General Principles

Doctrine of Constitutional Supremacy

 Violates – null and void
 Deemed written

Self-Executing
 Art. XII, Sec. 10 (2)
o Filipino first
 Article XII, Sec. 11
 Right to a balanced and healthful ecology

Legal & Political Sovereignty

Auto-Limitation
 Consent – restriction of sovereign rights

Doctrine of Sovereign Immunity

 May not be sued w/o consent – law

Sovereign Equality of States

 All states are sovereign equals and cannot assert jurisdiction over one another.

Police Power – Legislature – may be delegated

 Inherent power
 Regulate liberty and property
 Promotion of the general welfare

Requisites for Valid Ordinance (CUPPUG)

BILL OF RIGHTS

Private acts – not governed

Primacy of human rights over property rights

Due Process (Substantive & Procedural)

Substantive
 Sufficient justification for depriving…
 Grounded on reason & Free from arbitrariness
 Requisites (SM)
o Lawful subject
 Interest of general public
o Lawful means
 Reasonably necessary

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  Not unduly oppressive

Procedural
 Procedures to follow before deprivation
 Essence: Notice & real opportunity to be heard

Three tests of judicial scrutiny to determine reasonableness of classifications made by

statutes or ordinances
1. Strict Scrutiny Test (Fundamental Freedoms, speech, gender, race, suffrage, basic
liberties; burdens SUSPECT classes: historically subject to discrimination)
a. Compelling state interest
b. Absence of less restrictive means
2. Heightened or Intermediate Scrutiny Test (Gender, legitimacy)
a. Governmental interest is extensively examined, and the availability of less
restrictive measures is considered.
b. Test of validity of content-neutral regulation (Con-S-Un-I)
i. Regulation is w/in consti power of the gov
ii. Furthers important or substantial gov interest
iii. Gov interest is unrelated to the suppression of free expression
iv. Incidental restriction on the alleged freedom of expression is no
greater than what is essential to the furtherance of the gov interest
3. Rational Basis Test (Equal protection???)
a. Rationally further a legitimate governmental interest

Due Process in Judicial Proceedings (IJOH)

Administrative Due Process (HEZ SPIK)

Due Process in Academic Disciplinary Proceedings (WA IAC)

Void for Vagueness Doctrine

 Lacks comprehensible standards
 Men of common intelligence
o Guess as to its meaning, and
o Differ as to its application

Overbreadth Doctrine
 Means that unnecessarily sweep its subject broadly
 Invading the area of protected freedoms

Application to Penal Statutes

 As applied
 Encroaches upon the freedom of speech (facial challenge)

“Aiding and abetting” in cyber libel is overbroad

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 Equal Protection

Requisites for Valid Classification (SGNE)

 Elective v. appointive – Yes
 Using IT in crime v. other means – Yes

Relative Unconstitutionality
 Valid at one time
 Becomes void
 Altered circumstances

Suspect classification
 Distinctions based on the most invidious bases of classification that violate the
most basic human rights

Freedom of Expression

Types of Regulation
 Prior Restraint
o Restrictions in advance of actual publication
o Censorship
o Heavy presumption against constitutional validity
o Exceptions: (SOW)
 Security, obscene, war
o Content-based restriction
 Based on subject matter of utterance
 Clear and present danger test
 Bring about substantive evil
 State has the right to prevent
o Content-neutral regulation (immediate scrutiny)
 Merely concerned with the incidents of speech
 Merely controls the time, place, or manner
 Subsequent Punishment

Doctrine of Fair Comment

 Fair commentaries on matters of public interest
o Privileged
o Valid defense in libel or slander
 When discreditable imputation is directed against a public person in his public
capacity, it is not necessarily actionable unless it be a false allegation of fact or a
comment based on a false supposition.

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  If the comment is an expression of opinion, based on facts, then it is immaterial
that the opinion happens to be mistaken as long as it might reasonably be
inferred from the facts.

Elections***
 COMELEC does not have the authority to regulate the enjoyment of the right to
expression exercised by citizens who are neither electoral candidates nor
sponsored by any electoral candidate.
o Only declarative speech can be regulated.
o Size limitations during elections hit at a core part of expression.
 Amounts to content-based restriction.

