Chapter 1

Political Law – branch of public law which deals with the organization and operations of the
governmental organs of the state and defines the relations of the State with the inhabitants of
its territory.
Constitutional Law- study of the structures and powers of the government of the Republic of
the Philippines.
Chapter 2. The Constitution of the Philippines
1. Commonwealth Constitution adapter in 1935
2. Constitution of 1973 which was enforced during the marcos regime
3. Freedom Constitution by Corazon Aquino
4. 1987 Constitution
Chapter 3. The Concept of the State
State – a community or persons, more or less numerous, permanently occupying a fixed
territory, and possessed of an independent government organized for political ends to which a
great body of inhabitants render habitual obedience.
Nation – a relation of birth or origin and implies a common race usually characterized by
community of language and customs.
Government is only an element of the state.
Elements of the State
1. People – inhabitants of the state. Numerous enough to be self-sufficing and to defend
themselves and small enough to be easily administered and sustained.
2. Territory – fixed portion of the surface of the Earth inhabited by the people of the state.
Neither too big as to be difficult to administer and defend nor too small as to be unable
to provide for the needs of the population.
Article I of the Constitution provides:
National Territory. The national territory comprises the Philippine Archipelago, with all
the islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty and jurisdiction, consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil, the insular shelves and other
submarine area. The waters around, between and connecting the islands of the
archipelago, regardless of their breath and dimension, form part of the internal waters of
the Philippines.
Sabah is maintained to be among the territories claimed by the Philippines by historic right
or legal title.
RA 9522 optimized the location of some baselines of the Philippine Archipelago and
classified adjacent territories, namely the Kalayaan Island Group (KIG)mand Scarborough
shoal as regimes of islands whose islands generate their own applicable maritime zones.
Territorial waters is 12 nautical miles from the baselines
Contiguous zones is 24 nautical miles from the baselines
Exclusive economic zone is 200 nautical miles from the baselines
Right of innocent passage is a customary international law thus incorporated in the
Philippine law.
Section 2 of RA 9522 the Philippines continued claim of sovereignty and jurisdiction over the
KIG and scarborough shoal.
UNCLOS III grants new rights to coastal states to exclusively exploit the resources found
within this zone up to 200 nautical miles. UNCLOSS III however preserves the traditional
freedom of navigation of other state that attached to this zone beyond the territorial sea.
3. Government - promote the welfare of the people. Agency or instrumentally through
which the will of the State is formulated, expressed and realized.
Functions
1. Constituent – the very bonds of the society and are compulsory.
2. Ministrant – undertaken to advance the general interest of the society, such as public
works and highways, public charity and regulations of trade and industry.
Doctrine of Parens Patriae – tasks of the government is to act for the state as parens
patriae or guardian of the rights of the people. In what cases?
De Jure and De Facto Governments
De Jure – has rightful title but no power or control, either because this has been withdrawn
from it or because it has not yet actually entered into the exercise thereof.
De Facto – a government of fact that is it actually exercises power or control but without
legal title.
3 kinds of de facto
1. The government that gets possession and control of, usurps, by force or by the force of
majority the rightful legal government and maintains itself against the will of the latter.
2. That established as independent government by the inhabitants of a country who rise
insurrection against the parent state.
3. That which is established and maintained by military forces who invade and occupy a
territory of the enemy in the course of war and which is denominated as a government
of paramount force.
In Lawyers League for a Better Philippines vs. Corazon Aquino, SC held that the people have
made a judgment, they have accepted the government of Corazon Aquino which is in
effective control of the entire country so that it is not merely a de facto government but in
fact and in law a de jure government.
Administration – a group of persons whose hands the reins of government are for the time
being.

4 Sovereignty – is the supreme and uncontrollable power inherent in a state by which

that state is governed.
2 kinds
1. Legal Sovereignty – is the authority which has a power to issue final
commands.
2. Political Sovereignty – is the power behind the legal sovereign or the sum of
influences that operate upon it. Congress is the legal sovereign while the
different sectors that mold the public opinion make up the political
sovereign.
Internal Sovereignty – power of the state to control its domestic affairs
External sovereignty – power of the state to direct its relations with other states, is also
known as independence.
Where there are a change in sovereignty, the political laws of the former sovereign are
not merely suspended by abrogated. As they regulate the relations between the ruler
and the, these laws fall to the ground ipso facto unless they are retained or re-enacted
by positive act of the new sovereign. Non-political laws continue in operation for the
reason that they regulated the private relations only, unless they are changed by the
new sovereign or are contrary to its situations.

Act of the state – act done by the sovereign power of a country, or by its delegate,
within the limits of the power vested in him.
ex. Is the decision of the president, in the exercise of his diplomatic power, to extend
recognition to a newly established foreign state or government.

CHAPTER 4. THE DOCTRINE OF STATE IMMUNITY

The state may not be sued without its consent due to the practical consideration that
the demands and inconvenience of the litigation will divert the time and resources of
 the state from the more pressing matters demanding its attentions to the prejudice of
the public welfare.
State cannot assert jurisdiction over another in violation of par in parem non habet
imperium.

However a state can be sued it is involve trades or business or on the basis of the
contract of the host state which may be considered as purely commercial, private and
propriety acts.

Public officer may be sued in his official capacity without the necessity of first obtaining
the consent of the state to be sued.

Form of Consent
1. Express consent – may be manifested either through a general law or special law.
2. Implied Consent – given when the state itself commences litigation or when it enter
into a contract.
Under CA. No. 327 as amended by P.D No. 1445, a claimed against the government
must first be filed in the Commission on Audit, which must acts upon it within 60
days. Rejection of the claim will authorize the claimant to elevate the matter to the
Supreme Court on certiorari and in effect sue the state with its consent.
Example of the second kind of express consent is a special law enacted by the
legislature authorizing an individual to sue the Philippine government for injuries he
had sustained with his motorcycle collided with a government ambulance.
In Republic vs. Sandiganbayan, SC stressed that the doctrine of sovereign immunity
cannot be successfully invoked to defeat a valid claim for compensation arising from the taking
without just compensation and without the proper expropriation proceedings being first
resorted to of the plaintiff property. (pg. 63)
When the government enters into a contract, for the state is then deemed to have
divested itself of the mantle of sovereign immunity and descended to the level of the ordinary
individual and becomes subject to judicial action and processes.
It should also be observed that when the state give its consent to be sued, it does not
thereby also consent to the execution of the judgment against it as reiterated in RP vs. Villasor,
such execution will require another waiver and SC remarks that the public funds cannot be the
object of garnishment proceedings even if the consent to be sued had been previously granted
and the state liability had been adjudged. (pg. 67)
Suits against government agencies
An incorporated agency has a charter of its own that invests it with a separate juridical
personality such as SSS, UP and City of Manila.
Simple rule. It is suable if the charter says so regardless of the functions it is performing.
Municipal corporations like provinces and cities are agencies of the state enjoys sovereign
immunity but nevertheless subject to suit even in the performance of such functions because
their charter provides that can sue and be sued. (Pg. 71)
Unincorporated agency has no separate juridical personality thus any suit files against it is an
action against the Philippine Government. It is suable if proprietary and not suable if they are
governmental. Determine the nature of the functions in which the agency is engaged. (pg. 72)
Exemption from legal requirements
When the states litigate either directly or through its authorized officers, it is not required to
put up a bond for damages or an appeal bond since it can be assumed that it is always
insolvent. But this exemption does not apply to GOCC because they have legal personalities
distinct from its shareholders but in Banahaw Broadcasting Corporation vs. Pacana, SC told that
GOCC that is sued in relation to governmental functions may be, under appropriate
circumstances, exempted from the payment of appeal fees.
Suability vs. Liability
The mere fact that the state is suable does not mean that can be liable.
Suability is the result of the express and implied consent of the state to be sued.
Liability is determined upon hearing on the basis of the relevants laws and established facts.
Municipal corporations can be liable if it is proprietary in nature and not governmental
functions.

