POWERS AND STRUCTURES OF GOVERNMENT future conditions

Can be declared null and Fundamental law to which a

I. PRELIMINARY CONCEPTS void. statute should conform
Political Law
- It is that branch of public law which deals with the NATURE OF A CONSTITUTION
organization, and operations of the governmental organs of - it is a direct legislation from the people, the Constitution is
the State and defines the relations of the State with the the fundamental law of the land which is supreme and
inhabitants of its territory unalterable except by the authority from which it emanated.
Sources: 1. PARTS
1. 1987, 1973 and 1935 Constitutions 1. Constitution of Liberty — The series of prescriptions
2. Other organic laws made to apply to the Philippines, setting forth the fundamental civil and political rights
e.g., Philippine Bill of 1902, Jones Law of 1916, and of the citizens and imposing limitations on the powers
Tydings-McDuffie Law of 1934 of government as a means of securing the enjoyment
3. Statutes, executive orders and decrees, and judicial of those rights, e.g., Art. II, IV,V, and XII.
decisions 2. Constitution of Government — The series of
4. U.S. Constitution. provisions outlining the organization of the
Constitution government, enumerating its powers, laying down
- It is that body of rules and maxims in accordance with certain rules relative to its administration, and
which the powers of sovereignty are habitually exercised. defining the electorate, e.g., Arts. VI to XI.
Political Law Constitution 3. Constitution of Sovereignty — The provisions pointing
Broader in concept than Branch of jurisprudence out the mode or procedure in accordance with which
constitutional law as it which treats of the nature formal changes in the fundamental law may be
embraces not only the of constitutions, their brought about, e.g., Art. XVII
treatment of constitutions establishment, construction
but also statutes like and interpretation. 2. MANNER OF INTERPRETATION (SELF-EXECUTING AND
administrative law, election NON-EXECUTING CHARACTER)
law, law of public officers, o Self-executing provision - a rule that by itself is
and law of public directly or indirectly applicable without need of
corporations. statutory implementation.
Statute Constitution Ex. Bill of Rights
A legislation from the Direct legislation from the o Non-Executing provision - one that remains dormant
people’s representatives. people. unless it is activated by legislative implementation.
Provides the details for Provides general principles. How to determine? “under conditions provided by
their implementation.
law”
Statute covers only the Intended to have an
Ex. Article 2 of the Constitution. State
existing conditions. indefinite life in order to
Policies.
adapt with present and
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 Section 2. Amendments to this Constitution may
3. PROCESS OF CHANGE (AMENDMENTS AND REVISIONS) likewise be directly proposed by the people through
AMENDMENT REVISION initiative upon a petition of at least twelve per
Minor or piecemeal Substantial change as it centum of the total number of registered voters, of
change affecting few requires rewriting of the which every legislative district must be represented by
at least three per centum of the registered voters
specific provisions. entire instrument.
therein. No amendment under this section shall be
Broadly refers to a Broadly implies a change authorized within five years following the ratification of
change that adds, that alters a basic principle this Constitution nor oftener than once every five years
reduces, deletes, in the Constitution. thereafter.
without altering the
basic principle The Congress shall provide for the implementation of
involved. the exercise of this right.
Ex. Ex. change in the form of
government from Section 3. The Congress may, by a vote of two-thirds of
Presidential to all its Members, call a constitutional convention, or by a
parliamentary or changing majority vote of all its Members, submit to the
the bicameral with electorate the question of calling such a convention.
Unicameral legislature
Who initiates? Who initiates? Section 4. Any amendment to, or revision of, this
1. Congress upon 3⁄4 1. Congress upon 3⁄4 vote Constitution under Section 1 hereof shall be valid when
vote of all its of all its members ratified by a majority of the votes cast in a plebiscite
members 2. Constitutional which shall be held not earlier than sixty days nor later
2. Constitutional Convention than ninety days after the approval of such amendment
Convention or revision.
3. People’s initiative,
as the Congress may Any amendment under Section 2 hereof shall be valid
hereinafter provide when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
STEPS IN THE AMENDATORY PROCESS nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the
petition.
Article 17 AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this
Constitution may be proposed by: 1. Proposal — The adoption of the suggested change in the
(1) The Congress, upon a vote of three-fourths of all its Constitution.
Members; or a. Congress — by a vote of 3/4 of all its members. Majority
(2) A constitutional convention. of authorities opine that this is to be understood as 3/4

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 of the Senate and 3/4 of the House of Representatives.
(Art. 17, Sec. 1-3)
b. Constitutional Convention —which may be called into
existence either by a 2/3 vote of all the members of
Congress, or (if such vote is not obtained) by a majority
vote of all the members of Congress with the question of
whether or not to call a Convention to be resolved by the
people in a plebiscite. (Art. 17, Sec. 3)
c. People, through the power of initiative — A petition of at
least 12% of the total number of registered voters, of
which every legislative district must be represented by at
least 3% of the registered voters therein. (Art. 17, Sec.
2). But this can only be done once every five years.
NOTE — the choice of method of proposal, i.e., whether
made directly by Congress or through a Constitutional
Convention, is within the full discretion of the legislature.
(Occena v. Comelec)
2. Ratification — The proposed amendment shall become
part of the Constitution when ratified by a majority of the
votes cast in a plebiscite held not earlier than 60 nor later
than 90 days after the approval of the proposal by Congress
or the Constitutional Convention, or after the certification by
the Commission on Elections of the sufficiency of the petition
for initiative under Art. 17, Sec. 2.
Q: How may the 1987 Constitution be revised?
A: The are two modes of revising the Constitution:
a. By the Congress, upon a vote of 3/4s of all its
members; or
b. Through a Constitutional Convention
If the Congress chooses to call a constitutional convention
to revise the Constitution, it may either:
a. Call a Constitutional Convention by a vote of 2/3 of all
its Members; or
b. Submit to the electorate the question or calling such a
body by a majority vote of all its Members.
Q: How may the 1987 Constitution be amended?
A: There are three modes of amendment:
a. First: Congress may directly propose an amendment
by a vote of 3/4 of all its members. In such a case,
Congress acts as a constituent assembly which is a
non-legislative function.
b. Second: Through a Constitutional Convention. The
Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a
majority vote of all its Members, submit to the
electorate the question of calling such a convention.
(Sec. 3, Article 17, 1987 Constitution).
c. Third: Through Peoples’ Initiative. The petition for
Peoples’ Initiative should be signed by at least twelve
percent of the total number of registered voters,
provided that in each legislative district, at least
three percent of the registered voters, therein shall
sign the petition. (Sec. 2, Article 17, 1987
Constitution).
Q: Can people propose revision of the 1987 Constitution?
A: No. A people's initiative can only propose amendments to
the Constitution, inasmuch as the Constitution itself limits
initiatives to amendments, as shown by the deliberations of
the Constitutional Commission.
Initiative - it is the power of the people to propose
amendments to the Constitution or to propose and enact
legislation through an election called for the purpose.
Types:
1. Initiative on the Constitution — refers to a petition
proposing amendments to the Constitution
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 2. Initiative on statutes — refers to a petition STATES)
proposing to enact a national legislation
3. Initiative on local legislation — refers to a petition Elements:
proposing to enact a regional, provincial, city, a. People – inhabitants of the State; must be numerous
municipal or barangay law, resolution or enough to be self-sufficing and to defend themselves
ordinance and small enough to be easily administered and
4. Indirect Initiative — is exercise of initiative by the sustained.
people through a proposition sent to Congress or b. Territory – the surface of the earth occupied by a
the local legislative body for action. State for the purpose of determining the extent of the
exercise of its own jurisdiction.
Q: What are the requirements for an initiative to be made?
A: The essence of amendments directly proposed by the Article 1. The national territory comprises the
people through initiative upon a petition is that the entire Philippine archipelago, with all the islands and
proposal on its face is a petition of the people. waters embraced therein, and all other territories
1. The people must author and sign the entire proposal; no over which the Philippines has sovereignty or
agent or representative can sign in their behalf. jurisdiction, consisting of its terrestrial, fluvial and
2. As an initiative upon a petition, the proposal must be aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
embodied in the petition.
submarine areas. The waters around, between, and
3. People’s initiative applies only to an amendment, not a
connecting the islands of the archipelago,
revision, of the Constitution. regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
Constitutional Convention – a body called for a limited c. Government – agency or instrumentality through
purpose – that of framing and submitting to the people or which the will of the State is formulated, expressed
framing and adopting a new constitution, or of revising and and realized.
amending an old one. Functions:
Constituent Ministrant
THE PHILIPPINES AS A STATE
Mandatory for the Merely optional for
Government to perform Government to perform
State - It is community of persons, more or less numerous, because they constitute because they are
permanently occupying a definite portion of territory, the very bonds of intended to promote the
independent of external control, and possessing a society. welfare, progress and
government to which a great body of inhabitants render prosperity of the
habitual obedience. people.
Ex. maintenance of
1. ELEMENTS (PEOPLE, TERRITORY, GOVERNMENT, AND peace and order,
CAPACITY TO ENTER INTO RELATIONS WITH OTHER regulation of property

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 and property rights, the Southern Confederacy in revolt against the
administration of Union during the war of secession in the
justice, etc United States.
Note: the distinction between constituent and iii. That which is established and maintained
ministrant functions is not relevant in our jurisdiction. by military forces who invade and occupy a
In PVTA v. CIR, it reiterated the ruling in ACCFA v. territory of the enemy in the course of
Federation of Labor Unions" that such distinction has war, and which is denominated as a
been blurred because of the repudiation of the laissez government of paramount force, such as
faire policy in the Constitution. the cases of Castine in Maine, which was
reduced to a British possession in the war
Doctrine of Parens Patriae - act for the State as of 1812, and of Tampico, Mexico, occupied
parens patriae, or guardian of the rights of the during the war with Mexico by the troops
people. of the United States.
d. Sovereignty – supreme power to command and
Types of Government: enforce obedience to all persons and control
a. De Jure (government of law) – has rightful title but properties within its jurisdiction which includes
no power or control, either because this has been freedom from external intervention.
withdrawn from it or because it has not yet actually
entered into the exercise thereof. Legal sovereignty – Political sovereignty – the
b. De Facto (government of fact) - a government the authority which power behind the legal
which actually exercises power or control but without has the power to sovereign, or the sum of the
legal title. It is in actual possession of authority and issue final commands influences that operate
control of the state. upon it.
3 Kinds of De Facto Government:
i. The government that gets possession and Internal sovereignty External sovereignty - which
control of, or usurps, by force or by the refers to the power of is the power of the State to
voice of the majority, the rightful legal the State to control direct its relations with
government and maintains itself against its domestic affairs. other States, is also known
as independence.
the will of the latter, such as the
government of England under the
2. DISTINCTION BETWEEN INTERNAL AND EXTERNAL
Commonwealth, first by Parliament and
SELF-DETERMINATION
later by Cromwell as Protector.
ii. That established as an independent
Right to self-determination - the right of States to
government by the inhabitants of a country
"freely determine their political status and freely pursue
who rise in insurrection against the parent
their economic, social, and cultural development."
state, such as the government of the

