PHILIPPINE POLITICAL LAW By IsaGant A. Cruz Anociate Justice (1986-1994) ‘Supreme Court ofthe Philippines Caio L. Cruz Professorial Lecturer College of Law, Lyceum of the Philippines University Collegeof Lax, University ofthe Philippines ar Review Lecturer ‘Juris Bar Review Center College of Lew, Lyceum ofthe Philippines University UP Law Center 2014 EditionPhilippine Copyright, 1980, 1901, 1008, 1096, 1905, 2002, 2014 ly TSAGANI A. Cruz and ‘CaRLOL. Cruz ALL RIGHTS RESERVED Ang bouk without the crzelative number and not bearing the signeture ofthe author shall be denounced 2 prosceding fom an llogl sour, a= a_3904 ISBN 978.971-011-7611 Print (CENTRAL BOOK SUPPLY, INC 127 Guoun Avene Queen Cy Philipines cir eats FOREWORD ON FEBRUARY 22, 1986, aor almost thirteen years of eppression and repression, the light at the end of the tunnel glowed fitfully but hopefully vo signal the advent ‘of anew liberation for the Filipino people. That was the day Defense Minister Juan Ponoe Karile and the Deputy Chief of Staff of the Armed Foreee of the Philippines, General Fidel V. Remos, burrowed themselves at Camp Crame and proclaimed their dfianeo of Provident Mar 2s, whom they accused of rigging the election held on February 7, 1986, Tae real winner, they ssid, was Cora- zm C. Aquino, the unassuming widow \who had launched a charismatic campaign against the Marcos rgime snd received throughout the land a response that can only be described as phenomenal, Marcos wes ‘ked to rospect the mandato ofthe electorate and step ‘down in favor ofthe legitimate choice ofthe people ‘The announcoment stunned, then electrified, the nation. Before long, a crowd of civilians from all walks of lifethe rich mingling with the slum-dvwellers, children in the care of grandparents, nuns and housewives hold ‘ng vill with doctirs and jeepnny drivers, students Pitching makeshift tents with their professors, every single one of them sharing a common cession for free- dom—gathered in front of the military camp to give support and protection tothe men inside, The military ‘was no lass affected and inepired. Generals begen de. fecting with their mon to the endangered citadel. The onlookers were at first alarmed, then thrilled, when several helicopters landed, not to fight, as it turned out, but to pledge their support for the outnumbered rebels. ‘Soon millions had massed at the gates of Camp Crame and the nearby Camp Aguinaldo, to form a human shield and buffer agcinst the expected onslaught of the‘Maroos loyalists. They camo soon enough, their mighty tanks rumbling along Epifania de los Santos Avenue, ‘tucks aad trucks of combatants in battle gear and ready for the kill But the tanks wero stopped on their ‘tracks and the soldiore themselves were disarmed, re dred hors de combat even befure the rst shot could be fired. How? With the opposite of everything the would be attackers threatened: peace, not war; love far hate; Sowers instead of bloodshed, rosaries draped on the barrel of « gun; an old woman in a wheelchair on the path of the advancing tank—Hberty for dhe long, long night of enslavement and loss of human dignity ‘The choice was obvious As the whole world ‘watched in acmiration and wonder, the Revolution was ‘won in the jubilant wash of what came proudly to be called “peopie power." On February 25, 1986, Corazon C. Aquino and Sal ‘vador H, Laurel were sworn in at the Club Filipino President and Vice-President ofthe Phibppines respec: tively. Their induction was held under the auspices of the New Armed Forees ofthe Philippines in a festive sir of vietory and hope. Meanwhile, Ferdinand Mareos, wo hoad been proclaimed winner by the Batasang Pam bhansa, cok his own oath in Malacaoiang before a fittary ‘group of loyaliats whieh, significantly, did not include his