INTRODUCTION TO CONSTITUTIONAL LAW which provides for a that may be changed by mere

thorough process of legislation.

WHAT IS POLITICAL LAW? amendments or revision.
Branch of public law that deals with the organization and
operations of the governmental organs of the State and TYPE OF PHILIPPINE CONSTITUTION
defines its relations with the inhabitants of the territory (W-E-R) Written, Enacted, Rigid
(People v. Perfecto)
WHAT ARE THE WAYS TO INTERPRET THE
BRANCHES OF POLITICAL LAW CONSTITUTION?
1. Constitutional Law 1
2. Constitutional Law 2 1. Verba legis – Wherever possible, the words used in
3. Administrative Law the Constitution must be assumed to their ordinary
4. Law on Public Officers meaning except where technical terms are employed.
5. Election Laws 2. Ratio legis est anima – Where there is vagueness,
6. Laws on Municipal Corporation/Local Governments the words of the Constitution should be understood
7. Public International Law following the intent of the framers.

THE CONSTITUTION Amendment Revision

● A constitution is a set of rules, principles, and customs It means isolated or It means rewriting of
that establish the limit and distribute fundamental piecemeal change only. the whole document or a
powers of government and define its relations with the considerable amount of
citizens (Bernas, 2009). provisions.
● Cooley defines the constitution as “the body of rules and It can be done through It can be done through
maxims under which the powers of sovereignty are people’s initiative, constituent constituent assembly and
habitually exercised.” assembly and constitutional constitutional convention
convention. only.
DOCTRINE OF CONSTITUTIONAL SUPREMACY
The Constitution basically prescribes the permanent CASES:
blueprint or framework of a system of government, to provide ● Tolentino v. COMELEC
for the powers and duties of different departments and to ● Santiago v. COMELEC
establish principles and policies for the government. (11 Am. ● Lambino v. COMELEC
Jur. 606 cited in Cruz, 2014).
Under this principle, any law must abide by the INTERPRETATION OF THE CONSTITUTION
principal tenets of the constitution. In case there is a conflict In case of doubt, the Constitution is considered
concerning a certain law and the provisions of the constitution, self-executing rather than non self-executing, mandatory
the constitution shall prevail. rather than merely directory; and prospective rather than
retrospective (Cruz, 2015).
TYPES OF CONSTITUTION
Written Unwritten THE CONCEPT OF THE STATE
A written constitution is one An unwritten constitution is
that is encapsulated in a single one that is not codified in a State
document or a set of single and concrete form but is ● Authors and authorities provide for many definitions of
documents. scattered in different sources. the word “State.” Merriam Webster Dictionary (1892)
defines it as “a politically organized body of people
Enacted Evolved usually occupying a definite territory, especially a
An enacted constitution is one An evolved constitution is one sovereign one.”
that is formally passed at a which is the result of political ● Garner (1910) explained it as “a community of persons,
particular time and place, evolution. more or less numerous, permanently occupying a fixed
usually under the precept of a territory, and possessed of an independent government
legitimate government. organized for political ends to which the great body of
inhabitants render habitual obedience.”
Rigid Flexible
A rigid constitution is one A flexible constitution is one STATE vis-a-vis NATION
 ● State is a legal concept, the 4 elements must be present. PEOPLE
● Nation is cultural or ethnic. There can be many states in It simply refers to the inhabitants of the state. It is
one nation. generally agreed that they must be numerous enough to be
self-sufficing and to defend themselves and small enough to
ACT OF STATE be easily administered and sustained.
Black Laws Dictionary defines “Act of State” as an
act done by the sovereign power of a country within the TERRITORY
limits of the power vested in him. It cannot be questioned or It is the fixed position of the exterior of the earth
made the subject of legal proceedings in a court of law (Cruz, inhabited by the people of the State.
2014).
Aspects of Territory (T-M-F-A)
ILLUSTRATION: ● Terrestrial domain – landmass
When the President of the Philippines, in his ● Maritime – inland waters
discretionary powers, extends recognition to a ● Fluvial domain – external waters
newly-established foreign State or government (Cruz, 2014). ● Aerial domain – air space above the land and waters
In international law, an Act of State shall mean that
every State is bound to respect the independence and NATIONAL TERRITORY
sovereignty of every other sovereign state (Duka, 2017). This Article I of the 1987 Philippine Constitution
principle is known as “par in parem non habet imperium,” “The national territory comprises the Philippine
which means “Equals do not have authority over one another.” archipelago, with all the islands and waters embraced there,
and all other territories over which the Philippines has
ELEMENTS OF STATE: (P-G-T-S) sovereignty or jurisdiction, consisting of its insular shelves,
1. People the subsoil, the seabed, the territorial sea, and other
2. Government submarine areas. The waters around, between, and connecting
3. Territory the islands of the archipelago, irrespective of their breadth
4. Sovereignty and dimensions, form part of the internal waters of the
Philippines.”
CASE: Province of North Cotabato v. Government of the
Philippines WHAT IS MEANT BY “PHILIPPINE WATERS”?
All bodies of water such as but not limited to, seas,
FACTS: The Moro Islamic Liberation Front and the gulfs, bays around, between and connecting each of the
Government of the Philippines entered into a Memorandum Islands of the Philippine Archipelago, irrespective of its depth,
Agreement after several peace talks. They come up with the breadth, length or dimensions, and all other waters belonging
establishment of the Bangsamoro Juridical Entity (BJE), to the Philippines by historic or legal title including territorial
which contains people, a definite territory, a government sea, the sea bed, the insular shelves, and other submarine areas
distinct and separate from the Philippines, and its over which the Philippines has sovereignty or jurisdiction.
independence. (People v. dela Pena)

ISSUE: Is the BJE constitutional? ARE THE KALAYAAN ISLAND GROUP (AND THE
SCARBOROUGH SHOAL) PART OF THE PHILIPPINE
RULING: No. The Supreme Court ruled that the BJE is ARCHIPELAGO?
unconstitutional, for it is considered as “associated state”
because basically, BJE has the elements to constitute a state. If No. Congress enacted RA 9522 and specifically did not
its establishment is allowed, it will violate the constitutional enclose the KIG and the Scarborough Shoal as part of the
prohibition to create another state for the Filipino people. Philippine archipelago.