CHAPTER 5. FUNDAMENTAL PRINCIPLES AND STATE POLICIES

Preamble (pg. 83) is not considered a substantive rights since it only introduce the constitution.
Republicanism
Sec. 1 of Article II provides, The Philippines is a democratic and republican state. Sovereignty
resides in the people and all the government authority emanates from them.
Democracy essential government by the people.
A republic is a representative government run by and for the people.
Essence of republicanism is representation and renovation, the selection by the citizenry of a
corps of public functionaries who derive their mandate from the people and act on their behalf
serving for a limited period only, after which they replaced or retained at the option of their
principal. Purpose is the promotion of the common welfare according to the will of people
themselves.
The defense of the State
Section 4 provides: The prime duty of the government is to serve and protect the people. The
government may call upon the people to defend the state and, in the fulfilment thereof, all
citizens may be required, under conditions provided by law, to render personal military or civil
service.
Section 4 Article 16, the armed forces of the Philippines shall be composed of citizen armed
force which shall undergo military training and serve as may be provided by law. (pg. 93)
Peace and Order
Section 5 provides, The maintenance of peace and order, the protection of life, liberty,
property and the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.
The incorporation clause
Section 2 provides, The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the land, and
adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all
nations.
Doctrine of Incorporation – bound by generally accepted principles of international law, which
is considered automatically part of its own.
Under 1987 constitution, international law can become part of the sphere of domestic law
either by transformation or incorporation. The transformation method requires that an
international law be transformed to a domestic law through a local legislation by the senate
and concurred in by at least 2/3 of all the members of the senate. (pg. 96)
Supposed however that the conflict is irreconcilable and a choice must be made between the
two components of the law of the land, how is the problem resolved. InIchong vs. Hernandez, it
was a statute that should be upheld because it represented the exercise of the police power
which being inherent, could not be bargained away or surrendered through the medium of a
treaty. Municipal law was also upheld as against international law in Gozales vs. Hechanova on
the basis of the doctrine of separation of powers. (pg. 99)
Article 6, Section 23, empowers the Congress to declare not war but the existence of a state of
war presumably commenced or provoked by the enemy state.
Rearing of the Youth
Article 2 Section12 provides, The state recognizes the sanctity of the family life and shall
protect and strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother, and the life of the unborn from conception. The natural and
primary right and duty of the parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the aid and support of the government.
The state is in position to assist the parent in the proper upbringing of the child through the
enforcement of the educational policies looking to the attainment of the above stated
objectives. (pg. 104)
Section 13 provides that the state recognizes the vital role of the youth in nation building, and
shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall incalculate in the youth patriotism and nationalism and encourage their involvement in
public and civic affairs.
Women
Article 2 Section 14, the state shall recognize the role of women in nation-building and shall
ensure the fundamental equality before the law of women and men.
RA No. 9262 has been enacted to protect women and their children from violence and threats
to their personal safety and security. Upheld by the SC against its constitutionality on the
grounds of violation of the equal protection clause as it applies only to women and not men.
The court cited the unequal power relationship between men and women and the fact that
women are more likely than men to be victims of violence not to mention the widespread
gender bias and prejudice against women.
Social Justice
Is defined by Calalang vs. Williams where Justice Laurel declared, Social justice is neither
communism, nor despotism, nor atomism, nor anarchy but the humanization of laws and the
equalization of social and economic forces by the state so that justice in its rational and
objectively secular conception may at least be approximated.
Provisions is pg. 114.
Separation of Church and State
Section 6, separation of church and state shall be inviolable.
Rationale of the rule is in the familiar saying “strong fences make good neighbors.” A union of
church and state tends to destroy government and to degrade religion. It is also likely to result
in conspiracy, well nigh irresistible because of its composite strength, against the individual’s
right to worship.
Supremacy of Civilian Authority
Section 3, Civilian authority is at all times, supreme over the military, The armed forces of the
Philippines is the protector of the people and the state. Its goal is to secure the sovereignty of
the state and the integrity of the national territory.
President, as the Commander in-Chief has the power to direct military operations and to
determine military strategy. He is authorized to direct the movements of the naval and military
forces placed by law at his command, and to employ them in the manner he may deem most
effectual. Include the power to prevent military personnel from testifying legislative inquiries,
and to confirm, mitigate and remit sentences of erring military personnel.
Local Autonomy
Section 25, the state shall ensure the autonomy of local governments.
Local Government Code
Economy
Article 12
Section 19. The state shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
Section 20. The state recognizes the indispensable role of the private sector encourages private
enterprise, and provide incentives to needed investments.
Section 21. The state shall promote comprehensive rural development and agrarian reform.
RA 8762 of Retail Trade Liberalization Act of 2000. To prohibit foreign powers or interest from
maneuvering our economic policies and ensure that Filipinos are given preferences in all areas
of development. Only nationals from or juridical entities formed or incorporated in countries
which allowed the entry of Filipino retailers shall be allowed to engage in retail trade business.
Qualified retailers shall not be allowed to engage in certain retailing activities outside their
accredited stores through the use of mobile or rolling stores or carts, the use of sales
representatives, door to door selling, restaurants and sari-sari stores and such other similar
retailing activities.
Miscellaneous
(pg. 126)

