election

5)    Philippine resident for at least 10 years immediately preceding such election.

Note:  The Vice-President has the same qualifications & term of office as the President.  He is
elected with & in the same manner as the President.  He may be removed from office in the same
manner as the President.

Section 4.  MANNER OF ELECTION and TERM OF OFFICE

Manner of Election

1)    The President and Vice-President shall be elected by direct vote of the people.

2)    Election returns for President and Vice-President, as duly certified by the proper Board of
Canvassers shall be forwarded to Congress, directed to the Senate President.

3)    Not later than 30 days after the day of the election, the certificates shall be opened in the
presence of both houses of Congress, assembled in joint public session.
4)    The Congress, after determining the authenticity and due execution of the certificates, shall
canvass the votes.

5)    The person receiving the highest number of votes shall be proclaimed elected.

6)    In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the
members of both Houses, voting separately.  In case this results in a deadlock, the Senate
President shall be the acting President until the deadlock is broken.

7)    The Supreme Court en banc shall act as the sole judge over all contests relating to the
election, returns, and qualifications of the President or Vice-President and may promulgate its
rules for the purpose.

Term of Office
1)    President

a)    6 years beginning at noon on 30 June immediately following the election and ending at noon
on the same day 6 years later.

b)    Term limitation: Single term only; not eligible for any reelection.

c)    Any person who has succeeded as President, and served as such for more than 4 years shall
NOT be qualified for election to the same office at any time.

2)    Vice-President:

a)    6 years, starting and ending the same time as the President.

b)    Term limitation: 2 successive terms.

c)    Voluntary renunciation of the office for any length of time is NOT an interruption in the
continuity of service for the full term for which the Vice-President was elected.

Section 6.  SALARIES AND EMOLUMENTS

1)    Official salaries are determined by law.

2)    Salaries cannot be decreased during the TENURE of the President and the Vice-President.

3)    Increases take effect only after the expiration of the TERM of the incumbent during which the
increase was approved.

4)    Prohibited from receiving any other emolument from the government or any other source
during their TENURE
Sections 7-12. PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR

President-elect fails to qualify or to be VP-elect will be Acting President until

chosen someone is qualified/chosen as President.

President-elect dies or is permanently

disabled. VP becomes President.

1. Senate President; or
2. In case of his inability, the Speaker
of the House shall act as President
until a President or a VP shall have
been chosen and qualified.

In case of death or disability of (1) and

Both President and VP-elect are not chosen (2), Congress shall determine, by law,
or do not qualify or both dies, or both who will be the acting President.
become permanently disabled.

2. Vacancies after the office is initially filled

VACANCY SUCCESSOR

President dies, is permanently disabled, is Vice-President becomes President for the

impeached, or resigns. unexpired term.

1. Senate President or
2. In case of his inability, the Speaker
of the House shall act as President
Both President and Vice-President die,
become permanently disabled, are until the President or VP shall have
impeached, or resign. been elected and qualified.

3. Vacancy in office of Vice-President during the term for which he was elected

a)    President will nominate new VP from any member of either House of Congress.

b)    Nominee shall assume office upon confirmation by majority vote of ALL members of both
Houses, voting separately.  (Nominee forfeits seat in Congress)

4. Election of President and Vice-President after vacancy during term

a)     Congress shall convene 3 days after the vacancy in the office of both the President and the
VP, without need of a call.  The convening of Congress cannot be suspended.

b)     Within 7 days after convening, Congress shall enact a law calling for a special election to
elect a President and a VP.  The special election cannot be postponed.

c)     The special election shall be held not earlier than 45 days not later than 60 days from the
time of the enactment of the law.

d)     The 3 readings for the special law need not be held on separate days.

e)     The law shall be deemed enacted upon its approval on third reading.

BUT:  No special election shall be called if the vacancy occurs within 18 months before the date of
the next presidential election.

5. Temporary disability of the President

The temporary inability of the President to discharge his duties may be raised in either of two
ways:

a)    By the President himself, when he sends a written declaration to the Senate President and
the Speaker of the House.  In this case, the Vice-President will be Acting President until the
President transmits a written declaration to the contrary.

b)    When a majority of the Cabinet members transmit to the Senate President and the Speaker
their written declaration.

1. The VP will immediately be Acting President.

2. BUT:  If the President transmits a written declaration that he is not disabled, he
reassumes his position.
3. If within 5 days after the President re-assumes his position, the majority of the
Cabinet retransmits their written declaration, Congress shall decide the issue.  In
this event, Congress shall reconvene within 48 hours if it is not in session, without
need of a call.
4. Within 10 days after Congress is required to assemble, or 12 days if Congress is not
in session, a 2/3 majority of both Houses, voting separately, is needed to find the
President temporarily disabled, in which case, the VP will be Acting President.

6. Presidential Illness

a)    If the President is seriously ill, the public must be informed thereof.
b)    Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and
the Chief of Staff of the AFP are entitled to access to the President

Section 13.  DISQUALIFICATIONS

SUBJECT SOURCE OF DISQUALIFICATION

Prohibited from:
1. Holding any office or employment during their
tenure, UNLESS:

1. otherwise provided in the Constitution (e.g.  VP

can be appointed a Cabinet Member; Sec. of
Justice sits on Judicial and Bar Council); or
2. the positions are ex-officio and they do not
receive any salary or other emoluments therefor
(e.g. Sec. of Finance is head of Monetary Board).