vice-presidential running-mate, Artaro Tolentino. ‘There was a show of bravado, but the mood was gener ally despondent because the angry mob was at that time practically at the gates of the palaos. It was almost ant climatic only when tho happy news spread that the ‘Marcoses had fled in a U.S. helicopter that took them to “Hawai, There was, literally, dancing in the streets, ‘One of President Aquinc's first official acta was the Drocianation of a Freedom Constitutiea to become ops ‘ative until the adoption ofa now Constitution, ‘Toward this end she created a Constitutional Com- ‘mission which undertook the framing of a new charter “truly reflective of the ideals and arprations ofthe Fii- Dino people.” The draft charter, hammered out for more ‘han four months, wus submitted to the electorate in a plebiscite held on Tebruary 2, 1987, and wae ratified with a comfortable margin, due largely to a desie for stability and sormal government rather than to the Intrinsic merits ofthe decument. It ls this Constitution of 1987 that will serve as the Denis ofthe eighth revision of this book on the pelitieal structure of the Repablic of the Philippines, If there ‘wore thase many revisions before, it was because the old CConstitotion changd with tho fiekle whims and designs of the deposed dictator. It is hoped that this time, there will be mare permanaoe in the new Constitution, and it ‘ill remain, as it ought tobe, “firm and immovable, ike» 1 mountain amidst the strife of storms or a rock in the ocean amidst the rarging of the waves” In a way then, this book is beginning again, aot ‘with a mere revision but with a first edition TSAGANIA. CRUZ May 3, 1987,For My Children and with the hope that they will help burnish for SALLY the nation’s future with beautiful anct Beloved Dair inviolate ideals, their unflappable faith, and their not impossible dreams, from the blessed andl bountiful beyond,PREFACE 10 THE 2014 EDITION ‘THIS odition comes after the demise of the author, Jus- tice Isagani A. Cruz, who, prior to his passing, instructed he undersigned to'undertake the changes tequired to ‘make this text both eurent and comprehensive He hesitated for many years to make this revision himacif because of his wellfounded apprehension that our Constitution would be changed, considering. the stubborn and selfish efforts of Gloria Macapagal-Arroyo to perpetuate herself in power with the conversion of or political structure from presidential to parliamen- tary, thereby enabling her to side into the premiership sf new government. By tho time it beeame certain that she would not succoed, the author, although posseesing ‘ll both wisdom and wit, had become weak and thus physically unable to write, ‘Had he written this edition himeef, he would bave, without doubt, diseassed the mast recent developments in the resim of Philippine Political Law with bis charae- laristie incisive commentaries prescnted in his inimita- ble and unparalleled writing flair which earned for bith the richly deserved and uncontasted title of Lyriist of the Court. ‘Nonetheless, this edition ia based largely on the liscussions of the undersigned with the author on the significant cases and lies which merit discussion, and ‘therefore inclusion, in this book. As ever, itis intended aid, more dhaa anyone elee, the student of law in his better understanding, and appreciation, ofthis subject. Featured prominently in this edition would be the ‘ost recent, and often conflicting, if not confusing, po nouncements of the Supreme Court on the three branches of governmect, with particular emphasis on {he Judiciary, which, in rocont years, has grown to be “a ‘ore assertive ofits independence and role as “net only the highest arbiter of legal questions but also the com. selence of the govarnment.” Important