NOTES ON POLITICAL LAW

I. Basic Principles of Political Law

a. Separation of Powers

 The Doctrine of Separation of Powers is a fundamental principle in our system of

government. It implies that certain powers assigned by the Constitution to one
department can neither be surrendered nor delegated by that department, nor
vested by statute in another department or agency. Each department of the
government has exclusive cognizance of matters within its own sphere.

 The separation of powers is a fundamental principle in our system of

government. It obtains not through express provision but by actual division in
our Constitution. Each department of the government has exclusive cognizance
of matters within its jurisdiction, and is supreme within its own sphere. But 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. (Angara v. Electoral Commission)

 Purpose/Reason: It is intended to prevent a concentration of authority in one

person or group of persons that might lead to an irreversible error or abuse in its
exercise to the detriment of a republican institution. It is designed to secure
action and at the same time forestall overreaction which necessarily results from
undue concentration of powers, and thereby obtain efficiency and prevent
despotism.

 Leonen Case: Kilusang Mayo Uno v. Aquino III; 2019

The president is the head of the executive branch, a co-equal of the judiciary
under the Constitution. His or her prerogative is entitled to respect from
other branches of government. Inter-branch courtesy is but a consequence
of the doctrine of separation of powers.

This requirement goes into the nature of the judiciary as a co-equal branch
of government. It is bound by the doctrine of separation of powers, and will
not rule on any matter or cause the invalidation of any act, law, or
regulation, if there is no actual or sufficiently imminent breach of or injury to
a right. The courts interpret laws, but the ambiguities may only be clarified in
the existence of an actual situation.

As a component of the doctrine of separation of powers, courts must never

go into the question of the wisdom of the policy of the law.
b. Sovereignty

 It is the supreme power inherent in a state by which the state is governed. A

state must possess the power to command and enforce obedience and the right
to exercise its sovereign powers free from interference from other states.

 Sovereignty may be classified into internal and external. Internal sovereignty

refers to the power of the state to control its domestic affairs. External
sovereignty is the power of the state to direct its relations with other states.

 Leonen Case: Diocese of Bacolod v. COMELEC, 2015

Sovereignty resides in the people. Political speech is a direct exercise of

the sovereignty. "The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates
from them." – Article II, Section 1, Constitution

All governmental authority emanates from our people. No unreasonable

restrictions of the fundamental and preferred right to expression of the
electorate during political contests no matter how seemingly benign will
be tolerated.

This case defines the extent that our people may shape the debates
during elections. It is significant and of first impression. We are asked to
decide whether the Commission on Elections (COMELEC) has the
competence to limit expressions made by the citizens — who are not
candidates — during elections.

Proponents of the political theory on "deliberative democracy" submit that

"substantial, open, [and] ethical dialogue is a critical, and indeed
defining, feature of a good polity." This theory may be considered broad,
but it definitely "includes [a] collective decision making with the
participation of all who will be affected by the decision." It anchors on the
principle that the cornerstone of every democracy is that sovereignty
resides in the people. To ensure order in running the state’s affairs,
sovereign powers were delegated and individuals would be elected or
nominated in key government positions to represent the people. On this
note, the theory on deliberative democracy may evolve to the right of the
people to make government accountable. Necessarily, this includes the
right of the people to criticize acts made pursuant to governmental
functions.

c. Judicial Review
 Judicial Review is the power of the courts, ultimately the Supreme Court, to
interpret the Constitution and to declare any legislative or executive act invalid
because it is in conflict with the fundamental law.

 Constitutional Bases of Judicial Review:

o Sec. 5, Art. VIII

 The appellate jurisdiction of the Supreme Court to review, revise,
reverse, modify or affirm on appeal or certiorari as the law or the
Rules of Court may provide, final judgments, and orders of lower
courts
o Sec. 4(2), Art. VIII
 All cases involving the constitutionality of a treaty, international or
executive agreement, or law, which shall be heard by the
Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the
concurrence of a majority of the members who actually took part
in the deliberations on the issues in the case and voted thereon.
o Sec. 1, par. 2, Art. VIII
 To determine whether or not there has been grave abuse of
discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the government.

 Requisites of Judicial Review. The requisites for the exercise of the power of
judicial review:
o (1) there must be an actual case or justiciable controversy before this
Court;
o (2) the question before this Court must be ripe for adjudication;
o (3) the person challenging the act must be a proper party; and
o (4) the issue of constitutionality must be raised at the earliest opportunity
and must be the very litis mota of the case. (Araullo v. Aquino III)

 Leonen Case: Kilusang Mayo Uno v. Aquino III; 2019

Ripeness for adjudication as a requisite for Judicial Review. In every case,

remedies within the agency's administrative process must be exhausted
before external remedies can be applied. the failure to exhaust
administrative remedies affects the ripeness to adjudicate the
constitutionality of a governmental act, which in turn affects the
existence of the need for an actual case or controversy for the courts to
exercise their power of judicial review. The need for ripeness — an aspect
of the timing of a case or controversy — does not change regardless of
 whether the issue of constitutionality reaches the Court through the
traditional means, or through the Court's expanded jurisdiction. In fact,
separately from ripeness, one other concept pertaining to judicial review
is intrinsically connected to it: the concept of a case being moot and
academic.

Judicial Review, a power of the Supreme Court. A parameter of judicial

review is determining who can read the Constitution. Interpreting its text
has never been within the exclusive province of the courts. Other
branches of government are equally able to provide their own
interpretation of the provisions of our organic law, especially on the
powers conferred by the Constitution and those delegated by Congress to
administrative agencies. However, other departments' reading or
interpretation is limited only to a preliminary determination. Only this
Court can read the text of the Constitution with finality.

d. Fundamental Powers of the State

d.1 Police Power

 Police Power has been described as "the most essential, insistent and the
least limitable of powers, extending as it does to all the great public
needs." It is "the power vested in the legislature by the constitution to
make, ordain, and establish all manner of wholesome and reasonable
laws, statutes, and ordinances, either with penalties or without, not
repugnant to the constitution, as they shall judge to be for the good and
welfare of the commonwealth, and of the subjects of the same."

 Leonen Case: Southern Luzon Drug v. DSWD, 2017 (Leonen

cited DECS v. San Diego)

Police Power; Reason for Exercise; Requisites for Exercise of Power;

In the exercise of police power, "property rights of private individuals are
subjected to restraints and burdens in order to secure the general
comfort, health, and prosperity of the State." Even then, the State's claim
of police power cannot be arbitrary or unreasonable. After all, the
overriding purpose of the exercise of the power is to promote general
welfare, public health and safety, among others. It is a measure, which
by sheer necessity, the State exercises, even to the point of interfering
with personal liberties or property rights in order to advance common
good. To warrant such interference, two requisites must concur: (a) the
interests of the public generally, as distinguished from those of a
particular class, require the interference of the! State; and (b) the means
employed are reasonably necessary to the: attainment of the object
sought to be accomplished and not unduly oppressive upon individuals.
 In other words, the proper exercise of the police power requires the
concurrence of a lawful subject and a lawful method.

d.2 Eminent Domain

 Leonen Case: National Power Corporation v. Posada; 2015;

Eminent Domain an Inherent Power of the State; Limitations of the Power

The power of eminent domain is an inherent competence of the state. It is
essential to a sovereign. Thus, the Constitution does not explicitly define this
power but subjects it to a limitation: (1) that it be exercised only for public
use and (2) with payment of just compensation. Whether the use is public or
whether the compensation is constitutionally just will be determined finally by
the courts.