1. Practicing, directly or indirectly, any other

profession during their tenure;

1. Participating in any business;

1. Being 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
GOCC’s or their subsidiaries.

N.B.  The rule on disqualifications for the President

and his Cabinet are stricter than the normal rules
President, Vice-President, applicable to appointive and elective officers under
Cabinet Members, Deputies or Art. IX-B, Sec. 7.
Assistants of Cabinet Members
 Cannot be appointed during President’s tenure as:

1. Members of the Constitutional Commissions;

2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices
including GOCC’s and their subsidiaries.

N.B.

1. If the spouse, etc., was already in any of the

above offices at the time before his/her spouse
became President, he/she may continue in
office.  What is prohibited is appointment and
reappointment, NOT continuation in office.
2. Spouses, etc., can be appointed to the judiciary
and as ambassadors and consuls.
Spouses and 4th degree relatives
of the President (consanguinity  
or affinity)

Sections 14-16.  POWER TO APPOINT

Principles:

1)     Since the power to appoint is executive in nature, Congress cannot usurp this function.

2)     While Congress (and the Constitution in certain cases) may prescribe the qualifications for
particular offices, the determination of who among those who are qualified will be appointed is
the President’s prerogative.

Scope:

The President shall appoint the following:

1)    Heads of executive departments (CA confirmation needed):

2)    Ambassadors, other public ministers, and consuls (CA confirmation needed).

3)    Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
4)    Other officers whose appointment is vested in him by the Constitution (CA confirmation
needed), such as:

a)    Chairmen and members of the COMELEC, COA and CSC.

b)    Regular members of the Judicial and Bar Council.

c)    The Ombudsman and his deputies;

d)    Sectoral representatives in Congress.

 N.B. President also appoints members of the Supreme Court and judges of the lower courts,
but these appointments do not need CA confirmation.

5)    All other officers whose appointments are not otherwise provided for by law; and those whom
he may be authorized by law to appoint.

a)     This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution.

b)     Congress may, by law, vest the appointment of other officers lower in rank in the President
alone or in the courts, or in the heads of departments, agencies, boards or commissions.

c)     BUT:  Congress cannot, by law, require CA confirmation of the appointment of other officers
for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral
Governor).
d)      ALSO: Voluntary submission by the President to the CA for confirmation of an appointment
which is not required to be confirmed does not vest the CA with jurisdiction.  The President
cannot extend the scope of the CA’s power as provided for in the Constitution.

Procedure:
1)    CA confirmation needed:

a)    Nomination by President

b)    Confirmation by CA

c)    Appointment by President; and

d)    Acceptance by appointee.

Note:  At any time before all four steps have been complied with, the President can withdraw the
nomination/appointment.
2)    No CA confirmation:

a)    Appointment; and

b)    Acceptance.

Note:  Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:

1)    When Congress is in recess, the President may still appoint officers to positions subject to CA
confirmation.

2)    These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.

3)    Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need
no CA approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his
assumption or re-assumption of office.

Limitation

1)    2 months immediately before the next Presidential elections, and up to the end of his term,
the President or Acting President SHALL NOT make appointments.  This is to prevent the practice
of ‘midnight appointments.”

2)    EXCEPTION:

a)    Can make TEMPORARY APPOINTMENTS

b)    To fill EXECUTIVE POSITIONS;

c)    If continued vacancies therein will prejudice public service or endanger public safety.

Section 17.  Power of Control and Supervision

Power of Control:

The power of an officer to alter, modify, or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of the officer for that of his
subordinate.  Thus, the President exercises control over all the executive departments, bureaus,
and offices.

The President’s power over government-owned corporations comes not from the Constitution but
from statute.  Hence, it may be taken away by statute.

Qualified Political Agency:

1)    Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the President.

2)    Thus, generally the acts of these department heads, etc, which are performed and
promulgated in the regular course of business, are presumptively the acts of the President.

3)    Exception:  If the acts are disapproved or reprobated by the President.

4)    Under Administrative Law, decisions of Department Secretaries need not be appealed to the
President in order to comply with the requirement of exhaustion of administrative remedies.

5)    Qualified political agency does NOT apply if the President is required to act in person by law
or by the Constitution.  Example:  The power to grant pardons must be exercised personally by the
President.

Disciplinary Powers:

1)    The power of the President to discipline officers’ flows from the power to appoint the, and
NOT from the power control.

2)    BUT While the President may remove from office those who are not entitled to security of
tenure, or those officers with no set terms, such as Department Heads, the officers, and
employees entitled to security of tenure cannot be summarily removed from office.

Power of Supervision:

1)    This is the power of a superior officer to ensure that the laws are faithfully executed by
subordinates.

2)    The power of the president over local government units is only of general supervision.  Thus,
he can only interfere with the actions of their executive heads if these are contrary to law.

3)    The execution of laws is an OBLIGATION of the President.  He cannot suspend the operation
of laws.
4)    The power of supervision does not include the power of control; but the power of control
necessarily includes the power of supervision.

Section 18.  COMMANDER-IN-CHIEF POWERS

Scope:

1)    The President is the Commander-in-Chief of the Armed Forces.

2)    Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:

a)    Lawless violence;

b)    Invasion; or

c)    Rebellion.

3)    The President may also:

a)    Suspend the privilege of the writ of habeas corpus; and

b)    Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
1. Invasion or
2. Rebellion; and
3. Public safety requires it.
1. The invasion or rebellion must be ACTUAL and not merely imminent.
1. Limitations:
1. Suspension or proclamation is effective for only 60 days.
1. Within 48 hours from the declaration or suspension, the President must submit a report to
Congress.
1. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot
set aside the revocation.
1. In the same manner, at the President’s initiative, Congress can extend the same for a period
determined by Congress if:

i.  Invasion or rebellion persist and

ii.  Public safety requires it.