CHAPTER 6. SEPARATION OF POWERS

Purpose. The doctrine of separation of powers 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 our republican institutions. According to Justice Laurel, the
doctrine is intended to secure action, to forestall over-action, to prevent despotism and to
obtain efficiency.
Blending of Powers. It is often necessary for certain powers to be reposed in more than one
department, so that they may better collaborate with and in the process, check each other for
the public good.
Ex.
1. Enactment of general appropriations law which begins with the preparation by the
President of the budget, which becomes the basis of the bill adopted by Congress and
subsequently submitted it to the president for approval.
2. Grant of amnesty by the President which requires the concurrence of a majority of all
the members of the Congress.
3. COMELEC does nay alone deputize law-enforcement agencies and instrumentalities of
the government for the purpose of ensuring free, orderly, honest, peaceful and credible
elections but does so with the consent of the President.
Checks and Balances
By means of which one department is allowed to resist encroachments upon its prerogatives or
to rectify mistakes or excesses committed by the other departments.
Ex.
1. The lawmaking power of the Congress is checked by the President through his veto
power which in turn may be overridden by the legislature.
2. The Congress may refused to give its concurrence to an amnesty proclaimed by the
President and the Senate to a treaty he has concluded.
3. The President may nullify a conviction in a criminal case by pardoning the offender.
4. The Congress may limit the jurisdiction of the Supreme court and that of inferior courts
and even abolish the latter tribunals.
5. The Judiciary has the power to declare invalid an act done by the Congress, the
President and his subordinates or constitutional commissions.
The Role of the Judiciary
Justiciable and Political Questions
Justiciable ex. When the appointee of the President does not possess the prescribed
qualification, the court will have jurisdiction to intervene. This is not encroaching upon the
exclusive functions of other department as it is the particular role of the courts to ensure
proper observance of the norms of actions by the constitution.
Justiciable according to Justice Makasiar in Casibang vs. Aquino, a purely justiciable question
implies a given right, legally demandable and enforceable, an act or omission violative of such
right, and a remedy granted and sanctioned by law, for said breach of right.
But where the matter falls under the discretion of another department or specially the people
themselves, the decision reach is in the category of a political question and may not be the
subject of judicial review.
Suspension or expulsion of a member of the congress upon the ground of disorderly behaviour
and concurred in by at least 2/3 of all its members. The determination of what constitutes
disorderly behaviour is a political question and therefore not cognizable by the courts. If voted
less by its members is a judicial question.
Application of the Doctrine
(pg. 143)
Impeachment stage (pg. 150)
Political Questions under the New Constitution
If say, a notorious criminal is extended an absolute pardon, or the Congress enacts a law which
is obviously impractical and unwise may these acts of the political departments may annulled
by the SC on the ground that they were committed with grave abuse of discretion?
Ans. Under the doctrine of separation of powers, the courts have no rights to directly decide
matters over which full discretionary authority has been delegated to the executive branch of
the government or to substitute their own judgment for that of the executive branch
represented in this case by the Department of Justice.

CHAPTER 7. DELEGATION OF POWERS

Potestas delegate non delegari potest – what has been delegated cannot be delegated. Based
upon the principle that such delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own judgment and not through
the intervening mind of another.
Permissible Delegation
1. Delegation of tariff powers to the president
2. Delegation of emergency powers to the president
3. Delegation to the people at large.
4. Delegation to local governments
5. Delegation to administrative bodies.
Tariff Powers
Section 28 (2), the congress may by law authorize the President to fix within specified limits,
and subjects to such limitations and restrictions at it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or imposts, within the framework of
national development program of the government.
The reason for this delegation is the necessity not to say expediency of giving the chief
executive the authority to act immediately on certain matters affecting the national economy
lest delay result in hardship to the people.
Emergency Powers
Section 23 (2), In times of war or other national emergency, the congress may by law authorize
the President, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon its next adjournment.
The conditions for the vesture of emergency powers in the President are:
1. There must be war or other national emergency.
2. The delegation must be for a limited period only.
3. The delegation must be subject to such restrictions as the congress may prescribe.
4. The emergency powers must be exercised to carry out a national policy declared by the
Congress.
In times of war or other emergency, it is not likely that a quorum can be convened in the
congress to enable it to do a business otherwise there would be a delay.
Other national emergency includes rebellion, economic crises, pestilence or epidemic, typhoon,
flood or other similar catastrophic of nation-wide proportions or effect.
Conferment of emergency powers to the president is not mandatory on the congress. In the
face of the worst crises, congress may choose to hold on its powers and validly refuse to
delegate.
Section 17 Article 12, 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.
But in David vs. Arroyo, SC declared that president cannot do so without authority from
Congress.
Delegation to the People
RA 6735 an Sec 2 of Article 17,
Referendum – the power of the electorate to approve or reject a legislation through an election
called for the purpose.
Plebiscite – the electoral process by which an initiative on the Constitution is approved or
rejected by the people.
Delegation to Local Governments
Based on the recognition that local legislatures are more knowledgeable than the national
lawmaking body on matters of purely local concern.
The power of imminent domain and under the general welfare clause, the police power have
been expressly delegated by the legislature to the local lawmaking bodies. The power of
taxation is derived by them from the constitution subject only to limitations that may be
imposed by the congress.
Delegation to administrative Bodies
For an administrative regulation to be valid, its promulgation must be authorized by the
legislature and must be within the scope of authority given by the legislature and must be
reasonable.
Test of Delegation
Completeness Test and Sufficiency standard test – all that is required for the valid exercise of
this power of subordinate legislation is that the regulation be germane to the objects and
purpose of the law and that the regulation be not in contradiction to, but in conformity with,
the standards prescribed by law.
The completeness test - if there are gaps in the law that will prevent its enforcement unless
they are first filled, the delegate will have been given the opportunity to step into the shoes of
the legislature and exercise a discretion essentially legislative in order to repair the omissions.
This is invalid delegation.
The sufficiency standard test – purpose is to prevent a total transference of the legislative
power from the lawmaking body to the delegate. According to SC, it is one which defines
legislative policy, mark its limits, maps out its boundaries and specifies the public agency to
apply it.
The Pelaez case
(pg. 182)
 CHAPTER 8. THE LEGISLATIVE DEPARTMENT
Section 1 Article 6, The legislative power shall be vested in the Congress of the Philippines
which shall consists of a senate and a house of a representatives, except to the extent reserve
to the people by the provision on initiative and referendum.
The congress also discharges powers of a non-legislative nature
1. The canvass of the presidential elections
2. The declaration of existence of a state of war
3. The confirmation of amnesties
4. Presidential appointments thru the Commission on appointments
5. The amendment or revision of the constitution
6. Impeachment
The Senate
Section 2, the Senate shall be composed of 24 senators who shall be elected at large by the
qualified voters of the Philippines as may be provided by law.
Qualifications
Section 3, No person shall be a senator unless he is a natural born citizen of the Philippines, and
on the day of the election, is at least 35 years of age, able to read and write, a registered voter
and a resident of the Philippines for not less than 2 years immediately preceding the day of the
election.
Natural-born citizen are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.
To prevent strangers unacquainted with the conditions and needs of the community, know
their constituencies, their needs, difficulties, aspirations, potential for growth and development
and matters vital to their common welfare.
Statutory requirement of having a college degree is unconstitutional.
Term
Article 6 Section 4, the term of office of the senators shall be 6 years and shall commence
unless otherwise provided by law, at noon on the 13th day of June next following their election.
Article 18 Section 2, the Senators, members of the house of representatives, and the local
officials first elected under this constitution shall serve until June 30, 1992. Of the senators
elected in the election in 1992, the first 12 obtaining the highest number votes shall serve fro 6
years and the remaining 12 for 3 years.
Article 6 Section 4, No senator shall serve for more than 2 consecutive terms. 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.
Congress is not a continuing body particularly on the passage of bills.
The House of Representatives
Composition – 2 kinds of members namely: districts representatives and party list
representatives.
Section 5. 1. The house of representatives shall be composed of not more than 250 members
unless otherwise fixed by law, who shall be elected from legislative districts apportioned among
the provinces, cities and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive ratio and those who as
provided by law, shall be elected through a party-list system of registered national, regional and
sectoral parties or organizations.
3. The partylist representatives shall constitute 20 per centum of the total membership
of the house of representatives. For 3 consecutive terms after the ratification of this
constitution, ½ of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth and such other sectors as may be
provided by law, except the religious sector.
4. Each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least 250,000 or each province,
shall have at least 1 representatives.
5. Within 3 years following the return of every census, the congress shall make a
reapportionment of legislative districts based on the standards provided in this
section.
The districts Representatives
The Party-list representatives
Shall constitutes 20% of the total membership of the body, including such representatives.
3 different groups namely; national, regional and sectoral
Political parties can participate in party-list elections provided they register under the party-list
system and do not field candidates in legislative district elections. A political party, whether
major or not, that fields candidates in legislatives districts elections can participate in a party-
list election only through its sectoral wing that can separately register under it party-list system.
thatSectoral parties or organizations may either be marginalized and underrepresented or
lacking in well-defines political constituencies. It is enough that their principal advocacy
pertains to the special interest and concerns of their sector. The sector that are marginalized
and underrepresented are labor, peasant, fisherfolk, urban poor, indigenous cultural
communites, handicapped, veterans, and overseas workers. The sectors that lack well-define
political constituencies include professionals, the elderly, women and the youth. (pg. 208)
The participants in the party-list system shall be ranked according to the number of votes they
received, with those getting at least 2% of the total votes casts for the system entitled to one
seat. None of them shall have more than 3 seats each.
Qualifications
Section 6. No person shall be a member of the House of Representatives unless he is a natural
born citizen of the Philippines and, on the day of the election, is at least 25 years of age, able to
read and write, and except the party-list representatives, a registered voter in the district in
which he shall be elected, resident thereof for a period of not less than 1 year immediately
preceding the day of election.
Uner omnibus election code, the ff is disqualifiedin voting
1. Any person who has been sentenced by final judgmentto suffer imprisonment for not
less than 1 year but reacquire to vote upon expiration of 5 years after service.
2. Any person adjudge of rebellion, sedition, violation of anti-subversion and firearms law,
or any crimes against national security unless restored to his civil and political rights in
accordance with law.
3. Insane or incompetent person as declared by competent authority.