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 Internal self-determination – AUTONOMY. Refers to "a
people's pursuit of its political, economic, social and
cultural development within the framework of an existing
state.
External self-determination – INDEPENDCE. Provides for
"the establishment of a sovereign and independent State,
the free association or integration with an independent
State or the emergence into any other political status
freely determined by a people.
FUNDAMENTAL POWERS OF THE STATE
- inherent and do not need to expressly conferred by
constitutional provision on the State.
1. POLICE POWER
 power of the State to regulate liberty and property
for the promotion of the general welfare.
Basis:
 Public necessity and the right of the State and of the
public to self-protection and self-preservation.
 Salus populi est suprema lex – the welfare of the
people is the supreme law
 Sec utere tuo ut alienum no laedas – act in such a
manner as not to injure another’s right.
Coverage:
1. General Welfare – refers to the collective and total
security, protection, and aspiration of the people in a
democratic society.
2. Promotion of Public Morals – laws enacted as a result
of growing out of collective sense of right and wrong
in the community.
3. Public Health – laws are passed to secure health
benefits for the people.
4. Public Safety and Order – punishment for criminal
offenders
Characteristics:
- most pervasive, the least limitable, and the most
demanding.
 may not be bargained away through the medium of a
contract or even a treaty. The impairment clause
must yield to the police power whenever the contract
deals with a subject affecting the public welfare.
Exercise of the Police Power:
GR: It is the Legislature that exercises power. It may not be
compelled to do so by judicial process.
XPN: Congress can validly delegate police power to the
President and administrative boards as well as the lawmaking
bodies on all municipal levels, including the barangay by
virtue of a valid delegation of legislative power.
- municipal governments exercise this power under the
general welfare clause.
Q: Can you compel the Congress to exercise Police Power?
A: No, Congress cannot be compelled because it is purely
discretionary to the Congress whether they will exercise it or
not. No mandamus is available to coerce the exercise of the
police power because of the Doctrine of Separation of
Powers. The only remedy against legislative inaction is a
resort to the bar of public opinion.
Requisites:
(1) Lawful subject - subject of the measure is within the
scope of the police power. As long as the object is the public
welfare and the subject of regulation may be properly
related thereto, there is compliance with the first test
requiring the primacy of the welfare of the many over the
interests of the few.
(2) Lawful means - In Constitutional Law, the end does not
justify the means. The lawful objective, in other words, must
be pursued through a lawful method.
 The means employed for the accomplishment of the
police objective must pass the test of reasonableness
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 and, specifically, conform to the safeguards embodied (4) Certain public corporations, like the Land
in the Bill of Rights for the protection of private Authority and the National Housing Authority.
rights. Failing this, the law will be annulled for (5) Quasi-public corporations like the Philippine
violation of the second requirement. National Railways, the Philippine Long Distance
Telephone Co. and the Meralco.
Constitutional Limitations: Process:
a. Due Process Clause 1. File a complaint for expropriation sufficient in form
b. Equal Protection Clause and substance in the proper court
2. Deposit with the said court at least 15% of the
2. EMINENT DOMAIN property’s FMV based on its current tax declaration.
 enables the State to forcibly acquire private property,
upon payment of just compensation, for some Destruction of Property by Necessity
intended public use. Eminent Domain Destruction from Necessity
 Also called power of expropriation – the highest and Exercised by the State in its May be exercised by private
most exact idea of property remaining in the sovereign capacity individuals, as it is
government that may be acquired for some public essentially private.
purpose through a method in the nature of a There must always be No compensation is paid.
compulsory sale to the State. payment of just
Limitation: compensation.
 Just compensation. For public purpose To ensure public safety
 The provision should therefore be strictly interpreted Requisites:
against the expropriator and liberally in favor of the 1. Genuine Necessity – must be of public character
property owner 2. Expropriation of private property
Exercise of the Eminent Domain: 3. Taking in its constitutional or legal sense
 lodged primarily in the national legislature, but its Constitutional Sense Legal Sense
exercise may be validly delegated to other a. when the owner is may include trespass
actually deprived or without actual eviction
governmental entities and, in fact, even to private
disposed of his property of the owner, material
corporations, like the so-called quasi-public
b. when there is a impairment of the value
corporations serving essential public needs or practical destruction or a of the property or
operating public utilities. material impairment of prevention of the
 Under existing laws, the following may exercise the the value of his ordinary uses for which
power of expropriation: property. the property was
(1) The Congress. c. when he is deprived of intended.
(2) The President of the Philippines. the ordinary use of his
(3) The various local legislative bodies. property.
d. when he is deprived of

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 the jurisdiction,
supervision and control
of his property.
In Republic v. Castellvi, the requisites of taking in
eminent domain are as follows:
(1) The expropriator must enter a private property.
(2) The entry must be for more than a momentary
period.
(3) The entry must be under warrant or color of legal
authority.
(4) The property must be devoted to public use or
otherwise informally appropriated or injuriously
affected.
(5) The utilization of the property for public use must
be in such a way as to oust the owner and deprive him
of beneficial enjoyment of the property.
4. Taking for public use – the traditional view is that,
public use is directly available to the general public
as a matter of right and not merely of forbearance or
accommodation. However, it has been broadened to
cover uses which, while not directly available to the
public, redound to their indirect advantage or
benefit.
5. Payment of just compensation or FMV - a full and
fair equivalent of the property taken from the private
owner by the expropriator. This is intended to
indemnify the owner fully for the loss he has
sustained as a result of the expropriation.
- To ascertain just compensation, the court should
determine first the actual or basic value of the
property.
- If CD > CB
JC = Actual Value + (Consequential Damages –
Consequential Benefits)
- If CD < CB
JC = Actual Value
- Basic or Market Value of the Property – price that
may be agreed upon by parties willing but not
compelled to enter into a contract of sale.
- Just Compensation – the property’s FMV at the
time of the filing of the complaint or that sum of
money which a person desirous but not compelled
to buy, and an owner willing but not compelled
to sell, would agree on as price to be given and
received therefor.
- Factors to be considered in arriving at the FMV:
a. Cost of Acquisition
b. Current Value of like properties at the time
of its taking
c. Actual or potential uses
d. Lands: size, shape, location, tax
declaration
- Consequential damages – consist of injuries
directly caused on the residue of the private
property taken by reason of the expropriation.
- Consequential benefits – direct and particular and
not merely shared with the rest of the properties
in the area.
- In Republic vs. BPI: Consequential damages are
awarded as a result of the expropriation, the
remaining property of the owner suffers from an
impairment or decrease in value.
- Time of Taking – time when the land owner was
deprived of the use and benefit of his property.
Q: When determined?
A: At the time of the taking or the filing of proceedings,
whichever comes first.
Q: Is this absolute?
A: No. Case: NPC vs. Macabangkit
- To be just, the compensation must not only be
the correct amount to be paid; it must also be
paid within a reasonable time from the time the
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 land is taken from the owner. If not, the State
must pay the landowner interest, by way of
damages. Interest must be claimed, if not it is
deemed waived.
- After 5 years of no payment: the private owner
may ask recovery. Or the owner can sell the land
if pending, new owner will be the respondent of
the pending case.
- The owner is entitled to payment of interest from
the time of the taking until just compensation is
actually paid to him.
6. Observance of due process of law.
3. TAXATION
 The power to demand from the members of society
their proportionate share or contribution in the
maintenance of the government.
 Taxes
– Enforced proportional contributions from
persons and property, levied by the State by
virtue of its sovereignty, for the support of
government and for all public needs.
– Nation’s lifeblood through which the
government agencies continue to operate and
with which the State discharges its functions
for the welfare of its constituents.
 Importance of taxation derives from the unavoidable
obligation of the government to protect the people
and extend to them benefits in the form of public
projects and services.
 Obligation to pay is not based on contract but it is a
duty imposed upon the individual by the mere fact of
his membership in the body politic and his enjoyment
of the benefits available from such membership.
Purpose:
To generate revenue because the state cannot exist if it
doesn’t have taxes to pay the machinery.
Basis:
Lifeblood Doctrine – taxes are the lifeblood of the nation
through which the government agencies continue to operate
and with which the state effects its functions for the welfare
of its constituents. The state cannot endurably exist without
taxes. They are what we pay for a civilized society. Without
taxes, the government would be paralyzed for lack of motive
power to activate and operate it.
Taxes Licenses
Levied to raise revenues Imposed for regulatory
purposes only
Power of taxation Justified under police power
Applies to all exactions of Limited only to the cost of
monies which become regulation
public funds.
Scope:
- reaches even citizens abroad, and his income earned from
sources outside his State.
- all income earned in the taxing State, whether by citizens
or aliens, and all immovable and tangible personal properties
found in its territory, as well as tangible personal property
owned by persons domiciled therein.
Exercise of the Power of Taxation:
- Primarily vested in the national legislature
- Local Legislative bodies - pursuant to a direct authority
conferred by Article "X," Section 5, of the Constitution, which
provides that "each local government unit shall have the
power to create its own sources of revenue and to levy taxes,
fees and charges, subject to such guidelines and limitations
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as the Congress may provide, consistent with the basic policy
of local autonomy." A) CONSTITUTIONAL EXEMPTION PRINCIPLES