NOTE:  Congress CANNOT extend the period motu propio.

1. Supreme Court review:

i.  The appropriate proceeding can be filed by any citizen.

ii.  The SC can review the FACTUAL BASIS of the proclamation or suspension.

iii.  Decision is promulgated within 30 days from filing.

1. f.      Martial Law does NOT:

i.  Suspend the operation of the Constitution.

ii.  Supplant the functioning of the civil courts or legislative assemblies.

iii.  Authorize conferment of jurisdiction on military courts over civilians where civil courts are
able to function and

iv.  Automatically suspend the privilege of the writ.

1. Suspension of privilege of the writ:

i.  Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly
connected with invasion.

ii.  Anyone arrested or detained during suspension must be charged within 3 days.  Otherwise he
should be released.

Note:  While the suspension of the privilege of writ and the proclamation of martial law is subject
to judicial review, the actual use by the President of the armed forces is not.  Thus, troop
deployments in times of war is subject to the President’s judgment and discretion.

Section 19: EXECUTIVE CLEMENCY

Scope:
1.)    The President may grant the following: [ Pa R C Re]
1. Pardons (conditional or plenary)
2. Reprieves
3. Commutations
4. Remittance of fines and forfeitures

2.)    These may only be granted AFTER conviction by final judgment.

3.)    ALSO: The power to grant clemency includes cases involving administrative penalties.

4.)    Where a conditional pardon is granted, the determination of whether it has been violated
rests with the President.

Limitations:
1.)    As to scope:

Cannot be granted:

a.)    Before conviction

b.)    In cases of impeachment

c.)    For violations of election laws, rules, and regulation without the favorable recommendation
of the COMELEC

d.)    In cases of civil or legislative contempt

2.)    As to effect:

a.)    Does not absolve civil liabilities for an offense.

b.)    Does not restore public offices already forfeited, although eligibility for the same may be
restored.

Amnesty:

1.)    An act of grace concurred in by Congress, usually extended to groups of persons who commit
political offenses, which puts into oblivion the offense itself.

2.)    President alone CANNOT grant amnesty.  Amnesty needs concurrence by a majority of all the
members of Congress.

3.)    When a person applies for amnesty, he must admit his guilt of the offense which is subject to
such amnesty.  If his application is denied, he can be convicted based on this admission of guilt.

4.)    Amnesty V. Pardon

AMNESTY PARDON

Addressed to POLITICAL offenses Addressed to ORDINARY offenses

Granted to a CLASS of persons Granted to INDIVIDUALS

Need not be accepted Must be accepted

Requires concurrence of majority of all

members of Congress No need for Congressional concurrence

A public act. Subject to judicial notice Private act of President. It must be proved.

Extinguishes the offense itself Only penalties are extinguished.

 May or may not restore political rights.
Absolute pardon restores. Conditional
does not.

Civil indemnity is not extinguished.

May be granted before or after Only granted after conviction by final

conviction judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:

(1) 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

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1)  Power to negotiate treaties and other international agreements

(a)  BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all
Senators in order to be valid and effective in our country.

(b)  Options of Senate when a treaty is submitted for its approval:

(i)                 Approve with 2/3 majority;

(ii)               Disapprove outright; or

(iii)             Approve conditionally, with suggested amendments.

(c)  If treaty is not re-negotiated, no treaty

(d)  If treaty is re-negotiated and the Senate’s suggestions are incorporated, the treaty will go
into effect without need of further Senate approval.

Note:  While our municipal law makes a distinction between international agreements and
executive agreements, with the former requiring Senate approval and the latter not needing the
same, under international law, there is no such distinction.
Note: The President cannot, by executive agreement, undertake an obligation which indirectly
circumvents a legal prohibition.
(e)  Conflict between treaty and municipal law.

(i)  Philippine court:

The later enactment will prevail, be it treaty or law, as it is the latest expression of the State’s
will.

(ii)  International tribunal

Treaty will always prevail.  A State cannot plead its municipal law to justify noncompliance with
an international obligation.

(2)  Power to appoint ambassadors, other public ministers, and consuls.

(3) Power to receive ambassadors and other public ministers accredited to the Philippines.

(4)  Power to contract and guarantee foreign loans on behalf of the Republic

(5)  Power to deport aliens

(a)    This power is vested in the President by virtue of his office, subject only to restrictions as
may be provided by legislation as regards the grounds for deportation.

(b)   In the absence of any legislative restriction to authority, the President may still exercise this
power.

(c)    The power to deport aliens is limited by the requirements of due process, which entitles the
alien to a full and fair hearing.

BUT:    The alien is not entitled to bail as a matter of right.

 
ARTICLE VIII. THE JUDICIAL DEPARTMENT

Sec. 1.  JUDICIAL POWER

Scope:

1. Judicial power is the authority to settle justiciable controversies or disputes involving rights
that are enforceable and demandable before the courts of justice or the redress of wrongs for
violations of such rights.

2.  Vested in the Supreme Court and such lower courts as may be established by law.
3. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt to
assume or be compelled to perform non-judicial functions.  They may not be charged with
administrative functions except when reasonably incidental to the fulfillment of their duties.

4.  In order that courts may exercise this power, there must exist the following:

1. An actual controversy with legally demandable and enforceable rights;

2. Involving real parties in interest;
3. The exercise of such power will bind the parties by virtue of the court’s application of existing
laws.

5.  Judicial power cannot be exercised in vacuum.  Without any laws from which rights arise and
which are violated, there can be no recourse to the courts.