new docsions on excoutive privilege, as invokod against the legislative prerogative Of invetign. ‘ion, the Present’ appointment, contre, diplomatic and military powers, and the Legislature's exercise ofits aw ‘making and non-legidative powers, including Its power of ‘impeachment are also discussed in this edition Principles pertinent to the Constitutional Commis- sions, as either promulgated or clarified hy the Supreme Court, are likewise presonted along with scements on the greater participation ofthe peopla ia our democratic ovemment, as intended in our Conatitution ‘The undersignod has written these changes inthis book with every intention of remaining consistent with, if not absolutely faitaful to, the views of the author, his teacher and idul, as expressed and discussed hy him luring his final years, Itis hoped that the reader would consider this new efition as a continuation of the au thor’ legacy of masterfol mentorship in the field of Phil ‘ppine Political Law, which he started in his frst eition ofthis book almost frry years ago. ‘Thos first edition was dadieated by the author to hh children, Hie thors, and then, expressed his hope that they will kelp burnish the nation’s future with their in- violate ideals, their unflappable foith, and thelr not im possible dreams. That dedication is retained in this edt- ‘on as his continuing prayer for his offspring, and, in ‘tum, a8 their affirration, made with profound grat ‘tude, that, as to the hopes their father held for them When they were young, all is well, Canto. Cava October 14, 2013,PREFACE TO THE 2002 EDITION MANY significant events have happened during the last ‘wo years that have affeeted the polities of our nation and will certainly influence our future, The impeach mont of President Joseph Bstrada, his zeplacement by Vice-President Gloria Macapagal Arrayo, the validity of the constitutional suovession, and the cursent proses tion of the former President, the iat in the history of ‘our country, are among the important recent develop- nents that have buen the subject of deliberation and decision by the Supreme Court. The corresponding cases ‘are discussed inthis latest edition of thie book, now on its 27th year, to update tho reader on the evalviny end- less narrative of Pllippine political law. 1 express my warm greetings and appreciation to those who, through my books on the Constitution. 38 interpreted (or misinterpreted) by the Suprome Court, hheve joined me as Kindred spies tp tho study of the republican government under the aogie of the Rule of Law Tsaganr. Cruz May 3, 2002 PRAYER alr on July 28, 1986 tthe Constitutional Commtason by SB, LAUREL, Jr. ‘Commimsionee Almighty God, even the engle fies at will in the in Site roaches of tho skis, le. oer vison soar sntramneled as we see that radiant fature we hope to ensure for our pea Inthe Constitution we ae writing ‘et & be a futuro whoro all persons are born free rel fishing their rights but abeaya with deference te the rights af bers and recognising authority as ong aa is highest com -ultment isto the strengthening tod defense of Likert Grant thatthe srt of freedom shall always etn in ‘ur land, touching one and all ke « bensition ad igniting {hat dive spark in evory human being that can make hin indeed slighty "lower than angle"in this imperfect wold. Grant us courage, that we may fae upto the powerid ‘and defend thoee who are weak an oppresed Grant us wisdom, thot we may distinguish Between what ie right and what is just, Tor they ave tw alwaye the Grant us candor, that we may be true to ourealves and snot be false to others, Groot us strength when we are assailed by despair, or slEdoubt tempts, ‘And finally, Lord, grant the naw Consttation grace and Deaniy of language, so that generations fra