 Political law notes  Man made law, created hy governments and

responsive to the needs of the state, the

Yanapiee <33
community and the people.
MODULE 1 PART 2 INTRODUCTION TO LAW
KINDS OF NATURAL LAW
Definition of Law
1. Physical Law
2. Moral Law
 Lays down standards to which we ought to
3. Divine Law
conform
 Legal rule, moral rule and social convention
KINDS OF POSITIVE LAW
 Law is never static, it is always changing
 System of Rules
1. Public Law
 -includes the organization of the governments,
"Law is a rule of conduct, just, obligatory promulgated
the limitations of its authority, the powers and
by legitimate authority, and of common observance and
duties of the offices and officers, and the
benefit."
obligations of one state to another.
–Felipe Sanchez Roman
 Kinds: Constitutional Law, Administrative Law
and International Law
 “System of Uniformity / Rule of Action”
 State law, divine law, natural law, and moral
2. Private Law
law are comprised
 Body of rules which creates duties, rights and
in the definition of law a rule of action.
obligations, and the means and methods of
Characteristics: setting courts in motion for the enforcement of
a right or a redress of wrong.
1. Rule of Conduct – what shall be done / What  Kinds: Substantive Law and Procedural Law
shall not be done.
2. Law must be just – Laws, as guides for human SOURCES OF LAW
conduct, "should run as golden threads through
society, to the end that law may approach its LEGISLATION
supreme ideal which is the way and dominance the power to create, amend, or revise the law is vested
of justice. in Congress
3. Obligatory – duty to obey which involves -declaration of legal rules
sanctions / consequence. If laws are not
enforced, the purpose for which they are PRECEDENT
intended will not be served (Suarez) past decisions by the Supreme Court. It is based on the
4. Laws must be prescribed by legitimate authority doctrine of State Decisisions.
– Compliance by the people
5. Law must be ordained for common observance CUSTOM
and benefit– Intended by man to serve the man long established practice considered as unwritten law
 Habits and practices approved by the society.
CLASSIFICATION OF LAW
COURT DECISIONS
1. NATURAL LAW enforced authority by the Supreme Court
 "An unjust law is no law at all and need not be
obeyed."
 Laws must have a good moral basis. ELEMENTS FOR CUSTOM TO HAVE THE FORCE OF LAW

2. POSITIVE LAW 1. custom must be proved as a fact according to the

 "Law is what the sovereign says it is." rules of evidence (Article 12 of the New Civil Code)
 Decisions stand, regardless of morality.
2.The custom must not be contrary to law (Article 11 of
the New Civil Code)
3.There must be number of repeated acts and these
repeated acts must have been uniformly performed;
4.There must be judicial intention to make a rule of
social conduct
5.A custom must be acknowledged and approved by
society through long and uninterrupted usage.
EIGHT BAR SUBJECTS
1. POLITICAL LAW
Political Law is that branch of public law which
deals with the organization and operations of the
government organs of the State and defines the
relations of the State with the inhabitants of its
territory.
Subjects: Constitutional Law, Administrative Law,
Law on Public Officers, Election Law, Local
Government Code, Public International Law
2. LABOR LAW
Labor Law includes all rules of law governing the
conditions under which persons may work under
the control of other persons called employers.
Subjects: Labor Standards Law, Labor Relations
Law, Social Legislation
3. CIVIL LAW
It is a mass of precepts that determine and
regulate the relations of assistance, authority and
obedience among members of a family, and those
which exist among members of a society for the
protection of private interest (Sanchez Roman)
Subjects: Persons and Family Relations,
Property. Obligations and Contracts, Sales,
Succession, Lease, Agency and Partnership,
Trusts, Credit Transactions, Land Title and Deeds
4. TAXATION
It is the process by which the sovereign, through
its law making body, races revenues use to defray
expenses of government
Subjects: General Principles, National Income
Taxation, Local Taxation, Tariff and Customs Code,
Judicial Remedies
5. MERCANTILE (COMMERCIAL) LAW
That broad area of the law, statutes, cases and
customs, which deals with trade, sales, buying
selling transportation, contracts and all forms of
business transactions.
Subjects: Corporation Code, Letters of Credit,
Warehouse Receipts Law, Trust Receipts Law,
Negotiable Instruments Law, Insurance Code,
Transportation Law, Securities Regulation Code,
Banking Laws, Special Commercial Laws,
Intellectual Property Law
6. CRIMINAL LAW
It is the branch of public law which defines
crimes, treats of their nature and provides for
their punishment
Subjects: Revised Penal Code and Special Penal
Laws
7. REMEDIAL (PROCEDURAL) LAW
It is the branch of law which provides for the
remedies and the procedures to be observed by
way of enforcing rights and obligations.
Subjects: Civil Procedures, Special Criminal
Proceedings, Procedure, Evidence
8. LEGAL AND JUDICIAL ETHICS
It consists of the standards and norms that bear
on lawyers and judges which covers matters on
the practice of law
Subjects: Practice of Law, Code of Professional
Responsibility, Code of Judicial Conduct, Practical
Exercises