6.  The courts cannot be asked for advisory opinions.

7.  Judicial power includes:

1. The duty of the courts to settle actual controversies involving rights which are legally
demandable and enforceable; and
1. 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.
Political Questions:

1.  A ‘political question’ is one the resolution of which has been vested by the Constitution
exclusively in either the people, in the exercise of their sovereign capacity, or in which full
discretionary authority has been delegated to a co-equal branch of the Government.

2.  Thus, while courts can determine questions of legality with respect to governmental action,
they cannot review government policy and the wisdom thereof, for these questions have been
vested by the Constitution in the Executive and Legislative Departments.

Sec. 2.  ROLES OF CONGRESS

1.  Defining enforceable and demandable rights and prescribing remedies for violations of such
rights; and

2.  Determining the court with jurisdiction to hear and decide controversies or disputes arising
from legal rights.

3.  Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various
courts.
 1. BUT Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in
the Constitution.
2. Creation and abolition of courts:
1. The power to create courts implies the power to abolish and even re-organize courts.
2. BUT this power cannot be exercised in a manner which would undermine the security
of tenure of the judiciary.
3. If the abolition/re-organization is done in good faith and not for political or personal
reasons, then it is VALID.  (same rule applies for civil servants)

Sec. 3.  FISCAL AUTONOMY

1. The entire judiciary shall enjoy fiscal autonomy.

2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for
the previous year.
3. Once approved, appropriations shall be automatically and regularly released.

Secs. 4-7; 12 JUDICIARY

Composition of the Supreme Court:

1. Chief Justice and
2. 14 Associate Justices

Note:  Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.

Qualifications of members of the SC:

1.  Natural born citizen of the Philippines

2.  At least 40 years old

3.  At least 15 years of experience as a judge or in the practice of law in the Philippines

4.  Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)

1.  Natural born citizen of the Philippines

2.  Member of the Philippine bar

3.  Possesses other qualifications prescribed by Congress

4.  Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower non-collegiate courts:

1.  Citizen of the Philippines (may be a naturalized citizen)

2.  Member of the Philippine Bar

3.  Possesses other qualifications prescribed by Congress

4.  Person of proven competence, integrity, probity and independence.

Section 8.  JUDICIAL AND BAR COUNCIL

1.  The Judicial and Bar Council is under the supervision of the SC.

A.  Is under the supervision of the Supreme Court and is composed of:

1. Chief Justice, as ex-officio chairman

2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note:  The last four re the regular members of the JBC.  Regular members are appointed by the
President with CA approval.  Regular members serve for 4 years, with staggered terms.
B.  Functions of JBC
1. Principal function:  recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it.
C.  Appointments to the Judiciary  
1. President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the
JBC.
2. No CA confirmation is needed for appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90 days from submission to the President of
the JBC list.
Sec. 10.  SALARIES

1.  Salaries of SC Justices and judges of lower courts shall be fixed by law.

2.  Cannot be decreased during their continuance in office, but can be increased.

3.  Members of the Judiciary are NOT exempt from payment of income tax.

Sec. 11.  TENURE/DISCIPLINARY POWERS OF SC

1.  Members of the SC and judges of the lower courts hold office during good behavior until

a.  The age of 70 years old; or

b.  They become incapacitated to discharge their duties.

2.  Disciplinary action against judges of lower courts:

a.  Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.

b.  Disciplinary action/dismissal:  Majority vote of SC Justices who took part in the deliberations
and voted therein.

3.  Removal of SC Justices:

a.  Only by IMPEACHMENT.

b.  Cannot be disbarred while they hold office.

Secs. 4-6, 13.  THE SUPREME COURT

Hearing of cases:
1. En banc; or
2. Divisions of 3, 5, or 7.
Cases required to be heard en banc:

1.  All cases involving constitutionality of a/an:

a.  Treaty

b.  International or executive agreement or

c.  Law.

2.  All cases required to be heard en banc under the Rules of Court:

a.  Appeals from Sandiganbayan; and

b.  From the Constitutional Commissions

3.  All cases involving the constitutionality, application or operation of

a.  Presidential decrees

b.  Proclamations
c.  Orders

d.  Instructions

e.  Ordinances; and

f.   Other regulations.

4.  Cases heard by a division where required majority of 3 was not obtained.

5.  Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc
or by a division.

6.  Administrative cases to discipline or dismiss judges of lower courts; and

7.  Election contests for President and Vice-President.

Cases heard by division

1.  Must be decided with the concurrence of a majority of the members who took part in the
deliberations and voted thereon.

2.  Majority vote in a division should be at least 3 members.

Powers of the SC

1.  SC has ORIGINAL jurisdiction over

a.  Cases affecting ambassadors, other public ministers and consuls.

Note:  This refers to foreign ambassadors, etc., stationed in the Philippines.

b.  Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.

2.  SC has APPELLATE jurisdiction over final judgments and orders in the following:

a.  All cases involving the constitutionality or validity of any

1. treaty
2. international or executive agreement
3. law
4. presidential decree
5. proclamation
6. order
7. instruction
 8. ordinance, or
9. regulation;

b.  All cases involving the legality of any

1. tax
2. impost
3. assessment or
4. toll or
5. any penalty imposed in relation thereto;

c.  All cases in which the jurisdiction of any lower court is in issue

d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and

e.  All cases where ONLY errors or questions of law are involved.

3.  Temporarily assign lower court judges to other stations in the public interest.

Note:  Temporary assignment shall not exceed 6 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:

a.  The protection and enforcement of constitutional rights;

b.  Pleading, practice and procedure in all courts;

c.  Admission to the practice of law;

d.  The Integrated Bar; and

e.  Legal assistance to the underprivileged.