Taxation as including the Taxation as not including 1. Article 6, Section 28 (3):

power to destroy the power to destroy (3) Charitable institutions, churches and parsonages or
Allowed if it is used validly Used solely for the purpose convents appurtenant thereto, mosques, non-profit
as in implement of the of raising revenues, it cemeteries, and all lands, buildings, and improvements,
police power in discouraging cannot be allowed to actually, directly, and exclusively used for religious,
and in effect ultimately destroy. charitable, or educational purposes shall be exempt
prohibiting certain things or from taxation.
enterprises inimical to the - Why granted to them? Bc they give considerable
public welfare. assistance to the State. Intended to make it easier for
these institutions to pursue these laudable objectives
Due Process and Taxation without the impediment of taxes that they otherwise
GR: taxes will not be allowed if they are confiscatory would have to shoulder.
XPN: where they are intended precisely for destruction as an
instrument of the police power Exemption of Religious, Charitable, and Educational
Institutions from Real Property Taxes (ART. 6, SEC.
Equal Protection and Taxation 28[3]) Only real property taxes but not for all kinds of
GR: taxes shall be uniform and equitable taxes.
2. Exemption of Non-Stock, Non-Profit Educational
Uniformity – persons or things belonging to the same class Institutions from Income Taxes (Art. 14, Sec. 4[3])
shall be taxed at the same rate. 3. Exemption of Grants, Endowments, Donations, or
Equality - tax shall be strictly proportional to the relative Contributions to Educational Institutions from Donor’s
value of the property. and Estate Tax (Art. 14, Sec. 4[4])
Equitable - taxes should be apportioned among the people
according to their capacity to pay.
Q: Can tax exemption be revoked?
Double Taxation - when additional taxes are laid on the same A: If granted gratuitously, it may be validly revoked at will,
subject by the same taxing jurisdiction during the same with or without cause. If for valuable consideration, no.
taxing period and for the same purpose.
- Taxing the same person twice by the same jurisdiction for
POLICE POWER EMINENT DOMAIN TAXATION
the same thing.
They are inherent in the State and may be exercised by it
without need of express constitutional grant.
Public Purpose They are not only necessary but indispensable. The State
- Necessary to show that the proceeds are devoted to a cannot continue or be effective unless it is able to exercise
public purpose.
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them. the general
They are methods by which the State interferes with welfare.
private rights.  As ours is a government of limited powers, even these
They all presuppose an equivalent compensation for the prerogatives may not be exercised arbitrarily, to the
private rights interfered with. prejudice of the Bill of Rights.
They are exercised primarily by the legislature.  The exercise of these fundamental powers is subject at
Interfering with Affects not all of While imposed on all times to the limitations and requirements of the
private rights. the people most of the Constitution and may in proper cases be annulled by
directly but only people directly, the courts of justice.
those whose demands only
property is part of their
Requisites:
needed for money as their
conversion to contribution to POLICE POWER EMINENT DOMAIN TAXATION
public use the upkeep of 1. Lawful subject 1. Necessity 1. Public purpose
government 2. Lawful Means 2. Private 2. Uniformity
Regulates both Affect only property rights property 3. Either the
liberty and 3. Taking person or
property. 4. Public Use property taxed
May be exercised May be exercised May be exercised 5. Just shall be within
only by the by some private only by the Compensation the jurisdiction of
government. entities government. 6. Due process of taxing authority
law 4. That in
The property The property taken under the power
assessment and
taken in the of eminent domain and the power of
collection of
exercise of the taxation is intended for a public use or
certain taxes,
police power is purpose and is therefore wholesome.
certain
destroyed
guarantees
because it is
against injuries to
obnoxious or
individuals,
intended for a
especially by way
noxious purpose.
of notice and
The compensation The compensation involved in the opportunity for
of the person other powers is more concrete, to wit, hearing shall be
subjected to the a full and fair equivalent of the provided.
police power is property expropriated or protection
the intangible and public improvements for the taxes
altruistic feeling paid. RELEVANCE OF THE DECLARATION OF PRINCIPLES AND
that he has STATE POLICIES
contributed to