MODULE 1 PART 3
INTRO TO CONSTITUTIONAL LAW
Three Essential Parts of a Written Constitution
A. Constitution of Liberty
 The rights granted to the citizens,
protection given by the government.
 Most commonly found under Article III
The Bill of rights (Due process of law,
right to property, right to exercise
religious belief, Miranda rights)
B. Constitution of government
 Talks about the system of the
Government (form, type)
 Article VI Legislative, Article VII
Executive, Article VIII Judiciary, Article
IX Con. Com., Article X Local Govt
C. Constitution of sovereignty
 "Sovereignty" is the power/authority
exercised by the government over its
jurisdiction (Internal, External)
Construction and Interpretation of the
Constitution
(How to interpret the Constitution)
1. Verba Legis (Plain Meaning Rule)
"A cardinal rule in statutory construction is that
when the law is clear and free from any doubt
or ambiguity, there is no room for construction
or interpretation. There is only room for
application. As the statute is clear, plain and
free from ambiguity, it must be given its literal
meaning and applied without attempted
interpretation. This is known as the plain-
meaning rule or verbal legis." (Padua vs. People
GR No. 168546, July. 23, 2008.
EX. Sec, 14, Article III
"The State recognizes the role of women in
nation-building, and shall ensure the
fundamental equality before the law of women
and men."
2. Ut res magis valeat quam pereat
(so that the matter may flourish rather than
perish / better to have an effect than to be
made void)
 Instead of devoiding a certain law, what
we will try to interpret the intention of
the law which is for that certain law to
have an effect rather than have it
devoid.
 A law is presumed as constitutional or
valid not until it is declared by the SC as
unconstitutional or not valid at all.
Civil Liberties Union vs. Executive Secretary, the
Court affirmed that: "it is a well established rule
in constitutional construction that no one
provision of the Constitution is to be separated
from all the others, to be considered alone, but
that all the provisions bearing upon a particular
subject are to be brought into view and to be so
interpreted as to effectuate the great purposes
of the instrument. Sections bearing on a
particular subject should be considered and
interpreted together as to effectuate the whole
purpose of the Constitution and one section is
not to be allowed to defeat another, if by any
reasonable construction, the two can be made
to stand together."
3. Ratio Legis Est Anime Legis (the reason of
the law is the soul of the law)
 To know the meaning behind the
provision of the law, base it from the
words of the law because these words
will tell the reason/intention of the
framers of a particular provision.
The words of the Constitution should be
interpreted in accordance with the intent of its
framers. The intent of the framers may be
drawn primarily from the language of the
document itself. Should it be ambiguous, the
Court may consider the intent of its framers
through their debates in the constitution.
Ex. Use of the words "shall" and "may"
Shall- required to comply
May- not required to comply
The 2nd and 3rd principle are derived form a
biblical verse:
2 Corinthians 3:6 (KJ21) "who also hath made us
able ministers of the new testament - not of the
letter, but of the Spirit; for the letter killeth, but
the Spirit giveth life."
 When you read the Constitution, do not
just read it word per word, but read it
with the intentions of the framers.
4. Constitutional Provisions are considered as
self-executing provisions.
General Rule: The Constitution Shall be liberally
construed in order to accomplish its objectives
and purposes as well as to fulfill the general
principles and policies enshrined by the people.
Exception to the liberal construction:
Prohibitory provisions of the Constitution shall
be strictly construed to accomplish its
objectives and purposes
Example of prohibitory provisions under the
Constitution(pinag babawal na provisions):
EX. Section 13, Article VII of the Constitution

A provision which is complete in itself and 7. In case of doubt, provisions of the Constitution
becomes operative without the aid of should be considered as mandatory rather than
supplementary or enabling legislation, or that directory; prospective rather than
which supplies sufficient rule by means of which retrospective. (Aguirre, Postulates in
the right it grants may be enjoyed or protected, Constitutional Law, 1997 Ed.)
is self-executing. Thus, a constitutional
provision is self executing if the nature and
extent of the right conferred and the liability
imposed are fixed by the constitution itself, so
that they can be determined by an examination
and construction of its terms, and there is no
language indicating that the subject is referred
to the legislature for action. (Diaz, Statutory
Construction)

 "Self-executing" no need of law to

execute/implement a certain provision.
EX. Sect, 1, Article III.
Non Self-Executory Provisions of the
Constitution:
Principles that are too general to implement.
 Provisions on Article II on "Declaration
of Principles and State Policies;
 Article XIII "Social Justice and Human
Rights"
 Article XIV on "Education, Science and
Technology, Arts, Culture, and Sports"

5. Liberal Construction and its Exceptions…

 We don’t strictly interpret the

constitution word per word.
 Bcs there are many provisions in our
constitution that are too general, we
need specific laws to expound it.
EX. People's Initiative.