Limitations on Rule Making Power

a. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.

b.  It should be uniform for all courts of the same grade.

c.  It should not diminish, increase, or modify substantive rights.

6.  Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof.

Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the opinion.

2. A certification to this effect must be signed by the Chief Justice and attached to the record of
the case and served upon the parties.

3. Members of the SC who took no part, or who dissented or abstained must state the reasons
therefore.

Note:  This procedure shall also be observed by all lower collegiate courts (CA, CTA, and
the Sandiganbayan).
JUDICIAL REVIEW
Definition
1.  Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.

2.    Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.

3.   Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites                                            
Code: [A R S Co R]

1.  An ACTUAL CASE calling for the exercise of judicial power

2.  The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have
had an adverse effect on the person challenging it.
3.  The person challenging the governmental act must have ‘STANDING’, i.e. a personal and
substantial interest in the case such that he has sustained, or will sustain, direct injury as a result
of its enforcement.
4.  The question of Constitutionality must be raised in the first instance, or at the earliest
opportunity.
5.  Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Effect of a declaration of unconstitutionality:

1.  Prior to the declaration that a particular law is unconstitutional, it is considered as an

‘operative fact’ which at that time had to be complied with.
2.  Thus, vested rights may have been acquired under such law before it was declared
unconstitutional.

3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.

Sec. 14.  DECISIONS

1.  Decisions MUST state clearly and distinctly the facts and the law on which it is based.

2.  Refusal to give due course to petitions for review and motions for reconsideration must state
the legal basis for such refusal.

3.  Memorandum decisions, where the appellate court adopts the findings of fact and law of the
lower court, are allowed as long as the decision adopted by reference is attached to the
Memorandum for easy reference.

4.  These rules only apply to courts.  They do not apply to quasi-judicial or administrative bodies
nor to military tribunals.

ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS

Section 1.   Constitutional Commissions
Independent Constitutional Commissions:

1) Civil Service Commission (CSC)

2) Commission on Elections (COMELEC)

3) Commission on Audit (COA)

Why Independent?

They perform vital functions of government.  Their integrity is protected by the fact that they:

1) Are constitutionally created (Sec. 1)

2) Have independent powers of appointment (Sec. 4)

3) Each Commission may promulgate its own procedural rules (Sec. 6)

4) Fiscal autonomy (Sec. 5)

5) Salaries may not be diminished during their office (Sec. 3)

6) Commissioners have a fixed term

7) Commissioners are removable by impeachment only.

Section 2.  DISQUALIFICATIONS
Disqualifications:

Members cannot, during their tenure:

1) Hold any other office or employment;

2) Engage in the practice of any profession;

3) Engage in the active management or control of any business, which, in any   way, may be
affected by the functions of their office; and

4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the
government, any of its subdivisions, agencies, instrumentalities, including GOCC’s and their
subsidiaries.

Note:  The Ombudsman and his deputies are subject to the same qualifications.

 Section 3.  SALARIES

Salaries

1) Salaries are fixed by law and shall not be decreased during their TENURE.

2) Decreases in salaries only affect those members appointed AFTER increase.

3) Incumbent members do not lose any salary.

4) Increases take effect IMMEDIATELY.

Section 6.  RULES OF PROCEDURE

Procedures:

1) Rules:  The Commissions may promulgate its own rules EN BANC.

2) Limitation:  It shall not:

a) Diminish,

b) Increase, or

c) Modify substantive rights.

3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of “special
courts and quasi-judicial bodies.”

b). In proceedings before the Commissions, the rules of the Commission prevail.

c). In proceedings before a court, the Rules of Court prevail.

d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW

Section 7.  DECISION MAKING/APPEAL

Decision-Making:

1) Each commission shall decide matter or cases by a majority vote of all the members within 60
days from submission.

 COMELEC may sit en banc or in 2 divisions.

 Election cases, including pre-proclamation controversies are decided in division, with motions
for reconsideration filed to the COMELEC en banc.
 The SC has held that a majority decision decided by a division of the COMELEC is a valid
decision.

2) As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case
for the entire commission.  (i.e.  The Chairman cannot ratify a decision which would otherwise
have been void).

Appeals:

1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to  the SC under
Rule 65.

2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.

Enforcement:
 It has been held that the CSC can issue a writ of execution to enforce judgments which are
final.

THE CIVIL SERVICE COMMISSION

Section 1.  COMPOSITION/QUALIFICATIONS/TERM

Composition:

1) Chairman
2) Commissioners – 2 commissioners

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of their appointments;

3) With proven capacity for public administration; and

4) NOT candidates for any elective position in the elections immediately preceding their
appointment.

5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation

Term:

1) Chairman -7 years; Commissioner1 – 5 yrs; Commissioner2 – 3 yrs

2) Limitation:  single term only, no reappointment

3) Appointment to vacancy: only for unexpired term of predecessor

4) No temporary appointments, or appointments in acting capacity.

Section 2.   Scope:

The Civil Service embraces all:

A.  branches,

B.  subdivisions,

C.  instrumentalities,

D.  agencies of the government,

E.  including GOCCs with original charters.

1.”With Original Charter” means that the GOCC was created by special law/by Congress

2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not
subject to the CSC jurisdiction.

3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC.

4. Jurisdiction is determined as of the time of filing the complaint.

Appointments to civil service shall be:
A. Competitive positions
 According to merit and fitness to be determined by competitive examinations, as far as
practicable except to positions which are policy-determining, primarily confidential, or highly
technical.
B. Non-competitive positions

1). No need for competitive examinations.