Expropriation
In essence, expropriation is forced private property taking, the landowner
being really without a ghost of a chance to defeat the case of the
expropriating agency. In other words, in expropriation, the private owner is
deprived of property against his will. Withal, the mandatory requirement of
due process ought to be strictly followed, such that the state must show, at
the minimum, a genuine need, an exacting public purpose to take private
property, the purpose to be specifically alleged or least reasonably deducible
from the complaint.

Public Use as a Requirement; Expanded Meaning of Public Use

Public use, as an eminent domain concept, has now acquired an expansive
meaning to include any use that is of "usefulness, utility, or advantage, or
what is productive of general benefit [of the public]." If the genuine public
necessity—the very reason or condition as it were— allowing, at the first
instance, the expropriation of a private land ceases or disappears, then there
is no more cogent point for the government’s retention of the expropriated
land. The same legal situation should hold if the government devotes the
property to another public use very much different from the original or
deviates from the declared purpose to benefit another private person. It has
been said that the direct use by the state of its power to oblige landowners
to renounce their productive possession to another citizen, who will use it
predominantly for that citizen’s own private gain, is offensive to our laws.
Considering that eminent domain is the taking of private property for public
use, no expropriation proceeding can continue if the property to be
expropriated will not be for public use.

 Leonen Case: NAPOCOR v. Posadas; 2015;

 Expropriation; Just Compensation;
Just compensation, on the other hand, is the final determination of the fair
market value of the property. It has been described as "the just and
complete equivalent of the loss which the owner of the thing expropriated
has to suffer by reason of the expropriation."

The determination of "just compensation" in eminent domain cases is a

judicial function. The executive department or the legislature may make the
initial determinations but when a party claims a violation of the guarantee in
the Bill of Rights that private property may not be taken for public use
without just compensation, no statute, decree, or executive order can
mandate that its own determination shall prevail over the court’s findings.
Much less can the courts be precluded from looking into the "just-ness" of
the decreed compensation.

 Requisites for the valid exercise of the power of Eminent Domain by

Local Government Units:

1. An Ordinance is enacted by the local legislative council authorizing the

local chief executive, in behalf of the LGU, to exercise the power of
eminent domain or pursue expropriation proceeding over a particular
private property.

NOTE: LGU cannot authorize an expropriation of private property

through a mere resolution of its lawmaking body.

2. It must be for Public Use, purpose, or welfare or for the benefit of the
poor or landless

NOTE: Property already devoted to public use may not be taken

for another public use. (City of Manila v. Chinese Community of
Manila, G.R. No. L-14355, October 31, 1919)

3. There must be payment of Just Compensation

4. A valid and definite Offer has been previously made to the owner of the
property sought to be expropriated, but said offer was not accepted.
(Municipality of Paranaque v. V.M. Realty Corporation, G.R. No. 127820.
July 20, 1998)

 Due Process Requirements in Eminent Domain:

There must be an offer in writing specifying:
 Property sought to be acquired
 The reason for the acquisition
 The price offered
 d.3 Taxation

 Taxation is a mode by which governments make exactions for revenue in

order to support their existence and carry out their legitimate objectives. It is
essential to the existence of every government. It exists apart from
constitutions and without being expressly conferred by the people.
Constitutional provisions relating to the power of taxation do not operate as
grants of the power to the government. They merely constitute limitations
upon a power which would otherwise be practically without limit. (1 Cooley
150). While the power to tax is not expressly provided for in our Constitution,
its existence is recognized by the provisions relating to taxation.

 Essentially a legislative function - The power to tax is peculiarly and

exclusively legislative and cannot be exercised by the executive or judicial
branch of the government (1 Cooley 160-161). Hence, only Congress, our
national legislative body, can impose taxes. The levy of a tax, however, may
also be made by a local legislative body subject to such limitations as may be
provided by law.

 Leonen Case: Lucena Demaala v. COA; 2015;

Taxation as an inherent power of the State; Power to Tax as delegated to

Political Subdivisions;
The power to tax is an attribute of sovereignty. It is inherent in the state.
Provinces, cities, municipalities, and barangays are mere territorial and
political subdivisions of the state. They act only as part of the sovereign.
Thus, they do not have the inherent power to tax. Their power to tax must
be prescribed by law.

II. Bill of Rights

a. Due Process

 The purpose of the guaranty of due process is to prevent arbitrary governmental

encroachment against life, liberty, and property of individuals. The guaranty of
due process serves as a protection against arbitrary regulation or seizure. (White
Light Corp. v. City of Manila)

 While it is true that the State can deprive its citizens of their life, liberty, or
property, it must do so in observance of due process of law. This right is the
embodiment of the supporting idea of fair play and its essence is that it is a law
which hears before it condemns, which proceeds upon inquiry, and renders
judgment only after trial. (Santiago v. Alikapala)

 Two Aspects of Due Process:

 (1) Substantive Due Process – it requires that the law itself is valid, fair,
reasonable, and just. For the law to be fair and reasonable, it must have a valid
objective and is pursued in a lawful manner. The objective of the law is valid
when it pertains to the interest of the general public.

(2) Procedural Due Process – it requires an opportunity to be heard in which

every person is given the chance to defend himself or explain his side through
the protection of general rules of procedure. It contemplates notice and
opportunity to be heard before judgment is rendered.

 Leonen Case: Edwin Reyes v. Office of the Ombudsman; 2017;

Procedural Due Process; Opportunity to be heard;

We have consistently held that the essence of due process is simply an
opportunity to be heard, or an opportunity to explain one's side or an
opportunity to seek for a reconsideration of the action or ruling complained of.
For as long as the parties are given the opportunity to present their cause of
defense, their interest in due course as in this case, it cannot be said that there
was denial of due process.

 Leonen Case: Alberta Iglesias v. Office of the Ombudsman; 2017

Administrative Due Process; Notice Requirement; Purpose of Notice;

In observing administrative due process, it is essential that the accused be
accorded the right to be informed of the accusations against him or her. Fair play
requires that the accused be equipped with the necessary information for the
preparation of his or her defense.

b. Equal Protection

 The guarantee of equal protection means that no person or class of persons shall
be deprived of the same protection of the laws which is enjoyed by other
persons or other classes in the same place in like circumstances. It means that
all persons or things similarly situated should be treated alike, both as to the
rights conferred and responsibilities imposed. (PhilJA v. Prado; 1993)

 Reasonable Classification: (Victoriano v. Elizalde Workers Union; cited by Leonen

in Zomer v. CA)

The equal protection of the laws clause of the Constitution allows classification.
Classification in law, as in the other departments of knowledge or practice, is the
grouping of things in speculation or practice because they agree with one
another in certain particulars. A law is not invalid because of simple inequality.
The very idea of classification is that of inequality, so that it goes without saying
 that the mere fact of inequality in no manner determines the matter of
constitutionality.

All that is required of a valid classification is that it be reasonable, which means

that the classification should be:
(1) based on substantial distinctions which make for real differences;
(2) that it must be germane to the purpose of the law;
(3) that it must not be limited to existing conditions only; and
(4) that it must apply equally to each member of the class.
This Court has held that the standard is satisfied if the classification or distinction
is based on a reasonable foundation or rational basis and is not palpably
arbitrary.

 Leonen Case: Zomer Development Co. v. CA; 2020

Equal Protection; Reasonable

The Constitution guarantees that no person shall be denied equal protection of
the laws. The right to equal protection of the laws guards "against undue favor
and individual or class privilege, as well as hostile discrimination or the
oppression of inequality.

Equal protection, however, was not intended to prohibit the legislature from
enacting statutes that either tend to create specific classes of persons or objects,
or tend to affect only these specific classes of persons or objects. Equal
protection "does not demand absolute equality among residents; it merely
requires that all persons shall be treated alike, under like circumstances and
conditions both as to privileges conferred and liabilities enforced.

c. Freedom of Expression

 “No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.” (Section 4, Article III, Constitution)

 Freedom of expression is accorded the highest protection in the Bill of Rights

since it is indispensable to the preservation of liberty and democracy.