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This Article is only a guide to the formulation of policy by
Congress as a general rule. The provisions are not self-
executing; they do not give rise to enforceable rights, unless
there is legislation to make them enforceable.
Principles – self- executing, binding rules
State Policies – non-self-executing, mere guidelines
XPN: Section 12, 13, 16, 17.
SECTION 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and
all government authority emanates from them.
SECTION 2. 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 - adopts the generally accepted
principles of international law as part of the law of the
land. Incorporated already as laws of the land. Even in the
absence of convention, treaty, it already forms part of the
laws of the land.
Doctrine of Transformation – treaty and conventions need to
transform international law to domestic law. Need to be
ratified through the President and concurred in by at least
2/3 vote of all the Members of the Senate to be valid in the
Philippines. (16 votes)
GR: The President does not need the concurrence of the
Senate to withdraw from a treaty. The President can
withdraw unilaterally from a treaty. (Architect of Foreign
Relations)
XPN:
1. When the Senate conditionally concurred to the treaty
and said that concurrence of the Senate is needed in
the withdrawal.
2. If the withdrawal itself will be contrary to a statute, or
to a legislative authority to negotiate and enter into a
treaty, or an existing law which implements a treaty.
(Pangilinan vs Cayetano)
Soft law – non-binding norms, principles and behavior
Hard law – binding international law
Declaration of War Declaration of State of War
State is the aggressor State is invaded by a foreign
country.
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.
Civilian Supremacy - That civilian authority is at all times
supreme over the military is implicit in a republican system.
The President, who is a civilian official, shall be the
commander-in-chief of all the armed forces of the
Philippines. Civilian officials are superior to military official
only when a law makes them so.
SECTION 4. 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
fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal military
or civil service.
Government as protector of the people, and people as
defenders of the State.
SECTION 5. The maintenance of peace and order, the
protection of life, liberty, and property, and the
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 promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of
democracy.
SECTION 6. The separation of Church and State shall be
inviolable.
Prohibits: establishment of relation
If purely religious – violation of the Constitution
If with secular purpose – no violation
State Policies
SECTION 7. The State shall pursue an independent
foreign policy. In its relations with other states the
paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to
self-determination.
SECTION 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
SECTION 10. The State shall promote social justice in all
phases of national development.
Social justice simply means the equalization of economic,
political, and social opportunities with special emphasis on
the duty of the state to tilt the balance of social forces by
favoring the disadvantaged in life.
Social Justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of the laws and
the equalization of the social and economic forces by the
State so that justice in its rational and objectively secular
conception may at least be approximated. (Calalang v.
Williams)
SECTION 11. The State values the dignity of every
human person and guarantees full respect for human
rights.
SECTION 12. The State recognizes the sanctity of 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 parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive
the support of the Government.
Right to life of the unborn
SECTION 13. 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 inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
SECTION 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental
equality before the law of women and men.
SECTION 15. The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
SECTION 16. The State shall protect and advance the
right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature.
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SECTION 17. The State shall give priority to education,
science and technology, arts, culture, and sports to
foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and
development.
Right to Quality Education
SECTION 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers
and promote their welfare.
SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
SECTION 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
E. DYNAMICS AMONG THE BRANCHES OF GOVERNMENT
SECTION 20. The State recognizes the indispensable role
of the private sector, encourages private enterprise,
and provides incentives to needed investments.
SECTION 21. The State shall promote comprehensive
rural development and agrarian reform.
SECTION 22. The State recognizes and promotes the
rights of indigenous cultural communities within the
framework of national unity and development.
Right of Indigenous Cultural Communities
SECTION 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
SECTION 24. The State recognizes the vital role of
communication and information in nation-building.
SECTION 25. The State shall ensure the autonomy of
local governments.
SECTION 26. The State shall guarantee equal access to
opportunities for public service, and prohibit political
dynasties as may be defined by law.
SECTION 27. The State shall maintain honesty and
integrity in the public service and take positive and
effective measures against graft and corruption.
SECTION 28. Subject to reasonable conditions prescribed
by law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public
interest.
1. SEPARATION OF POWERS
- Constitutional demarcation of the 3 fundamental
branches of the government. The legislative can
only legislate, executive department can only do
executive functions, and the judiciary can only do
judiciary functions.
- Purpose: To prevent 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 republican institutions. “To secure
action, to forestall over action, to prevent
despotism and to obtain efficiency.”
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 - Principle of Blending of Powers – a recognition
that there are instances ours of government are
not confined exclusively in one branch of
government, but rather it is assigned to or shared
by several departments. Instances when powers
are not confined exclusively within one
department but are assigned to or shared by
several departments, e.g., enactment of general
appropriations law. (Helps each other)
1. SYSTEM OF CHECKS AND BALANCES
- A mechanism by which one department is allowed to
resist the encroachment of one department or rectify
its mistakes.
- This allows one department to resist encroachments
upon its prerogatives or to rectify mistakes or
excesses committed by the other departments, e.g.,
veto power of the President as check on improvident
legislation, etc.
- Example:
1. President to Legislative - Veto Power
Note: Constitution does not allow the
President a pocket veto.
Pocket Veto – President simply sits on the bill
and refuses to act upon it.
Item Veto – Article 6, Section 27 par. 2.
President to Judiciary - Pardon
2. Legislative to President: Article 7 Section 18:
Congress may revoke the proclamation or
suspension of Martial law, which revocation
shall not be set aside by the President.
Legislative to Judiciary – they give jurisdictions
of the Courts
3. Judiciary to President – Judicial Power
Judiciary to Legislative – declare laws
unconstitutional
Judicial Power
 Sec. 1, Art. VIII, “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”.
 When the court mediates to allocate constitutional
boundaries or invalidates the acts of a coordinate
body, what it upholds is not its own superiority but
the supremacy of the Constitution
Political Question
 Is the act good for the people?
 Question of policy. Concerned with issues dependent
upon the wisdom, not legality, of a particular
measure.
 Who will answer? Political Department – Legislative or
Executive
Note: Article 8, Section 1(2) Court can take up political
questions when there is grave abuse of discretion.
Justiciable Question
 Is it in accordance with the law? Context of
controversy refers to the legality or validity of a law
or the contest acted.
 Who will answer? SC.
 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
2. DELEGATION OF POWERS
GR: Cannot delegate. Especially the power to
legislate.
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XPN: Constitutional provision that allows it if national economy lest delay
delegations passed the two-fold test. (Is the law result in hardship to the people.
compete? Does it proved for a sufficient standard?)  Emergency Powers
- Rule: “Potestas delegata non potest delegare”  Conditions:
– what has been delegated cannot be a. There must be war or other
delegated. Based on the ethical principle that national emergency
delegated power constitutes not only a right b. The delegation must be for a
but a duty to be performed by the delegate limited period only
through the instrumentality of his own c. The delegation must be subject
judgment and not through the intervening to such restrictions as the
mind of another. Congress may prescribe
- Reason: increasing complexity of the task of d. The emergency powers must be
government and the growing inability of the exercised to carry out a national
legislative to cope directly with the many policy declared by the Congress.
problems demanding its attention.  Other national emergency –
- Criteria: rebellion, economic crisis,
a. Has the power been conferred? pestilence or epidemic,
b. Assuming he has power, is the exercise typhoon, flood, or other similar
of power in accordance with the catastrophe of nation-wide
Constitution? proportions or effect.
- How to determine?  People at Large
 Expressly vested by the Constitution  Referendum – method of
 Doctrine of Implication submitting an important
 Doctrine of Necessary legislative measure to a direct
Implication - grant of an express vote of the whole people.
power carries with it all other  Plebiscite – obtain a direct
powers that may be reasonably popular vote on a matter of
inferred from it. political importance.
- Ex: Permissible Delegations  Local government units
 Tariff Powers (Delegation of the power  Matter purely local concern and
to fix tariff rates, import and export are therefore in a better
quotas, tonnage and wharfage dues, position to enact the necessary
and other duties or imposts to the and appropriate legislation
President) thereon.
 Reason: To act immediately on  Administrative Bodies
certain matters affecting the
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- What is delegated is not the law-making power
but rather the rule-making power or law of
execution.
- Quasi-legislative power is the authority
delegated by the law-making body to the
administrative body to adopt rules and
regulations intended to carry out the
provisions of a law and implement legislative
policy.
- Legislative power involves the discretion to
determine what the law shall be. Quasi-
legislative power only involves the discretion
to determine how the law shall be enforced.
The former cannot be delegated. The latter
can be delegated.
- Administrative agencies may be given the
1. Power of Subordinate or Supplemental
Legislation — Filling up the details” of an
already complete statute for its enforcement
2. Power of Contingent Legislation — ascertain
the facts necessary to bring a “contingent”
law into actual operation
- Test for valid delegation:
c. Completeness Test - The law must be
complete in all its essential terms and
conditions when it leaves the legislature so
that there will be nothing left for the delegate
to do when it reaches him except to enforce
it.
d. Sufficient Standard Test – The law must not be
vague. There has to be specific standards that
would guide the agency implementing the
same. The law provides adequate guidelines or
limitations to map out the boundaries of the
delegate’s authority. The delegate must
conform in the performance of his functions.
- Purpose: these requirements are to ensure that the
power delegated by the legislature to administrative
agencies is not law-making power. If they are
satisfied, the regulations passed by an administrative
body pursuant to the delegation made by the statute
are just as binding as if the regulation had been
written in the original statute itself. If, however,
these requirements are not satisfied, the regulation
will not be allowed to affect private rights.
STATE IMMUNITY
Article 16, Section 3: The State may not be sued without
its consent.
How consent is given?
1. Express – must come in the form of law. Can only be given
up by Congress, not in any manner.
2. Implied – by reason of jurisprudence. Only on money
claims arising from contracts.
a. When the government initiates action for affirmative
relief.
b. Entering into a business contract – state is considered
to have descended to the level of an ordinary party to
a business contract.
c. If it is inequitable for the government to claim
immunity.
d. When it accepts conditional donations
e. When it takes over private property without
compensation
f. IN case of implied contracts
g. Gross negligence
Q: When do you say that the suit is against the state?
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A: The TEST rule
Will the enforcement thereof require an affirmative act
from the State, such as the appropriation of the needed
amount to satisfy the judgment? If so, then it is a suit
against the State
- If you are going to require the State to pay and
appropriate funds for it, then it is a suit against the
State. Why? No public money should be taken up or
treasury without appropriation. (See General
Appropriation Act)
Q: Why is it relevant to determine?
A: You cannot just require the government of a particular
agency to pay otherwise that would be malversation. You’re
going to use a fund which is not intended for the purpose it
was not pass into law.
Q: What is the rule on suit vs government agencies?
A: It depends. If it is incorporated or corporated.
Incorporated: If the charter provides that the agency can sue
and be sued, then suit will lie, including one for tort.
The provision in the charter constitutes express consent on
the part of the State to be sued. You do not need to
determine if it is governmental or proprietary because its
charter provides that it can be sued.
Unincorporated: no separate juridical personality as they are
merged in the general machinery of the government. A suit
against it is necessarily against the State. Suability depends
on the nature of the function is it performing either
government or proprietary. Inquire into principal functions of
the agency: If governmental: NO suit without consent
Case:
In US vs Ruiz, it was held that the contract for the repair of
wharves was a contract in jus imperii, because the wharves
were to be used in national defense, a governmental
function.
After the state gave its consent to be sued and the latter is
held liable to pay, how shall the award be satisfied?
- Distinguish between those whose charter allow it to
sue and be sued.
- Unincorporated: such execution will require another
waiver, because the power of the court ends when
the judgment is rendered, since government funds
and properties may not be seized under writs of
execution or garnishment, unless such disbursement is
covered by the corresponding appropriate as required
by law.
- Incorporated: funds belonging to government
corporations (whose charters provide that they can
sue and be sued) that are deposited with a bank are
not exempt from garnishment.
- What is the remedy if it cannot be garnished?
o COA must adjudicate claim before execution
should proceed.
o Trial judges should not immediately issue writs
of execution or garnishment against the
Government or any of its subdivisions,
agencies and instrumentalities to enforce
money judgments. They should bear in mind
that the primary jurisdiction to examine, audit
and settle all claims of any sort due from the
Government or any of its subdivisions,
agencies and instrumentalities pertains to the
Commission on Audit (COA) pursuant to
Presidential Decree No. 1445 (Government
Auditing Code of the Philippines). [UP vs Dizon
G.R. No. 171182]
- What about LGU, is there an automatic garnishment
of its funds to satisfy the award against it?
o No. (Needs ordinance)
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 o In Municipality of San Miguel, Bulacan vs
Fernandez, 130 SCRA 56, it was held that funds
of a municipality (although it is an
incorporated agency whose charter provides
that it can sue and be sued) are public in
character and may not be garnished unless
there is a corresponding appropriation
ordinance duly passed by the Sangguniang
Bayan.
o Ordinance is permanent in character, it’s a
law. While Resolution is mere expression of
opinion or sentiment of legislative body which
is the Sangguniang Bayan.
Q: What is the remedy if the LGU refuses to enact an
ordinance for that matter?
A: In Municipality of Makati vs CA, 190 SCRA 206, Where a
municipality fails or refuses, without justifiable reason, to
effect payment of a final money judgment rendered against
it, the claimant may avail of the remedy of mandamus in
order to compel the enactment and approval of the
necessary appropriation ordinance, and the corresponding
disbursement of municipal funds to satisfy the money
judgment.
- if despite mandamus the LGU will still not issue an
ordinance, you can file 1. Contempt 2. Dereliction of
duty.
1. BASIS
1. There can be no legal right as against the authority
which granted the rights
2. If the State is not immune, there is that thought that
the propensity of people for filling cases will the
government or the State in countering the suits.
Suability vs Liability
- Suability – will be determined in the presence or
absence of consent. Consent, may be express – by
reason of law, or implied. However, no execution will
lie against the government.
- Liability – determined after hearing on the basis of
relevant laws and established facts.
- Money judgment shall have to be submitted to the
proper government office, before the Auditor General
– now with the COA, to determine whether there is an
excess of fund for the payment of money judgment. If
there is one, then there has to be an appropriation to
be made by the Congress.
1. Incorporated (GOCC w/ or w/o special character)
- has a character of its own that invest it with a
separate jurdicial personality. (SSS, UP, PNB, City of
Davao)
- Why? Money is not from the public treasury.
- Test of suability: found in its charter; suable if its
character says so, regardless of the function it is
performing.
2. Unincorporated (not a GOCC)
- No separate juridical personality but is merged in
the general machinery of the government (DOJ, Gov’t
printing services)
- no charter to consult; any suit filed against it is
necessary action against the Phil gov’t
- determine the nature of the functions: suable if
proprietary; not suable if governmental
- if the proprietary and non-government function is
taken as an incident to its governmental function,
immunity is not lost.
THE NATIONAL TERRITORY
ARTICLE I: National Territory
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over which
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 the Philippines has sovereignty or jurisdiction, production of energy from the water,
consisting of its terrestrial, fluvial, and aerial domains, currents and winds;
including its territorial sea, the seabed, the subsoil, the c) Exclusive rights and jurisdiction with
insular shelves, and other submarine areas. The waters respect to the establishment and
around, between, and connecting the islands of the utilization of artificial. islands, off-shore
archipelago, regardless of their breadth and dimensions, terminals, installations and structures;
form part of the internal waters of the Philippines. Preservation of the marine environment,
Purpose: Our sovereignty only applies to our territory. including the prevention and control of
pollution and scientific research.
2 groups: d) Such other rights asare recognized by
1. The Philippine Archipelago international law.
2. All the other territories in which the Philippines - Other states are prohibited from using the zone
has sovereignty or jurisdiction
to:
Q: What is the extent of the territorial sea?
1. Explore or exploit any resources;
A: The 200-mile EEZ, the territorial sea, are all measured
2. Carry out any search, excavation or
from the baselines. All the others between and connecting
drilling operations;
the islands, regardless of breadth and dimension, are internal
3. Conduct any research;
waters, still part of the archipelago. 12 miles from those
4. Construct or operate any artificial island,
baselines will be the territorial sea. And up to 200 nautical
off-shore terminal, installation, or other
miles from the same is the EEZ. Outside of the first 12 miles,
structure;
the EEZ, that is not part of our territory. EEZ: that suggest
5. Perform any activity which is contrary to,
exclusivity in economics. Any act performed or to be
or in derogation of the sovereign rights
committed by any country or state is allowable unless it
and jurisdiction herein provided.
involves a question of economics.
- Other states are allowed to use the zone for:
1. Navigation and overflight;
1. SCOPE (TERRESTRIAL, AERIAL, AND FLUVIAL
2. Laying of submarine cables and pipelines;
DOMAINS)
3. Other lawful uses related to navigation
- 200 Mile Exclusive Economic Zone
and communication.
- Purpose:
- In case of overlapping of EEZs, the common
a) Sovereign rights to explore, exploit,
boundaries are to be determined by:
conserve, and manage the natural
1. Agreement; and
resources, living or nonliving, renewable or
2. International rules on delimitation. (taken
non-renewable, of the seabed, subsoil, and
from Mirasol)
superjacent waters;
2. ARCHIPELAGIC DOCTRINE
b) Economic exploitation and exploration of
a) “The waters around, between, and connecting
the resources of the zone such as the
the islands of the archipelago, regardless of
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 their breadth and dimension, form part of the Senate House of
internal waters of the Philippines.” (Art. VI, Sec 2-4) Representatives
b) Principle that it is an integrated unit; (Art. VI, Sec 5-8)
everything within it comprises the archipelago. Composition
c) Straight Baseline Method - consists of drawing 24 senators elected at Not more than 250
straight lines connecting appropriate points on large members, unless
the coast without departing to any appreciable otherwise provided by
extent from the general direction of the coast, law, consisting of:
in order to delineate the internal waters from (3) District
Representatives
the territorial waters of an archipelago
(4) Party-List
d) Archipelago – body of water studded with
Representatives
island, or the islands surrounded with water, is
Qualifications
viewed as a unity of islands and waters
1. Natural-born citizen 1. Natural-born
together forming one unit. 2. At least 35 years old citizens
e) Purpose: to protect the territorial interests of on the day of the 2. At least 25 years
an archipelago. According to the doctrine, election old on the day of
even these bodies of water within the 3. Able to read and the election
baseline, regardless of breadth, form part of write 3. Able to read and
the archipelago and are thus considered as 4. A registered voter write
internal waters. 5. Resident of the 4. Registered voter in
Philippines for at the district he
THE LEGISLATIVE DEPARTMENT least 2 years seeks to represent
immediately 5. A resident of the
preceding the day of said district for at
Sec 1. Art VI. “The legislative power shall be vested in the
the election least 1 year
Congress of the Philippines which shall consist of a Senate
immediately
and a House of Representatives, except to the extent preceding the day
reserved to the people by the provision on initiative and of the election
referendum.” Term of Office
Legislative Power - is the authority to make laws and to 6 years 3 years
alter and repeal them; legislative power is vested in the Term Limits
Congress, which consists of a Senate and a House of 2 consecutive terms 3 consecutive terms
Representatives
Resident – the term residence must be understood as
Houses of Congress ‘domicile’ or legal residence; the place where a party
Composition, Qualifications, Term of Office actually or constructively has his permanent home, where