2). 3 kinds

a) Policy-determining –           formulate a method of action for the gov’t

b) Primarily confidential –      more than ordinary confidence; close intimacy insures freedom of
intercourse without betrayals of personal trust…

c) Highly technical     –           requires technical skill to a superior degree.

C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT
the administrative or legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in
which they are filled.
E. Who may be appointed:

1). RULE:  Whoever fulfills all the qualifications prescribed by law for a particular position may be
appointed therein.

2). The CSC cannot disapprove an appointment just because another person is better qualified, as
long as the appointee is himself qualified.

3). The CSC CANNOT add qualifications other than those provided by law.

F. Next-In-Rank Rule
 While a person next in rank is entitled to preferential consideration, it does not follow that
only he, and no one else, can be appointed.  Such person has no vested right to the position and
the appointing authority is not bound to appoint the person next in rank.
Tenure (Classification of Positions)

Career Service Non-Career Service

1. Entrance based on merit and fitness to be

determined as far as practicable by
competitive examinations or based on highly 1. Entrance on bases OTHER than usual tests
technical qualifications. of merit and fitness.

2. Entitled to security of tenure 1. Tenure limited to:

 a)      Period specified by law,

b)      Coterminous with the appointing

authority or subject to his pleasure, or

c)      Limited to the duration of a

particular project for which purpose the
employment was made.

3. With opportunity for advancement to

higher career positions.

Security of Tenure:

1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause
provided by law. It guarantees both procedural and substantive due process.

2) For “LEGAL CAUSE” – Cause is:

a). related to and affects the administration of office, and

b). must be substantial (directly affects the rights & interests of the public)

3) Security of tenure for Non-competitive positions

a). Primarily confidential officers and employees hold office only for so long as confidence in them
remains.

b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of
office

c). Non-career service officers and employees do not enjoy security of tenure.

d). Political appointees in the foreign service possess tenure coterminous with that of the
appointing authority or subject to his pleasure.

4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed
by the proper appointing authority does not acquire security of tenure.
Abolition of Office

To be valid, abolition must be made:

(a) In good faith; (good faith is presumed)

(b) Not for political or personal reasons; and

(c) Not in violation of law

Temporary employees are covered by the following rules:

1). Not protected by security of tenure – can be removed anytime even without cause

2). If they are separated, this is considered an expiration of his term.

3). BUT:  They can only be removed by the one who appointed them.

4). Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any electioneering or in partisan
political activity

1) Cannot solicit votes in favor of a particular candidate.

2) Cannot give campaign contributions or distribute campaign materials.

3) BUT:  Allowed to express views on political issues, and to mention the names of the candidates
whom he supports.

4) Prohibition does not apply to department secretaries

Right to organize

The right to organize does NOT include the right to strike

Sections 6-7.  DISQUALIFICATION

Disqualifications

1) Losing candidates in any election

a). Cannot be appointed to any office in the government or GOCC’s or their subsidiaries.

b). Period of disqualification: One (1) year after such election.

2) Elective officials

a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position
during their tenure.

b). EXCEPTION:  May hold ex officio positions.

 Examples:
  The Vice President may be appointed Cabinet member
 Congressman may sit in the Judicial and Bar Council

c). To be eligible to hold any other office, the elected official must first resign his office

d). Even Congress cannot, by law, authorize the appointment of an elective official.

3). Appointive officials

a). Cannot hold any other office or employment in the government, any subdivision, agency,
instrumentality, including GOCC’s and their subsidiaries.

b). EXCEPTION:  Unless otherwise allowed by law, or by the primary functions of his position.

c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII,
Sec. 13.  They are governed by the stricter prohibitions contained therein.

Section 8. COMPENSATION
1) Prohibitions:  applies to elected or appointed officers and employees                     
Cannot receive:

A. Additional   – an extra reward given for the same office i.e. bonus

B. Double – when an officer is given 2 sets of compensation for 2 different offices held

concurrently by 1 officer

C. Indirect Compensation

2) EXCEPTION:  Unless specifically authorized by law

A. “SPECIFICALLY AUTHORIZED” means a specific authority particularly directed to the            

officer or employee concerned.

B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not
prohibited

3) Cannot accept any present, emolument, office, title of any kind from foreign governments
UNLESS with the consent of Congress.

4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.

THE COMMISSION ON ELECTIONS

Section 1.  COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1) Chairman and

2) Commissioners (6)

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of appointment

3) Holders of college degrees; and

4) Not candidates for any elective position in the immediately preceding elections.

5) Majority of the Commission, including the Chairman must be:

a). Members of the Philippines Bar

b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which
requires the application of law, legal procedure, knowledge, training and experience.”

6) Appointments subject to CA approval

Term:

1) Chairman -7 yrs; 3 Members – 7 yrs; 2 Members – 5 yrs; 1 Member – 3 yrs.

2) LIMITATION:  Single term only: no reappointment allowed

3) Appointment to a vacancy: only for unexpired portion of predecessor’s term

4) No temporary appointments, or appointments in acting capacity

a). Thus, the President cannot designate an incumbent commissioner as acting Chairman.

b). The choice of temporary chairman falls under the COMELEC’s discretion.

Section 2. POWERS AND FUNCTIONS

Powers:

1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

(a)    Ex: COMELEC can enjoin construction of public works within 45 days of an election.
1)      Exercise:

A. Exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective

1. Regional,

2. Provincial, and

3. City officials

B. Appellate jurisdiction over all contests involving:

1. Elective municipal officials decided by trial courts of general jurisdiction

2. Elective barangay officials decided by trial courts of limited jurisdiction.

C. Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.