Rights During Expropriation

Eminent Domain Requisites (TaPuJ)

Matters Reviewable by the Court (ANC)

Eminent Domain Requisites – LGU (OPPO)

Elements of Taking (EMADO)

 Taking includes material impairment of the value of property

Requisites for Authorizing Immediate Entry

 LGU - F1
 NG - FAV

Just Compensation
 FMV
 Payment in full w/o delay
 Consequential damages and benefits
 Reckoning:
o GR: Time of Filing of Complaint
o EX: Time of Taking, when
 Complaint comes later, and
 Value increased due to use
o EX to EX:
 Increase is independent of expropriator’s action
 Determination of amount: Judicial function
o Agrarian cases – RTC (SAC)

Public Use
 Number of people not determinative
 Provided use is exercisable in common
 Not limited to particular individuals
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  General welfare

Socialized Housing
 Expropriation shall be resorted to only when other modes of acquisition
(community mortgage, land swapping, donation, negotiated purchase) have been
exhausted

National Government Infrastructure

 Immediate payment (100% zonal valuation) upon filing or at any time thereafter

Abandonment of Intended Use

 Property reverts to owner in fee simple

Searches and Seizures

Search Warrant v. Warrant of Arrest

 Personal determination by the judge
o In SW, the judge is required to personally examine the complainant and
the witnesses
o In WA, the judge is only required to personally determine probable cause
by examining the fiscal’s report, affidavits, and supporting documents
 One warrant, one offense rule

Search
 Particularity
o Place
 Identification through reasonable effort
o Things
 Reasonable particularity and certainty
o Persons
 John doe
 Descriptio personae
 Allowable Warrantless Searches
o Search incidental to lawful arrest (LaC PL) (U FEE)
o Stop-and-Frisk
 Genuine reason
 Experience and surrounding conditions
 Concealed weapons
 At least 2 circumstances
o Search of a moving vehicle/checkpoint
 Routine
 Limited to visual search
 Extensive
 Probable cause required

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  Tip from a CI is not enough to create probable cause
o Plain view (PDAF)
 Exception to search incidental to lawful arrest
 Not in immediate control
 Object inside close package
 GR: Not in plain view
 EX: If package proclaims its contents
o Customs search
 Place searched is not dwelling or house
o Consented search
 Silence or lack of resistance can hardly be considered as consent

Arrest
 Allowable Warrantless Arrest
o In flagrante delicto (OP)
 e.g., buy bust, continuing offense
o Hot pursuit (JP)
 Element of immediacy
o Escapee

Mandatory Drug Testing

 Schools – Allowed if random and suspicion-less; reduced expectation of privacy
 Persons Arrested – Not allowed; can never be random or suspicion-less; but
allowed if arrested for drug charges
 Elective officials
o National – not allowed, additional qualification
o Local – allowed if Congress provides

Composition and Powers of the Government Organs

Common qualifications of members of constitutional commissions

 Natural-born citizen
 35 years
 Not a candidate in any election immediately preceding the appointment

Common disqualifications of members of constitutional commissions (HAPIT)

 Hold any other office or employment
 Practice of any profession
 Active management or control of any business which in any way may be affected
by the functions of his office
 Financially interested (contract, franchise, privilege)
 Temporary or acting capacity

Jurisdiction

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 GOCCs with original charter
CSC
Determined as of time of filing of complaint
Exclusive: Regional, Provincial, City
Appellate (including certiorari): Municipality, Barangay
SK: DILG, not COMELEC
COMELEC ***Intra-party disputes
 The ascertainment of the identity of a political party and its
legitimate officers is a matter that is well within its authority.
 Power to register political parties (necessary implication)
BSP
MECO
Water districts
***Red Cross
COA
 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.