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he, no matter where he may be found at any time given,
eventually intends to return and remain
The District Representatives
Each city with at least two hundred fifty thousand, and every
province, shall have at least one representative.
The Party-list Representatives
The party-list representatives shall constitute 20% of the
total membership of the body, including such
representatives. Those getting at least 2% of the total votes
cast for the system is entitled to one seat. None of them
shall have more than three seats.
Election
Every 3years thereafter, all the members of the House of
Representatives and one-half of the Senate were up for
election of re-election if still allowed.
Salaries
No increase in said compensation shall take effect until after
the expiration of the full term of all the members of the
Congress.
Parliamentary Immunities
Sec 11. Art VI. “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 held liable in any other place for any speech or debate
in the Congress or in any committee thereof.”
a. Privilege from Arrest - immunity applies only
while the congress is in session
b. Privilege of Speech and Debate - remarks must
be made while the legislature or the legislative
committee is functioning and they must be made
in connection with the discharge of official duties
Incompatible Offices
 A position which a member cannot accept unless he
waives or forfeits his seat in Congress. State
differently, if he waives his eat in Congress then he
could take that other position. The reason for this
disqualification is to prevent them from owing loyalty
to another branch to the detriment of their
independence or doctrine of separation.
 The prohibition is against the holding of an
incompatible office is not absolute; what is not
allowed is the simultaneous holding of that office and
the seat in the Congress.
 Not every office or employment is to be regarded as
incompatible with the legislative position.
Forbidden Office
 Position in which a Member cannot be appointed
to, even if he is willing to give up his seat in
Congress. Reason: that office is created during his
term, or the emoluments thereof have been
increased during his term.
 Based on the avoidance of trafficking of the
office. Ex. During your term, you will enact a law
creating an office or law increasing the benefits of
that office, and you are appointed there.
Lame duck ban
An official who ran for an elective office and lost cannot or is
prohibited from holding an appointive office for one year.
Sessions
Mandatory recess for the thirty-day period before the
opening of the next regular session, excluding Saturdays and
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Sundays and legal holidays. Special session happens when the  Canvass of presidential elections
congress is in recess.  Declaration of state of war
 Concurrence to treatise and amnesties
Officers  Constitutional amendments
Senate President and Speaker of the House  Impeachment

Quorum
Any number sufficient to transact business, which may be
Procedure in the Approval of Bills
less than the majority of the membership. Our Constitution
requires that the quorum be a majority of each House. First Reading
 reading of the number and title of the
Enrolled bill measure
One which has been duly introduced, finally passed by both  referral to the proper committee for study
houses, signed by the proper officers of each, approved by Second Reading
the president and filed by the secretary of the state.  reading of the number and title of the
  measure
Electoral Tribunals  referral to the proper committee for study
Proclamation, oath taken, assumption of office. Assumes Third Reading
jurisdiction and is the sole judge of all contests relating to  registration of votes and explain them if they
the election, return, and qualifications of their respective are allowed by the rules.
members.
Once the bill passes the third reading, it is sent to the
other chamber, where it will also undergo the three
readings.

POWERS OF THE CONGRESS Conference Committee – drafts a compromise if

Legislative [ATE-M-FEAR-A] there be differences between the versions approved
 Appropriation by the two chambers
 Taxation
Origin of Bills
 Expropriation
Must exclusively originate in the House of Representatives:
 Authority to make, frame, enact, amend, and
 Appropriation Bill – the primary and specific purpose
repeal laws [M-FEAR]
of which, is to authorize the release of funds from the
 Ancillary powers public treasury
Non-legislative [C-D-C-C-I]  Revenue/Tariff Bill – revenue bill is one that levies
taxes and raises funds for the government; tariff bill
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 specifies the rates or duties to be imposed on
imported articles
 Bills Authorizing Public Debt – illustrated by one
floating bonds for public subscription redeemable for
a certain period
 Bills of Local Application – one involving purely local
or municipal matters
 Private Bills – illustrated by a bill granting honorary
citizenship to a distinguished foreigner
Prohibited Measures
Certain measures that may not be passed by the Congress
such as:
 those impairing the doctrine of separation of powers
 providing for the appointment of an elective officers
 specific provisions under the Bill of Rights
 laws impairing the obligations of contracts
 laws granting a title of royalty or nobility
 laws increasing the appellate jurisdiction of the
Supreme Court as provided in the Constitution
without its advice and concurrence
Title of Bills
Sec 26(1). Art VI. “Every bill passed by the Congress shall
embrace only one title which shall be expressed in the title
thereof.”
Purposes:
 to prevent hodgepodge or log-rolling legislation
 to prevent surprise or fraud upon the legislature
 to fairly apprise the people
Approval of Bills
Methods by which a bill becomes a law:
1. when the President signs it
2. when the President vetoes but the veto is overridden
by two-thirds vote of all the members of each house
3. approval by inaction within thirty days after it shall
have been presented to the president
Congressional Oversight
 monitor bureaucratic compliance with the program
objectives
 determine whether agencies are properly
administered
 eliminate executive waste and dishonesty
 prevent executive usurpation of legislative authority
 assess executive conformity with the congressional
perception of public interest
Functions CO:
 Scrutiny
 Congressional Investigation
 Legislative Supervision
Legislative Veto – a statutory provision requiring the
president or administrative agency to present the proposed
implementing rules and regulations of a law to congress
which, by itself or through a committee formed by it, retains
a right or power to approve or disapprove such regulations
before they take effect
Legislative Inquiries - are granted not only to the Senate and
the House of Representatives but also to any of their
respective committees and is only in aid of legislative
function, not to determine the culpability of a person; it
must also be in accordance with the rules of procedure
already published in advanced and rights of persons before
congressional inquiry must also be respected
The Power of Appropriation
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Appropriation – authorizing the release of public funds from
the treasury
 appropriation must be devoted to a public purpose
 the sum authorized to be released must be
determinate or at least determinable
 appropriation bills should originate in the House of
Representative
 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
Classifications of Appropriation Measures:
 General Appropriations Law - passed annually
intended to provide for the financial operations of
the entire government during one fiscal period
 Special Appropriation - designed for a specific
purpose, such as the creation of a fund for the
relief of typhoon victims
N.B: Congress may reduce the budget but cannot increase.
Basis of the appropriation bill is the budget proposal
prepared by the President through DBM.
Power of Augmentation - no transfer of appropriations from
one department to another. However, the President, Senate
President, Speaker of the House and the Chief Justice of the
Supreme Court may, by law, be authorize to augment any
item in the GAL for their respective offices from savings in
other items of their respective appropriations
Appropriations for Sectarian Purposes - only where the
appropriation is purposely intended to benefit a religious
institution
Automatic Re-Apprpriation - old GAL is deemed
continued in operation notwithstanding the lapse of the fiscal
year for which it was originally intended until the Congress
enacts a new GAL
Special Funds - any tax levied for a special purpose shall be
treated as special fund. Once the purpose was already
fulfilled or abandoned, whatever of the special tax
collections may remain shall then be transferred to the
general funds of the government for general appropriation in
the discretion of the legislature.
The Power of Taxation
The power of taxation is inherent in the State and is
generally vested in the legislature.
Rule of Taxation:
a. Uniform – persons belonging to the same class
shall be taxed at the same rate
b. Equitable – tax burden must be imposed according
to the taxpayer’s capacity to pay
Tax Exemptions
 charitable institutions
 churches
 parsonages or convents
 mosques
 non-profit cemeteries
 all lands, buildings, improvements actually directly
and exclusively used for religious, charitable or
educational purposes
The Power of Concurrence
Concurrence of the congress is required on grant of amnesty
and to a treaty.
The War Powers
Acknowledgement of a state of war is the sole act of
Congress and may be effected only by two-thirds of both
houses in joint session assembled, voting separately.
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Referendum and Initiative
 Initiative – power of the people to propose bills and
laws and enact or reject them at polls, independent
of legislative assemblies
Three Systems of Initiative
1. Initiative on the Constitution – petition
proposing amendments to the Constitution
2. Initiative on Statutes – petition proposing to
enact a national legislature
3. Initiative on Local Legislation - petition
proposing to enact a regional, provincial, city
or municipal or barangay law, resolution, or
ordinance; exercised not more than once a
year
 Referendum – right reserved to the people to adopt
or reject any act or measures which has been passed
by a legislative body and which in most cases without
action on part of the electors become a law; can
either be on statues or on local laws.
THE EXECUTIVE DEPARTMENT
THE PRESIDENT
Qualifications (Art. VII, Sec. 2)
 Natural-born citizen of the Philippines;
 A registered voter;
 Able to read and write;
 At least 40 years of age on the day of the election;
and
 A resident of the Philippines for at least 10 years
immediately preceding such election.
Election
 Regular Election – Second Monday of May
 National Board of Canvassers (President and Vice-
President) – Congress
o Returns shall be transmitted to Congress,
directed to the Senate President
o Joint public session – not later than 30 days
after election date; returns to be opened in
the presence of the Senate and HOR in joint
session
The Supreme Court as Presidential Electoral Tribunal. The
Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns and qualifications
of the President or Vice-President, and may promulgate its
rules for the purpose.
Term of Office. 6 years, which shall begin at noon on the
30th day of June next following the day of the election and
shall end at noon of the same day 6 years thereafter.
N.B.: No person who has succeeded as President and has
served for more than 4 years shall be qualified for election to
the same office for any length of time. The PRESIDENT is not
eligible for re-election.
Presidential Immunity. The President as such cannot be
sued, enjoying as he does immunity from suit. But the
validity of his acts can be tested by an action against other
executive officials. The privilege may be invoked ONLY by
the President.
Presidential Privilege. The power of the government to
withhold information from the public, the courts, and the
Congress. It is "the right of the President and high-level
executive branch officers to withhold information from
Congress, the courts, and ultimately the public."
Vice-President
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Qualifications, election and term of office and removal are
same as the President, except that no Vice-President shall
serve for more than 2 successive terms. The Vice-President
may be appointed as member of the Cabinet; such requires
no confirmation by the Commission of Appointments.
I. POWERS OF THE PRESIDENT
Executive Power
The power to enforce, implement, and administer laws. The
president shall ensure that the laws be faithfully executed.
(Art. VII, Sec. 17)
One Executive: This power is exercised by the President.
(Art. VII, Sec. 1)
Presidential Powers (Summary)
1. Executive Power - Power to enforce and administer
laws;
2. Power of Control – (a) Nullify, modify judgments of
subordinates; (b) undo or redo actions of
subordinates; and lay down rules for the performance
of subordinates’ duties;
3. Power of Supervision - oversight function; see to it
that rules, which they did not make, are followed;
4. Power of Appointment - legislative can create office,
but only executive can fill it; Congress cannot
circumvent this by setting very narrow qualifications,
such that only one person is qualified to hold office
5. Power over Legislation
a. Veto Power
b. Power to Declare Emergency - declaration
only; exercise of power is vested in Congress,
but may be delegated to the President
c. Integrative Power - powers shared with
legislative (e.g. appointments requiring
confirmation, rule-making); legislation during
times of emergency
6. Commander-in-Chief Powers [Art. VII, Sec. 18]
a. Call Out Power - Armed Forces to suppress
lawless violence;
b. Suspension of Writ of Habeas Corpus - ONLY
(a) in times of rebellion or invasion AND (b)
when required by public safety (c) Martial Law
– N.B.: Does not suspend Constitution
7. Diplomatic Powers - including power to enter into
treaties
8. Residual Power - to protect the general welfare of
people; founded on duty of President as steward of
the people; includes powers unrelated to execution of
any provision of law
9. Other Powers
a. Power to Pardon - reprieve, commute,
pardon, remit fines and forfeitures after final
judgment [Art. VII, Sec. 19(1)]
b. Power to Grant Amnesty - with concurrence
of majority of all members of Congress
c. Borrowing Power - contract or guarantee
foreign loans with concurrence of Monetary
Board [Art. VII, Sec. 20]
d. Budgetary Power - submit to congress budget
of bills and expenditures [Art. VII, Sec. 22]
e. Informing Power – address Congress during
opening of session, or at any other time [Art.
VII, Sec. 23]
THE JUDICIAL DEPARTMENT
Judicial Power includes the duty of the courts of justice to:
1. Settle actual controversies involving rights which are
legally demandable and enforceable; and
2. To determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
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 jurisdiction on the part of any branch or Functions of Judicial Review
instrumentality of the Government.
1. Checking
Vested in: (a) Supreme Court and (b) such lower courts as 2. Legitimating
may be established by law 3. Symbolic
Judicial Review Essential Requisites for Judicial Review