 The protection of the freedom covers the following:

(1) Freedom from Prior Restraint
 Freedom from censorship or governmental screening of what is politically,
morally, socially, and artistically correct.
(2) Freedom from Subsequent Punishment
 Refers to the assurance that citizens can speak and express their opinions
without fear of retaliation by the government. Subsequent punishment
 has the effect of unduly curtailing expressing, and thus freedom
therefrom is essential to the freedom of speech and the press.

 Freedom of expression is accorded the highest protection in the Bill of Rights

since it is indispensable to the preservation of liberty and democracy.

 Leonen Case: Diocese of Bacolod v. COMELEC; 2015;

Freedom of Expression is not absolute, subject to regulation; Content-based

regulation;
The right to freedom of expression is indeed not absolute. Even some forms of
protected speech are still subject to some restrictions. The degree of restriction
may depend on whether the regulation is content-based or content-neutral.
Content-based regulations can either be based on the viewpoint of the speaker
or the subject of the expression.

A content-based regulation, however, bears a heavy presumption of invalidity

and is measured against the clear and present danger rule. The latter will pass
constitutional muster only if justified by a compelling reason, and the restrictions
imposed re neither overbroad nor vague.229 (Citations omitted)

Under this rule, "the evil consequences sought to be prevented must be

substantive, ‘extremely serious and the degree of imminence extremely high.’
"Only when the challenged act has overcome the clear and present danger rule
will it pass constitutional muster, with the government having the burden of
overcoming the presumed unconstitutionality.

d. Rights during Expropriation

(Please see related discussion in Eminent Domain)

e. Searches and Seizures

 Article III, Sec. 2 of the Constitution:

“The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the
persons or things to be seized.”

 Leonen Case: PP v. Jaime Sison; 2019;

Valid Search Warrant issued by a Judge; Probable Cause;

 To be valid, searches must proceed from a warrant issued by a judge. While
there are exceptions to this rule, warrantless searches can only be carried out
when founded on probable cause, or "a reasonable ground of suspicion
supported by circumstances sufficiently strong in themselves to warrant a
cautious man to believe that the person accused is guilty of the offense with
which he is charged." There must be a confluence of several suspicious
circumstances. A solitary tip hardly suffices as probable cause; items seized
during warrantless searches based on solitary tips are inadmissible as evidence.

Exclusionary Rule; Fruit of Poisonous Tree;

Article III, Section 3(2) of the Constitution stipulates that illegal searches and
seizures result in the inadmissibility in evidence of whatever items were seized:
SECTION 3....”(2) Any evidence obtained in violation of [the right against
unreasonable searches and seizures shall be inadmissible for any purpose in any
proceeding.”

This exclusionary rule is a protection against erring officers who deliberately or

negligently disregard the proper procedure in effecting searches, and would so
recklessly trample on one's right to privacy. By negating the admissibility in
evidence of items seized in illegal searches and seizures, the Constitution
declines to validate the law enforcers' illicit conduct. "Evidence obtained and
confiscated on the occasion of such an unreasonable search and seizure is
tainted and should be excluded for being the proverbial fruit of a poisonous tree.
(Ambre v. People, cited by Leonen in this case)

 Leonen Case: Manibog v. PP; 2019;

Requirements of a valid “Stop and Frisk” Search / Terry Search;

In direct contrast with warrantless searches incidental to a lawful arrest, stop
and frisk searches are conducted to deter crime. People v. Cogaed (case)
underscored that they are necessary for law enforcement, though never at the
expense of violating a citizen's right to privacy:

"Stop and frisk" searches (sometimes referred to as Terry searches) are

necessary for law enforcement. That is, law enforcers should be given the legal
arsenal to prevent the commission of offenses. However, this should be balanced
with the need to protect the privacy of citizens in accordance with Article III,
Section 2 of the Constitution.

The balance lies in the concept of "suspiciousness" present in the situation where
the police officer finds himself or herself in. This may be undoubtedly based on
the experience of the police officer. Experienced police officers have personal
experience dealing with criminals and criminal behavior. Hence, they should have
the ability to discern — based on facts that they themselves observe — whether
an individual is acting in a suspicious manner. Clearly, a basic criterion would be
 that the police officer, with his or her personal knowledge, must observe the
facts leading to the suspicion of an illicit act.

Manalili and Solayao (case) upheld the warrantless searches conducted because
"the police officers[,] using their senses[,] observed facts that led to the
suspicion." Furthermore, the totality of the circumstances in each case provided
sufficient and genuine reason for them to suspect that something illicit was
afoot.

For a valid stop and frisk search, the arresting officer must have had personal
knowledge of facts, which would engender a reasonable degree of suspicion of
an illicit act. Cogaed (case) emphasized that anything less than the arresting
officer's personal observation of a suspicious circumstance as basis for the
search is an infringement of the "basic right to security of one's person and
effects."

Malacat (case) instructed that for a stop and frisk search to be valid, mere
suspicion is not enough; there should be a genuine reason, as determined by the
police officer, to warrant a belief that the person searched was carrying a
weapon. In short, the totality of circumstances should result in a genuine reason
to justify a stop and frisk search.

Chief Justice Bersamin cautioned against warrantless searches based on just one
(1) suspicious circumstance. There should have been "more than one seemingly
innocent activity, which, taken together, warranted a reasonable inference of
criminal activity" to uphold the validity of a stop and frisk search.

Accordingly, to sustain the validity of a stop and frisk search, the arresting officer
should have personally observed two (2) or more suspicious circumstances, the
totality of which would then create a reasonable inference of criminal activity to
compel the arresting officer to investigate further.

III. Composition and Powers of the Government Organs

a. Executive Department
Composition President - The executive power is vested in the President of the
Philippines. (Section 1, Art VII, Constitution)

Vice-President

Term of Office President: Six (6) years, which shall begin at noon on the 30th of
June next following the day of the election and shall end at noon of
the same date six years thereafter.

Note: Since the term is fixed in the Constitution, Hold-Over Doctrine

 will not apply. The doctrine can only be invoked where the
Constitution so provides. The President cannot arrogate unto himself
the power to continue in office simply because his successor has not
yet been elected and qualified within the time designated by the
Constitution.

Power 1. Executive and Administrative Power, in general

 executes and enforces the laws of the Land.

2. Power of Appointment
 Fundamentally and intrinsically an executive prerogative
involving the exercise of discretion; not subject to judicial
review, unless done in violation of the Constitution;
 Officials subject to appointing power of the President:
a. Those positions which need to be confirmed by the
Commission on Appointment:
i. Heads of Executive Departments,
ii. Ambassadors,
iii. Other Public Ministers and Consuls,
iv. Officers of the AFP from the rank of colonel or
naval captain, and
v. Other officers whose appointments are vested in
him by the Constitution (e.g. Chairpersons of
Constitutional Commissions, Members of the
Judicial and Bar Council)
b. All other officers of the Government whose appointments
are not otherwise provided by law;
c. Those, who, the President may be authorized by law to
appoint;
d. Officers lower in rank in whose appointments the
Congress may by law vest in the President alone.

3. Power of Removal
 Implied in the power to appoint is the power to remove
the official appointed to the office, unless expressly limited
by the Constitution or statute.
 Members of the Supreme Court, Chairmen and Members
of Constitutional Commissions, the Ombudsman – they
cannot be removed by the President, they can only be
removed by impeachment.