MODULE 1 PART 4
AMENDMENT AND REVISION OF THE
CONSTITUTION
(Article XVII, 1987 Philippine
Constitution)
- The Constitution should not be changed from
time to time because as the fundamental law of
the land, this is the basis of all our laws.
 CHA-CHA or Charter Change- Is the legal
process to amend/change the current
Constitution.
 In 5-10 yrs time a possible move in the
Constitution will be made.
(SC case)
In Marbury vs. Madison, it was held that a
"superior paramount law, the Constitution is
unchangeable by ordinary legislative acts."
Article XVII of the 1987 Philippine Constitution
provides for the manner of changing the
Constitution which may either be amendment
or revision.
 Ordinary legislative act - Are the laws
made by the congress in the form of R.A
 The constitution is ratified by the
sovereign Filipino people and therefore
can only be change by the Filipino
people.
Sect 1, Article XVII
Any amendment to, or revision of, this
Constitution may be proposed by:
(1) The Congress, upon a vote of three fourths
of all its Members; or
 (Constituent assembly a vote of 3/4 of
all it's members)
(2) A constitutional convention
 We elect representatives to take part in
the changing of the constitution
Sect, 2, Article XVII
Amendments to this Constitution may likewise
be directly proposed by the people through
initiative upon a petition of at least twelve per
centum of the total number of registered
voters, of which every legislative district must
be represented by at least three per centum of
the registered voters therein. No amendment
under this section shall be authorized within
five years following the ratification of this
Constitution nor oftener than once every five
years thereafter.
People's Initiative- Filipino people are the ones
who propose to make change in our law.
Amendment vs. Revision
Amendment
is an isolated or piecemeal change merely by
adding, deleting, or reducing without altering
the basic principles involved.
 adding/giving meaning
(Can be done through constitutional
convention, constituent assembly, and people's
initiative)
Revusion
In revision, it is the rewriting, revamping or
overhauling the entire instrument altering the
substantial entirety of the Constitution.
REVISION : re-writing
(Can only be done through constituent
assembly and constitutional convention)
TWO STEPS IN THE REVISION OF THE
CONSTITUTION
PROPOSAL
 THE CONGRESS, UPON A VOTE OF
THREE FOURTHS (3/4) OF ITS MEMBERS
MAY FORM A CONSTITUENT ASSEMBLY;
(Congress and senators will be voting
separately)
CONSTITUTIONAL CONVENTION
VOTE OF 2/3 OF ALL ITS
MEMBERS; OR VOTE OF MAJORITY OF ALL ITS
MEMBERS, SUBMIT TO THE PEOPLE
(ELECTORATE) THE QUESTION OF CALLING
SUCH A CONVENTION,
 PEOPLE'S INITIATIVE
RATIFICATION
The amendment to or revision of the
Constitution must be submitted to the people in
a plebiscite called for the purpose not earlier
than sixty (60) days nor later than ninety(90)
days after the approval of such amendment or
revision. Any amendment to the Constitution
undertaken by virtue of the people's right on
initiative shall be submitted also within the
same period after certification by the COMELEC
of the sufficiency of the petition. (Section 4, par.
2, Article XVII)
Doctrine of Proper Submission
 THE PLEBISCITE MAY BE HELD ON THE
SAME DAY AS REGULAR ELECTION,
PROVIDED THE PEOPLE ARE
SUFFICIENTLY INFORMED OF THE
AMENDMENTS TO BE VOTED UPON, TO
CONSCIENTIOUSLY DELIBERATE
THEREON, TO EXPRESS THEIR WILL IN A
GENUINE MANNER. THE SUBMISSION
OF PIECE-MEAL AMENDMENTS IS
UNCONSTITUTIONAL. ALL
AMENDMENTS MUST BE SUBMITTED
FOR RATIFICATION AT ONE PLEBISCITE
ONLY. (TOLENTINO VS. COMELEC GR
NO. L-34150,OCTOBER 16, 1971)
PEOPLES INITIATIVE
 The power of the people to propose
amendments to the constitution either
by amending or to propose and enact a
law either local or national level.
3 systems of people's initiative
 AMENDMENTS OF CONSTITUTION
Initiative on the CONSTITUTION WHICH
REFERS TO A PETITION PROPOSING
AMENDMENTS TO THE CONSTITUTION;
 PROPOSAL OF NATIONAL LAW
INITIATIVE ON STATUTES WHICH REFERS
TO PETITION PROPOSING TO ENACT A
NATIONAL LEGISLATION; AND
3. PROPOSAL OF LOCAL LAW
INITIATIVE ON LOCAL LEGISLATION
WHICH REFERS TO A PETITION
PROPOSING TO ENACT A REGIONAL.
PROVINCIAL, CITY, MUNICIPAL, OR
BARANGAY LAW, RESOLUTION OR
ORDINANCE.
LIMITATIONS ON NATIONAL INITIATIVES
1. THE POWER OF LOCAL INITIATIVE SHALL
E EXERCISED FIVE (5) YEARS AFTER THE
RATIFICATION OF THE 1987
CONSTITUTION: AND
2. THE POWER MAY BE EXERCISED ONLY
ONCE EVERY FIVE YEARS THEREAFTER
3. 12% OF THE TOTAL NUMBER OF VOTER
WITH 3% FOR EVERY LEGISLATIVE
DISTRICT
LIMITATIONS ON LOCAL INITIATIVES
1. SHALL NOT BE EXERCISED MORE THAN
ONCE A YEAR
2. ONLY TO SUBJECT MATTERS WITHIN
THE LEGISLATIVE POWERS
3. NO LEGISLATIVE ADOPTION
Referendum
POWER OF THE ELECTORATE TO APPROVE OR
REJECT A LEGISLATION THROUGH AN ELECTION
CALLED FOR THE PURPOSE.
Two classes:
1. REFERENDUM ON STATUES WHICH
REFERS TO A PETITION TO APPROVE OR
REJECT AN ACT OR LAW OR PART
THEREOF. PASSED BY CONGRESS, AND
2. REFERENDUM ON LOCAL LAW WHICH
REFERS TO A PETITION TO APPROVE OR
REJECT A LAW. RESOLUTION OR
ORDINANCE ENACTED BY REGIONAL
ASSEMBLIES AND LOCAL LEGISLATIVE
BODIES
 MODULE 2 perspective such as when the greater
A. THE PRAMBLE number wants violence to human dignity
or the extermination of a particular race
may be considered as general welfare but
Function of the Preamble in the
does not mean it is for common
Constitution
Common good - nakakabuti sa mga tao
The Preamble is not a source of rights or
Common welfare - kagustuhan ng tao.
obligations (Jacobson vs. Massachusetts,
Hindi dahil gusto mo ay tama o
197 US 11, 22, 1905). However, it is useful
nakabubuti saiyo.
as an aid in ascertaining the meaning or
the construction or interpretation of
Purpose of the final phrase 'under the
ambiguous provisions in the body of the
rule of law and a regime of truth, justice,
Constitution.
freedom, love, equality and peace'
It sets down the origin, scope, and
According to Fr. Joaquin Bernas, the final
purpose by which the Constitution is
phrase was added with the following
promulgated. The origin of the
interpretation:
Constitution is through the will of the
"sovereign Filipino people", it is sourced
Rule of law-implies that the government
directly from the people that is why it is
officials have only the authority given and
called as the supreme law of the land. The
defined by law and such continues to
scope and purpose of the 1987 Philippine
exist only with the consent of the people.
Constitution is enshrined all throughout
The statement is: 'ours is a rule of law and
the proviso of the preamble.
not of men.
Purpose of the use of "We"
Truth - a protest against the deception
which characterized the Marcos regime
The purpose of the use of the first person
as the basis of the origin of the
During the Marcos regime the writ of
Constitution is to manifest the active role
habeas corpus was suspended and
of the people in the establishment of the
abused by the military personnel.
Constitution. The 1935 Philippine
(Writ of habeas corpus "to produce the
Constitution used the third person, "The
body"
Filipino people" which implies another
- A petition that can be filled in court to
external power grants the authority to
produce the person/detainee that has
the Filipino people to create their own
been held captive and deprived of liberty
Constitution.
without any explanation.)
Hence, the "truth" to empathize the
- We use the first person "we" to connote