Judicial Power Judicial Review A. Actual Case or Controversy

Where vested This means that there must be a genuine conflict of
Supreme Court Supreme Court legal rights and interests which can be resolved
Lower Courts Lower Courts through judicial determination.
Definition
This precludes the courts from entertaining the
Duty to settle actual Power of the courts to
controversies involving test the validity of following:
rights which are executive and 1. Request for an advisory opinion
legally demandable legislative acts in 2. Cases that are or have become moot and
and enforceable, and light of their
academic
to determine whether conformity with the
or not there has been Constitution
a grave abuse of B. Locus Standi
discretion amounting Legal standing or locus standi refers to a party’s
to lack or excess of personal and substantial interest in a case, arising
jurisdiction on the part from the direct injury it has sustained or will sustain
of any branch or as a result of the challenged governmental action.
instrumentality of the
Government [Art. C. Constitutional Question Must be Raised at the
VIII,Sec.1, par. 2] Earliest Possible Opportunity
Requisites for Exercise
Jurisdiction – Power to 1. Actual case or Exceptions:
decide and hear a case Controversy
a. in criminal cases, at the discretion of the court;
and execute a decision 2. Locus Standi
b. in civil cases, if necessary for the determination
thereof 3. Question raised
at the earliest of the case itself; and
opportunity c. When the jurisdiction of the court is involved
4. lis mota of the N.B.: The reckoning point is the first competent court. The
case
question must be raised at the first court with judicial review
powers.