now, when al of ‘us here are gone, on penpe wll all be mowing reveretly to the cadence ofits thosghts, ‘Bless ws all, Eternal Spirit, and keep us fre, forever and ‘Amen,TABLE OF CONTENTS Page Chat 1 (GENERAL CONSIDERATIONS, Sipe the Sta - mt Neceaty forthe Sa. 7 i Baa fhe Bey 2 Bekgrund ef thea E = Chapter 2 "THE CONSTITUTION OF THR PHILIPPINES tetnding Pains » ‘The Sopramng he Carin 18 ‘Prmyole ti come aR Chapter 2 "THE CONCEPT OF THE STATE, Detain. — ” Plement Parmer nis ‘a Poo a - “a (@) Tortora ca (8) Gove Se a cer ©. Des ad De Focte Gorramet, o D. Gevermmnt othe Puig a done ee 2 (4) Soversimey Ee a et often un‘taste oF Cons ae Seely — Sora Conan = Sut Against Dover Aged, I erin frm Lage Requiem Sunt sity Chapter 5 [PUNDAMENTAL PRINCIPLES AND STATE POLICIES pedis ‘De Dele of be Sa eases Orr 3 The loerportin Classe eteng Fae You, = ‘Seal Ja. ‘Stperaton a Chvch sal Se. Sapremoey of ian Auton Teelacioomy : ‘enon ——— Parpoes 13 ‘Bening oon 1 ‘Thelbleafthe Silay a 138 Jessie and Toisas : 18 ‘epi of the Dein, a seat Quecons Cader ic Mew Gadi ae ‘Laue oF Commas Chater DELEGATION OF POWERS Pormiba Deaton (Tarif Pores 2 Rimergeney Pras {@) Delegation he Pop (@) Delegation to Local Gverent (©) Delmon to Aino Dai "ass of Deeg . (a) The Compleat (2) The Satine Standard Weal oa ‘The Ploes Cae aoe Chapter 8 [THE LEGISLATIVE DEPARTMENT D_ Gualiestens - ‘The Hoste of oprseates mae OD Dieter (4) "Toe Dit opens (The Para Repeat"aus oF Cove Adina, ‘The crn Tb : ‘he Commeain on Arps hae Organist ni oar Chapeoe 9 POWERS OF THE CONGRESS Legislative Power a General - ra ie a Prohiies blesses z Tile ofl re ae as Prenalte i 238 pra fan osteoma Lepatve logue ma Apsara f Deporte aa z ‘The Powe of Aspen . Gh Apwoprtion ois suscnnn (2) Iled tate : 1) Consctaiona imation : G)Appropaton fr Satara Paes (5) Attomatie te appropaatian na (© Space Punts. ieee "Tae Powe Tati : = The Power fConerr vn Tha Wore Rete and inden ante SRSEREESS88E5 Chapioe 10 {THE EXECUNVE DEPARTMENT acca Pome. a Gealiondene aos = 8 lin and Prociamation Se ‘Tae Veo Pree ccn 48 Precidorl ucasion a atk Oe ae irgiien nd abi 36 as oF Cowen 44) Lamiations ca be Mian Bowers’ "The Padong Poet 1D Danio a @ imate ena Kinder Pari (@RraeeefBadoe ® Disdncse © Amey. ain ‘The Berowing Powe ol ‘Te Diora Per ‘Ta Budpuay Power Zo ‘To Iara Power ——— Other Powett evasive aes (Chapter 12 "THE JUDICIAL DEPARTMENT Independance Su cn Teil Powe sos Sitediien son IArgintmeses S Gh Qualia (@) Theda end Bar Gaol an ae ie ry “3 ‘sr os Me‘asus oF Cowes (x Bone ome. sn (2) Dslan Cams —— again aa Jadtl oar 7 (i) atl Gace na (@ roper Pury oo (8) Hate Opportiniy (4 Neceuty of Dsidng Conatitotions] Question - (C1) Partial Unconstitutioenity = overt Supe Cont i) Ong Jason {petits Ss 3 (3) Teegorey hag (Gungrave Roth {& feietaiia foe {5 Ammen ou Risa tMiznanite peace Gos eure a aattoon in Go : Decent aoe a Riel foe Chapter 13 "THE CONSTITUTIONAL coMMHSSIONS ite nnn Dosvelicaions = Scagoring of Ter ; eappatneet Oise Porque inn Prusieae Chapter 14 "THE CIVIL SERVICE COMMISSION ‘Compoition and Quelietions Scape ofthe Gi Gah ‘Tue ce Caress Powe = Ty aes ee Soham ‘To os tj the Cel Serio ie es nasal StanlaiationsfGonpaeaton ote Chapter 15 "THE COMMISSION ON ELECTIONS Somposin ae Qulientione fet se “80 700 Prac om dil Ravi oT 08 Chapter 10 "THE COMMISSION ON AUDIT Composites md Quien 00 Povo end Fusetions. : no Pree arp 7 a Rept nn tat (Chapter 17 ACCOUNTABILITY OF PUBLIC OFFICERS Inuit. a0"Tame oF Contests GQ) Impeicabla Ofer cena "2 Geouna tr mpndha Pacers (@ Sdgmant ‘ho Saigo has 1h Ombre = (D Congoniion (2) inlaw Appin oS ta (eo ee ce (3) Power aod Puss = 12) Seley c ce (6) Dept Oban and ornmal of te Gis fe Oaiaman : me ‘The Socal Presenter zs 135 gst Walt enna oy Laat. ae ‘ote a ais a 38 (Chang a ines as 708 Chapter 