Term
Section 7. The members of the house of representatives shall be elected for a term of 3 years
which shall begin, unless otherwise provided by law, at noon on the 13 th day next following
their election.
No member for the house of representatives shall serve for more than 3 consecutive terms.
Voluntary renunciation of any 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.
Election
Section 9. In case of vacancy in the senate or in the house of representatives, a special election
may be called to fill such vacancy in a manner prescribed by law, but the senator or member of
the house of representatives thus elected shall serve only for the unexpired term.
Salaries
Article 6 Section 10. The salaries of senators and members of the house of representatives shall
be determined by law. No increase in said compensation shall take effect until the expiration of
the full term of all the members of the senate and house of representatives approving such
increase.
Article 6 Section 20. The records and books of accounts of the congress shall be preserved and
open to the public in accordance with law, and such books shall be audited by the commission
on audit which shall published annually an itemized list of amounts paid to and expenses
incurred for each member.
Parliamentary Immunities
Section 11. A senator or member of the house of representatives, in all offenses punishable by
not more than six years of imprisonment, be privilege from arrest while the congress is in
session. No member shall be questioned nor he held liable in any other place for any speech or
debate in the congress or in any committee thereof.
2 kinds of immunities
1. Immunity from arrest – intended to insure representation of the constituents of the
members of congress by preventing attempts to keep him from attending its sessions.
2. Privilege speech and debate – enables the legislator to express view bearing upon the
public interest without fear of accountability outside the halls of the legislator for his
inability to support his statements with the usual evidence required in the court of
justice.
2 requirements of privilege speech
1. The remarks must be made while the legislature or the legislative committee is
functioning that is in session.
2. That they must be made in connection with the discharge of official duties.
Conflict of Interest
Section12. All members of the senate and house of representatives, shall upon assumption of
office, make a full disclosure of their financial and business interest. They shall notify the house
concerned of a potential conflict of interest that may arise from the filing of a proposed
legislation on which they are authors.
Reason. Their potential for self- aggrandizement will be reduced and they will be prevented
from using their official positions for ulterior purposes.
Incompatible and Forbidden Offices
Section 13. No senator or member of the house of representatives may hold any other office or
employment in the government, or any subdivision or agency or instrumentality thereof,
including GOCC’ or their subsidiaries during his term without forfeiting his seat. Neither shall he
be appointed to any office which may have been created or the emoluments thereof increased
during the term for which he was elected.
Reason. To prevent him from owing loyalty to another branch of the government, to the
detriment of the independence of the legislature and the doctrine of separation of powers.
Inhibitions and Disqualifications
Section 14. No senator or member of the house of representatives may personally appear as
council before any court of justice of before the electoral tribunal or quasi-judicial or other
administrative bodies. Neither shall he directly or indirectly, be interested financially in any
contract with or in any franchise or special privilege granted by the government., or any
subdivision , agency or instrumentality thereof, including GOCC or its subsidiary during his term
of office. He shall not intervence in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to an act on account of his office.
Reason. To prevent the legislator from exerting undue influence, deliberately or not upon the
body where he is appearing. The lawyer-legislator may still engage in the practice of his
profession except that when it comes to trials and hearings, appearance may made not by him
but by some other members of his law office.
Sessions
Section 15. The congress shall convene once every year on the 4th Monday of July for its regular
session, unless a different date is fixed by law, and shall continue to be in session for such
number of days as it may determine until 30 days before the opening of its next regular session,
exclusive of Saturdays, Sundays, legal holidays. The president may call a special session at any
time.
Special sessions – general legislation or only such subjects as the President may designate.
Regular sessions – the power of the congress is not circumscribed except by limitations
imposed by organic law.
Officers
Section 16. The senate shall elect its President and the House of representatives its speaker, by
a majority vote of all its respective members.
Each house shall choose such officers as may deem necessary.
Quorum
A majority of each house shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent members in such manner,
and under such penalties as such house may provide.
Discipline of Members
Article 6 Section 3. Each house may determine the rule of its proceedings, punish its members
for disorderly behaviour, and with the concurrence of 2/3 of all its members, suspend or expel a
member. A penalty of suspension, when imposed shall not exceed 60 days.
Journals
Each house shall keep a journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment affect national security, and the yeas and nays on
ant question shall, at the request of 1/5 of the members present, be entered in the journal.
Enrolled bill – has been duly introduced, finally passed by both houses, signed by the proper
officers of each, approved by the president and filed by the secretary of state.
Adjournment
Neither house during the sessions of the congress shall, without the consent of the other,
adjourn for more than 3 days, nor to any other place than that in which the 2 houses shall be
sitting.
The Electoral Tribunals
Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contest relating to the elections, return, qualifications of
their respective members. Each electoral tribunal shall be composed of 9 members, 3 of whom
shall be justice of the Supreme Court to be designated by the chief justice, and the remaining
six shall be the members of the senate or house of representatives, as the case may be, who
shall be chosen on the basis of proportional representation from the political parties or the
parties or organizations registered under the party-list system represented therein. The senior
justice in the Electoral Tribunal shall be its chairman.
The Commission on Appointments
To limit the President appointing power
Section 18. There shall be commission on appointments consisting of the President of the
Senate, as ex officio chairman, 12 senators and 12 members of the house of representatives,
elected by each house on the basis of proportional representation from the political parties and
parties or organizations registered under the party-list system registered therein. The chairman
of the commission, shall not vote except in case of a tie. The commission shall acts on
appointment submitted to it within 30 session days of the congress from their submission. The
commission shall rule by a majority vote of all the members.
Organizations
Section 19. The electoral tribunal and the commission on appointments shall be constituted
within 30 days after the senate and house of representative shall have been organized with the
election of the president and the speaker. The commission on appointment shall meet only
while the congress is in session, at the call of its chairman and majority of the members, to
discharge such powers and functions as herein conferred upon it.
Ad interim –appointment made during the recess subject to consideration by appointments for
confirmation or rejection.