importance of the life, liberty of the
ownership and entail responsibility. As
people.
Filipino people we should be the one
It's not questioning the entire regime but
responsible in maintaining that the
is questioning the lack of truthfulness in
constitution is actually being abided.
the disappearance if the individuals.
Common Good vs. General Welfare
Love - a monument to the love that
prevented bloodshed in the EDSA
According to Bernas, Common good
Revolution
projects the idea of a social order that
enables every citizen to attain his or her
Equality-emphasizes the major problem
fullest development economically,
on the prevalence of gross economic and
politically, culturally and spiritually. The
political inequalities
term general welfare was avoided
because it may be used in the negative
 Peace- mentioned last as the fruit of the
convergence of truth, justice, freedom
and love
MODULE 2
B. PHILIPPINE NATIONAL
TERRITORY ( ART. I)
Internal Waters
Important: The Ph Consti.is a municipal law. Meaning
we cannot demand other countries to follow our
constitution simply because they are not the one who
gave consent on the promulgation of our constitution.
Importance and Function of the inclusion of the
National Territory in the Constitution
The Philippine Constitution is a municipal law. A
municipal law is a national, or internal law of a state, as
opposed to international law. (Oxford Reference)
Hence, it only binds the state that promulgates such
law. Defining the national territory will bind
internationally only if it supported by proof that can
stand in international law.
NOTE: The value of our national territory is dependent
on when it was created.
The National Territory was included in the 1935
Constitution in response to the fear that the United
States government might dismember the Philippine
Territory. In order to keep the integrity of the Philippine
Territory, the delegates of the Commission proposed its
inclusion in the 1935 Philippine Constitution. In the
1973 Constitution, the provision of National Territory
was placed for the preservation of national wealth, for
national security, and a manifestation of the solidarity
of the people. It is also where the archipelagic principle
was then introduced. In the 1987 Constitution, the
inclusion of the National Territory would have been for
educational value.
Scope of the National Territory
The Philippine National Territory includes:
1. The Philippine Archipelago, which includes
the terrestrial, fluvial and aerial domains;
2. All other territories over which the
Philippines has sovereignty or jurisdiction, and
3. The territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas.
An archipelago means a group of islands,
including parts of islands, interconnecting
waters and other
JURISDICTION OF COASTAL STATE
(Waters of sovereignty)
Foreign warships cannot enter but once
allowed, coastal state cannot set foot nor
prosecute crew if crime was committed on
board or shore, provided in uniform and on
official business at the time of commission (not
open for international navigation unless
allowed) Apply laws with full force and effect to
“foreign merchant vessels Court of flag state
may try people on board for crimes committed
on board. If not affecting good order within
coastal state, right to try maybe waived. Coastal
state may tax all areas subject to exploitation by
Coastal State
Territorial Sea
(12 Nautical Miles from the Baseline)
There is still absolute jurisdiction by the coastal
state Foreign ships have right of innocent
passage (maybe suspended except in
international straights) Fishing vessels must
comply with fishing regulations of coastal state
Submarine must navigate on surface and show
flag Power of arrest over merchant ships
exercising innocent passage No charges may be
levied upon foreign ships Exploitation:
- Fish and exploit
- Enjoyment of airspace but no right of
innocent passage
- Transport goods
- War time neutrality (belligerent states can’t
seize merchant ships in coastal state’s territorial
sea)
- Health, customs and immigration regulations
Contiguous Zone
(24 Nautical Miles from the Baseline)
-Jurisdiction is limited to fiscal and sanitary laws GR:
Exercise control necessary to:
A. Prevent infringement of customs, fiscal, immigration,
or sanitary regulations within its territory or territorial
sea;
B. Punish infringement of above committed within
territory or territorial sea
EXCLUSIVE ECONOMIC ZONE EEZ
(200 Nautical Miles from the Baseline)
Exploitation and Exploration GR: Sovereign rights
Overall economic resources of seabed/subsoil
- Sharing arrangement
- May impose fees for fishing
- Limited powers to prevent pollution and control
scientific research For Flights
- Foreign states have freedom of navigation and
overflight
- Right of foreign states to lay
HIGH SEAS
(Beyond 200 nautical miles)
Res Nullius and Res Communes GR: Freedom of Foreign
States Except when a coastal state claim EEZ
Res Nullius – no body’s land
Terra Nullius – no body’s thing
MODULE 2
 DECLARATION OF PRINCIPLES AND
STATE POLICIES (ART. II)
Art II is a non-self-executory provision of the
constitution.
Meaning it cannot be implemented unless there
is:
1. Mentioning in the constitution
2. There is a specific law which
implements this provision
3. There is jurisprudence or SC decision
which tells that this is a self-executory
provision.
Function of Article II in the 1987 Philippine
Constitution:
The main function of Art II is the basic ideological
principles and policies which underlines the
constitution.
These are the guiding principles by which the
constitution follows. These are the principles which are
the basis of other provisions of the constitution.
(NOTE: Too broad or too general to implement)
The Declaration of Principles and State Policies is a
statement of the basic ideological principles and policies
that underlie the Constitution. As such, the provisions
shed light on the meaning of the other provisions of the
Constitution and they are a guide for all departments of
the government in the implementation of the
Constitution (Bernas)
As a general rule, the provisions of the Constituion are
considered self-executing, and do not require future
legislation for their enforcement. For if they are not
treated as self-executing, the mandate of the
fundamental law can be easily nullified by the inaction
of Congress. (Manila Prince Hotel vs GSIS GR No.
122156, February 3, 1997). However, some provisions
have already been categorically declared by the
Supreme Court as non self-executing.
In Tanada vs. Angara (338 Phil 546), the Court
specifically set apart the sections found under Article Il
of the 1987 Philippine Constitution as non self-
executing and ruled that such broad principles need
legislative enactments before they can be implemented.
By its very title, Article Il of the Constitution is a
"declaration of principles and state policies." These
principles in Article Il are not intended to be self-
LEGISLATIVE DEPT (Art. IV)
executing principles ready for enforcement through the LEGISLATIVE DEPARTMENT:
courts. They are used by the judiciary as aids or as
Legislative power is the authority to make laws and to
guides in the exercise of its power of judicial review,
alter or repeal them. determine the legislative policy
and by the legislature in its enactment of laws. (Tondo
Medical Center Employees Association, et al. vs. CA, formulate and promulgate
G.R. No. 167324, July 17, 2007) Nature of Legislative Power