4. Power of Control and Supervision

 Control – power of a superior officer to alter, modify,
nullify, or set aside what a subordinate official has done in
the performance of his duties and to substitute the
judgment of the former to the latter.
 Supervision – power of mere oversight over an inferior
body; does not include any restraining authority over such
body.
Note: The President has control of all the executive
departments, bureaus, and offices. The President has
power over local governments to one of general
supervision.
5. Military Power
a. Calling Out Power – The President may call out the armed
forces to prevent or suppress lawless violence, invasion, or
rebellion.
b. Suspension of the Privilege of Writ of Habeas Corpus –
In case of invasion or rebellion, when public safety requires it,
he may, for a period not exceeding 60 days, suspend the
privilege of the writ of habeas corpus, or place the Philippines
or any part thereof under martial law.

6. Pardoning Power (Executive Clemency)

Pardon – is an act of grace which exempts the individual on
whom it is bestowed from the punishment which the law
inflicts for the crime he has committed.
Amnesty - is an act of sovereign power granting oblivion or
a general pardon for a past offense, and is rarely if ever,
exercised in favor of a single individual but is usually
addressed to certain classes of persons who are subject to
trial but have not yet been convicted.

7. Diplomatic Power
 As the Chief Architect of our country’s foreign relations, it is
the President who negotiates and ratifies treaties, and not
even the Senate or the House of Representatives, unless
asked, may intrude upon the process. The President is the sole
organ of the nation in its external relations and its sole
representative with foreign nations.
 The power to ratify is vested in the President subject to the
concurrence of the Senate (2/3).

8. Delegated Powers
a. Emergency Powers – in times of war, or other national
emergency, the Congress may, by law, authorize the President
to exercise powers necessary and proper to carry out a
declared national policy.
b. Tariff Powers – The Congress, may by law, authorize the
President to fix within specified limits tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties
or imposts within the framework of the national development
program of the Government.

9. Borrowing Power
 The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines with prior concurrence
of the Monetary Board, and subject to such limitations as may
be provided by law.

10. Residual Power

 The unstated powers residing in the President to do anything
which is not forbidden by the Constitution to promote and
safeguard the welfare of the people founded on his duty as
 steward of the people and protector of peace.

Privileges Presidential Privileges include the ff:

1. Official Residence
2. Salary
3. Immunity from Suit
 Only DURING his or her tenure;
 Personal to the President; only he can invoke such; may be
waived;
4. Presidential Communication Privilege (Executive Privilege)
 The President could not be compelled to disclose certain
information to the public, courts, and the Congress.

Prohibitions, 1. Receive any other emolument from the government or any other
Inhibitions, source;
Disqualifications 2. Hold any other office or employment during their tenure;
3. Practice, directly or indirectly, any other profession during their
tenure;
4. Participate in any business;
5. Be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government, including GOCCs;
6. Shall avoid conflict of interest in conduct of office;
7. Shall avoid nepotism
 The spouse and relatives by consanguinity or affinity within
the fourth civil degree of the President shall not during his be
appointed as:
a) Members of the Constitutional Commissions,
b) Office of the Ombudsman,
c) Secretaries,
d) Undersecretaries,
e) Chairmen or Heads of Bureaus or Offices, including GOCCs
and their subsidiaries
 What is prohibited is appointment or re-appointment, but not
continuation of office.
 Prohibited is limited only to those offices enumerated.

b. Legislative Department
Senators
Composition 24 senators (elected at large by
qualified voters of the Philippines,
as may be provided by law)
Members of HoR
Not more than 250 members,
unless otherwise fixed by law
(currently we have 304 reps).

 (80%) District Reps

 (20%) Party-list Reps

NOTE: Congress itself may

increase the composition of the
HOR through creation of new
provinces, redistricting, and
attendant adjustments in
 number of party-list
representatives.

Term of Office Senators Members of HoR

Six (6) years; Three (3) years;
No Senator shall serve for more Maximum of three (3)
than two (2) successive terms. consecutive terms.

Powers Legislative Power

 Power to make laws, to alter, and repeal them. This power is
plenary, unlimited, absolute and general, subject only to the
limitations prescribed by the Constitution.
 Substantive Limitations:
(1) Cannot pass irrepealable laws;
(2) Cannot pass ex post facto laws (restrospective laws) or bill
of attainder (act of legislature declaring a person guilty
and punishes them without trial);
(3) Congress may not increase the appropriation
recommended by the President for the operation of the
Government as specified in a budget;
(4) Every bill passed by the Congress shall embrace one
subject which shall be expressed in the title thereof;
(5) No public money or property shall be appropriated for
religious purposes;
(6) No law shall be passed increasing the appellate jurisdiction
of the Supreme Court without its advice and concurrence;
(7) Congress cannot enact a law granting title of royalty or
nobility;
 Procedural Limitations:
(1) No bill passed by either house shall become a law unless it
has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its
members three days before its final passage;
(2) Upon the last reading of a bill, no amendment thereto shall
be allowed;
(3) All appropriations, revenue or tariff bills, bills authorizing
increase of public debts, bills of local applications, and
private bills shall originate exclusively in the House of
Representatives;

“Power of the Purse”/ Power of Appropriation

 Power to determine the budget of the Government through the
enactment of an appropriation law.

Oversight Powers of the Congress

 Embraces all activities undertaken by Congress to enhance its
understanding of and influence over the implementation of
legislation it has enacted. (Scrutiny, Congressional Investigation,
Legislative Supervision)

Legislative Investigation
 The Senate or the HOR or any of its respective committees may
 conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in,
or affected by, such inquiries shall be respected.
 Limitations:
(1) Constitutional rights to counsel and against self-incrimination
must be respected;
(2) The Rules of Procedure to be followed must be published.
(3) The investigation must be in aid of legislation.
(4) The Congress may not summon the President as witness or
investigate the latter in view of the doctrine of separation of
powers, except in impeachment cases;

Contempt Powers
 Although not expressly granted by the Constitution, this power
has nevertheless been invoked to preserve the authority and
dignity of the Congress.

Power to Delegate Emergency Power (to the President)

Powers of Congress Not Legislative in Nature

1. Power to declare the existence of war, upon 2/3 votes, in joint
sessions;
2. To decide on the disability of the President;
3. Power to revoke or extend the declaration of Martial Law or
the suspension of the privilege of the writ of habeas corpus;
4. Senate’s power to concur to treaties or international
agreements, requiring 2/3 votes of all the members of the
Senate;
5. Acting as the canvassing body for the Presidential and VP
election and to proclaim the winners;
6. Power to concur to amnesty granted by the President;
7. Power to initiate and try impeachment cases;

Immunities 1. Immunity from Arrest

 A Senator or Member of the HoR shall, in all offenses
punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session.
 To ensure representation of the constituents of the Members
of the Congress by preventing attempts to keep him/her from
attending its sessions.
2. Privilege Speech and Debate
 No members shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.
 To provide the legislator more freedom in expressing his views
on matters invested with public interest without fear of
accountability outside the halls of Congress for his inability to
support his statements with the usual evidence required in the
court of justice.

Prohibitions 1. Incompatible Office

 Where there is conflict in the duties of the office, so that the
 performance of the duties of one interferes with the
performance of the duties of the other.
 To preserve independence of the legislature in accord with the
principle of separation of powers.
 If in case the legislator accepts another office, he is deemed
to have automatically forfeited his membership in the
Congress.
2. Forbidden Office
 Members of the Congress, although willing to forfeit his
position as a legislator, he may not still be appointed to any
office in the government if that has been created or the
emoluments thereof has been increased during his term.
3. Other Prohibitions
 Cannot appear as counsel
 Shall not be interested financially, directly or indirectly, in any
contract with or in any franchise of special privilege granted by
the government
 Shall not intervene in any matter before any office of the
government for his pecuniary benefit or where he may be
called upon to act on account of his office

c. Judicial Department

Composition The Supreme Court is composed of:

 1 Chief Justice, and
 14 Associate Justices

Filling up of Vacancies
Vacancies in the Supreme Courts – should be filled up within ninety
(90) days from the occurrence of vacancy.
Vacancies in the Lower Courts – should be filled up within 90 days
from submission to the President of the list by the JBC.