CHAPTER 9. POWERS OF THE CONGRESS

Legislative Power in General

Legislative power is the power of lawmaking, the framing and enactment of law.
Statute – written will of the legislature solemnly express according to the forms necessary to
constitute it a law of the state.
Procedure
Procedure in the approval of bill as follows;
1. A bill is introduced by any member of the house of representatives or senate except for
some measures that must originate only in the former chamber.
2. The first reading involves only a reading of the number and title of the measure and its
referral by the senate president or the speaker to the proper committee for study.
3. The bill may be killed in the committee or it may be recommended for approval with or
without amendments, sometimes after public hearings are first held thereon. If there
are other bills of the same nature or purpose, they may all be consolidated into 1 bill
under common authorship or as a committee bill.
4. Once reported out, the bill shall be calendared for second reading. It is at this stage that
the bill is read in its entirety, scrutinized, debated upon and amended when desired. The
second reading is the most important stage of the passage of bill.
5. If approved on second reading, it is printed its final form and copies thereof are
distributed at least 3 days before the 3rd reading. On third reading, the members merely
register their votes and explain if them if they are allowed by the rules. No further
debate is followed.
6. Once the bill passes 3rd reading, it is sent to other chamber, where it will undergo the 3
readings. If there are differences between the versions approved by the two chambers,
 a conference committee representing both houses will draft a compromise measure
that if ratified by the senate and house of representatives, will then be submitted to the
president for consideration.
7. The bill is enrolled when printed as finally approved by the congress, thereafter
authenticated with the signatures of the senate president, speaker, and the secretaries
of their respective chambers and approved by the president.
Origin of Bills
Section 24. All appropriations, revenue, or tariff bills, bills authorizing increase of the public
debt, bills of local application and private bills shall originate exclusively in the house of
representatives, but the senate may propose or concur with amendments.
Reason. Because it is more numerous in membership and also more representative to the
people and more familiar to the needs of the country in regard to enactment of the
legislation.
Prohibited measures
Article 6 Section 31. No law granting a title of royalty or nobility shall be enacted.
Purpose. Preserve the republican and democratic nature of our society by prohibiting the
creation of privileges classes with special perquisites not applicable to the rest of the
citizenry.
Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme
Court as provided in this constitution without its advice and concurrence.
Purpose. Prevent further additions to the present tremendous case load of the Supreme
Court which includes the backlog of the past 2 decades.
Title of Bills
Every bill passed by the congress shall embrace only 1 subject which shall be expressed in
the title thereof.
Purpose. (pg.279)
Requirement is satisfied if the title is comprehensive enough to include subjects related to the
general purpose which the statutes seeks to achieve.
Formalities
Article Section 2. No bill passed by either house shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been distributed to
its members 3 days before its passage , except when the president certifies to the necessity of
its immediate enactment to meet a public calamity or emergency. Upon the last reading of a
bill, no amendment thereto shall be allowed and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the journal.
Approval of Bills (pg. 288)

Legislative Inquiries
Section 21. The senate or the house of representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules or procedure.
The rights of persons appearing in or affected by such inquiries shall be respected.

The Power of Appropriation

Acticle 6 Section 29. No money shall be paid out of the treasury except in pursuance of an
appropriation made by law.
Appropriation defined
Defined as a statute the primary and specific purpose of which is to authorize the release of
public funds from the treasury.
General appropriations law – passed annually is intended to provide for the financial operation
of the entire government for 1 fiscal year.
Special – designed for a specific purpose, such as the creation of funds for the relief of typhoon
victims.
Implied Limitations
A valid appropriation is that the sum authorized to be released must be determinate or at least
determinable in amount.
Constitutional Limitations
1. All appropriations bills should originate in the HOR.
2. Section 6. Discretionary funds appropriated for particular officials shall be disbursed
only for public purposes to be supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.
Constitutional rules in Section 25 – the congress may not increase the appropriations
recommended by the president for the operation of the government as specified in the budget.
The form, content and manner of preparation of the budget shall be prescribed by law.
Reason. The president knows more about the needed appropriations than the legislature.
Appropriations for sectarial purposes
(pg. 315)
Automatic Re-appropriation
(pg. 317)
Special Funds
(pg. 318)

The power of Taxation

Vested in the legislature
The rule of taxation shall be uniform and equitable. The congress shall evolve a progressive
system of taxation.
Charitable institutions, churches, personages or convents appurtunetant, mosques, non-profit
cemeteries,and all land, buildings and improvements actually, directly and exclusively used for
religious, charitable or educational purposes shall be exempt from taxation.
The power of concurrence
Requires the concurrence to an amnesty and to a treaty by a majority of the membership of the
legislature as whole.
Section 21. no treaty or international agreement shall be valid and effective unless concurred in
by at least 2/3 of all the members of the senate.
The War Powers
Section 23. The Congress, by a vote of 2/3 of both houses in joint session assembles, voting
separately, shall have the sole power to declare the existence of the state of war.
It suggest that the war already begun by the enemy and the existence of which we are only
affirming. We are not the aggressor but merely reacting to the aggression.
Referendum and initiative (pg. 327)

Initiative – the power of the people to propose bills and laws and to enact or reject them.
2 classes of referendum
1. Referendum on statutes – petition to approve or reject an act or law or part thereof
passed by congress.
 2. Referendum on local law – petition to approve or reject a law, resolution or ordinance
enacted the regional assembles and local legislative bodies.
3 systems of initiatives
1. Initiative on the constitution – petition proposing amendments to the constitution
2. Initiative on statutes – petition proposes to enact a national legislation
3. Initiative on local legislation – petition proposing to enact a regional, provincial, city,
municipal, barangay law resolution or ordinance.