SET/HRET
 There should always be one member of the tribunal who is a Justice.
 Quasi-judicial – substantial evidence
 Termination of membership in the tribunal must be for just cause
o Allegation of disloyalty without proof of affiliation with another party is
not a just cause
 Jurisdiction – all contests relating to ERQ of members
o Requisites (VOA)
 Valid oath
 Before speaker/president of senate
 In open session

Commission on Appointments
 Jurisdiction - HAMAC
o Constitutional commissions
o Regular members of JBC

Judicial and Bar Council

 Recommend appointees to the judiciary
o The has the authority to set the standards/criteria in choosing its
nominees for every vacancy in the judiciary, subject only to the minimum
qualifications required by the Constitution and law for every position.

CHR
 Appointment not subject to CA confirmation
 Function: Investigate all forms of human rights violations involving civil or
political rights and recommend.

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 o NO adjudicatory power over cases involving HRV
o Can recommend the prosecution of human rights violators, but it cannot
itself prosecute these cases.
o No power to issue TRO

Ombudsman and Deputies

 Qualifications
o Natural-born citizen
o At least 40
o Recognized probity and independence
o Member of Philippine Bar
o Must not have been a candidate for any elective office in the immediately
preceding election
 Additional Q for Ombudsman
o 10 years judge or practice of law
 Jurisdiction
o All public officers and employees
o Not only those cognizable by Sandiganbayan
 Deputy is not an impeachable officer
o Ombudsman can investigate deputy

Judicial Review

Requisites (ERALS)

Political Question Doctrine

 The limitation on the power of judicial review to actual cases and controversies
carries the assurance that the courts will not intrude into areas
constitutionally committed to the other branches of government.
o Limitation on Political Question
 Expanded Power of Judicial Review (grave abuse of discretion)
 Examples of Political Questions
o Determination of what constitutes “betrayal of public trust” or “other high
crimes”
o Interpretation of the meaning of “disorderly behavior” and the legislature’s
power to suspend a member
o Case where the House was said to have disregarded its own rule
o Recognition of diplomatic immunity
 No political question involved
o Apportionment of representative districts (there are constitutional rules)
o Suspension of the privilege of the writ of habeas corpus
o Pork Barrel System

Supervision of Courts

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Administrative Supervision
 Over all inferior courts and personnel
o **Personnel: Regardless of whether the offense was committed before or
after employment in the judiciary.
 No interference with day-to-day activities
 Generally, SC has no power to assume jurisdiction over a case already pending
with another court.
 **Exclusive power to discipline or dismiss judges/ justices of inferior courts.
 Appoint all officials and employees of the Judiciary

Powers of the Supreme Court

 The exercise of judicial power when there is no applicable law is not

authorized.
 On review of Martial Law declaration
o Limited to a determination of the sufficiency of the factual basis of
such declaration or suspension.
o SC can only refer to information available to the President prior to or at
the time of the declaration

Qualifications

Executive
 Usual qualifications
 Any person who has succeeded as President, and served as much for more than 4
years shall NOT be qualified for election to the same office at any time.
 Voluntary renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term for which he
was elected. (Voluntary renunciation)

Legislative
 Usual qualifications
 Voluntary renunciation
o Preventive suspension is not interruption
 Continues to stay in office
 No permanent replacement
 Lack of authority to appoint one

Judiciary
 SC
o Natural-born citizen
o 40
o Judge or practice of law for at least 15 years
o Proven competence, integrity, probity, independence

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  Collegiate lower courts
o Natural-born citizen
o Member of the Philippine Bar
o Proven competence, integrity, probity, independence
o Congress may provide other Qs
 Non-collegiate lower courts
o Citizen
o Congress may provide other Qs
o Member of the Philippine Bar
o Proven competence, integrity, probity, independence

Ombudsman
 See page 8.
 President has no disciplinary authority over deputy ombudsman
o But has disciplinary power over Special Prosecutor

Disqualifications

Senators and Members of the HOR (HAPFI)

 Hold any other office in gov
 Appointed – created/emoluments
 Personally appear as counsel
 Financially interested
 Intervene – pecuniary interest/may be called upon to act

Executive (President, VP, Members of the Cabinet, their Deputies or Assistants)

 Hold any other office or employment
o Even if in temporary capacity
 Directly or indirectly
o Practice any other profession
o Participate in any business
o Be financially interested…