ELEMENTS OF STATE Although the Philippines has consistently claimed sovereignty

● People, Government, Territory, and Sovereignty. over the KIG and the Scarborough Shoal for several decades,
● Some authors suggest two additional elements: these outlying areas are located at an appreciable distance
recognition and possession of a sufficient degree of from the nearest shoreline of the Philippine archipelago, such
civilization. These two are not accepted generally. that any straight baseline loped around them from the nearest
basepoint will inevitably “depart to an appreciable extent from
the general configuration of the archipelago.” (Magallona v.
Hon Ermita). 5446, rectifying some errors in R.A. No. 3046, keeping the
drawing of baselines around Sabah.
CAN THE PRESIDENT ALLOW CHINESE In 2009, the law was again amended by R.A. No.
FISHERMEN TO FISH WITHIN THE PHILIPPINES’ 9522, so it must comply with the UNCLOS III of 1984, which
EEZ? are:
1. to shorten one baseline;
CASE: Rene Saguisag, et al. v. Executive Secretary, et al. 2. to improve the position of some base points; and
The State shall protect the nation’s marine wealth in 3. to classify the Kalayaan Island Group and
its archipelagic waters, territorial sea, and exclusive economic Scarborough Shoal (Bajo de Masinloc) as ‘Regime
zone, and reserve its use and enjoyment exclusively to Filipino of Island’.
citizens. Petitioner now questions the constitutionality of R.A.
As the sole organ of our foreign relations and the No. 9522 because it decreases the Philippine maritime
constitutionally assigned chief architect of our foreign policy, territory under Art. 1 of the Constitution.
the President is vested with the exclusive power to conduct
and manage the country’s interface with other states and ISSUE: Is R.A. 9522 constitutional?
governments.
RULING: Yes. The Supreme Court sustained the
ARCHIPELAGIC DOCTRINE constitutionality of R.A. 9522. UNCLOS III has nothing to do
● This doctrine states that the baseline from which the with gaining or loss of territory. It is just an organized norm
inland and territorial sea of an archipelago is to be that regulates the conduct of States in connection with
determined consists of the straight lines joining maritime use.
appropriate points of the outermost islands or edge of the On the other hand, R.A. No. 9522 is a law to mark
archipelago. Connected baselines which are drawn to out basepoints along coastlines, serving as geographical
enclose the entire archipelago define the internal starting points to measure. Baseline laws are nothing but
waters while the waters from the baseline up to the statutory mechanisms for UNCLOS III States parties to
international treaty limits represent the territorial sea delimit with precision the extent of their maritime zones and
of the country. continental shelves.
● The entire archipelago is treated as one fragmented into
so many thousand islands. We connect the farthest points TERRITORIAL SEA
of our archipelago with straight baselines and consider It is defined as “the belt of the sea situated between
all the waters enclosed as internal waters. internal waters the and coast of the coastal state on the one
● Senator Arturo Tolentino is the advocate of the hand and the high seas on the other, extending up to 12
Philippine Archipelagic Doctrine as he authored the nautical miles from the low water mark or in the case of the
former Philippine Baseline Law and in the United archipelagic states, from the baselines.” (1982 United Nations
Nations Conferences on the Law of the Seas. Convention on the Law of the Sea).