Note: Filling up of the vacancy in the Supreme Court within the 90-
day period is an exception to the prohibition on midnight
appointments of the President. (Ban Period: 2 months before the next
presidential elections)

Power Doctrine of Judicial Supremacy – Judiciary is vested with the

power to annul the acts of either the legislative or the executive or of
both when not in conformable to the fundamental law. However,
when the Judiciary mediates to allocate constitutional boundaries, it
does not assert any superiority over the other departments, but rather
simply making sure that any act of government is done in consonance
with the authorities and rights allocated to it by the Constitution.

Judicial Power – the power to apply the laws to contests or disputes

between individual litigants in cases properly brought before judicial
tribunals or concerning legally recognized rights and duties between
the State and private persons. It includes the determination of
whether or not there had been grave abuse of discretion amounting to
 lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government (Expanded Scope).

Judicial Review – the power of the courts, ultimately the Supreme

Court, to interpret the Constitution and to declare any legislative or
executive act invalid because it is conflict with the fundamental law.

 Rule on Double Negative – When the Court sustains the

constitutionality of a law, it uses the term “not
unconstitutional”, for the reason that a law enjoys the
presumption of constitutionality.

Judicial Inquiry – the power of the court to inquire into the exercise
of discretionary powers to determine whether there is a grave abuse
of discretion amounting to lack or excess of jurisdiction.

Privileges Fiscal Autonomy – Appropriations for the Judiciary may not be

reduced by the legislature below the amount appropriated for the
previous year, and, after approval, shall be automatically and regularly
released. It guarantees full flexibility to allocate and utilize resources
with the wisdom and dispatch that the need requires. The Judiciary
may manage and dispose its own resources.

IV. Judicial Review

 Judicial Review – (See discussion in Part I. Basic Principles, Section C. Judicial

Review)

 Judicial Power – is the authority to settle justiciable controversies or disputes

involving rights which are legally enforceable and demandable before the courts
of justice or the redress of wrongs for violation of such rights. Judicial Power is
vested in one Supreme Court and in such lower courts as may be established by
law.
o Expanded Scope of Judicial Power
 The judicial power now includes the duty or authority of the
courts to determine whether or not there had been grave abuse
of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the government.
 Purpose: To eliminate the defense of political questions which, in
the past, deprived the Supreme Court of the jurisdiction to strike
down abuses of the government. (Arroyo v. House Electoral
Tribunal)
o Political Question vs Justiciable Question
 Political Question - an issue which involves the policy or the
wisdom of the law or act, or the morality or efficacy of the same.
Generally, it cannot be inquired by the courts.
  Justiciable Question – an issue that affects the civil, personal, or
property rights accorded to every member of the community or
nation; or one involving an active and antagonistic assertion or a
legal right on one side and a denial thereof on the other
concerning a real and not a mere theoretical thought.
 While the court has no power to substitute its judgment
for that of the Congress (legislative) or of the President
(executive), the Court may look into the question of
whether such exercise has been made in grave abuse of
discretion.

 Principle of Judicial Restraint – it states that every intendment of the law

must be adjudged by the courts in favor of its constitutionality, invalidity being a
measure of last resort. It is a theory of judicial interpretation that encourages
judges to limit the exercise of judicial power, for it is a common-law principle
that serves the public interest to allow political processes to operate without
undue interference.

V. Supervision of Courts

 Administrative Supervision over Courts and Personnel

o The Supreme Court shall have administrative supervision over all courts and the
personnel thereof. (Section 6, Article VIII, Constitution)
o The Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of a majority of the Members who
actually took part in the deliberations on the issues in the case and voted
thereon. (Section 11, Article VIII, Constitution)
o This is among the constitutional safeguards for the independence of the
Judiciary.

VI. Powers of the Supreme Court

Summary:

1. Original Jurisdiction
2. Appellate Jurisdiction
3. Temporary Assignment of Judges
4. Order a Change of Venue
5. Rule Making Power
6. Power to Appoint a Personnel
7. Administrative Supervision over Courts and Personnel

1. Original Jurisdiction
Exercise original jurisdiction over:

(1) cases affecting ambassadors, other public ministers and consuls, and

(2) over petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.

The first set of cases involves diplomatic agents, who under international law are
considered representatives of the States where they are nationals. It is an
internationally recognized principle that an ambassador, being a representative
or extension of a sovereign state, has immunity from suits in the receiving state.
As such, when there is a valid waiver of immunity, or when it is the diplomat
who initiated the action, the same may be heard for the first time in the
Supreme Court.

The second set of cases involves special civil actions.

(1) Certiorari – filed by a person who is aggrieved by a tribunal, board or

officer exercising judicial or quasi-judicial functions that had acted
without or in excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, AND, there is no
plain and speedy remedy in the ordinary course of law. Its purpose is to
invalidate a judgment rendered without or in excess of authority or
jurisdiction.
(2) Prohibition – filed by a person aggrieved in the proceedings of any
tribunal, corporation, board, officer or person, whether exercising judicial,
quasi-judicial or ministerial functions, which proceedings are without or in
excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, AND, there is no plain and
speedy remedy in the ordinary course of law. Its purpose is to stop a
tribunal or person from further engaging in proceedings done without or
in excess of authority or jurisdiction.
(3) Mandamus – filed by a person aggrieved by any corporation, board,
officer or person, who unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from office, trust, or
station, OR unlawfully excludes another from the use and enjoyment of a
right or office to which such other is entitled to, AND there is no plain,
adequate, and speedy remedy in the ordinary course of law. Its purpose
is to compel the performance of a ministerial duty or duty mandated by
law to be performed under certain circumstances.
(4) Quo Warranto – instituted by the Philippine Government against a
person, public officer, or association which usurps, unlawfully holds,
intrudes into an office, position, or franchise. Its purpose is to recover an
office or position from a usurper or from an officer, who has forfeited his
office, and a franchise from a corporation without legal personality.
(5) Habeas corpus – a special proceeding, the purpose of which is to grant
speedy remedy for the release of a person illegally confined or detained,
 or for the grant of rightful custody over a child or person to someone
from whom the custody is withheld or to whom it rightfully belongs.

2. Appellate Jurisdiction

Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or

the Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.

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

(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.

(e) All cases in which only an error or question of law is involved.

It is important to note that only cases involving error of question of law are
appealable to the Supreme Court, as a rule. Under the Rules of Court, the mode
of appeal to the Supreme Court appropriate in cases involving purely question of
law is certiorari under Rule 45.

3. Temporary Assignment of Judges

This power reinforces the independence of the Supreme Court from the
Executive Department as well as balances the powers of the Government. Under
the law and the present rules, only the Supreme Court has the power to do so
with a view to a better administration of justice, faster disposition of cases, and
also impartial decision making, under the condition that the same is dictated by
public interest and provided further that such temporary assignment shall not
exceed six (6) months without the consent of the judge concerned.

4. Order a Change of Venue

Where there are serious and weighty reasons present, which would prevent the
court of original jurisdiction from conducting a fair and impartial trial, the Court
may order a change of venue to prevent a miscarriage of justice.

5. Rule-Making Power

o The Power: To promulgate rules concerning:

(1) the protection and enforcement of constitutional rights,
 (2) pleading, practice, and procedure in all courts,
(3) the admission to the practice of law,
(4) the Integrated Bar, and
(5) legal assistance to the underprivileged.

o The Limitations to the Rule-Making Power:

i. shall be simplified and inexpensive procedure for the speedy disposition
of cases,
ii. shall be uniform for all courts of the same grade,
iii. shall not diminish, increase, or modify substantive rights.