Exception: Appealable to the SC on questions of law.

1. Contempt powers

1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial
functions.  It CANNOT exercise this in connection with its purely executive or ministerial
functions.

2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial/administrative

powers.

3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.

E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its
appellate jurisdiction.  This is not an inherent power.

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.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.

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.
a). This power is NOT limited to the election period.

b). Applies to both criminal and administrative cases.

5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of

the Commission on Elections.

a). The political parties etc. must present their platform or program of government.

b). There should be sufficient publication

c). Groups which cannot be registered:

i. Religious denominations/sects

ii. Groups which seek to achieve their goals through violence or unlawful means

iii. Groups which refuse to uphold and adhere to the Constitution

iv. Groups which are supported by any foreign government.

d). BUT:  Political parties with religious affiliation or which derive their principles from religious
beliefs are registerable.

e). Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections constitute interference in national
affairs.  If accepted, it is an additional ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be prescribed by law.

1)    File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election
laws, including acts or omissions constituting elections frauds, offenses and malpractices.

1. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election
laws.
2. COMELEC can deputize prosecutors for this purpose.  The actions of the prosecutors are the
actions of the COMELEC
3. Preliminary investigation conducted by COMELEC is valid.

2)    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.
3)    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 or, or disobedience to its
directive, order, or decision.

4)    Submit to the President and the congress a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

Section 3.  RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure

1)    COMELEC can sit en banc or in two divisions

2)    It has the power to promulgate its own rules of procedure in order to expedite disposition of
election cases, including pre-election controversies.

Decision-Making

1) Election cases should be heard and decided in division. Provided that,

2) Motions for reconsideration of decisions should be decided by COMELEC en banc.

3)” Decisions” mean resolutions on substantive issues.

2)    If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration
here may be heard by the division.

3)    EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct
manifest errors in the tallying of results by Board of Canvassers.

Section 4.  SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES /

CONCESSIONS

Regulation of franchises
A. What can COMELEC supervise or regulate

1). The enjoyment or utilization of all franchises or permits for the operation of transportation
and other public utilities, media of communication or information.

2). Grants, special privileges or concessions granted by the Government or any subdivision, agency
or instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power

 1). During the election period
a). Under Article XI, Section 9, the election period commences 90 days before

the day of the election and ends 30 days thereafter.

b). In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and referenda.

3). Plebiscite: Submission of constitutional amendments or important legislative measures to the

people ratification
4). Referendum:  power of the electorate to approve or reject legislation through an election
called for that purpose.
COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free space to the COMELEC.  It may, however,
compel it to provide space after paying just compensation.

2). Power of COMELEC is over franchises and permits, NOT individuals. For example, COMELEC may
not regulate media practitioners, for this would violate the freedom of expression.

Section 5.  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
the Commission.

Section 6
Definition of Political Party
 organized group of persons pursuing the same political ideals in a government and includes its
branches, and divisions
Importance of registration of a political party

1)    Registration confers juridical personality on the party.

2)    It informs the public of the party’s existence and ideals.

3)    It identifies the party and its officers for purposes of regulation by the COMELEC.

Section 7.  No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.

Prohibition on block-voting

1) General rule: Block voting NOT allowed

2) EXCEPTION: those registered under the party-list system

Section 8.  PARTY LIST SYSTEM
No Right to be Represented in Various Boards
 Political parties, organizations, or coalitions registered under the party-list system shall NOT be
represented in the following:

1). Voters’ registrations boards,

2). Boards of election inspectors,

3). Boards of canvassers, or

4). Other similar bodies.

Poll Watchers
 Political parties, etc. are entitled to appoint poll watchers in accordance with law.
Section 10.  Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.
 This section does not give candidates immunity from suit.
 Discrimination includes unequal treatment in the availment of media facilities.
Section 11.  FUNDING
How provided

1)    Funds certified by the COMELEC as necessary to defray the expenses for holding regular and
special elections, plebiscites, initiative, referenda and recalls, shall provide in the regular or
special appropriations.

2)    Funds should be certified by the COMELEC as necessary.

Release of funds
 Once approved, funds should be released automatically upon certification by the Chairman of
COMELEC.
THE COMMISSION ON AUDIT
Section 1.  COMPOSITION/QUALIFICATIONS
Composition:

1)    Chairman, and

2)    Commissioners (2).

Qualifications:

1)    Natural-born citizens of the Philippines

2)    At least 36 years old at the time of their appointment;

3)    Either:

a). CPA’s with at least 10 years auditing experience; or

b). Members of Phil. Bar with 10 years of practice.

4)    Members cannot all belong to the same profession.

5)    Subject to confirmation of the CA.

6)    Must not have been candidates for any elective position in the elections immediately
preceding their appointment.

Term:

1)    Chairman -7 yrs; Commissioner1 -5yrs; Commissioner – 2 -3 yrs.

2)    LIMITATION: – Single terms only; no re-appointment allowed

3)    Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term.
Section 2.  POWERS

1)    Examine, audit, and settle accounts pertaining to:

1. Revenue and receipts of funds or property; or

2. Expenditures and uses of funds or property

Owned or held in trust by, or pertain to:

1. The Government;
2. Any of its subdivisions, agencies or instrumentalities;
3. Including GOCC’s with original charters.

2)    Conduct post-audit with respect to the following:

1. Constitutional bodies, commissions, and offices granted fiscal autonomy;

2. Autonomous state colleges and universities;
3. GOCC’s and their subsidiaries incorporated under the Corporation Code.
4. None-governmental entities receiving subsidies or equity, directly or indirectly, from or
through the government, which are required by law of the granting of institution to submit to
such audit.