REPUBLIC ACT NO. 9522 CONTIGUOUS ZONE

This law provided, among others, that the baseline in It is 24 nautical miles from the baseline. The coastal
the following areas over which the Philippines likewise state may exercise power and control necessary to prevent
exercises sovereignty and jurisdiction shall be classified as violation of its customs, fiscal, immigration, and sanitary
“Regime of Islands” under the Republic of the Philippines regulations and punish the said infringement (Duka, 2017).
following Art. 121 of the United Nations Convention on the
Law of the Seas (UNCLOS): EXCLUSIVE ECONOMIC ZONE
1. The Kalayaan Group of Islands; and It is the area beyond the territorial sea and is not part
2. Bajo de Masinloc (Scarborough Shoal). of the territory of the Philippines. However, our country may
exercise sovereign rights over the economic resources of the
CASE: Magallona v. Ermita sea, seabed, and subsoil. However, other states shall have the
freedom of navigation and overflight to submarine rabbles and
FACTS: In 1961, the Philippine Congress passed Republic Act pipelines and other lawful uses.
No. 3046, demarcating the baselines of the Philippines as an
Archipelagic country according to UNCLOS I of 1958, IT HAS BEEN REPORTED THAT CHINA BUILT
institutionalizing the sovereignty of the State parties over the MILITARY INSTALLATIONS ON REEFS AND
territorial sea. In 1968, the law was amended by R.A. No. ISLANDS WITHIN THE PH’S EEZ, CAN THIS BE
CONSTRUED AS AN INVASION ON PHILIPPINE ACTIONS
TERRITORY? The Tribunal next considered the lawfulness of
Chinese actions in the South China Sea. Having found that
ANSWER: No. The EEZ is not equivalent to Philippine certain areas are within the exclusive economic zone of the
territory. The EEZ is an area beyond and adjacent to the Philippines, the Tribunal found that China had violated the
territorial sea, which shall not extend beyond 200 nautical Philippines’ sovereign rights in its exclusive economic zone
miles from the baseline from which the territorial sea is by:
measured. a. interfering with the Philippine fishing and petroleum
exploration,
CASE: Philippines v. China b. constructing artificial islands and
c. failing to prevent Chinese fishermen from fishing in
In 2003, the Philippines formally initiated arbitration the zone.
proceedings against China. The Philippines argued that The Tribunal also held that fishermen from the
China’s historical claim on the territories within the Philippines (like those from China) had traditional fishing
“nine-dash line” was unlawful under the United Nations rights at Scarborough Shoal and that China had interfered with
Convention on the Law of the Sea (UNCLOS). The tribunal these rights in restricting access. The Tribunal further held that
under the Permanent Court of Arbitration (PCA) was long and Chinese law enforcement vessels had unlawfully created a
drawn out with China refusing to participate. serious risk of collision when they physically obstructed
China has repeatedly stated “it will neither accept nor Philippine vessels.
participate in the arbitration unilaterally initiated by the
Philippines.” Annex VII, however, provides that the “absence HARM TO MARINE ENVIRONMENT
of a party or failure of a party to defend its case shall not The Tribunal considered the effect on the marine
constitute a bar to the proceedings.” environment of China’s recent large-scale land reclamation
and construction of artificial islands at seven features in the
The PCA ruled for the following: Spratly Islands and found that China had caused severe harm
a. Historic Right of the Philippines and the Nine-Dash to the coral reef environment and violated its obligation to
Line:” preserve and protect fragile ecosystems and the habitat of
b. The lawfulness of the Chinese Government’s Actions; and depleted, threatened, endangered species. The Tribunal also
c. Harm to Marine Environment found that Chinese authorities were aware that Chinese
fishermen have harvested endangered sea turtles, coral, and
HISTORIC RIGHT OF THE PHILIPPINES AND THE giant clams on a substantial scale in the South China Sea
“NINE-DASH LINE” (using methods that inflict severe damage on the coral reef
The Tribunal found that it has jurisdiction to consider environment) and had not fulfilled their obligations to stop
the Parties’ dispute concerning historic rights and the source such activities.
of maritime entitlements in the South China Sea. On the
merits, the Tribunal concluded that the Convention HOW DREDGING IS DONE IN THE SPRATLYS
comprehensively allocates rights to maritime areas and that Coral reef and hard sediment on the seabed are
protections for pre-existing rights to resources were pulverized by the rotating cutter. Pulverized materials are
considered, but not adopted in the Convention. Accordingly, sucked into the ship. Pulverized materials are transported by
the Tribunal concluded that, to the extent China had historic pressure through a floating pipe. Pulverized materials are
rights to resources in the waters of the South China Sea, such deposited on the rim of the reef.
rights were extinguished to the extent they were incompatible
with the exclusive economic zones provided for in the
Convention. The Tribunal also noted that, although Chinese GOVERNMENT
navigators and fishermen, as well as those of other States, had ● It is the “instrumentality or agency through which the
historically made use of the islands in the South China Sea, will of the state is expressed, formulated, and realized”
there was no evidence that China had historically exercised (Poindexter v. Greenhow).
exclusive control over the waters or their resources. The ● It is “the body of the people and institutions that make
Tribunal concluded that there was no legal basis for China and enforce laws for society.”
to claim historic rights to resources within the sea areas
falling within the ‘nine-dash line’. GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES
LAWFULNESS OF CHINESE’ GOVERNMENT ● The corporate, governmental entity through which the
 functions of government are exercised throughout the ● It is commonly known as “independence.”
Philippines, including, save as the contrary appears from ● It is permanent, exclusive, comprehensive, absolute,
the context, the various arms through which political indivisible, inalienable, and imprescriptible (Naguit,
authority is made effective in the Philippines, whether 2005).
about the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of KINDS OF SOVEREIGNTY
local government (Administrative Code of the
Philippines, 1987). Internal Sovereignty – refers to the authority of the State to
control its domestic affairs.
PRIME DUTY OF THE GOVERNMENT External Sovereignty – refers to the power of the State to
The government has the primary duty to serve and direct its relations with other States. Also known as
protect the people (Art. II, Sec. 4 of the 1987 Philippine independence.
Constitution).
Aside from this, it is also mandated to: NOTE: Even though external sovereignty means free from
(E-E-P-P-S) outside control, it is not absolute because there are community
1. Ensure local peace and order; of nations or United Nations that we have to obey.
2. Establish the defense of the state and preservation of e.g. UNCLOS
independence;
3. Promote the local well-being of the people;
4. Promotion of general welfare, public safety and STATE IMMUNITY
public morality; and
5. Secure economic development (Naguit, 2005). ILLUSTRATION:
Reynaldo, a student, crosses the busy street of QuezonCity. He
PARENS PATRIAE was hit by a garbage truck owned and registered under the
● According to the Constitution, the prime duty of the Quezon City Government. Reynaldo suffered injuries from the
government is to serve and protect the people (Section 4, accident. His parents filed a suit against Mr. Jimenez, the
Article II of the 1987 Philippine Constitution). The driver of the truck. They also filed an action against Mayor
State, in its entirety, serves and protects the people, Joy for the alleged negligence in the supervision of their
especially the less fortunate. This constitutional employees. They also filed a claim for monetary damages
provision is based on the Doctrine of Parens Patriae. against the City Government of Quezon.
Parens patriae is Latin for “parent of his or her
country.” QUESTIONS:
● This principle finds application in the treatment of a. May the case against the driver proceed?
children, mentally-ill persons, and others who cannot b. May the case filed against Mayor Joy proceed?
take care of themselves. The State is the supreme c. May the case against the City Government of Quezon
guardian of all these persons within its jurisdiction, and City proceed?
courts have the power to intervene to protect the best
interests of the less fortunate whose welfare is usually ANSWERS:
endangered. a. Yes.
● Congress can also exercise this power by enacting b. Yes and no.
specific welfare laws for the benefit of the children, c. General rule: No.
women, elderly, differently-abled persons, laborers, and
other members of the marginalized sectors of the society. STATE IMMUNITY
(Social Legislation) ● Sec. 3, Art. XVI of the 1987 Philippine Constitution,
● The State, therefore, must ensure that these laws are states that: the “State may not be sued without its
correctly implemented to the benefit of the less fortunate consent.”
following the statement that: “Those who have less in ● It recognizes the sovereign characteristics of the State
life should have more in law” (Magsaysay, 1956). and an express confirmation of the accepted rule,
effectively separating it from the jurisdiction of courts.
● It is based on the very essence of sovereignty. A
SOVEREIGNTY sovereign state is exempt from cases because of the
● It is the highest and overwhelming power inherent in a logical and practical ground that “there can be no lawful
State by which that State is governed (Garner, 1910). right as against the power that makes the rule on which
 the right depends” (Department of Agriculture v.
The State may be The State is The State cannot
NLRC). sued. liable. be sued without
● The concept of “State immunity from suit” is based on its consent.
reasons of public policy – it would be detrimental to the
public if the State would be prioritizing the success of
its legal battles rather than promoting the welfare of its
THE 1987 CONSTITUTION
citizens (Republic of the Philippines v. Sandoval).
● The alternative explanation is the practical concern that
● The Constitution of 1987 is the fourth fundamental law
the demands and problems of lawsuits will dissuade the
of the Philippines.
time and funds of the State from the more pressing
● President Corazon Aquino ordered the issuance of a
matters demanding its attention to the detriment of the
Freedom Constitution, which is a temporary one, while
public welfare (Cruz, 2014).
the Constitutional Commission, headed by Cecilia
● The doctrine is also called “the royal prerogative of
Muñoz-Palma, is drafting a more comprehensive and
dishonesty” because it gives the State the prerogative to
permanent Constitution.
overthrow any legitimate claim against it by simply
● On October 15, 1986, the Commission approved a final
invoking its non-suability (DA v. NLRC)
draft of the proposed Charter. Plebiscite for the
ratification of the newly-drafted Constitution was
KINDS OF CONSENT
scheduled on February 2, 1987. (Plebiscite – approval
by people).
Express Consent – may be made through the passage of a
● When the votes were tallied, it appeared that 76.29% of
general law or a particular law.
the electorate had voted to ratify, with only 22.74%
Implied Consent – there is implied consent when the State
against.
itself initiates litigation, thus allowing for itself to a
● It is based on the Basic Constitution of America.
counterclaim, or when it enters into a contract in its
● The Constitution consists of 18 articles and is
“proprietary capacity.”
“excessively long,” according to Justice Isagani Cruz.
● Numerous original provisions of the 1935 Constitution
KINDS OF CAPACITY OF THE STATE
were revived, such as having a bicameral Congress, a
presidential form of government, and the independence
In Jure Gestionis
of the Judiciary.
● the State or any of its political subdivisions entered into
● Also, many provisions of the 1973 Constitution were
a contract in its economic, commercial, or proprietary
retained, like those on the Constitutional Commissions
capacity.
and local governments (Cruz, 2015).
● the purpose of which is to raise revenue on the part of
● The present Constitution also restored the Bill of
the government.
Rights. It recognized, to the fullest extent, every human
● e.g. Public-Private Partnership (PPP) – Primewater,
right by the creation of the Commission on Human
NLEX, Meralco, Skyway
Rights.
● there is an implied consent, thus, the State may be
● It also provided safeguards on the power of the
sued. (US v. Guinto)
President to declare martial law and the power of the
Supreme Court to review the declaration, a provision
In Jure Imperii
absent to the preceding constitution.
● “by right of sovereignty”
● the State entered into a contract in the exercise of its
DECLARATION OF PRINCIPLES AND STATE
sovereign functions.
POLICIES
● there is no implied consent. (US v. Ruiz)
Article II of the Constitution
“This position is intended to provide the rules
NON-APPLICABILITY
underlying our system of government. It must therefore be
The doctrine of State Immunity finds no application
adhered to in the conduct of public affairs and the resolution
in its sovereign exercise of the power of eminent domain. A
of public issues.”
property taken for public use must be compensated as
prescribed by the Constitution.
REPUBLICANISM