6. Power to Appoint Personnel

The Court has the power to appoint all officials and employees of the Judiciary in
accordance with Civil Service Law. Although the power to appoint is vested in the
President, the Supreme Court has the power to appoint officials and employees
of the Judicial Department

7. Administrative Supervision over Courts and Personnel (see previous discussion)

VII. Qualifications, Disqualifications, and Selection of the following:

 Qualifications
President (1) Natural-born citizen of the Philippines;
(2) A registered voter;
(3) Able to read and write;
(4) At least forty years of age on the day of the election; and
(5) A resident of the Philippines for at least 10 years immediately
preceding such election. (art. VII, sec. 2)

Vice President Qualifications, election and term of office and removal are same as
the President, except that no Vice-President shall serve for more than
2 successive terms.

Senators (1) Natural-born citizen

(2) At least 35 years old on the day of the election
(3) Able to read and write
(4) A registered voter
(5) Resident of the Philippines for at least 2 years immediately
preceding the day of the election

Members of HoR For district representatives:

(1) Natural-born citizens
(2) At least 25 years old on the day of the election
(3) Able to read and write
(4) Registered voter in the district he seeks to represent (for district
representatives)
 (5) A resident of the said district for at least 1 year immediately
preceding the day of the election

For party-list representatives:

(1) Natural-born citizens
(2) At least 25 years old on the day of the election
(3) Able to read and write
(4) A registered voter
(5) A resident of the Philippines for a period not less than 1 year
immediately preceding the day of the election
(6) A bona fide member of the party or organization which he seeks
to represent for at least ninety (90) days preceding the day of the
election
 In case of a nominee of the youth sector, he must at least
be 25 but not more than 30 years of age on the day of the
election.

Justices & Judges For SC and Collegiate Courts Justices

(1) Natural-born Filipino citizen
(2) At least 40 years of age
(3) 15 years or more as a judge or a lower court or has been engaged
in the practice of law in the PHL for the same period
(4) Of proven competence, integrity, probity, and independence.

For Judges of Lower Courts

RTC Judge MTC/MCTC Judge
Natural-born Filipino citizen
Atleast 35 years old Atleast 30 years old
Has been engaged for at least 5 years in the practice of law* in the
PHLor has held public office in the PHL requiring admission to the
practice of law as an indispensable requisite.

Ombudsman (1) Natural-born citizens of the Philippines,

(2) At least 40 years of age,
(3) Of recognized probity and independence,
(4) Member of the Philippine bar,
(5) Must not have been candidates for any elective national or local
office in the immediately preceding election, whether regular or
special,
(6) Must have been, for 10 years or more, a judge or engaged in the
practice of law in the Philippines

Constitutional Civil Service Commission:

Commissioners (1) Natural-born citizens of the Philippines;
(2) At the time of their appointment, at least 35 years of age;
(3) With proven capacity for public administration; and
(4) Must not have been candidates for any elective position in the
election immediately preceding their appointment.

COMELEC:
(1) Must be natural-born citizens;
(2) At least 35 years of age;
 (3) Holders of a college degree;
(4) Have not been candidates in the immediately preceding election;
(5) Majority, including the Chairman, must be members of the
Philippine Bar who have been engaged in the practice of law for at
least 10 years.

COA:
(1) Natural born Filipino citizens;
(2) At least 35 years of age;
(3) CPAs with not less than 10 years of auditing experience OR
members of the Philippine bar with at least 10 years practice of
law (Note: At no time shall all members belong to the same
profession.)

 Disqualifications

Individuals who lack ANY of the qualifications prescribed by the Constitution or by law
for a public office are ineligible (i.e. disqualified from holding such office).

Authority: The legislature has the right to prescribe disqualifications in the same manner
that it can prescribe qualifications, provided that the prescribed disqualifications do not
violate the Constitution.

o General Constitutional Disqualifications

(1) Losing candidates cannot be appointed to any governmental office within
one year after such election. (Art. IX-B Sec. 6)
(2) Elective officials during their tenure are ineligible for appointment or
designation in ANY capacity to ANY public office or position [Art. IX-B
Sec. 7(1)] unless they forfeit their seat
(3) Appointive officials shall not hold any other governmental position.

Note: There is no violation when another office is held by a public officer

in an ex officio capacity (where one can’t receive compensation or other
honoraria anyway), as provided by law and as required by the primary
functions of his office. [National Amnesty Commission v. COA (2004)]

o Specific Constitutional Disqualifications

President
Shall not hold any other office or employment during their
Vice President tenure, UNLESS otherwise provided in the Constitution,
(Art. VII, Sec. 13)

Senators May not hold during his term any other office or
employment in the Government, or any subdivision, agency
or instrumentality thereof, including government - owned
or –controlled corporations or their subsidiaries
 Members of HoR
Effect: or else he forfeits his seat

Shall also not be appointed to any office when such was

created or its emoluments were increased during his term.
(Art. VI, Sec 13)

Members of the SC Shall not be designated to any agency performing quasi-

and other courts judicial or administrative functions. (Art. VIII, Sec. 12)
established by law

Members of the Must not have been candidates for any elective position in
Constitutional the elections immediately preceding their appointment ( Art
Commissions and his IX-B, Sec. 1; Art. IX-C, Sec. 1; Art. IX-D, Sec. 1; Art XI,
Deputies Sec. 8)

are appointed to 7-year term, without reappointment (Sec.

1(2) of Arts. IX-B, C, D; Art. XI, Sec. 11)
The President’s Shall not be appointed during President’s tenure as
spouse and relatives Members of the Constitutional Commissions, or the Office
by consanguinity or of the Ombudsman, or as Secretaries, Undersecretaries,
affinity within the chairmen or heads of bureaus or offices, including
fourth civil degree government-owned-or -controlled corporations. (Art.
VIII, Sec. 13)

o Other Disqualifications
(1) Mental or physical incapacity
(2) Misconduct or crime: persons convicted of crimes involving moral
turpitude are USUALLY disqualified from holding public office.
(3) Impeachment
(4) Removal or suspension from office: not presumed --- non-imposable
when such ineligibility is not constitutional or statutory declared.
(5) Previous tenure of office: for example, an appointed Ombudsman is
absolutely disqualified for reappointment (Article XI, Constitution).
(6) Consecutive terms limit:
(a) Vice-President = 2 consecutive terms
(b) Senator = 2 consecutive terms
(c) Representative = 3 consecutive terms
(d) Elective local officials = 3 consecutive terms (Sec. 8, Art. X,
Constitution)

Public officer’s voluntary renunciation of office for any length of time = an

interruption in the continuity of his service for the full term for which he
was elected.

(7) Holding more than one office: to prevent offices of public trust from
accumulating in a single person, and to prevent individuals from deriving,
directly or indirectly, any pecuniary benefit by virtue of their holding of
dual positions.
VIII. Immunity of the President, Privileges of Senators and Members of the House
of Representatives

a. President (See Discussion on Part III – Composition and Powers of Gov’t Organs)
b. Senators (See Discussion on Part III – Composition and Powers of Gov’t Organs)
c. Members of the House of Representatives (See Discussion on Part III –
Composition and Powers of Gov’t Organs)
IX. Structure of the Government

a. Composition (See Discussion on Part III – Composition and Powers of Gov’t Organs)
b. Functions (See Discussion on Part III – Composition and Powers of Gov’t Organs)
c. Powers and Privileges (See Discussion on Part III – Composition and Powers of
Gov’t Organs)
d. Separation of Powers (See Discussion on Part I. Basic Principles)

e. System of Checks and Balances

 Any excessive exercise by one department may be checked by others in accordance
with the mode prescribed by the Constitution.