CHAPTER 10. THE EXECUTIVE DEPARTMENT

Executive Power
Article 7 Section1. The executive power shall be vested in the President of the Philippines.
Power to enforce and administer laws.
Qualifications

Age is more maturity needed for the highest office in the land.
Age to vote down to 18, based on the supposed increase sense of responsibility and
competence of the younger citizens

Election and Proclamation

Article 7. Section 4.

Term
Of President and V-President as follows in Section 4.

R
eason. To put a rein on presidential ambitions.
The Vice-President
Qualification is the same with the president.
Is eligible for the position of member of the cabinet and does not need confirmation by the
commission on appointments. To prevent him from mere presidential standby

Presidential Succession
Section 7 on vacancies occurred before the President term
Section 8. vacancies occurring afterwards
(pg. 354) other provisions
Oath of office
Marks his formal assumption of his duties as president
To deepen the sense of responsibility of the president and ensure a more conscientious
discharge of his office.
Perquisites and Inhibitions
Perquisites stated in Article 7 Section 6
The president shall have an official resident. The salaries of the President and the v-president
shall be determined by the law and shall not be decrease during their tenure. No increase in
said compensation shall take effect until after the expiration of the term of the incumbent
during which such increase was approved. They shall not receive during their tenure any other
emolument from the government or any other source.
Emolument – profit arising from office or employment
Inhibitions Section 13
This is in line with the principle that public office is a public trust and should not be abused for
personal advantage.
Executive Privilege
(pg 368)
Power of the government to withhold information from the public, the courts and the congress.
Presidential Immunity
To enable him to fully attend his duties as President of the country.

CHAPTER 11. POWERS OF THE PRESIDENT

President is granted ordinance powers (pg. 388)
Executive order
ADMINISTRATIVE ORDER
The appointing Power
Commission - written evidence of an appointment
Section 16.
Ad interim – ceased to be valid if disapproved by commission on appointment or upon the next
adjournment of the congress. This to prevent hiatus in the discharge of official duties.
The judiaciary may annul the appointment of the president if the appointee has not been
validly confirmed or does not posses the required qualifications.
2 special limtations on the appointing power should be noted in article 7.
Section 14. Appointment extended by an acting president shall remain effective unless revoked
by the elected president within 90 days from his assumption of office
Section 14. 2 months immediately before the next presidential elections and up to the end of
his term, president or acting president shall not make appointments except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.
Purpose. To prevent the use, abuse, of the appointing power for the purpose of enlisting
political official in exchange for some appointive office in the government. Called midnight
appointments.
The Removal Power
Members of the SC and constitutional commissions although appointed by the president, may
be removed in office by appointment in accordance with article 11.
Judges of the inferior courts, appointed by the president may be removed only by the SC.
Ombudsman removed by impeachment
Cabinet secretaries be removed by the expiration of the term of the president.
Constitutional rule. No officer or employess of the civil service shall be removed or suspended
except for cause provided by law. (if classified civil service employee be removed by pleasure)
The control power
The president shall have control of all the executive departments, bureaus and offices. He shall
ensure that the laws be faithfully executed.
Control – the power of an officer to alter or modify or nullify or set aside what a subordinate
had done in the performance of his duties and substitute the judgment of the former for that of
the latter.
Doctrine of qualified political agency. (pg. 411)
The power of control is exercisable by the president over the acts of his subordinates and not
necessarily over the subordinates himself.
The Take-Care Clause
The Military Power
Article 7. (pg.422)

Military power enable the president to;

1. Command all the AFP
2. Suspend the privilege of writ of habeas corpus
3. Declare martial law

Command of the Armed Forces

Habeas Corpus
Article 3 Section 15. The privilege of writ of habeas corpus shall not be suspended except in
cases of invasion, rebellion, when the public safety requires it.
Writ of habeas corpus – a writ directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place, with the day and cause of his
action and detention, to do, to submit to, and receive whatever the court or judge awarding the
writ shall consider in his behalf. Great object of which is liberation of those who may be in
prison without sufficient cause.
SC has the power to annul the suspension of writ if does not meet the criteria.
Article 3 Section 13. The right to bail shall not be impaired even if the writ of habeas corpus is
suspended.
Martial Law
Military powers have been called upon by the executive to assist him in the maintenance of law
and order while the emergency last, they must upon pain of arrest, not commit any act which
will render difficult the restoration of order and enforcement of law.
Powers which can exercised by the president as commander in chief only when there is
martial law or suspension of writ
1. Arrest and seizures without judicial warrant
2. Ban on public assemblies
3. Take over of news media and agencies and press censorship
4. Issuance of presidential decrees
Limitations on the Military Power
(pg. 440)
Martial law does not automatically suspend the writ.
The pardoning Power
Article 7 Section 19. Except in cases of impeachment or otherwise provided in this constitution,
the president may grant reprieves, commutation and pardon and remit fines and forfeitures,
after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of majority of all the
members of the congress.
Pardon – an act of grace which exempt individual from the punishment for the crime he has
committed.
Commutation- reduction or mitigation of the penalty
Reprieve –merely a postponement of a sentence to a certain date or a stay of execution to
secure more evedience to ascertain of guilt, or if death sentence upon apregant woman
Limitations (pg. 444)
Kinds of pardon (pg. 445)
Effect of pardon (pg.448)
Distinctions ( pg.449)
Amnesty (453)
The borrowing power (pg.455)
The diplomatic power (457)
Section 21. No treaty or international agreement shall be valid and effective unless concurred in
by at least 2/3 of all the members of the senate.
The budgetary power (pg. 462)
Section 22. the president shall submit to the congress within 30 days from the opening of every
regular session, as the basis of the general appropriations bills, a budget of expenditure or
sources of financing including receipts from existing an proposed revenue measures.
The Informing Power (pg. 463)