State Suability State Liability State Immunity ● “The Philippines is a republican and democratic State.
 Sovereignty resides in the people, and all government guardian of the people and the State. Its goal is to
authority emanates from them.” (Art. II, Sec. 1) secure the sovereignty of the State and the integrity of
● A republican state is a state wherein all government the national territory.” (Art. II, Sec. 3)
authority emanates from people and is exercised by ● The principle of civilian supremacy is established by the
representatives chosen by the people. In the view of the provision, which makes the President, a civilian, the
Constitution, the Philippines also shares some aspects of commander-in-chief of the armed forces.
direct democracy, such as initiative and referendum.
SEPARATION OF THE CHURCH AND STATE
RENUNCIATION OF OFFENSIVE WAR AND THE
INCORPORATION CLAUSE ● “The separation of Church and State shall be
inviolable.” (Art. II, Sec. 6)
● “The Philippines renounces war as an instrument of ● Under the Philippine setting, the separation of Church
national policy, adopts the generally accepted and State is not an absolute division. The State
principles of international law as part of the law of the recognizes the beneficent influence of religion in the
land and adheres to the policy of peace, equality, enrichment of the nation’s life.
justice, freedom, cooperation, and amity with all ● “Insofar as [religion] instills into the mind the purest
nations.” (Art. II, Sec. 2) principles of morality, the influence of religion is deeply
● The Philippines does not abandon defensive war felt and highly appreciated.” (Aglipay v. Ruiz)
because it is duly-bound to secure its citizens. Under the
Constitution, the prime duty of the government is to
protect and serve the people. SANCTITY AND PROMOTION OF FAMILY, YOUTH,
AND WOMEN
Vote requirements to declare the existence of a state of
war: FAMILY
1. 2/3 vote of both Houses
2. in joint session ● “The State recognizes the sanctity of family life and
3. voting separately. shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect
Doctrine of Incorporation – mandates that the Philippines is the life of the mother and the life of the unborn from
bound by generally accepted principles of international law, conception. The natural and primary right and duty of
which automatically form part of Philippine law by operation parents in the rearing of the youth for civic efficiency
of the Constitution (Agpalo, 2006). and the development of moral character shall receive
the support of the Government.” (Art. II, Sec. 12)
● “Family” simply means a stable heterosexual
Doctrine of Incorporation Doctrine of
Transformation relationship with the paramount consideration or goal
of procreation (Bernas, 2011).
The rules of international Requires that an ● It is guaranteed under the Constitution that the Senate
law form part of the law of international law principle shall protect the family as the fundamental social
the land and no legislative be transformed into institution and the sanctity of marriage, which creates the
action is required to make domestic law through a family.
them applicable to a constitutional mechanism,
country. such as local legislation. ● “Marriage is a special contract of permanent union
between a man and a woman entered into in accordance
i.e. Article II, Section 2 i.e. Article VI, Section 21 with law for the establishment of conjugal and family
life. It is the foundation of the family, and an inviolable
social institution whose nature, consequences, and
NOTE: In the doctrine of transformation, it concerns not
incidents are governed by law and not subject to
generally accepted principles and not present in all counties.
stipulation, except that marriage settlement may fix the
Hence, there is a need for legislative action to abide by. (e.g.
property relations during the marriage within the limits
UNCLOS – Ph Baseline Law)
provided by this Code.”
CIVILIAN SUPREMACY
YOUTH
● “Civilian authority is, at all times, supreme over the
● “The State recognizes the vital role of the youth in
military. The Armed Forces of the Philippines is the
 nation-building and shall promote and protect their
physical, moral, spiritual, intellectual and social The State shall protect the nation’s marine wealth in its
well-being. It shall inculcate in the youth patriotism territorial sea, archipelagic waters, and exclusive economic
and nationalism, and encourage their involvement in zone, and reserve its use and enjoyment exclusively to
public and civic affairs.” (Art. II, Sec. 13) Filipino citizens.
● The Filipinos are fond of children. It can be evidenced
by the observance of different festivals in honor of the QUESTION: Can the President enter into a gentleman’s
Holy Child or the Santo Niño. agreement, sharing the right to EEZ?
● Laws are continuously enacted and amended to address ANSWER: Yes. As the chief architect of foreign policy, the
these issues. Safe public spaces are also institutionalized President acts as the country’s mouthpiece with respect to
through the passage of different laws addressing the international affairs.
same, in addition to the Anti-Child Abuse Law (R.A.
No. 7610), Anti-Child Pornography Act (R.A. No. QUESTION: Can the Court forbid the President?
9775), and other related laws. ANSWER: No. The Supreme Court does not have the power.
However, if someone would file an impeachment case for it, it
WOMEN would be upon legislative exercise or discretion. Not the
Supreme Court.
● “The State recognizes the role of women in
nation-building, and shall ensure the fundamental REGALIAN DOCTRINE
equality before the law of women and men.” (Art. II,
Sec. 14) All lands of the public domain belong to the State, which is
Welfare Laws on Women the source of any asserted right to any ownership of land. All
● RA 9710 (Magna Carta of Women) lands not appearing to be clearly within private ownership are
● RA 9262 (Anti Violence Against Women and their presumed to belong to the State. That is why it is the State
Children Act) that issues land titles. That is also why you can’t deny the
● RA 8353 (Anti-Rape Law) State the eminent domain because it belongs to it.
● RA 11313 (Safe Spaces Act)
● RA 7877 (Anti-Sexual Harassment Act) CASE: Cruz v. DENR