15 [AMENDMENT Of REVISION OF THE CONSTITUTION ind f Constion 2 pn A ‘ermanenn ofthe Const a eatin minmennenlonaieaemt” “a” Propma as 2 to fi sr Gwnan 9 Racist ty odie Ravi of Aten 7 Chapter 19 "TRANSITORY PROVISIONS ios san A siting Lars anid Teal ” coe Tagen Saeco Pov 0 (oar od ua es = as Constitute Comes ae ‘Caoue Ci Servic as ope ‘Ms Casita f be Repulleof he Pps, ‘Tho 1078 Cena Ondine Appenind to Constiutoniparenig (he Member of te Botasnng Pmbanon to Dies tot Provinas with thar Convent Cline Highly [iia Cites, and the Diets of MetopeianTABLE OF CASES Page Abita, Alloa GR No, 18644, December 8, 2008, {S13 SORABSS oy en Abokad Gro Pasty nla, Ga Son 1668, Septet 8 468 SCRA 1 1617, 17,179, Abstads Gere Pay Lit Pures, Gi No 62718 Aug 14,2008, 52 SCH Bn 216, 200,700 ‘Anil, Commission on ua, GR Wai, a 26, 0,488 SORA 8 ma ‘Avayen. COMBLC und Raul Dasa Gi No. iW, “Apel 2,206, S69 SRA 479, cy Aeron REL, GM 08, Foray 30, IISCRA BB 24 ‘ABC aay List, COMELEC. OR No. 10 March 22,2011, 58 SCRA 8 veg Larranal GR No 78130 B56, Dros 0, 1988, 190 SCRA 509. en BE sig COMELSG, ER No 0, Seca “g61, 201 SCRA Ba. 4 ABS-CBNirndeatng Cajon Oc fii ‘hada. No T8597, Oar, 3008 seesca ate a 185 ‘ABSCEN Hroctaning Cyporsion Pi li lia Te, Git Nor. 17896040, Janoary 1 200,20 scHaze2 : 19,60, 54 ‘tera Wood i Pa 2 Me ‘Abundov, COMELEC GR No B67, January & HR, ‘SRSSCHA Bosc 223 ‘ACCTA.Faseatin fata Unio, 30 SONA Baa ‘Aesacana Mace, OF Ne, S902, March 001, ESCRA IB nel ‘Adee Pca, 108 SCRA DI — ‘Ali v. CET banbaler, GR. fo 0680 uy i, wn, 8 SCA es asa‘tame oF Cases z oi «Commis othe Sone of Land Pb "cin So Ie Spt 9,207,604 SCRA... song: mde 1850868 01, 1 Soka Anta» Ombud: Nadia, Bao i oe, SORA Mien See nar Court peal 187 SORA Ba, ‘ar ilbng Gn nv Satin dara Gd 2504 Navona, 68 SCRA Ton ‘0 pe Praia Conran Court Apes a2 8 § T6S195, December 4209, 607 SCRA 200 3 ‘quia. Coriano a lotions, 918 Ps ai 8) a 088 ‘eis Carian en lations CN 1265 “September 18.108, 28 50RA 40), 85,004 ‘Aqsina' Conminson ca actions Gee, i883, ‘Aquna Envi 8 SCRA 188 78 ‘Agno ¥. MiaryComnlsnen Nod 68 SCH Sagas ‘ino tary Commnion No 2, GR Ne T5786 May 9, 178 a8 SCRA B48 a ‘Arpaia 84 i 8 6, 50 ‘anats Garman, 101 Phil 298 8,418 ‘asia. Tn, 40 Pil. 282 vt ‘raten: Commision Elena. No 38688, ‘Oetcber 201265 SCRA 1S 89, 081 Aratuew: COMELEC 88 SCRA 251, ‘ts, 708 ‘cea Court Apa 68 SCRA 339 oN ‘Rrnul Blagg 97 PL S58 eee ona Nesaron, 7 Phi 29. ‘i 1 ‘ja v. Cour a pens Gs 388085, ‘September 31,201, 658 SCRA 70 onan Aropo De Venera 277 SORA 258, — ‘Arroyo Deptt Jutiee, No. 00682 Septener 38, 2012, 681 SCRA 181. 502 58,668, 616,678 aces Pai Punters ity af Unianeta, Ga Nb. "E0825, September 29,2008, 688 SCBA 20.0. 510 ‘naner TVA, 297 U8. 258 (1590). ‘Sittin cB Laalowner fn te ‘Asensae, COMBLEC, G1 No. 1400, Febeeay 16, “Solo, 612 SCRA Te, 09 ican, Vion, Go, iB, ay 16, 2068, -Asuaday. Pepi, Git Ni 88 Oxsee 1,901,635 ‘Sie ‘Mando Prop, Gi a Oct S06, SiR Ben : 108 _Ateng Pagina ina Conmisio o Bacon ‘Git No 200768, Ape 2, 018,634 SCA a. 55,206, 209,215, 473, 656 tty. De are dg again, 385 PI 258 O00) omen TD ‘ralino Cuore, P17. : i, Ban ‘vlona Carlo ¢ SCRA oT as ‘Aaron. Sandiganbayan, G3 He, 11008, "Polraury 28,07, 8 SORA 77 8 ‘hana HET, © No 500, danse 6 1860. noc 8 8 Based City Water Distt Mayon, G-No, 165750, "November 5, 207,88 SCRA S18. 10 Bagabuyo e COMELEC, CH Na 1760, Dasanber 8 ‘08, S73SCRA 390. oo 98, 898 Balaba Pops Gi. No 18016 Juy 7, 2008 688 “SORA 0 oy Belay. Macapagal Aco Ct No” 16030, Boca 15,201,062 SCRA STD 38 Butea. Commission aac Na Ti, ‘un 99, 2000, 6 RA Dc 178 Beaaban Bowden Cxportn ¥. Pac, ‘GR No 171675, Ma 0, 2011, 649 SCRA 198 18 ‘BANAT. COMELEC, G# No. 177608, Agus 7, "3006, 585 SCRA #7 253, 28,07, 678 BANAT. COMBLEO, G1 No, 1871 Api, 2m, ‘Banda’. Emma, Git No isp 3, 7010, niasciA i, 7 384