 Purpose: To arrest the excesses committed by one department, and to keep the
erring department within its boundaries as mandated by the Constitution.

 Constitutional provisions exemplifying Principle of Checks and Balance:

o The President may veto any bill enacted by Congress whenever in his judgment
the proposed bill will not promote the common good.
o The Congress by 2/3 vote of each House, voting separately, may override the
veto of the President in which case the vetoed bill becomes a law.
o A law, treaty or international agreement may be declared unconstitutional by the
Supreme Court if appropriately raised by the proper party and upon fulfillment of
the other conditions for judicial review.
o The President may declare martial law or suspend the privilege of the writ of
habeas corpus on ground of invasion or rebellion when public safety requires it
but such declaration or suspension may be repudiated by the majority votes of
the members of the Congress, voting jointly, which revocation may not be set
aside by the President.
o The declaration of martial law or suspension of the privilege of writ may be
reviewed by the Supreme Court in an appropriate proceeding filed by any citizen.
o Nominees of the President to head various executive departments, ambassadors,
other public ministers and consuls, shall be subject to the confirmation of the
majority of the members of the Commission on Appointments.
o The House of Representatives may initiate impeachment proceedings against the
President and the latter may be removed if found guilty by 2/3 of all the
Members of the Senate.
 o The President may enter into treaty or international agreement subject to the
concurrence of the 2/3 votes of all the members of the Senate.
o The President may grant amnesty subject to the concurrence of the majority of
all the members of the Congress.
o The Judiciary may declare any legislative or executive act invalid and void if
tainted with grave abuse of discretion amounting to lack or excess of jurisdiction.

X. Process of Legislation

 Process in the Enactment of Bills

1. Submission. A Member of Congress or the people through their power of indirect
initiative under RA 6735 submits the bill;
2. First Reading. The bill is filed with the Secretary of the House concerned who
calendars it for the First Reading where the title of the bill is read and the Presiding
Officer refers the bill to the appropriate committee to study and/or report its
recommendation;
3. Committee Deliberation. The concerned Committee reports out the bill,
favorably or with amendment, or files a substitute bill, after which it is calendared
for the Second Reading.
4. Second Reading. During the Second Reading, the bill is read and is subjected to
floor discussion, debate, and amendment or insertion;
5. Submission of Bill in its final form prior to Third and Final Reading. If
approved on the Second Reading, copies of the bill in its final form are printed and
distributed to the Members three days before it is calendared for the Third Reading
or Final Reading, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency (Certification of the
President dispenses the requirement of reading in three separate days and the
printing of the bill in its final form before its approval);
6. Third Reading. In the Third Reading, the title of the bill is again read. No
amendment shall be allowed and the vote thereon shall be taken immediately
thereafter;
7. Approval, and Transfer to the Other House. If the House concerned approves
the bill, it is sent to the other House, where it will undergo the same process, and if
approved, the enrolled bill is sent to the President for appropriate action.

Bicameral Conference Committee – an extra-constitutional creation which is

intended to resolve conflicts between the conflicting or differing versions of the two
chambers.

 When does a Bill Become a Law? The following are the instances by which a bill may
become a law:

(1) When the President approves the bill presented to him and signs it;
 (2) When the presidential veto is reconsidered by 2/3 of all the Members of BOTH
houses voting SEPARATELY;
(3) When the President fails to communicate his veto of any bill to the House where it
originated within 30 days after receipt;
(4) A bill calling for a special election for President and Vice President under Section
10, Article VII. (The bill calling such special election shall be deemed certified
under paragraph 2, Section 26, Article VI of this Constitution and shall become
law upon its approval on third reading by the Congress.)

XI. Natural Resources (Nationalization Principle for Natural Resources and Economic
Activities including advertising and media)

 Nationalization Principle for Natural Resources

 Article XII of the 1987 Constitution expresses that all “lands of the public domain,
waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State,” and, with the exception of agricultural lands,
“shall not be alienated”. It ordains that the “exploration, development, and utilization
of natural resources shall be under the full control and supervision of the State”.

 The 1987 Constitution, like the precursor provisions in the 1935 and 1973
Constitutions, thus expresses that all lands and natural resources belong to the state
other than those which it recognizes to be of private ownership. Except for
agricultural lands of the public domain which alone may be alienated, forest or
timber, and mineral lands, as well as all other natural resources, of the country must
remain with the state, the exploration, development and utilization of which shall be
subject to its full control and supervision albeit allowing it to enter into co-
production, joint venture or production-sharing agreements, or into agreements with
foreign-owned corporations involving technical or financial assistance for large-scale
exploration, development and utilization.

 Regalian Doctrine - All lands of whatever classification and other natural resources
not otherwise appearing to be clearly within private ownership belong to the State.
The State is the source of any asserted right to ownership of land and charged with
the conservation of such patrimony. (Republic v. Raneses, GR No. 189970, June 9,
2014; Sec. of DENR v. Yap, GR No. 167707, October 8, 2008)

 Exception to Regalian Doctrine - When there is an existing native title

to land or ownership of land by Filipinos by virtue of possession under a
claim of ownership since time immemorial and independent of any grant
from the Spanish Crown. (Carino v. Insular Government, GR No. 2869,
March 25, 1907)

 Economic activities
Article XII, of the Constitution:

 SECTION 10. The Congress shall, upon recommendation of the economic and
planning agency, when the national interest dictates, reserve to citizens of the
Philippines or to corporations or associations at least sixty per centum of whose
capital is owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas of investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose capital is wholly owned
by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy
and patrimony, the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities.

 SECTION 11. No franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to citizens of the Philippines or
to corporations or associations organized under the laws of the Philippines at least
sixty per centum of whose capital is owned by such citizens, nor shall such
franchise, certificate, or authorization be exclusive in character or for a longer period
than fifty years. Neither shall any such franchise or right be granted except under
the condition that it shall be subject to amendment, alteration, or repeal by the
Congress when the common good so requires. The State shall encourage equity
participation in public utilities by the general public. The participation of foreign
investors in the governing body of any public utility enterprise shall be limited to
their proportionate share in its capital, and all the executive and managing officers
of such corporation or association must be citizens of the Philippines.

 SECTION 12. The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt measures that help
make them competitive.

 SECTION 13. The State shall pursue a trade policy that serves the general welfare
and utilizes all forms and arrangements of exchange on the basis of equality and
reciprocity.

 SECTION 14. The sustained development of a reservoir of national talents

consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level
technical manpower and skilled workers and craftsmen in all fields shall be promoted
by the State. The State shall encourage appropriate technology and regulate its
transfer for the national benefit.
 The practice of all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.

 SECTION 15. The Congress shall create an agency to promote the viability and
growth of cooperatives as instruments for social justice and economic
development.

 SECTION 16. The Congress shall not, except by general law, provide for the
formation, organization, or regulation of private corporations. Government-owned or
controlled corporations may be created or established by special charters in the
interest of the common good and subject to the test of economic viability.

 SECTION 17. In times of national emergency, when the public interest so requires,
the State may, during the emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any privately owned public
utility or business affected with public interest.

 SECTION 18. The State may, in the interest of national welfare or defense,
establish and operate vital industries and, upon payment of just
compensation, transfer to public ownership utilities and other private enterprises
to be operated by the Government.

 SECTION 19. The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair competition shall
be allowed.

 Advertising and Mass Media

Section 11, Article XVI of the 1987 Constitution states that:

(1) The ownership and management of mass media shall be limited to citizens of
the Philippines, or to corporations, cooperatives or associations, wholly-owned and
managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when
the public interest so requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be
regulated by law for the protection of consumers and the promotion of the general
welfare.