Spouse and Relatives by Consanguinity or Affinity w/in the 4 th Civil Degree of the
President (SUMOC)
 Member of Constitutional Commissions
 Office of the Ombudsman
 Secretary
 Undersecretary
 Chairman or head of bureaus or offices, including GOCCs and their subsidiaries

Ombudsman & Members of Consti Commissions

 Hold any other office or employment
 Practice profession or active management of business
o Which may be affected by the functions of his office

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  Financially interested…
 Ombudsman and Deputies
o Cannot run for any office in the election immediately succeeding their
cessation from office.
o Successor shall always be appointed for a full term of seven years.
Unexpired portion rule does not apply.

Immunity of the President, Privileges of Senators and Members of HOR

Presidential Immunity
 Immunity from Suit
o During tenure: official and unofficial acts
o After tenure: official acts only
o Cannot be invoked by Secretary.
 Presidential Privilege
o Coverage
 National security matters
 Negotiations before conclusion of treaties/executive agreements
 Close-door cabinet meetings
o Presidential Communications Privilege (NOA)
 Quintessential and non-delegable power of President
 Operational proximity
 No showing of adequate need and unavailability
 Important and compelling need to be kept confidential, not
merely based on general interest
o The specific need for evidence in a pending criminal trial outweighs the
President’s generalized interest in confidentiality
o Presidential communications are presumptively privileged
 Deliberative Process Privilege (PD)
o Predecisional
 Temporal sequence
o Deliberative
 Reflects give and take of consultative process
 Disclosure would discourage candid discussion
o Applies to decision making of executive officials, as well as to the judiciary

Structure of Government

Powers of the President

Prohibition on Midnight Appointments

 Two months before the next presidential elections and up to the end of
President’s term
 Applies only to appointments in the executive branch

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  Temporary appointments allowed for public service and safety

Ad Interim Appointment
 Permanent – (1) takes effect immediately, (2) can no longer be withdrawn by
President
 Terminated upon
o Disapproval by CA
o Adjournment of Congress
 President may renew

Doctrine of Qualified Political Agency

 Except when required to act personally
 Acts of secretaries are presumptively acts of President

Emergency Powers
 Presidential proclamation of state of emergency is not sufficient to allow
President to take over public utility
o There must be a law delegating the power

Martial Law and Suspension of Privilege of Writ of Habeas Corpus

 Requisites (AR)
o Actual invasion or rebellion
o Public safety requires it
 Judicial review
o Sufficiency of factual basis

Pardoning Power
 Limitations (ICE FAR)
o Cannot extend to cases of impeachment
o For violation of election laws, must have favorable recommendation by the
COMELEC
o Granted only after conviction by final judgment
o Cannot extend to cases of legislative contempt, or civil contempt
o Does not absolve civil liability
o Does not restore public offices forfeited
 Executive Clemency
o Non-delegable
o Administrative cases
 Executive branch only
 Not in Judicial or Legislative
 Separation of powers

Treaty Power

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  The President enjoys some leeway in withdrawing from agreements which he or
she determines to be contrary to the Constitution or statutes.
 The president cannot unilaterally withdraw from agreements which were entered
into pursuant to congressional imprimatur.
 The President cannot unilaterally withdraw from international agreements where
the Senate concurred and expressly declared that any withdrawal must
also be made with its concurrence.
 The exercise of discretion to withdraw from treaties and international agreements
is susceptible to judicial review in cases attended by grave abuse of discretion.
o No clear, definite, or reliable showing of repugnance to the Constitution or
statutes.
o Inordinate unilateral withdrawal violating requisite legislative
involvement.

Veto Power
 General Veto
o If the President wants to veto a provision in an ordinary bill, the entire bill
is vetoed.
 Item Veto
o Veto separate items, not the ENTIRE bill.
o ONLY in an appropriation, revenue or tariff bill.
 Doctrine of Inappropriate Provision
o A provision that is constitutionally inappropriate for an appropriation bill
may be singled out for veto even if it is NOT an appropriation or revenue
item (refers to riders).