ECOLOGY FACTS: The case of "Cruz v. Secretary of Environment and

Natural Resources" involves petitioners Isagani Cruz and
“The State shall protect and advance the right of the people Cesar Europa, who filed a suit for prohibition and mandamus
to a balanced and healthful ecology in accord with the as citizens and taxpayers. They challenged the
rhythm and harmony of nature.” (Art. II, Sec. 16) constitutionality of certain provisions of Republic Act No.
8371 (R.A. 8371), also known as the Indigenous Peoples
DOCTRINE OF INTERGENERATIONAL Rights Act of 1997 (IPRA), and its Implementing Rules and
RESPONSIBILITY Regulations. The respondents in the case include the Secretary
of Environment and Natural Resources, the Secretary of
It connotes that the youth of today has legal standing to sue Budget and Management, and the Chairman and
the government for the promotion of a balanced ecology not Commissioners of the National Commission on Indigenous
just for their own sake but also for the concern of the future Peoples (NCIP). The petitioners argued that the IPRA
generations. unlawfully deprived the State of ownership over lands of the
public domain and natural resources therein, violating the
NATURAL RESOURCES regalian doctrine enshrined in the 1987 Philippine
Art. XII of the 1987 Constitution Constitution. The case was heard by the Supreme Court En
“All lands of the public domain, waters, minerals, Banc, and oral arguments were conducted on April 13, 1999.
coal, petroleum, and other mineral oils, all forces of potential The decision was rendered on December 6, 2000.
energy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With the ISSUES:
exception of agricultural lands, all other natural resources 1. Does the IPRA violate the regalian doctrine by granting
shall not be alienated. The exploration, development, and ownership over natural resources to indigenous peoples?
utilization of natural resources shall be under the full 2. Do the provisions of the IPRA infringe upon the State's
control and supervision of the State.” ownership and control over lands of the public domain
 and natural resources?
SOCIAL LEGISLATION
RULING: The Supreme Court dismissed the petition. The Laws that provide aid and assistance to particular segments
votes were equally divided (7 to 7), and as the necessary of the society.
majority was not obtained, the case was redeliberated upon. – Women
However, the voting remained the same. Accordingly, – Children
pursuant to Rule 56, Section 7 of the Rules of Civil Procedure, – Workers
the petition was dismissed.
SOCIAL JUSTICE
(NOTE: According to the discussion, the votes were 8 / 7, The reduction of inequality or the removal of inequity.
which upheld the presumption of constitutionality.)
Justice – to give everyone his due.
RATIO: Katarungan – different to justice.
1. Regalian Doctrine and Ownership of Natural – it is with equity, or the adjustment of law to
Resources: The Court held that the IPRA does not grant provide justice. While justice is applying the strict letter of
ownership of natural resources to indigenous peoples. law.
Instead, it recognizes their rights to manage and
conserve these resources, benefit from their utilization, HUMAN RIGHTS
and negotiate terms for their exploration. The State The Philippines observes National Human Right week every
retains ownership and control over these resources, December 3-10 of every year under Proclamation No. 177 of
ensuring compliance with the regalian doctrine. President Aquino in 1987.
2. State Ownership and Control: The Court found that the
IPRA does not infringe upon the State's ownership and THREE ESSENTIAL DOCUMENTS THAT
control over lands of the public domain and natural PHILIPPINES RECOGNIZES IN UPHOLDING
resources. The law provides mechanisms for the HUMAN RIGHTS
recognition of ancestral domains and lands, but it does (I-U-T)
not transfer ownership of natural resources to indigenous 1. International Covenant on Civil and Political Rights
peoples. The State's control and supervision over the 2. Universal Declaration of Human Rights adopted by
exploration, development, and utilization of natural the United Nations General Assembly on December
resources remain intact. 10, 1948
The Court emphasized that the IPRA is a recognition of the 3. The 1987 Constitution
State's duty to protect the rights of indigenous peoples and to
correct historical injustices. The law is consistent with the INTERNATIONALLY RECOGNIZED DEFINITION OF
1987 Philippine Constitution, which mandates the protection HUMAN RIGHTS
and promotion of the rights of indigenous cultural Human rights refer to anything that is correctly and justly
communities within the framework of national unity and due to a person by virtue of his being human.
development.
HUMAN RIGHTS BY JOSE W. DIOKNO
NOTES FROM DISCUSSION: “No cause is more worthy than the cause of human rights.
Is the IPRA unconstitutional because it forbids the Human rights are more than legal concepts; they are the
State’s exercise of eminent domain on ancestral land? essence of man. They are what makes man human. That is
why they are called human rights: deny them, you deny man’s
ANSWER: No. The IPRA is constitutional. It is an exception humanity.”
to the Regalian Doctrine. Ancestral lands were not colonized
by Spain. The Regalian doctrine states that the state owns all RESPECT FOR HUMAN RIGHTS
lands unless proven otherwise, while native title recognizes Respect for human rights is the duty of every individual. But
ancestral land rights of indigenous peoples (IPs) prior to because what we think are our rights may conflict with the
Spanish colonization. The Supreme Court has recognized rights of others, it is deemed that the government has the
native title as an exception to the Regalian doctrine. greater responsibility to promote, uphold and protect human
rights. It is the primary duty of the government to advance
the human rights of every citizen.
SOCIAL JUSTICE AND HUMAN RIGHTS
Art. XIII of the 1987 Constitution CASE: Simon v. People
 ● Violation of Human Rights in the Philippines: violation Making of laws Implementation of Interpretation of
made by the agents of the State (it is one of a kind – “sui laws laws
generis”). Power of the Purse Power of the Sword Power of the Pen
● No violation if not made by agents of the State. Article VI Article VII Article VIII
● Go to the Commission on Human Rights if a violation
was made by the agent of the State. DOCTRINE OF SEPARATION OF POWERS
● This doctrine states that each department has exclusive
Commission of Human Rights (CHR) – an independent cognizance of matters within its jurisdiction and is
constitutional commission. supreme within its “own sphere” (Angara v. Electoral
Commission)
● This principle is not expressly provided for by the
LOCAL GOVERNMENT Constitution.
Art. X of the 1987 Constitution ● This doctrine is meant to prevent a concentration of
authority in one person or group of persons that might
● The policy of local autonomy is a reproduction of the lead to an irreversible error or abuse in its exercise to
recognition of the 1973 Constitution. The strengthening the detriment of our republican institutions (Cruz,
of local governments is based upon the Jeffersonian view 2014).
that “municipal corporations are the small republics
from which the great one derives its strength” (Cruz, CASE: Ocampo v. Enriquez
2015). Duterte allowed Sr. Marcos to be buried in the
● It should be emphasized that the autonomy granted to Libingan ng Mga Bayani.
local governments is not to be understood as
independence (Datu Michael Abas Kida v. Senate of the RULING: SC denied the petition to exhume. The ground is the
Philippines). Doctrine of Separation of Powers. The Supreme Court was
hands off, because the power is discretionary solely on the
GENERAL WELFARE CLAUSE President.
Section 16 of Republic Act No. 7160 (Local Government The law also provides that a former soldier, by the order of the
Code of 1991) President, may be buried in Heroes Cemetery.