Only Filipino citizens or corporations or associations at least seventy per centum

(70%) of the capital of which is owned by such citizens shall be allowed to
engage in the advertising industry.
 The participation of foreign investors in the governing body of entities in such
industry shall be limited to their proportionate share in the capital thereof, and all
the executive and managing officers of such entities must be citizens of the
Philippines.

XII. Amendment and Revision of the Constitution (Article XVII)

 Amendment – is an isolated or piece-meal change merely by adding, deleting, or

reducing without altering the basic principles involved.
 Revision – is a revamp or rewriting of the whole instrument altering the substantial
entirety of the Constitution.
 Manner of Changing the Constitution (Amendment or Revision) consists of
two steps:
(1)Proposal, which may be:
i. By forming a Constituent Assembly, by votes of ¾ of the members of
the Congress
ii. By forming a Constitutional Convention, either by:
1. By a vote of 2/3 of all the members of the Congress; or
2. By a majority vote of all its members, submit to the people
(electorate) the question of calling such convention; or
iii. Through People’s Initiative – upon petition of at least 12% of the total
number of registered voters, of which every legislative district must be
represented by at least 3% of the registered voters therein. Note: No
initiative to amend the Constitution shall be allowed more than once
every five years.
(2)Ratification

 Initiative and Referendum Act

o Initiative
- The power of the people to propose amendments to the constitution or to
propose and enact legislation through an election called for the purpose.
- May be an Initiative on the Constitution, or on Statutes, or on Local
Legislation
- Two Modes of Initiatives:
 Indirect Initiative – This is an exercise of initiative by the
people through a proposition sent to Congress or the local
legislative body for action, and
 Direct Initiative – In this instance, the people themselves file
the petition with the COMELEC and not with the Congress.

o Referendum
- The power of the electorate to approve or reject legislation through an
election called for that purpose.
- May be a Referendum on Statutes, or on Local Law
o Prohibited Subjects on Initiative and Referendum
(1) Petition embracing more than one subject shall be submitted to the
electorate;
(2) Statutes involving emergency measures, the enactment of which is
specifically vested in Congress by the Constitution, cannot be subject to
referendum until 90 days after their effectivity.
INTERNATIONAL LAW

(1)Sources of International Law

 Art. 38 of the Statute of International Court of Justice (SICJ) provides that

the Court, whose function is to decide in accordance with international law
such disputes as are submitted to it, shall apply:

Primary Sources (2012 Bar)

1. International conventions or treaties;

2. International custom; and
3. The general principles of law recognized by civilized nations (GAPIL)

Subsidiary Sources

1. Judicial decisions; and

2. Teachings of the most highly qualified publicists of various nations.

INTERNATIONAL CONVENTIONS OR TREATIES

A treaty is generally defined as agreements between and among States, by which parties
obligate themselves to act, or refrain from acting, according to the terms of the treaty.

However, under the Vienna Convention on the Law of Treaties (VCLT), a treaty has been
defined as “an international agreement concluded between States in written form and governed
by international law, whether embodied in a single instrument or in two or more related
instruments and whatever its particular designation.”

FUNDAMENTAL PRINCIPLES OF THE LAW OF TREATIES

1. The principle of free consent – A state cannot be bound by treaty to which it has not
consented. Free consent is vital for initial adoption and subsequent development of a particular
treaty as it ensures that a State remains in control of the commitments it has made under the
relevant treaty;
2. The principle of pacta sunt servanda – Literally means agreements must be kept.
Embodied in Art. 26 VCLT, which states that; ‘Every treaty in force is binding upon the parties
to it and must be performed by them in good faith. Therefore, a contracting party will be held
responsible for breach of a treaty.’ Applies only to treaties which are in force, not to invalid,
suspended or terminated treaties; and
3. The principle of good faith – Recognized as the foundation of international legal order.
States and non-State actors are required to comply with binding obligations imposed upon them
by international law, irrespective of whether such obligations derive from treaties, customary
rules, or any other source of international law. It is all encompassing as it even imposes
obligations on a State in the pre-ratification stage.

INTERNATIONAL CUSTOM OR CUSTOMARY INTERNATIONAL LAW (CIL)

A custom is a practice which has grown between states and has come to be accepted as
binding by the mere fact of persistent usage over a long period of time. [Cruz, International
Law (2003 Ed.), p. 22]

A customary rule requires the presence of two elements:

1. An objective element (general practice) consisting of a relatively uniform and constant

State practice; and,

2. A psychological element consisting of subjective conviction of a State that it is legally

bound to behave in a particular way in respect of a particular type of situation. This
element is usually referred to as the opinio juris sive necessitates

Binding effect of international customs

General Rule: All States are bound by international customs, including Dissenting States.

Exception: Dissenting States are not bound by international customs if they had
consistently objected to it while the project was merely in the process of formation
(Persistent Objector Rule).

Dissent, however protects only the dissenter and does not apply to other States. A State
joining the international law system for the first time after a practice has become customary
law is bound by such practice.

GENERAL PRINCIPLES OF LAW

The general principles of law are mostly derived from the law of nature and are observed by
the majority of states because they are believed to be good and just. [ Cruz, International
Law (2003 Ed.), p 24]

Reference to such principles is taken whenever no municipal law, custom or treaty is

applicable, as directed under Art. 38 of the ICJ. In order to exist, they must be recognized by
civilized nations.

NOTE: The main objective of inserting the third source in Art. 38 is to fill in gaps in treaty
and customary law and to meet the possibility of a non liquet.

Non liquet means the possibility that a court or tribunal could not decide a case because of a
‘gap’ in law.

e.g.: Burden of proof, admissibility of evidence, waiver, estoppel, unclean hands, necessity,
and force majeure.

Examples of “generally accepted principles of international law”

 1. Pacta sunt servanda;
2. Rebus sic stantibus;
- things remain as they are
- opposite of pacta sund servanda
3. Par in parem non habet imperium;
- all states are sovereign equals
- an equal state cannot assume jurisdiction over another equal state
4. State Immunity from Suit;
- a state (and its agents acting within their official capacity) cannot be sued
without its consent
5. Right of states to self-defense; and
6. Right to self-determination of people.

(2)Relationship with Domestic Law

BASIS INTERNATIONAL LAW MUNICIPAL LAW

Enacting Adopted by states as a Issued by a political superior

Authority common rule of action. for observance.

Purpose Regulate relations of states Regulate relations of

and other international individuals among
persons. themselves or with their
own states.

Scope of Applies to the conduct of Applies to a single country

Application States and international
organizations, their
relations with each other
or, their relations with
persons, natural or
juridical.
Derived principally from
Source(s) treaties, international
customs and general
principles of law.
or nation and Within a
determined territory and to
its inhabitants.
Consists mainly of
enactments from the
lawmaking authority of each
state.

Remedy in Resolved thru state-to- Redressed thru local

case of violation state transactions. administrative and
judicial processes.
Scope of Collective responsibility Individual responsibility
Responsibility Reason: because it
attaches directly to the
state and not to
its nationals

Subject to judicial notice Not subject to judicial notice

Role in before international before international
International tribunals. tribunals (Vienna
Tribunals Convention on the Law of
Treaties, Art. 27;
Permanent Court of
International Justice, 1931,
Polish Nationals in Danzig
Case).

Doctrine of Incorporation

It means that the rules of international law form part of the law of the land and no
further legislative action is needed to make such rules applicable in the domestic
sphere.

The doctrine of incorporation is applied whenever municipal tribunals (or local

courts) are confronted with situations in which there appears to be a conflict
between a rule of international law and the provisions of the Constitution or statute
of the local state.

Doctrine of Transformation

It provides that the generally accepted rules of international law are not per se
binding upon the state but must first be embodied in legislation enacted by the
lawmaking body and so transformed into municipal law.