Legislative Privileges

Immunity from Arrest

 <= 6 years imprisonment
 While Congress is in session
 Does not extend to the prosecution of criminal offenses
 Detained Senator (preventive detention or serving final sentence) – not allowed
to go to the Senate to attend all its functions
o Presumption of innocence does not carry with it full enjoyment of civil and
political rights

Privileged Speech
 Cannot be questioned or held liable in any other forum
o Senate or House may discipline member
 Speech or debate in Congress or in any Committee thereof
o In the performance of official functions
o Participating in or responding to media interviews is not an official
function of any lawmaker
 Congress need not be in session when utterance is made

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 House of Representatives

Legislative Districts
 Province – at least 1 representative
 City – 250,000 population – at least 1 representative
o Does not need double to get additional representative
 Contiguous, compact, adjacent territory
 Autonomous Regions cannot create or reapportion legislative districts

Valid Transfer of Appropriated Funds

 Requisites: (LSA)
o Law authorizing the President, Senate President, Speaker, Chief Justice,
and heads of the Constitutional Commissions
o Funds to be transferred are savings generated from the appropriations
for their respective offices
o Purpose of the transfer is to augment an item in the general
appropriations law for their respective offices

Legislative Department

Inquiry In Aid of Legislation Question Hour

Mandatory Discretionary
Exceptions as to persons include: (PSA) Exceptions as to persons include:
1. President  All heads of departments of the
2. Supreme Court Justices Executive Branch of the
3. Members of the AFP if prevented government shall secure the
by the President as the consent of the President prior to
appearing before either House of
Congress.
Exception as to information: (ExPriS)
1. Executive privilege which must be invoked by the President himself or through
the Executive Secretary by authority of the President
2. Privileged information, e.g., national defense, diplomatic, military secrets.
3. Right against self-incrimination

 Sub judice rule does not apply in inquiries in aid of legislation.

Party-List

Prohibited Party-lists (RUFA)

1. Religious sects
2. Seek to achieve goals through unlawful means

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 3. Refuse to adhere to the Constitution
4. Supported by foreign government

Expulsion of Representative
 The question on the validity of the Representative’s expulsion from the party-list
falls within the jurisdiction of the HRET, as it unmistakably affects his
qualifications as party-list representative.

Other topics for consideration:

 Nominee who does not belong to the sector being represented.

Powers of Constitutional Commissions

Civil Service Commission

 CSC, on its own, does not have the power to terminate employment or drop
members from the rolls.
 Individuals occupying non-competitive positions (policy determining, primarily
confidential, highly technical [PHP]) have the right to security of tenure.
o However, the termination of their official relation can be justified on the
ground of loss of confidence because in that case their cessation from
office involves no removal but the expiration of the term of office.
 Partisan Political Campaign
o Any form of solicitation of votes in favor of a specific candidate.
o Does not prevent the expression of views on current political problems or
issues, or mention of the names of candidates for public office whom the
public officer supports.
o Exempt from prohibition:
 Cabinet members
 Holding political offices
 Rules on holding multiple positions
o 1 year appointment ban for those who lost the election

Commission on Elections
 Nuisance candidates
o The equal access to opportunities for public office under Article II is not
self-executory. Such privilege may be subjected to limitations.
 COMELEC cannot decide questions involving the right to vote.
 The finding of probable cause and the prosecution of election offenses rest in the
COMELEC’s sound discretion.
o Prosecutor merely derives his authority from the COMELEC.

Separation of Powers

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  Legislation belongs to Congress, execution to the Executive, and settlement of
legal controversies to the Judiciary.
 Each is prevented from invading the domain of the others.

System of Checks and Balances

 It does not follow from the fact that the three powers are to be kept separate and
distinct that the Constitution intended them to be absolutely unrestrained and
independent of each other.
 The Constitution has provided for an elaborate system of checks and balances to
secure coordination in the workings of the various departments of the
government.

Process of Legislation

Three-Reading Rule
 Three readings on separate days
o EXC: When the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency.
 Still three readings but need not be on separate days.