“General Welfare. – Every local government unit shall BLENDING OF POWERS

exercise the powers expressly granted, those necessarily There are instances under the Constitution when
implied therefrom, as well as powers necessary, appropriate, powers are not confined exclusively within one department
or incidental for its efficient and effective governance, and but are, in fact, assigned to or shared by several departments.
those which are essential to the promotion of the general As a result of this, there is some difficulty in classifying some
welfare. Within their respective territorial jurisdictions, local of them as definitely legislative, executive, or judicial.
government units shall ensure and support, among other
things, the promotion of health and safety, preservation and NOTE: The blending of powers is the overlapping of powers.
enrichment of culture, enhance the right of the people to a It is allowed by the Constitution, however, not expressly
balanced ecology, improve public morals, encourage and provided in the Constitution.
support the development of appropriate and self-reliant
scientific and technological capabilities, enhance economic CHECKS AND BALANCES
prosperity and social justice, promote full employment It allows one department to resist encroachments
among their residents, maintain peace and order, and upon its prerogatives or rectify mistakes or excess committed
preserve the comfort and convenience of their inhabitants.” by the other departments.

NOTE: The General Welfare Clause is usually the basis of (5) INSTANCES:
local ordinances. – The Executive branch may countercheck the Legislative
branch through the veto power of the President.
– The President may grant pardon to a convicted criminal and
PHILIPPINE POLITICAL STRUCTURE also appoints the members of the Judiciary as prescribed by
the Constitution.
Legislative Executive Judicial – The Commission on Appointments, a creation of the
Congress President Supreme Court Congress, may reject certain appointments made by the
President.
– The Legislative may also conduct, on a complaint, an WHAT IS GERRYMANDERING?
impeachment proceeding against a member of the Supreme It is the formation of one legislative district out of a separate
Court. territories for the purpose of favoring a candidate or a party. It
– Judicial Review (Art. VIII of the Constitution) is prohibited.

CASE: Albada v. COMELEC

LEGISLATIVE DEPARTMENT
The Congress enacted a law creating the legislative district of
WHO CAN EXERCISE LEGISLATIVE POWER? Malolos based on a certification of the demographic
(C-L-T) projection from NSO stating that by 2010, Malolos is expected
1. Congress (Art. VI, Sec. 1, 1987 Constitution) to reach the population of 250,000, hence, entitling it to one
2. Local Government Units (delegated by law like RA legislative district. Is the law valid?
7160, the Local Government Code)
3. The People through initiative and referendum The law is unconstitutional. The Congress cannot
establish a new legislative district based on a projected
Article VI, Section 1 of the 1987 Constitution population of NSO to meet the population requirement of the
“The legislative power shall be vested in the Constitution.
Congress of the Philippines which shall consist of a Senate Furthermore, the law constitutes gerrymandering by
and a House of Representatives, except to the extent reserved allowing the City of Malolos to establish its own legislative
to the people by the provision on initiative and referendum.” district leaving the Municipality of Bulakan totally separated
from other municipalities which are part of the First District
WHAT ARE THE TWO MEMBERS OF CONGRESS of Bulacan.
1. House of Representatives – 250+ Members
2. Senate – 24 Senators