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D. Lis Mota
Decision on the constitutional question must be
determinative of the case itself. The reason for this
is the doctrine of separation of powers which
requires that due respect be given to the co-equal
branches, and because of the grave consequences of a
declaration of unconstitutionality.
Operative Fact Doctrine
GENERAL RULE: The interpretation (or declaration) of
unconstitutionality is retroactive in that it applies from the
law’s effectivity.
EXCEPTION: Operative Fact Doctrine
Subsequent declaration of unconstitutionality does not nullify
all acts exercised in line with [the law]. The past cannot
always be erased by a new judicial declaration. [
Effect of a Declaration of Unconstitutionality
1. Orthodox View - an unconstitutional act is not a law;
it confers no rights; it imposes no duties; it affords no
protection; it creates no office; it is inoperative, as if
it had not been passed at all
2. Modern View - certain legal effects of the statute
prior to its declaration of unconstitutionality may be
recognized
Moot Questions
Ripeness of the Controversy: The issue must be raised not
too early that it is conjectural or anticipatory, nor too late
that it becomes moot.
GENERAL RULE: Courts will not decide questions that have
become moot and academic.
EXCEPTION: Courts will still decide if:
a. There is a grave violation of the Constitution;
b. The situation is of exceptional character and
paramount public interest is involved;
c. [Symbolic Function] The constitutional issue raised
requires formulation of controlling principles to guide
the bench, the bar and the public; and
d. The case is capable of repetition yet evading review.
Political Question Doctrine
The term “political question” refers to: (1) matters to be
exercised by the people in their primary political capacity; or
(2) those specifically delegated to some other department or
particular office of the government, with discretionary power
to act. It is concerned with issues dependent upon the
wisdom, not legality, of a particular measure. In recent
years, the Court has set aside this doctrine and assumed
jurisdiction whenever it found constitutionally-imposed limits
on the exercise of powers conferred upon the Legislative and
Executive branches.
Judicial Restraint
The judiciary will not interfere with its co-equal branches
when:
1. There is no showing of grave abuse of discretion.
a. If there is no showing of grave abuse of discretion
on the part of a branch or instrumentality of the
government, the court will decline exercising its
power of judicial review.
b. Judicial review shall involve only those resulting in
grave abuse of discretion by virtue of an agency’s
quasi-judicial powers, and not those arising from
its administrative functions.
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 2. The issue is a political question. more as a least 5 years in the practice of
Even when all requisites for justiciability have been judge of a law in the PHL; OR (b) has held
met, judicial review will not be exercised when the lower court or public office in the PHL
issue involves a political question. has been requiring admission to
engaged in the practice of law as an
the indispensable requisite
Guidelines for determining whether a question is political practice of
or not: law in the PHL
for the
1. There is a textually demonstrable constitutional same period
commitment of the issue to a political department; Tenure [Art. VIII, Sec. 11]
2. Lack of judicially discoverable and manageable Hold office during good behavior until they
standards for resolving it; reach the age of 70 or become incapacitated to
3. The impossibility of deciding without an initial policy discharge their duties
determination of a kind clearly for non-judicial Character [Art. VIII, Sec. 7(3)]
discretion; Person of proven competence, integrity, probity
4. Impossibility of a court’s undertaking independent and independence
resolution without expressing lack of the respect due
coordinate branches of government;
Supreme Court
5. An unusual need for unquestioning adherence to a
political decision already made; Composition
6. Potentiality of embarrassment from multifarious
pronouncements by various departments on one 1. Chief Justice and 14 Associate Justices
question 2. May sit en banc or in divisions of three, five, or seven
members
Appointments to the Judiciary 3. Vacancy shall be filled within 90 days from the
occurrence thereof
Justices of SC RTC Judge MTC/MCTC
and Collegiate (B.P. 129, Judge (B.P. En Banc and Division Cases
Courts Sec. 15) 129, Sec. 26)
Citizenship En banc – cases decided with the concurrence of a majority
Natural-born Filipino of the Members who actually took part in the deliberations
Age and voted.
At least 40 At least 35 At least 30 Instances when the SC sits En Banc:
years years old years old
old 1. Those involving the Constitutionality, application, or
Experience operation of: [TOIL-PI-POO]
15 years or (a) Has been engaged for at a. Treaty
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 b. Orders
c. International or executive agreement
d. Law
e. Presidential decrees
f. Instructions
g. Proclamations
h. Ordinances
i. Other regulations
2. Exercise of the power to Discipline judges of lower
courts, or order their dismissal [Art. VIII, Sec. 11]
3. Discipline of judges can be done by a division, BUT En
Banc decides cases for dismissal, disbarment,
suspension for more than 1 year, or fine of more than
P10,000.
4. Cases or matters heard by a Division where the
required number of votes to decide or resolve (the
majority of those who took part in the deliberations
on the issues in the case and voted thereon, and in no
case less than 3 members) is not met. [Art. VIII, Sec.
4(3)]
5. Modifying or reversing a doctrine or principle of law
laid down by the court in a decision rendered en banc
or in division [Art. VIII, Sec. 4(3)]
6. Actions instituted by citizen to test the validity of a
proclamation of Martial law or suspension of the
privilege of the writ [Art. VIII, Sec. 18]
7. When sitting as Presidential Electoral Tribunal [Art.
VIII, Sec. 4, par. 7]
8. All Other cases which under the Rules of Court are
required to be heard by the SC en banc. [Art. VIII,
Sec. 4(2)]
The SC En Banc is not an appellate court vis-à-vis its
Divisions. The only constraint is that any doctrine or principle
of law laid down by the Court, either rendered en banc or in
division, may be overturned or reversed only by the Court
sitting en banc.
Original Jurisdiction [Art. VIII, sec. 5[1]]
1. Cases affecting ambassadors, other public ministers and
consuls
2. Petition for certiorari
3. Petition for prohibition
4. Petition for mandamus
5. Petition for quo warranto
6. Petition for habeas corpus
Original Jurisdiction [Art. VIII, Sec. 5(2)] – on appeal or
certiorari (as the Rules of Court provide), SC may review,
revise, reverse, modify, or affirm final judgments and
orders of lower courts in:
1. Cases involving the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation.
2. Cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto
3. Cases in which the jurisdiction of any lower court is in
issue.
4. Criminal cases where the penalty imposed is reclusion
perpetua or higher.
5. Cases where only a question of law is involved.
Judicial Privilege
A form of deliberative process privilege; Court records
which are pre-decisional and deliberative in nature are thus
protected and cannot be the subject of a subpoena
A document is predecisional if it precedes, in temporal
sequence, the decision to which it relates.
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A material is deliberative on the other hand, if it reflects
the give-and-take of the consultative process. The key
question is whether disclosure of the information would
discourage candid discussion within the agency.
Judicial Privilege is an exception to the general rule of
transparency as regards access to court records.
Court deliberations are traditionally considered privileged
communication.
THE CONSTITUTIONAL COMMISSIONS
Constitutional Commissions
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit
Constitutional Safeguards to Ensure Independence of
Commissions
1. They are constitutionally created, hence may not be
abolished by statute.
2. Each commission is vested with powers and functions
which cannot be reduced by statute.
3. Independent constitutional bodies.
4. The Chairmen and members cannot be removed
except by impeachment.
5. Fixed term of office of 7 years.
6. The Chairmen and members may not be appointed in
an acting capacity.
7. The salaries of the Chairmen and members may not
be decreased during their tenure.
8. The Commissions enjoy fiscal autonomy.
9. Each Commission may promulgate its own procedural
rules, provided they do not diminish, increase or
modify substantive rights [though subject to
disapproval by the Supreme Court.
10. The Commission may appoint their own officials and
employees in accordance with Civil Service Law.
Term of Office of Each Commission Member
The terms of the first Chairmen and Commissioners of the
Constitutional Commissions under the 1987 Constitution must
start on a common date, irrespective of the variations in the
dates of appointments and qualifications of the appointees,
in order that the expiration of the first terms of seven, five
and three years should lead to the regular recurrence of the
two-year interval between the expiration of the terms. This
common appropriate starting point must be on February 02,
1987, the date of the adoption of the 1987 Constitution.
Term – the time during which the officer may claim to hold
office as of right, and fixes the interval after which the
several incumbents shall succeed one another
Tenure – term during which the incumbent actually holds the
office
The term of office is not affected by the hold-over. The
tenure may be shorter than the term for reasons within or
beyond the power of the incumbent.
Prohibited Offices and Interests
No member of the Constitutional Commissions shall, during
their tenure:
1. Hold any other office or employment. This is similar
to the prohibition against executive officers. It
applies to both public and private offices and
employment.
2. Engage in the practice of any profession.
3. Engage in the active management or control of any
business which in any way may be affected by the
functions of his office.
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 4. Be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted
by, the Government, its subdivisions, agencies or
instrumentalities, including GOCCs or their
subsidiaries. [Art. IX-A, Sec. 2]
The CSC Chairman cannot be a member of a government
entity that is under the control of the President without
impairing the independence vested in the CSC by the 1987
Constitution.
THE CIVIL SERVICE COMMISSIONS
Functions:
1. In the exercise of its powers to implement R.A.
6850 (granting civil service eligibility to employees
under provisional or temporary status who have
rendered seven years of efficient service), the CSC
enjoys a wide latitude of discretion, and may not
be compelled by mandamus.
2. Under the Administrative Code of 1987, the Civil
Service Commission has the power to hear and
decide administrative cases instituted before it
directly or on appeal, including contested
appointments.
3. The Commission has original jurisdiction to hear
and decide a complaint for cheating in the Civil
Service examinations committed by government
employees.
4. It is the intent of the Civil Service Law, in
requiring the establishment of a grievance
procedure, that decisions of lower level officials
(in cases involving personnel actions) be appealed
to the agency head, then to the Civil Service
Commission.
Scope of the Civil Service
Embraces all branches, subdivisions, instrumentalities and
agencies of the Government, including GOCCs with original
charters. [Sec. 2(1), Art. IX-B]
Composition:
A Chairman and 2 Commissioners
Qualifications: [Art. IX-B, Sec. 1(1)]
1. Natural-born citizens of the Philippines;
2. At the time of their appointment, at least 35 years of
age;
3.
Art. IX—B, Sec. 3. The Civil Service Commission, as the
central personnel agency of the Government, shall
establish a career service and adopt measures to
promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It shall
strengthen the merit and rewards system, integrate all
human resources development programs for all levels
and ranks, and institutionalize a management climate
conducive to public accountability. It shall submit to the
resident and the Congress an annual report on its
personnel programs.
With proven capacity for public administration; and
4. Must not have been candidates for any elective
position in the election immediately preceding their
appointment.
Classes of Service:
1. Career Service – characterized by entrance (a) based
on merit and fitness to be determined, as far as
practicable, by competitive examinations, OR (b)
based on highly technical qualifications; with
opportunity for advancement to higher career
positions and security of tenure.
a. Open Career Positions – where prior qualification
in an appropriate examination is required.
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 b. Closed Career Positions – e.g. scientific or highly
technical in nature;
c. Career Executive Service – e.g. undersecretaries,
bureau directors
d. Career Officers – other than those belonging to the
Career Executive Service who are appointed by
the President, e.g. those in the foreign service
e. Positions in the AFP although governed by a
different merit system
f. Personnel of GOCCs with original charters
g. Permanent laborers, whether skilled, semi-skilled
or unskilled
2. Non-Career Service – characterized by entrance on
bases other than those of the usual tests utilized for
the career service; tenure limited to a period
Disqualifications:
specified by law, or which is co-terminus with that of
the appointing authority or subject to his pleasure, or
which is limited to the duration
a. Elective officials, and their personal and
confidential staff;
b. Department heads and officials of Cabinet rank
who hold office at the pleasure of the President,
and their personal and confidential staff;
c. Chairmen and members of commissions and
bureaus with fixed terms;
d. Contractual personnel;
e. Emergency and seasonal personnel
Appointments in the Civil Service
GENERAL RULE: Made only according to merit and fitness to
be determined, as far as practicable, by competitive
examination
THE COMMISSION ON ELECTIONS
EXCEPTIONS:
Functions and Powers
1. Policy Determining – where the officer lays down
principal or fundamental guidelines or rules; or
formulates a method of action for government or any
of its subdivisions; e.g. department head.
2. Primarily Confidential – denoting not only confidence
in the aptitude of the appointee for the duties of the
office but primarily close intimacy which ensures
freedom of intercourse without embarrassment or
freedom from misgivings or betrayals on confidential
matters of state; OR one declared to be so by the
President of the Philippines upon the recommendation
of the CSC.
3. Highly Technical – requires possession of technical
skill or training in supreme degree.
1. No candidate who has lost in any election shall within
1 year after such election, be appointed to any office
in the Government or any GOCC or in any of its
subsidiaries. [Art. IX-B, Sec. 6]
2. No elective official shall be eligible for appointment
or designation in any capacity to any public office or
position during his tenure. [Art. IX B, Sec. 7[1]]
3. Unless otherwise allowed by law OR by the primary
functions of his position, no appointive official shall
hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof including GOCCs or their
subsidiaries. [Art. IX-B, Sec. 7(2)]
4. No officer or employee in the civil service shall
engage directly or indirectly, in any electioneering or
partisan political activity. [Art. IX-B, sec. 2(4)]
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1. Enforce all laws relating to the conduct of election,
plebiscite, initiative, referendum and recall.
Initiative – the power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for that
purpose.
Referendum – the power of the electorate to approve
or reject legislation through an election called for
that purpose.
Recall – the termination of official relationship of a
local elective official for loss of confidence prior to
the expiration of his term through the will of the
electorate.
Plebiscite – the submission of constitutional
amendments or important legislative measures to the
people for ratification.
2. Recommend to the Congress effective measures to
minimize election spending, and to prevent and
penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
3. Submit to the President and the Congress, a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.
Power to declare failure of election – the COMELEC
may exercise such power motu proprio or upon a
verified petition, and the hearing of the case shall be
summary in nature.
4. Decide administrative questionspertaining to election
except the right to vote (the jurisdiction of which is
with the judiciary).
5. File petitions in court for inclusion or exclusion of
voters.
6. Investigate and prosecute cases of violations of
election laws.
The COMELEC has exclusive jurisdiction to investigate
and prosecute cases for violations of election laws.
7. Recommend pardon, amnesty, parole or suspension of
sentence of election law violators.
8. Deputize law enforcement agencies and
instrumentalities of the Government for the exclusive
purpose of ensuring free, orderly, honest, peaceful,
and credible elections.
9. Recommend to the President the removal of any
officer or employee it has deputized for violation or
disregard of, or disobedience to its directive.
10. Registration of political parties, organizations and
coalitions and accreditation of citizens’ arms.
11. Regulation of public utilities and media of
information. The law limits the right of free speech
and of access to mass media of the candidates
themselves.
12. Decide election cases
The Commission on Elections may sit en banc or in
two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election
cases, including pre-proclamation controversies. All
such election cases shall be heard and decided in
division, provided that motions for reconsideration of
decisions shall be decided by the Commission en banc.
[Art. IX-C, Sec. 3]
Cases which must be heard by division
1. All election cases, including pre-proclamation
contests originally cognizable by the Commission in
the exercise of its powers under Sec. 2(2), Art IX-C.
2. Jurisdiction over a petition to cancel a certificate of
candidacy.
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 3. Even cases appealed from the RTC or MTC have to be c. GOCCs with no original charters and their
heard and decided in division before they may be subsidiaries;
heard en banc. d. Non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through
If the COMELEC exercises its quasi-judicial functions then
the Government, which are required by law or
the case must be heard through a division. Upon motion for
the granting institution to submit such audit as
reconsideration of a decision, the case is heard en banc.
a condition of ubsidy or equity.
If the COMELEC exercises its administrative functions then
it must act en banc. 2. Exclusive Authority to
a. Define the scope of its audit and examination;
b. Establish techniques and methods required;
Composition c. Promulgate accounting and auditing rules and
regulations
A Chairman and 6 Commissioners.
Qualifications:
Composition:
1. Must be natural-born citizens;
2. At least 35 years of age; A Chairman and 2 Commissioners
3. Holders of a college degree; Qualifications:
4. Have not been candidates in the immediately
preceding election; 1. Natural born Filipino citizens
5. Majority, including the Chairman, must be members 2. At least 35 years of age
of the Philippine Bar who have been engaged in the 3. CPAs with not less than 10 years of auditing
practice of law for at least 10 years. [Art. IX-C, Sec. experience OR members of the Philippine bar with at
1] least 10 years practice of law
N.B.: At no time shall all members belong to the same
THE COMMISSION ON AUDIT
profession.
Powers and Functions
1. Examine, audit, and settle accounts pertaining to ACCOUNTABILITY OF PUBLIC OFFICERS
government funds or property: its revenue, receipts, Impeachment - method of national inquest into the conduct
expenditures, and uses of public men.
Post-audit basis:
It is the power of Congress to remove a public official for
a. Constitutional bodies, commissions and
serious crimes or misconduct as provided in the Constitution.
offices;
b. Autonomous state colleges and universities;
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Purpose: To protect the people from official delinquencies 2. Congress’ taking initial action of said complaint
or malfeasances. It is primarily intended for the protection of
Judgment
the State, not for the punishment of the offender.
Judgment in cases of impeachment shall not extend further
Impeachable Officers than removal from office and disqualification to hold any
1. President office under the Republic of the Philippines, but the party
2. Vice-President convicted shall nevertheless be liable and subject to
3. Members of the Supreme Court prosecution, trial, and punishment, according to law. [Sec.
4. Members of the Constitutional Commissions 3, Art. XI, Constitution]
5. Ombudsman
Ombudsman
All other public officers and employees may be removed from
office as provided by law, but not by impeachment. (Sec. 2, Qualifications:
Art. XI, Constitution). 1. Natural-born citizen;
2. At least 40 years of age;
3. Of recognized probity and independence;
Grounds for Impeachment 4. Member of the Philippine Bar; and
5. Must not have been candidates for any elective office
1. Culpable violation of the Constitution
in the immediately preceding election.
2. Treason
3. Bribery Term: Seven (7) years without reappointment
4. Graft and corruption
5. Other high crimes, or
6. Betrayal of public trust Powers and Functions under RA 6770