PRICIPLES It is a well settled principle in constitutional law that the

(Sect 1 – 6) power of Congress is plenary, unlimited, absolute and
Principles are binding rules which must be observed in general, practically covering broad areas of concern,
the conduct of the gov’t. subject only to the limitations prescribed by the
Constitution.
STATE POLICIES Plenary, unlimited, absolute, general
(Sect 7-28)
Policies are guidelines for the orientation of the gov’t Classification of Powers of Congress
and addresses into particular concerns and sectors.
Legislative Power in General - refers to the power to
enact laws which includes the power to alter or repeal
them.

Specific Legislative Power - power expressly conferred

by the constitution.
Ex. power of appropriation, power of taxation, power of
expropriation.

Non-Legislative Power - powers which are not basically

legislative in nature but which are performed by
congress.
Ex. power to approve amendment to the constitution
power to impeach, power to canvass presidential
elections, itc.

Implied Power - power are not expressly conferred by

the constitution but which are implied for those
expressly granted.
Ex. power to punish or declare a person in contempt
during or in the course of legislative investigation.

Inherent Power - power which is inherent to the

exercise or legislative power.
Ex. power to determine rules of proceedings

Limitation on Legislative Power

1. Substantive limits- speech and expression

Ex. rights, alive, respect, obligations

2. Procedural limits manner of passing the law

Where does the Constitution vest legislative power? 4. Power to concur or confirm an amnesty granted by
SECTION 1. the President (Sec. 19, par.2, Article VII)

-Legislative power is vested in the Congress of the
Philippines which shall consist of the Upper House
Allows for a body of national perspective to (Senate)
and the Lower House (Houseof Representatives), except
those reserved to the people by initiative and
referendum.
Advantages of Bicameralism (two houses):
Allows for a body of national perspective to check the
parochial tendency of representatives elected by the
districts. allows for more careful study of legislation
makes the legislature less susceptible to control by the
Executive.
Serves as training ground for national leaders
Disadvantages of Bicameralism:
1. The bicameral set-up is more expensive
2. Entails delay in the passage of important and urgent
bills due to complexity of legislative process, and
3. Inter-chamber bickering and deadlocks impairs
efficiency
Advantages of Unicameralism (one house):
1. advantages of organization resulting in economy;
2. Facility in pinpointing responsibility for legislation
3. Avoidance of duplication
Kinds of Legislative power in Republican systems:
1. Original Legislative Power - possessed by the
sovereign people. Derivative Legislative power is that
which has been delegated by the sovereign people to
legislative bodies and is subordinate to the original
power of the people.
2. Constituent Legislative Power - power to amend or
revise the constitution. Ordinary Legislative Power
power to pass ordinary laws.
Non-Legislative Powers vested to Congress:
1. Power to confirm Presidential Appointments (Sec. 16,
Article VI)
5. Power to canvass the votes based on the return of
every election for President and VicePresident (Sec.4,
par. 4, Article VII)
6. Power to propose amendment or revision of the
Constitution upon a vote of ¾ of all the members of the
Congress (Sec.1, Article XVII)
7. Power to ratify treaties granted to the Senate (Sec.
21, Article VII)
May Congress pass irrepealable laws?
Irrepealable laws are laws that are permanent and
cannot be amended or changed. The Congress is
prohibited to pass irrepealable laws as it conflicts the
plenary nature of legislative powers.
Delegation of Legislative Power
Principle: Potestas Delagata Non Delegari Potest “No
delegated powers can be further delegation”
- Legislative power cannot be delegated as it must
remain where the people have lodged it.
Exceptions where legislative power may be delegated:
When authorized by the Constitution, such as: a. The
Congress may by law grant emergency powers to the
President (Sec. 23[2], Article VI) b. Congress may by law
grant tariff powers to the President (Sec. 28[2], Article V
Legislative powers may be delegated to local
government
a. Police power has been expressly delegated to LGU
b. Power of local eminent domain
NOTE: Legislative Powers may be delegated to the
people through referendum (method of submitting an
important legislative measure to a direct vote of the
whole people) and plebiscite (a devise to obtain a direct
popular vote on a matter of political importance.)
Composition of Senate
SECTION 2. The Senate shall be composed of twenty-
four Senators who shall be elected at large by the
qualified voters of the Philippines, as may be provided
by law. Summary of Composition