WHAT ARE THE QUALIFICATIONS FOR A MEMBER RATIONALE OF PARTY-LIST REPRESENTATIVES

OF HOUSE OF REPRESENTATIVES?
1. Natural-born citizen of the Philippines; ● To make the marginalized and the underrepresented
2. At least 25 years of age on the day of the election; active receivers of the State’s compassion, and for them
EXCEPT: In case of a nominee of the youth sector, he must at to be active members in the mainstream of
least be 25 but not more than 30 years of age on the day of the representative democracy.
election. Any youth sectoral representative who attains the age ● To democratize political power by providing political
of 30 during his continue in office until the expiration of this parties that cannot win in legislative district elections a
term. chance to win seats in the HoR.
3. Able to read and write;
4. Except the party-list representatives, a registered WHAT ARE THE GUIDELINES FOR SCREENING
voter in the district in which he shall be elected; PARTY-LIST REPRESENTATIVES?
5. A resident of the Philippines for not less than 2 years
immediately preceding the day of the election. ● The political party must represent the marginalized and
underrepresented groups identified in Sec. 5 of RA No.
WHAT ARE THE TWO KINDS OF 7941. Majority of its members should belong to the
REPRESENTATIVES IN HOR? marginalized and underrepresented.
1. District Representatives – shall comprise 80%
2. Party-list Representatives – shall comprise 20% Section 5 of RA No. 7941 (Party-List System Act)
“...Provided, That the sectors shall include labor, peasant,
WHAT ARE THE REQUIREMENTS FOR A CITY OR A fisherfolk, urban poor, indigenous cultural communities,
PROVINCE TO BE A LEGISLATIVE DISTRICT? elderly, handicapped, women, youth, veterans, overseas
(C-C-A-250K) workers, and professionals.”
1. Contiguous, compact, and adjacent territory.
2. For a city: at least 250,000 population. ● Religious sector may not be represented in the
(Article VI, Section 5(3)) party-list system; except that priests, imams, or pastors,
 may be elected should they represent not their religious 2. At least 35 years of age on the day of the election;
sects but the indigenous community sector. 3. Able to read and write;
4. A registered voter;
CASE: Ang Ladlad v. COMELEC 5. A resident of the Philippines for not less than 2 years
Ang Ladlad is an organization composed of men and immediately preceding the day of the election.
women who identified themselves as LGBTs. Ang Ladlad
applied for registration with the COMELEC. CASE: Grace Poe-Llamanzares v. COMELEC
The COMELEC dismissed the petition on moral Is Grace Poe a natural born Filipino?
grounds, stating that definition of sexual orientation of the
LGBT sector makes it crystal clear that petitioner tolerates Grace Poe – adopted child of Fernando Poe Jr. and Susan
immorality which offends religious beliefs based on the Bible Roces. She then grew up and studied in the USA and changed
and the Koran. her citizenship. When FPJ ran for office, she went back to the
Ang Ladlad argued that the denial of accreditation, Philippines and changed her citizenship again but hasn't
insofar as it justified the exclusion by using religious dogma, renounced her US passport yet. Then, FPJ died and Grace Poe
violated the constitutional guarantees against the ran instead and she won as a Senator. She then ran for
establishment of religion. Is this argument correct? Presidential office at the time of Duterte.

RULING: To know her nationality, the nationality of her parents must be

The argument of COMELEC is untenable. It was a known. But she is adopted. What made the issue more
grave violation of the non-establishment clause for the complicated is her changing of citizenship.
COMELEC to utilize the Bible and the Koran to justify the
exclusion of Ang Ladlad. At bottom, what our RULING:
non-establishment clause calls for is government neutrality in Yes. There is a high probability that Grace Poe’s
religious matters. Clearly, the governmental reliance on parents are Filipinos. Her physical features are typical of
religious justification is inconsistent with this policy of Filipinos.
neutrality. The Court pronounced that foundlings are as a class,
natural born citizens.
Non-establishment clause under the 1987 Constitution –
the government shall not be in favor of any religion. NOTE: Foundlings are considered as natural born citizens of
the place where they are found.
CASE: Atong Paglaum v. COMELEC
Is it necessary for a party-list nominee to actually NOTE: SC also explained that if Grace Poe does not identify
belong to the marginalized sector that he seeks to represent? as a Filipino, why did she need to change her citizenship when
she lived in the US? Her use of her US passport was also
RULING: contended to be a revocation of her Filipino citizenship. The
A nominee who does not actually possess the SC answered that it is not hard to be a Filipino when she was
marginalized and underrepresented status represented by the formerly a Filipino.
party-list group but proves to be a genuine advocate of the
interest and concern of the marginalized and WHAT IS THE ENROLLED BILL THEORY?
underrepresented sector represented is still qualified to be a ● An enrolled bill is one duly introduced and finally
nominee. passed by both Houses, authenticated by the proper
officers of each and approved by the President.
WHAT ARE THE TERMS OF OFFICE OF A MEMBER ● The presumption is an enrolled bill is constitutional.
OF A MEMBER OF HOR AND A SENATOR? ● It is conclusive upon the courts as regards the tenor of the
(H-3-3-S-2-6) measure passed by Congress and approved by the
President.
● House of Representatives – 3 consecutive terms (3 years
each terms) GR: Not all bills are required to originate from the Congress.
● Senate – 2 consecutive terms (6 years each terms) EXCEPTION: There are just specific bills that are required to
originate from the Congress.
WHAT ARE THE QUALIFICATIONS FOR A
SENATOR?
1. Natural-born citizen of the Philippines;
WHAT BILLS ARE REQUIRED BY THE
CONSTITUTION TO ORIGINATE EXCLUSIVELY LEGISLATIVE INQUIRY
FROM THE HOUSE OF REPRESENTATIVES? “The HoR or the Senate or any of its respective
(A-P-R-I-L) committees may conduct inquiries in aid of legislation under
its duly issued procedure.” (1987 Constitution, Art. VI, Sec.
1. Appropriation Bills – passed by the Congress for 21)
budget. When it becomes a law, it is called
Appropriation Law or General Appropriation Act In aid of legislation – conducted to eventually pass a law that
(GAA). addresses the problem they discovered during committee
2. Private Bills – it applies only to small political units. hearings.
e.g. A bill that changes the name of Bulacan to
Lubakan. LEGISLATIVE CONTEMPT
3. Revenue Bills – a bill that concerns taxation.
e.g. NIRC, TRAIN Law ● The Committee, by a vote of a majority of all its
4. Bills Increasing public debts – a bill that increases members, may punish for contempt any witness before it
the debt who disobeys any order of the Committee or refuses to
5. Local Bills – a bill that creates local government be sworn or to testify or to answer a proper question by
units. the Committee or any of its members, or testifying,
testifies falsely or evasively.
These are usually from Local Government that is why it needs ● There is a warrant of arrest issued not only by the Court
to originate from the HoR. The representatives of the Local but also by the Senate and HoR.
Government in the National Government are the District ● Congress has the necessary power to punish disobedient
Representatives. witnesses for contempt and may be confined until they
agree to testify. The continuance of such imprisonment
GR: All bills must be signed by the President to become a law. only exists for the lifetime, or term, of such body. Thus,
EXCEPTION: each House lasts for only three years. However, if
imprisoned by the Senate, it is unknown because the
WHEN DOES A BILL BECOME A LAW EVEN Senate is a continuing body.
WITHOUT THE SIGNATURE OF THE PRESIDENT?
1. When he vetoed it but his veto was overridden by ⅔ WAR POWERS
votes of all the members of both Houses;
2. If the President failed to communicate his veto to the 1. What is the policy of the Philippines regarding
House from which the bill originated, within 30 days war?
after the date of receipt of the bill by the President The Philippines renounces war as an instrument of national
(lapse into law); policy (Art. II of the Constitution).
e.g. Erap forgot to sign the bill that increases the penalty for
plunder, it then lapsed into a law. He then resigned when he 2. What is the voting requirement to declare the
was being impeached (SC identified it as constructive existence of a state of war?
resignation in the case of Erap v. Arroyo). His opposition then a. 2/3 votes of both Houses;
sued him for plunder, he was then imprisoned. Arroyo b. in joint session;
pardoned him. c. voting separately.