Procedure 1. Investigate any act or omission of any public official,

The House of Representatives has the sole power to initiate
all cases of impeachment while the Senate sits as a court for
the trial of impeachment cases.
2. Direct any public official or employee, or any
No impeachment proceedings shall be initiated against the
same official more than once within a period of one year.
[Sec. 3, Art. XI, Constitution]
The term “to initate” refers to:
1. the filing of the impeachment complaint, coupled
with
employee, office or agency which appears to be
illegal, unjust, improper, or inefficient. This may be
done by the Ombudsman on its own or upon
complaint.
government subdivision, agency or instrumentality, as
well as of any government-owned or controlled
corporation with original charter:
a. To perform and expedite any act or duty
required by law, or
b. To stop, prevent, and correct any abuse or
impropriety in the performance of duties
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3. Direct the officer concerned:
a. To take appropriate action against a public
official or employee at fault, and
b. To recommend the latter’s removal,
suspension, demotion, fine, censure, or
prosecution, and
c. To ensure compliance therewith.
4. Direct the officer concerned, in any appropriate case,
and subject to such limitations as may be provided by
law, to furnish it with copies of documents relating to
contracts or transactions entered into by his office
involving the disbursement or use of public funds or
properties. The Ombudsman can also report any
irregularity to the Commission on Audit for
appropriate action.
5. Request any government agency for assistance and
information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents.
6. Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
7. Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the
Government and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency.
8. Promulgate its rules of procedure and exercise such
other powers or perform such functions or duties as
may be provided by law (Sec. 13, Art. XI, Const.)
9. Administer oaths, issue subpoena and subpoena duces
tecum, and take testimony in any investigation or
inquiry, including the power to examine and have
access to bank accounts and records;
10. Punish for contempt in accordance with the Rules of
Court and under the same procedure and with the
same penalties provided therein;
11. Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall ensure
the effective exercise or performance of the powers,
functions, and duties herein or hereinafter provided;
12. Investigate and initiate the proper action for the
recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the prosecution
of the parties involved therein (For Nos. 9-12, Sec.
15, RA 6770)
Administrative Jurisdiction
GENERAL RULE: The Office of the Ombudsman has
disciplinary authority over all elective and appointive
officials of the government and its subdivisions,
instrumentalities and agencies, including Members of the
Cabinet, local government, government-owned or controlled
corporations and their subsidiaries. (Sec. 21, RA 6770)
EXCEPTIONS: The Ombudsman has no disciplinary power
over the following (Sec. 21, RA 6770)
1. Officials who may be removed only by impeachment
2. Members of Congress
3. Members of the Judiciary
However, the Office of the Ombudsman has the power to
investigate any serious misconduct in office committed by
officials removable by impeachment, for the purpose of filing
a verified complaint for impeachment, if warranted. (Sec.
22, RA 6770)
N.B.: The disciplinary power of the Ombudsman is not
exclusive but is shared with other disciplinary authorities of
the government.
The disciplinary power of the Ombudsman over elective
officials is concurrent with the power vested in the officials’
specified in the Local Government Code of 1991.
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Sandiganbayan
Nature and Composition
The Sandiganbayan is created under PD 1606 as amended by
RA 8249. It is a special court, of the same level as the Court
of Appeals and possessing all the inherent powers of a court
of justice.
It is composed of a presiding justice and fourteen associate
justices who shall be appointed by the President.
Exclusive Original Jurisdiction - over petitions for the
issuance of the writs of mandamus, prohibitions, certiorari,
habeas corpus, injunction and other ancillary writs and
processes in aid of its appellate jurisdiction. Provided, that
jurisdiction over these petitions shall be not exclusive of the
Supreme Court.
Exclusive Appellate Jurisdiction - over final judgments,
resolutions or orders of RTC whether in the exercise of their
own original jurisdiction or their appellate jurisdiction. (RA
8249)
AMENDMENT OR REVISION OF THE CONSTITUTION
Concepts
Amendments – an addition or change within the lines of the
original constitution as will effect an improvement, or better
carry out the purpose for which it was framed; a change that
adds, reduces or deletes without altering the basic principles
involved; affects only the specific provision being amended.
[Lambino v. COMELEC, G.R. No.174153. October 25, 2006]
Revisions – a change that alters a basic principle in the
constitution, like altering the principle of separation of
powers or the system of checks-and-balances; alters the
substantial entirety of the constitution, as when the change
affects substantial provisions of the constitution.
Difference – revision generally affects several provisions of
the constitution, while amendment generally affects only the
specific provision being amended. This distinction is
significant because the 1987 Constitution allows people’s
initiative only for the purpose of amending, not revising, the
Constitution.
Procedure
There are two steps in the amendatory process: (1) proposal,
and (2) ratification
1. Proposal - the adoption of the suggested change in
the Constitution.
a. Congress (as a Constituent Assembly) – a vote of
3/4 of ALL its members
b. Constitutional Convention – called into existence
by (a) 2/3 of all members of Congress OR (b) the
electorate, in a referendum called for by a
majority of all members of Congress [CONST., art.
XVII, sec. 3]
c. People (through a People’s Initiative) – petition of
at least 12% of the total number of registered
voters; every legislative district must be
represented by at least 3% of the registered voters
therein.
a. Limitation on Initiative: No amendment in
this manner shall be authorized (1) within
5 years following the ratification of the
1987 Const. nor (2) more often than once
every 5 years thereafter.
b. Enabling Law: Constitutional provision on
amendments via People’s Initiative not
self-executory [Defensor-Santiago v.
COMELEC, 270 SCRA 170 (1997)]
2. Ratification – the proposed amendment shall be
submitted to the people and shall be deemed ratified
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 by the majority of the votes cast in a plebiscite, held y of the
not earlier than 60 days nor later than 90 days: petition
a. After approval of the proposal by Congress or Revision Congress By a vote Via
ConCon; of 3/4 of Plebiscite
b. After certification by the COMELEC of all its , 60-90
sufficiency of petition of the people. members days after
Constitutio (In submissio
Doctrine of Proper Submission - a plebiscite may be held on nal practice) n of the
the same day as a regular election [Gonzales v. COMELEC, 21 Convention per revisions
SCRA 774]. The entire Constitution must be submitted for internal
ratification at one plebiscite only. The people must have a rules,
proper “frame of reference”. [Tolentino v. COMELEC, 41 limited
SCRA 702]. by the
Doctrine
Summary of Two Stages of Amendatory/ Revision Process of Proper
Submissio
By Proposal Ratificati n
on
Amendme Congress By a vote Via
nts of 3/4 of Plebiscite
all its , 60-90
members days after
Constitutio (In submissio
nal practice) n of the
Convention per amendme
internal nts
rules,
limited
by the
Doctrine
of Proper
Submissio
n
People’s Upon
Initiative COMELEC’
s
certificati
on of the
sufficienc
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