2. Power of impeachment (Sec.3, Article XI)

3. Power to declare the existence of a state of war

(Sec.23[1], Article VI)
SENATE:
Composed of twenty-four (24) Senators who shall be
elected at large by the qualified voters of the
Philippines as may be provided by law. (Sec. 2, Art. VI)
HOUSE OF REPRESENTATIVES:
Composed of not more than 250 members, unless
otherwise fixed by law
They are the following:
a. District Representatives – there shall be no less than
200 members in the House of Rep
b. Party-list Rep – there are fifty (50) seats initially
allowed to party-list members, to be chosen from the
various parties listed in COMELEC which have presented
cadndidates in the election
c. Sectoral Rep – only for 3 consecutive terms after the
ratification of the 1987 Constitution
Executive:
One (1) – President of the Philippines. Note: the
Executive power is not vested to the VP under Section
1, Article VI
Judiciary:
The Supreme Court shall be composed of One (1) Chief
Justice and Fourteen (14) Associate Justices.
Qualification of Senators
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 thirty-five years of age, able to
read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election.
Senator
- Natural Born Citizen
- At least 35 yrs old
- Registered voter
- Resident of PH not less than 2 yrs IPDE
- Able to read and write
District Rep
- Natural Born Citizen
- At least 25 yrs old
- Registered Voter in the district
- Resident of the District not less than 2 yr IPDE
(except party list rep)
- Able to read and write
President
- Natural Born Citizen
- At least 45 yrs old
- Registered Voter
- Resident of PH for at least 10 yrs IPDE
- Able to read and write
Justice
- Natural Born Citizen
- At least 40 yrs old
- Must have been for 15 years or more a judge of
a lower court or engaged in the practice of law
in the Philippines. A person of proven
competence, integrity, probity, and
independence (Sec. 7, Art. VIII)
NOTE: IPDE – immediately preceding the day of the
election which means the day the votes are cast.
Animus manendi – The intention of remaining
Animus revertendi – intention to return
The qualifications can neither be added nor subtracted
from by any legislative or executive action. Under the
principle of inclusio unios est exclusion alterius, what
has been included in the proviso, no man can then
exclude.
Inclusio unios est exclusion alterius “The inclusion of
one is the exclusion of another” - if something is
mentioned as being included, then anything that is not
mentioned is by implication meant not to be included,
Term of Office of Senators
SECTION 4. The term of office of the Senators shall be
six years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day of June
next following their election.
No Senator shall serve for more than two 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.
Term vs. Tenure
Tem – Period of time during which a person may claim
the office as matter of a right. (is provided by the law)
Tenure – Period of time that a person actually holds the
office
SENATE
Term – Six (6) years (Sec. 4, Art VI)
Tenure - No senator shall serve for more than two (2)
consecutive terms.
HOUSE OF REP
Term – Three (3) years (Sec. 7 Art. VII)
Tenure - No member of the house of representatives
shall serve for more than three (3) consecutive terms.
PRESIDENT AND V.P
Term – Six(6) years (Sec. 4, Art VII)
Tenure – The President shall not be eligible for any re-
election.
SC JUSTICES
Term - During good behavior until they reach the age of
seventy (70) years or become incapacitated to discharge
the duties of their office (Sec. 11, Art. VIII)
Tenure – not elected therefore not applicable.
THE HOUSE OF REPRESENTATIVES
A. District Representatives
District Representatives area those representing which
district is one created by law.
B. Party-List Representatives
The party-list system is a mechanism of proportional in
the election of representatives to the House of
Representatives from national, regional and sectoral
parties or organizations or coalitions thereof registered
with the Commission on Elections (COMELEC).
Kinds of Party:
a. A political party - organized group of citizens
advocating and ideology or platform, principles and
policies for the conduct of government.
b. It is a national party - consistency is spread over the
geographical territory of at least a majority of the
regions.
c. A sectoral party - organized group of citizens
belonging to any of the sectors enumerated in section 5
hereof whose principal advocacy pertains to the special
interest and concerns of their sectors.
Guidelines for the Party-List System (Atong Paglaum,
Inc. vs. COMELEC GR No. 203766 April 2, 2013)
1. Three different groups may participate in the party-
list system:
(1) national parties or organizations,
(2) regional parties or organizations, and
(3) sectoral parties or organizations
2. National parties or organizations and regional parties
or organizations do not need to organize along sectoral
lines and do not need to represent any “marginalized
and underrepresented” sector.
4. Sectoral parties or organizations may either be
“marginalized and underrepresented” or lacking in
“well-defined political constituencies.” It is enough that
their principal advocacy pertains to the special interest
and concerns of their sector. The sectors that are
“marginalized and underrepresented” include labor,
peasant, fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and overseas
workers. The sectors that lack “well-defined political
constituencies” include professionals, the elderly,
women, and the youth.
5. A majority of the members of sectoral parties or
organizations that represent the “marginalized and
underrepresented” must belong to the “marginalized
and underrepresented” sector they represent. Similarly,
a majority of the members of sectoral parties or
organizations that lack “well-defined political
constituencies” must belong to the sector they
represent. The nominees of sectoral parties or
organizations that represent the “marginalized and
underrepresented,” or that represent those who lack
“well-defined political constituencies,” either must
belong to their respective sectors, or must have a track
record of advocacy for their respective sectors. The
nominees of national and regional parties or
organizations must be bona-fide members of such
parties or organizations.
6. National, regional, and sectoral parties or
organizations shall not be disqualified if some of their
nominees are disqualified, provided that they have at
least one nominee who remains qualified
Grounds for the Denial or Cancellation of Party-List
Registration with COMELEC (Sec. 6, RA 7941)
Section 6. Removal and/or Cancellation of
Registration - The COMELEC may motu proprio or upon
verified complaint of any interested party, remove or
cancel, after due notice and hearing, the registration of
any national, regional or sectoral party, organization or
coalition on any of the following grounds
1. It is a RELIGIOUS, organization or association
organized for religious purposes;
2. It advocates VIOLENCE or unlawful means to seek its
goal;
3. It is a FOREIGN party or organization;
4. It is receiving support from ANY FOREIGN
government, political party, foundation, organization,
whether directly or through any of its officers or
members or indirectly through third parties for partisan