CHAPTER 12. THE JUDICIAL DEPARTMENT

Interdependence of the judiciary (pg. 467)
Judicial Power
Article 8 Section 1. The judicial power shall be vested in one SC and in such lower courts as may
be established by law. Judicial power includes the duty of the courts of justice to settle
controvercies involving rights which are legally demandable and enforceable and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government.
Jurisdiction
The congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts but may not deprive the SC of its jurisdiction over cases enumerated in section 5
thereof.
Jurisdiction – authority by which courts take cognizance of and decide cases, the legal right by
which judges exercise their authority.
Appointments

Qualifications
Every member of the judiciary, be a person of proven competence, integrity, probity and
independence.
The Judicial and Bar Council

Fiscal Autonomy (pg. 481)

Composition of Supreme Court (pg. 485)
Section 4. The SC shall be composed of chief justice and 14 associate justices. It may sit en banc
or in its discretion, in division of three, five or seven members. Ay vacancy shall be filled within
90 days from the occurrence thereof.
En ban cases (487)
Division cases (489)
Requisites of judicial inquiry (pg. 490)
1. There must be an actual case or controversy
2. The question of constitutionality must be raised by the proper party. (pg. 506)
 3. The constitutional question must be raised at the earlieast possible opportunity. (pg.
520)
4. The decision of the constitutional question must be necessary to the determination of
the case itself. (pg.521)
Earliest Opportunity
Raised at the earliest opportunity, such that if it is not raised in the pleadings, it cannot be
considered at the trial, and if not considered at the trial, it cannot be considered on appeal.
But subject to ff. limitations
1. In criminal cases, the constitutional question can be raised at any time in the discretion
of the court.
2. In civil cases, the constitutional question can be raised at any stage if it is necessary to
the determination of the case itself.
3. In every case, except where there is estoppel, the constitutional question may be raised
at any stage if it involves the jurisdiction of the court.
Effects of a declaration of Unconstitutionality
2 views
1. Orthodox view – as announced in Norton vs. Shelby County, an unconstitutional act is
not a law, it confers no rights, imposes no duties, affords no protection, inoperative as if
it had not been passed and considered not to have existed at all.
2. Modern view – does not annul or repeal a statute if found in conflict with the
constitution. It simply refuses to recognize it and determines the rights of the parties
just as if the status had no existence.
Partial Unconstitutionality
Declaration of partial unconstitutionality will be valid under 2 conditions
1. The legislature is willing to retain the valid portions even if the rest of the statute is
declared illegal. Through a separability clause.
2. The valid portions can stand independently as a separate statute.
Powers of the Supreme Court
Section 5. Exercise original jurisdiction over case affecting ambassadors, other public ministers,
and consuls and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas
corpus.
Appellate Jurisdiction (pg.540)
Appeal is a general rule a matter of statutory right entirely dependent upon the discretion or
policy of the lawmaking body.
Appealed cases involving mixed question of law are now under the jurisdiction of court of
appeals.
RTC have the authority and jurisdiction to consider the constitutionality of the statutes,
executive orders, presidential decrees and other issuances.
Temporary Assignment of Judges
Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed 6 months without the consent of the judge concerned.
Change of venue or place of trial
Order a change of venue or place of trial to avoid a miscarriage of justice.
Rule-making power (pg. 550)
Limitations on the rule-making power of the SC
1. The rules must be uniform for all courts of the same grade.
2. The rules must not diminish, increase or modify substantive right.
Appointment of Court Personnel
Appoint all officials and employees of the Judiciary in accordance with the civil service law.
Administrative Supervision of courts (pg. 563)
Section 6. The supreme Court shall have administrative supervision over all courts and the
personnel thereof.
Includes authority to discipline a lawyer as he occupies what may be termed a quasi judicial
office since he is in fact an officer of the court.
Tenure of Judges
Section 11. the members of the SC and judges of the lower courts shall hold office during good
behaviour until they reach the age of 70 years or become incapacitated to discharge the duties
of their office. The Supreme Court en banc shall have to power to discipline judges of lower
courts, or order their dismissal by a vote of majority of the members who actually took part in
the deliberation on the issues in the case and voted thereon.
Consultations of the Court (pg. 568)
Section 13. The conclusions of the SC in any case submitted to it for decision en banc or in
division shall be reach in consultation before the case is assigned to a member for the writing of
the opinion of the court. A certification to this effect signed by the chief justice shall be issued
and a copy thereof attached to the record of the case and serve upon the parties. Any member
who took no part, or dissented, or abstained from the decision or resolution must state the
reason therefor. The same requirements shall be observed by all lower collegiate courts.
Decisions of the Court (570)
Section 14. No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be reviewed
due course or denied without stating the legal basis therefor.
- intended to inform the partied of factual and legal considerations employed to support the
decisions of the court
Salaries of judges (585)
Period for Decision (586)
Annual Report (591)
CHAPTER 13. THE CONSTITUTIONAL COMMISSIONS

592
Salaries
Purpose of prohibition of decrease is to prevent legislature in exerting pressure upon the
commission by operating on their necessities.
Disqualifications
Provision page (594)
Purpose. To compel the chairmen and members to devote their full attention to discharge of
their duties and to remove from them any temptation to take advantage of their official
position for selfish purposes.
Staggering of terms
Provision page 595
The object to minimize the appointment during president’s own term more than one member
or group of members in the constitutional commissions and thereby bind the majority thereof
to a debt of gratitude and loyalty to him that might impair their independence.
Requisites for effective operation of the rotational scheme
1. The original members of the commission shall begun their terms on a common date.
2. Any vacancy occurring before the expiration of the term shall be filled only for the
balance of such term.
Reappointment
Page 596
Other Perquisites
Provisions Page 602
Proceedings
Provision page 603
CHAPTER 14. THE CIVIL SERVICE COMMISSION
PAGE 607
Composition and Qualifications
Provision is age 607
Scope of the Civil Service (609)
Article 9 Section 2 declares that the civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the government, including GOCC with original charters.
Government instrumentalities – refers to any agency of the national government, not
integrated within the department framework, vested with some if not all corporate powers,
administering special funds and enjoying operational autonomy.
Government agency - any various units of the RP, including a department, bureau, office,
instrumentality or GOCC or a local government or a distinct unit therein.
APPOINTMENTS
Provision page 620
Exceptions
Page 621
Security of Tenure
No officer or employee of the CS shall be suspended or dismissed except for cause as provided
by law.
Partisan Political Activity
No officer or employee in the CS shall engage, directly or indirectly, in any electioneering or
partisan political campaign.
Self-organization
Page 634
Strike is not allowed in the government
Provision page 635
Temporary Employees
Page 636
Objectives of the Civil Service
Provisions page 638
Standardization of Compensation
Page 646
Double Compensation
Section 8. No elective or appointive public officer or employee shall receive additional, double
or indirect compensation, unless specifically authorized by law, nor accept without the consent
of the congress, any present, emolument, office or title of any kind from any foreign
government.
Pensions or gratuities shall not be considered as additional, double, indirect compensation.
Purpose.
1. To inform the people of the exact amount a public functionary is receiving from the
government so they can demand commensurate services.
2. Prevent the public functionary from dividing his time among several positions
concurrently held by him and ineptly performing his duties in all of them because he
cannot devote to each the proper attention it deserves.