Enrolled Bill Doctrine

 The signing of a bill by the Speaker of the House and the Senate President
and the certification of the Secretaries of both Houses of Congress that it was
passed is conclusive not only as to its provisions but also as to its due
enactment.

President has 30 days from receipt to veto, otherwise, the bill becomes a law.
 2/3 vote to override veto.

Bills that must originate from the House (ART IPL)

1. Appropriation
2. Revenue
3. Tariff
4. Bills authorizing increase of public debt
5. Private bills
6. Bills of local application

 NOTE: Senate may concur or propose amendments.

Senate Quorum

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  The basis in determining the existence of a quorum in the Senate is the total
number of Senators who are in the country and within the coercive
jurisdiction of the Senate.
o Not included:
 Out of country
 Incapacitated

Voting Majorities – See Annex

Natural Resources

State-Owned Properties (PW2ET F2OM)

 Lands of public domain
 Waters
 Wildlife
 All sources of potential energy
 Forests and timber
 Flora and fauna
 Fisheries
 Other natural resources
 Minerals, coals, petroleum, and other mineral oils

NOTE: All natural resources cannot be alienated, except agricultural lands.

Nationalization Principles
 Alienable lands
o Private corporations or associations may only lease
 <= 1,000 hectares
 <=25 years, renewable for <=25 years
o Filipino citizens
 Lease -- <=500 hectares
 Acquire – 12 hectares (PGH)
 Purchase, homestead, or grant
o GR: No private lands shall be transferred or conveyed except to
individuals, corporations, or associations qualified to acquire or hold lands
of the public domain.
 EXC: In cases of hereditary succession.
o A natural-born Filipino citizen who has lost his Philippine citizenship may
be a transferee of private lands, subject to limitations provided by law.
 The exploration, development and utilization (EDU) of all natural
resources shall be under the full control and supervision of the State either by
directly undertaking such EDU or through co-production, joint venture, or
production sharing agreements with Filipino citizens, or corporations or
associations at least 60% of whose capital is owned by Filipinos.
o EXC: The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for
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 large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms and
conditions provided by law, based on real contributions to the economic
growth and general welfare of the country.
 ***The use and enjoyment of the marine wealth of the archipelagic waters,
territorial sea, and the EEZ shall be reserved for Filipino citizens.

 Ownership of Corporations
o For purposes of determining compliance with the constitutional or
statutory ownership requirement,
 The required percentage of Filipino ownership shall be applied to
BOTH
 (a) the total number of outstanding shares of stock entitled
to vote in the election of directors, and
 (b) the total number of outstanding shares of stock, whether
or not entitled to vote.
Amendment and Revision of the Constitution

Amendment Revision
Affects
Adds, reduces, deletes WITHOUT basic principles
altering basic principle Alters the substantial entirety of the
Constitution

Two-Part Test
1. Quantitative Test
a. Whether the change is so extensive as to change the “substance entirety”
by the number of provisions affected without considering the degree of
change.
2. Qualitative Test
a. Whether the change will affect the nature of the basic governmental plan.

Steps in the Amendatory Process

I. Proposal
a. Constituent Assembly (ConAss)
i. Vote: ¾ of all Members (Silent as to joint or separate voting)
b. Constitutional Convention (ConCon)
i. How called
1. Congress may call a ConCon by a 2/3 vote of all its members
2. By a majority vote of all its members, Congress may submit
to the electorate the question of whether to call a ConCon or
not.
ii. Subject to judicial review, due to voting requirements.
c. People’s Initiative
i. Requirements

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 1. Petition must be signed be at least 12% of ALL REGISTERED
VOTERS.
2. Every legislative district represented by at least 3% of the
registered voters therein.
ii. Applies only to amendments, NOT revisions.

II. Ratification
a. Proposed amendment becomes part of the Constitution when ratified by a
MAJORITY of votes cast in a plebiscite held not earlier than 60 days nor
later than 90 days AFTER approval of the proposal by Congress, or the
Constitutional Convention, or after certification by COMELEC of the
sufficiency of the petition

Doctrine of Proper Submission

 The entire Constitution must be submitted for ratification at one plebiscite only.
 No piecemeal submission.

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