election purposes;REASON : CONFLICT OF INTEREST
5. It VIOLATES to comply with laws, rules or regulations
relating to elections;
6. It declares UNTRUTHFUL STATEMENTS in its petition;
7. It has ceased to exist for at least (1) ONE YEAR; or
8. It fails to participate in the last (2) preceding elections
or fails to obtain at least two percentum (2%) of the
votes cast under the party-list system in the
PERCENTUM preceding elections for the constituency in
which it has registered.
Parliamentary Immunities
Immunity from Arrest and Privilege Speech and Debate
SECTION 11. A Senator or Member of the House of
Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from
arrest while the Congress is in session. No Member shall
be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any
committee thereof.
Immunity from Arrest
Purpose: to ensure REPRESENTATION of the
constituents by the Members of Congress by preventing
attempts to keep him from attending its sessions
 Conditions for the immunity: o the offense
committed does not carry a penalty of not more
than 6 YEARS of imprisonment, and
 the Congress is in SESSION , regular or special o
“Session” refers to the entire period of
convening, that is from the opening of the
Congress until its final adjournment and does
not refer to the daily meetings of Congress
• The conditions for immunity cannot be
extended by intendment, implication or
equitable consideration. Hence, the term 6
years cannot be changed by ordinary legislation.
Privilege Speech and Debate
 Purpose: 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.
 Limitation: The Member of Congress can
be held liable for his speech and debate
whenever his words and conduct are
considered disorderly or unbecoming a
member thereof o Basis: “questioned nor
be held liable in any other place…” which
means that the Member of Congress can
be held accountable in their respective
House
 Speech or Debate refers to any activity or
act performed by a Member of Congress in
his official capacity (Jimenez vs.
Cabangbang). It refers to utterances made
 by a Congressman in his official capacity,
such as speeches delivered, statements
made, or votes cast in the halls of
Disclosure of Interest
SECTION 12. All Members of the Senate and the House
of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business
interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the
filing of a proposed legislation of which they are
authors.
Prohibitions for the Members of the Congress
A. Incompatible and Forbidden Office
SECTION 13. No Senator or Member of the House of
Representatives may hold any other office or
employment in the Government, or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat.
Incompatibility of offices exists where there is a 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.
Basis of incompatibility: where the functions are
inherently inconsistent, repugnant, so that because of
the contrariety and antagonism, which would result
from the attempt of one person to discharge faithfully,
impartially, and efficiently the duties of both office,
considerations of public policy render it improper for an
incumbent to retain both. Purpose of the Rule: to
preserve the legislature in accord with the principle of
separation of powers. Forbidden office – when a
member of Congress is 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 have been increased during his
term
B. Other Prohibitions
SECTION 14. No Senator or Member of the House of
Representatives may personally appear as counsel
before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary,
during his term of office. He shall not intervene in any
matter before any office of the Government for his
pecuniary benefit or where he may be called upon to
act on account of his office
Purpose of Section 14: to
forestall any possibility of TAKING ADVANTAGE of a
Member of Congress of his position in dealing with the
courts and other government offices, or in their
personal or business transactions.
a. Prohibition to appear as counsel No Senator or
Member of the House of Representatives may
personally appear as counsel before any court of justice
or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies
b. Financial interest with government contracts and
franchises Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary,
during his term of office.
c. Intervention He shall not intervene in any matter
before any office of the Government for his pecuniary
benefit or where he may be called upon to act on
account of his office.
Holding of Elections
SECTION 8. Unless otherwise provided by law, the
regular election of the Senators and the Members of
the House of Representatives shall be held on the
second Monday of May Vacancies for any Member of
Congress
SECTION 9. In case of vacancy in the Senate or in the
House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by
law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the
unexpired term -12 SENATORS /13TH SENATORS -
SELECTION A (3 YEARS) (3YRS )
*Special election is only necessary if there is a law
provided.
Conduct of Business
A. Sessions SECTION 15. The Congress shall convene
once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law,
and shall continue to be in session for such number of
days as it may determine until thirty days before the
opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The President
may call a special session at any time- SONA
*Regular session – every 4th Monday of July Opening of
congress (SONA)
Special session – The President may call for a special
session
(1) upon the call of President
(2) in case there is a vacancy in the position of Pre. And
VP
(3) to decide on the disability of the president
(4) to revote or extend the proclamation of martial law
B. Officers of Congress
SECTION 16. (1) The Senate shall elect its President and
the House of Representatives its Speaker, by a majority
vote of all its respective Members.
* The officers of Congress includes the Senate
President, the Speaker of the House of Representatives
and such other officers as each House may deem
necessary such as the Deputy Speakers, Majority Floor
leader, Minority Floor leader, the Secretary General,
Sergeant-At-Arms, etc.
C. Quorum
SECTION 16. (2) A majority of each House shall
constitute a quorum to do business, but a smaller
number may adjourn from day to day and may compel
the attendance of absent Members in such manner, and
under such penalties, as such House may provide.
*Quorum is the number required to enable a body or
group to transact a business. The quorum is based on
the proportion between those physically present and
the total membership of the body.
The quorum in the congress is what we call as majority
50% + 1 if the House of Rep. is 250 members the
majority will be 126 ( 125+ 1)
VOTING
General rule: Rule of the majority (50% +1)
Suspending/expelling a member
- 2/3 votes of all its members (Sect 16(3), Art VI)
Entering the yeas and nays in the journal
- “Viva voce” – the louder the shout the more chances
of winning (Lower House)
- 1/5 of the members to record in the journal
Declaring the existence of a state of war
- 2/3 of both houses in joint session voting separately
Reconsideration - 2/3 of both houses are in favor of the
bill they can over throw the veto of the president
D. Rules of Proceedings and Discipline of Members
SECTION 16. (3) Each House may determine the rules of