CHAPTER 15. THE COMMISSION ON ELECTIONS

Purpose. To be a more effective instrument in maintaining the sanctity and secrecy of the ballot
as the concrete expression of the will of the sovereign people.
Page 652
Composition and Qualifications
Provision page 652
Powers and Functions
Article 9-C Section 2. Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum and recall.
Distinction between disqualification and cancelation of certificate of candidacy
Disqualification. Under section 68 of the Omnibus Election Code, candidate may disqualify if he
commits any of the election offenses or prohibited acts specified therein of if he is a permanent
resident or immigrant in a foreign country.
Cancellation. Under Section 78 of the same law, certificate of candidacy may be denied due
course or cancelled if found to be containing material representations which are false and
deliberately made. This would include as misrepresentations as to age, residence, citizenship or
non-possession of natural-born status or when one claims to be eligible despite his
disqualification on the basis of accessory penalty upon him in connection with his conviction of
criminal case.
A candidate disqualified under section 68 may be validly substituted within the same registered
party.
Grounds for electoral protest
In abayon vs COMELEC and Raul Daza,
1. Abduction of a voter
2. Killing of a political leader
3. Threats which prevent the holding of the campaign sorties and the intimidation of
voters
4. Terrorism
5. Massive vote buying and bribery
Provision page 674 on during elections
Decision of Election Contest
Provision page 681
Decision of Administrative Questions
Page 689
Deputization of Law-Enforcement Agencies
Provision page 690
Registration of Political Parties
Provision page 691
Improvement of Elections
Provision page 700
Election Period
Section 9. Unless otherwise fixed by the commission in special cases, the election period shall
commence ninety days before the day of the election and shall end 30 days thereafter.
Party system
Page 703
CHAPTER 16. THE COMMISSION ON AUDIT
WATCHDOG OF THE FINANCIAL OPERATIONS OF THE GOVERNMENT
Provision page 709
Powers and functions
Provision page 710
Prohibited Exemptions
Section 3. No law shall be passed exempting any entity of the government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the Commission
on audit.
Report
Page 727
CHAPTER 17. ACCOUNTABILITY OF PUBLIC OFFICE
Article 11. Public office is a public trust
Public offices and employees ,must at all times be accountable to the people, serve them eith
upmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead
modest lives.
Impeachment
- per SC, it is the power of the Congress to remove a public official for serious crimes or
misconduct as provided in the constitution
- method of national inquest into the conduct of public men
- accused of betrayal of public trust for failing to disclose to the public his assets, liabilities and
net worth
Impeachable Officers
- President, VP, members of the SC, constitutional commissions, ombudsman
- deputy ombudsman and special prosecutors are not impeachable officers
Article 11 Section 2. The president, VP, members of the SC, members of the constitutional
commissions, and the ombudsman, may be removed from office, on impeachment for and
conviction of culpable violation of the constitution, treason, bribery, graft and corruption, other
high crimes, or betrayal of public trust. All other public officers and employees may be removed
from office as provided by law but not by impeachment.
Impeachable officers who are members of the bar cannot be disbarred without being impeach.
Neither may a comelec be charge with libel without being impeached.
Grounds for Impeachment (738)
The act must be deliberate and motivated by bad faith to constitute a ground for impeachment
Of so serious and enormous a nature as to strike at the very life or orderly workings of the
government.
Rape and murder, although as serious as treason and bribery, will not necessarily strike at the
orderly workings of the government.
Procedure (740)
Provision page 741
Under the new provision, it is the House of the representatives alone that can initiate an
impeachment case by a vote of at least 1/3 of its members. On the other hand, the sole power
to try and decide such case is conferred on the Senate, which acan convict only by a vote of 2/3
of its members.
Judgment (746)
A judgement of the congress is normally not subject to judicial review.
The courts may annul the proceedings if there is a showing of grave abuse of discretion
committed by the congress or of noncompliance with the procedural requirements of the
constitution.
The Sandiganbayan (750)
Article 11 Section 4. The present anti-graft court known as the sandiganbayan shall continue to
function and exercise its jurisdiction as now or hereafter may be provided by law.
Under PD No. 1606, as amended, the SAndiganbayan consists of a presiding judge and 14
associate justices and has the same rank as the CA. It sits in 5 divisions of 3 justices each, who
shall be necessary to constitute a quorum and whose unanimous vote shall be required for the
pronouncement of the judgment.It decisions may be brought on certiorari to the SC.
- official with a salary grade 27 and higher.
The Ombudsman (756)
- appointment is no confirmation with commission on appointments
- protector of the people And constitutionally mandated to act promptly on complaints filed in
any form or manner against public officials or employees of the government
Composition
Section 5. there is hereby created the independent office of the ombudsman, composed of the
ombudsman to be known as tanodbayan, one over-all deputy and at least one deputy each for
Luzon, visayas and Mindanao. A separate deputy for the military establishment may likewise be
appointed.
Qualifications and appointment
Provisions page 758
Terms
Provison page 759
They shall not be qualified to run for any office in the election immediately succeeding their
cessation from office.
Powers and Functions
Provison page 759
Section 12. the ombudsman and his deputies, as protector of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the government,
or any subdivision, agency or instrumentality, including GOCC and shall in appropriate cases
notify the complainant of the action taken and the result thereof.
Powers pgae 762
Salary (782)
Deputy Ombudsmen and Personnel of the office of ombudsman
Page 782

The special prosecutor (788)

Ill-gotten Wealth (791)
Section 15. the rights of the state to recover properties unlawfully acquired by public official or
employees, from them or from their nominees or transferees, shall not be barred by
prescription. Laches or estoppel.
Applies only to civil cases for recovery of the ill-gotten wealth
Assets and Liabilities
Page 794
CHAPTER 18. Amendment or Revision of the Constitution
Kinds of constitutions
805
Phil constitution is written, conventional and rigid
Permanence of the constitution (807)
Amendment and Revision (807)
Amendment – isolated or piecemeal change only
Revision – revamp or rewriting of the whole instrument
Procedure (808)
2 steps
1. Proposal – provisions page 808
- usually made either directly by the congress (3/4 all members) or by constitutional
convention or by people’s initiative upon a petition of at least 12% of the total number
of registered voters, which every legislative district be represented by at least 3% of the
total registered voters.
- by initiative, thru amendment only
- if mere amendment or change of a particular provision, it is only the congress
- if overhaul of entire constitution, constitutional conventional
Position of the Constitutional convention (819)
2. Ratification – page 820
Judicial review of amendments (825)
CHAPTER 19. TRANSITORY PROVISIONS