3)    If COA finds internal control system of audited agencies as inadequate, COA may adopt
measures, including temporary or special pre-audit, as may be necessary.
4)    Keep the general accounts of the government, preserving vouchers and other supporting
papers pertaining thereto.

5)    Exclusive authority to define the scope of COA’s audit and examination and to establish the
techniques and methods required therefor.

6)    Promulgate accounting and auditing rules and regulations.

1. Including those for the prevention or disallowance of irregular, unnecessary, excessive,

extravagant, or unconscionable expenditures or uses of government funds and properties.
2. Failure to comply with these rules can be a ground for disapproving the payment of a proposed
expenditure.
Note:

1)    The functions of COA can be classified as:

1. Examine and audit all forms of government revenues;

2. Examine and audit all forms of gov’t expenditures
3. Settle gov’t accounts
4. Promulgate accounting and auditing rules (including those for the prevention of irregular…
expenditures.
5. To decide administrative cases involving expenditures of public funds.

2)    COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply
by arithmetic process.

3)    COA has authority not just over accountable officers but also over other officers who perform
functions related to accounting such as verification of evaluations and computation of fees
collectible, and the adoption of internal rules of control.

4)    COA does not have the power to fix the amount of an unfixed or undetermined debt.

5)    Where the following requirements are complied with, it becomes the ministerial duty of the
COA to approve and pass in audit vouchers for payment:

1. There is a law appropriating funds for a particular purpose;

2. There is a contract, made by the proper officer, entered into in conformity with the above-
mentioned law;
3. The goods or services covered by such contract have been delivered or rendered in pursuance
to such contract, as attested by the proper officer; and
4. Payment has been authorized by officials of the corresponding department or bureau. 
6)    Prosecutors may still review accounts already settled and approved by COA for the purpose of
determining possible criminal liability.  This is because COA’s interest in such accounts is merely
administrative.

7)      COA has the power to determine the meaning of ‘public bidding’ and what constitutes
failure when regulations require public bidding for the sale of government property.

Section 3.  No law shall be passed exempting any entity of the Government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the
Commission on Audit.
 
ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice
1)   Social justice in the Constitution is principally the embodiment of the principle that those who
have less in life should have more in law.

2)   The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not
only economic social justice but also political social justice.

Principal activities in order to achieve social justice

1)   Creation of more economic opportunities and more wealth; and

2)   Closer regulation of the acquisition, ownership, use and disposition of property in order to
achieve a more equitable distribution of wealth and political power.

Labor
 Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected
by the Constitution, what rights are guaranteed, and what positive measures the state should
take in order to enhance the welfare of labor.
Right to organize and to hold peaceful concerted activities
 Ø the right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors.
 Ø the workers have a right to hold peaceful concerted activities except the right to strike,
which is subject to limitation by law.
Right to participate in the decision-making process of employers
The workers have the right to participate on matters affecting their rights and benefits, “as may
be provided by law”.  This participation can be through

1)               collective bargaining agreements,

2)               grievance machineries,

3)               voluntary modes of settling disputes, and

4)               conciliation proceedings mediated by government.

Agrarian Reform
Goals:

Agrarian reform must aim at

1)  efficient production,

2)  a more equitable distribution of land which recognizes the right of farmers and regular
farmworkers who are landless to own the land they till, and

3)  a just share of other or seasonal farmworkers in the fruits of the land.

CARL as an exercise of police power and power of eminent domain

 To the extent that the law prescribes retention limits for landowners, there is an exercise of
police power. But where it becomes necessary to deprive owners of their land in excess of the
maximum allowed there is compensable taking and therefore the exercise of eminent domain.
Reach of agrarian reform

 It extends not only to private agricultural lands, but also to “other natural resources,” even
including the use and enjoyment of “communal marine and fishing resources” and “offshore
fishing grounds”.

The Commission on Human Rights

Composition:

1)   Chairman; and

2)   4 members

Qualifications:

1)   Natural-born citizens of the Philippines;

2)   Majority of the Commission must be members of the Philippine Bar;

3)  Term of office, other qualifications and disabilities shall be provided by law;

4)  The appointment of the CHR members is NOT subject to CA confirmation; and
5)  The CHR is not of the same level as the COMELEC, CSC, or COA.

Powers:

1)  Investigate all forms of human rights violations involving civil or political rights

A. Violations may be committed by public officers or by civilians or rebels.

B. CHR cannot investigate violations of social rights.

C. CHR has NO adjudicatory powers over cases involving human rights violations.

D. They cannot investigate cases where no rights are violated.

E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction
therefrom is NOT a human rights violation.

2)  Adopt operational guidelines and rules of procedure.

3)  Cite for contempt for violations of its rules, in accordance with the Rules of Court.

4) Provide appropriate legal measures for the protection of the 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 underprivileged whose human rights have been violated or need protection.

A. CHR can initiate court proceedings on behalf of victims of human rights violations.

B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute
these cases.

C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights
violators. These must be obtained from the regular courts.

5)  Exercise visitorial powers over jails, prisons and other detention facilities.

6) Establish continuing programs for research, education and information in order to enhance
respect for the primacy of human rights.

7)  Recommend to Congress effective measures to promote human rights and to provide
compensation to victims of human rights violations or their families.

8)  Monitor compliance by the government with international treaty obligations on human rights.
9) 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 CHR
investigation.

10) Request assistance from any department, bureau, office, or agency in the performance of its
functions.

11)  Appoint its officers and employers in accordance with law.

12)  Perform such other functions and duties as may be provided for by law