its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all
its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days-
⅔, SUPREME COURT
To whom Judicial Power is Vested Section 1. The power
shall be vested in one Supreme Court and in such lower
court as may be established law
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
government.
E. Journal
SECTION 16. (4) Each House shall keep a Journal of its
proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect
national security; and the yeas and nays on any
question shall, at the request of one-fifth of the
Members present, be entered in the Journal.
Journal - A journal is the official record of the
proceedings of the House concerned.
Enrolled bill, definition.
- Enrolled bill is the official copy of approved
legislation and bears the certification of the
president officers of each House.
Enrolled bill doctrine is the official copy approved
by legislation.
and where there is:
a. Signing of a bill by the Speaker of the House and
the President of the Senate, and
b. Certification by the secretaries of both Houses of
Congress that such bill was passed (Arroyo vs. De
Venecia, August 14, 1997
Electoral Tribunals
SECT. 17 ..
Function of Electoral Tribunals (SET and HRET): to
be the sole judge of all election contests (when a
defeated candidate challenges the qualification and
claims the seat of the proclaimed winner) relation
to the election returns, and qualifications of the
Members of the Congress. In the absence of
Election Contest, the Electoral Tribunal are without
jurisdiction.
Requirements to pass the case from COMELEC to
Electoral Tribunals: Once a winning candidate has
been
a. Proclaimed
b. Taken his oath, and
c. Assumed office as a Member of Congress
Composition of the Electoral Tribunals:
a. SET – 9 members (3 SC Justices designated by CJ,
and 6 Senators based on proportionate
representation from political parties)
b. HRET - 9 members (3 SC Justices designated by
CJ, and 6 Members of the House of Representatives
based on proportionate representation from
political parties)
Grounds for Termination of Membership in the
Electoral Tribunal:
1. Expiration of the term;
2. Death or permanent disability;
3. Resignation from the political party he represents
in the tribunal;
4. Formal affiliation with another political party;
5. Removal from office for a valid reason.
Commission on Appointments (CA)
Sect. 18 …
Function of CA: CA acts as legislative check on the
appointing authority of the President. For the
effectivity of the appointment, the consent of CA is
needed.
Composition of CA:
1. Senate President as ex officio chairman;
2. Twelve (12) Senators;
3. Twelve (12) Members of the House of
Representatives;
The members are all elected on the basis of
proportional representation from the political
parties or organizations registered.
Powers of Congress
Legislative Powers and Non-Legislative Powers
Two Types of Powers of Congress:
a. Legislative power is the power to enact, alter or
repeal laws. It includes power of appropriation,
taxation and expropriation, legislative inquiries and
question hour, and other incidental, necessary and
implied in the power to legislate.
b. Non-legislative powers are powers and duties
that are not connected with the legislation but are
assigned by the Constitution
Limitations on Legislative Powers:
a. Express limitations – those provide in the
Constitution which includes the Declaration of
Principles and State Policies, the Bill of Rights, the
provision on Initiative and Referendum, and other
relevant provisions of the Constitution. Two types
of express limitations:
- 1. Substantive limitations – which affect the
very nature, quality, content and substance of
the bill. Examples include:
A. Congress cannot pass irrepealable
laws;
B. Congress cannot pass ex post facto law
or bill of attainder;
 C. Congress cannot increase the
appropriation recommended by the
President for the operation of the
government as specified in the budget
D. Every bill passed by Congress shall
embrace one subject which shall be
expressed in the title thereof;
E. No public money or property shall be
appropriated, applied, paid or
employed, directly or indirectly, for the
use, benefit, or support of any sect,
church, denomination, sectarian
institution, or system of religion, or any
priest, preacher, minister, or other
religious teacher, or dignitary as such,
except when is assigned to the armed
forces, or to any penal institution, or
government orphanage or leprosarium;
F. No law shall be passed increasing the
appellate jurisdiction of the Supreme
Court without its advice and
concurrence;
G. Congress cannot enact a law granting
title or royalty or nobility.
2. Procedural limitations – which refers to the steps
required in the enactment of laws (e.g. How bill
becomes a law under Sec. 27, Art. VI)
B. Implied limitations – are founded on the evident
purpose of the act and the circumstances and historical
events which led to the enactment of the law.
When Does a Bill Become a Law?
SECT. 27…
The following are instances when does the bill become
a law:
1. When the President approves the bill presented to
him and signs it;
2. When the President veto is reconsidered by two-
thirds 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, Art. VII.
Veto Power of the President
Veto power is the power of the President to refuse to
approve a bill or joint resolution and thus prevent its
enactment into law.
GR: If the President disapproves a bill, he should veto it
in its entirety. He is not allowed to veto separate items
(“item veto”)
Exception: the only way the president can item veto is
in cases of appropriation, revenue and tariff bills.
Effect of Invalid Veto: it is without effect (it is as if the
President did not act on the bill at all) hence, the bill
becomes a law by executive inaction (if unacted after 30
days).
A. Power of Appropriation
Sect 29. …
An appropriation refers to an authorization made by
law or other legislative enactment, directing payment
out of government funds under specified conditions or
for specified purposes (Sec.2(1), Chapter 1, Book VI, EO
NO. 292)
Rule: No money shall be paid out of the treasury except
in pursuance of an appropriation made by law.
Limitations on the Power of Appropriation:
A. Inherent Limitations
1. The appropriation must always be for public purpose;
2. The amount to be appropriated must be certain and
definite.
B. Constitutional Limitations
1. SECTION 24.
All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and
private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur
with amendments.
2. SECTION 25. (1) The Congress may not increase the
appropriations recommended by the President for the
operation of the Government as specified in the budget.
The form, content, and manner of preparation of the
budget shall be prescribed by law.
3. (2) No provision or enactment shall be embraced in
the general appropriations bill unless it relates
specifically to some particular appropriation therein.
Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates.

4. (3) The procedure in approving appropriations for the

Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies.

5. (4) A special appropriations bill shall specify the

purpose for which it is intended, and shall be supported
by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue
proposed therein