POWERS OF THE CONGRESS NOTE: The government can only declare defensive war, and
(L-L-P-W-P-C-C) not offensive war because of Art. II of the Constitution.

1. Legislation POWER OF APPROPRIATION

2. Legislative Inquiries
e.g. Alice Guo, Harry Roque 1. What is the power of appropriation?
3. Parliamentary Immunities The spending power, called the “power of the purse” belongs
4. War Powers to the Congress, subject only to the veto power of the
5. Power of Appropriation President. It carries with it the power to specify a project or
6. Congressional Electoral Tribunal activity to be funded under the appropriation law.
7. Commission on Appointments
 2. May the Congress modify the budget proposed by
the President? Executive power is characterized as the power of the sword,
Yes. However, the Congress may only reduce but not increase which is to implement and administer laws, but it is more
the budget. than this. The Constitution gives executive power to the
President. Nevertheless, while much power is given to him,
PARLIAMENTARY IMMUNITIES much is also expected. The limits of his powers are provided
in the Constitution to prevent capricious and despotic exercise
“A Senator or Member of the HoR shall, in all (Cruz, 2014).
offenses punishable by not more than 6 years imprisonment,
be privileged from arrest while the Congress is in session. No PRESIDENTIAL ELECTORAL TRIBUNAL
Member shall be questioned nor held liable in any other
place for any speech or debate in the Congress or in any ● Composed of the members of the Supreme Court.
committee thereof.” (Art. VI, Section 11) ● The Presidential Electoral Tribunal (PET) is an electoral
tribunal that decides election protests involving the
CASE: People of the Philippines v. Jalosjos election of the President of the Philippines and Vice
May a Congressman convicted of statutory rape be President of the Philippines.
allowed to attend session in Congress pending appeal? e.g. Bongbong Marcos filed a petition against Leni Robredo
regarding the Vice Presidential position. He argued that Leni
Jalosjos – raped a 12-year old, he then asked if he can attend rigged the election in certain provinces in Mindanao, and one
session while his case is pending. province in Visayas and Luzon, and there was irregularity in
the election. The Court ruled that they cannot deny the fact
RULING: that the Vice President is Leni Robredo.
No. A member of Congress could only invoke the ● Chairperson: Chief Justice
immunity from arrests for relatively minor offenses, ● Members: Associate Justices
punishable at most correctional penalties. To allow
accused-appellant to attend legislative sessions would WHAT ARE THE QUALIFICATIONS FOR A
constitute an unjustified broadening of the privilege from PRESIDENT AND VICE PRESIDENT?
arrest bestowed by the Constitution upon members of the 1. A natural-born citizen of the Philippines;
Congress. 2. Able to read and write;
3. A registered voter;
CASE: Pobre v. Defensor-Santiago 4. A Philippines resident for at least 10 years before the
Can a senator-lawyer be disbarred or disciplined by election; and
the Supreme Court for statements made during a privilege 5. At least 40 years old on the day of the election (Art.
speech? VII, Section 2).

Privilege speech – all speeches made by a Member of a WHAT ARE THE TERM OF OFFICE OF A
Congress while in Congress. PRESIDENT?

RULING: 1. The President shall be voted by the people for a term

The plea of Senator Santiago for dismissal of the of 6 years, which shall begin at noon on the 30th
complaint for disbarment or disciplinary action is well-taken. day of June next following the day of the election
Indeed, her privilege speech is not actionable and shall end at noon of the same date, 6 years after
criminally or in a disciplinary proceedings under the Rules that.
of Court. 2. The President shall not be qualified for any
re-election.
No. Because the Constitution provides otherwise. “No 3. No person who has succeeded as President has
Member shall be questioned nor held liable in any other served as President for more than 4 years shall be
place for any speech or debate in the Congress or in any eligible for election to the same position at any time
committee thereof.” (Art. VI, Section 11) (1987 Constitution, Art. VII, Sec. 4).

ILLUSTRATION: Erap was removed from office after more

EXECUTIVE DEPARTMENT than 2 and a half years. Then Vice President, Arroyo, assumed
Art. VII of the Constitution office. In 2004, Erap’s term,that Arroyo assumed, expired.
 ANSWER:
QUESTION: Can Arroyo run for Presidential office? No. The Ombudsman is an independent constitutional body.
The constitutional commissions have been consistently
ANSWER: Yes. The term that she assumed was not more intended by the framers to be independent from executive
than 4 years or the unexpired term of Erap. control or supervision or any form of political influence. At
least insofar as these bodies are concerned, jurisprudence is
PRESIDENTIAL SUCCESSION UNDER ART. VII, SEC. not scarce on how the “independence” granted to these
7 OF THE CONSTITUTION bodies prevents presidential interference. (Gonzales v. OP,
President > Vice President > Senate President > Speaker of 2014)
the House > Special Election for the President
PARDONING POWER
APPOINTING POWER
● This power is provided for in Art. VII Sec. 19. Cruz
An appointment is a process of choosing an (2014) defines executive clemency as one which is
individual who must exercise the functions of a given granted to relieve the harshness of the law or correct
position or office. It may be made verbally, but it is usually mistakes in the administration of justice. The exercise of
done in writing through the commission (appointing paper). the pardoning power is optional in the President. It may
not be controlled by the legislature or reversed by the
WHO MAY BE APPOINTED BY THE PRESIDENT? courts, save only when contravening the limitations
(H-A-O-V-N) provided by jurisprudence or laws. (Cruz, 2014).
1. Heads of the executive departments; ● It may only be done when the Court already exercised its
2. Ambassadors, other public ministers, and consuls; intervention, which means already convicted with
3. Office of the armed forces; finality.
4. Those other officers of the government whose
appointments are Vested in him by the Constitution; THREE TYPES OF PARDONING POWER
and (P-C-R)
5. All other officers of the government whose
appointments are Not provided for by the law. 1. Pardon – totally declared innocent.
a. Absolute Pardon – already released
NOTE: Not all appointments of the President are final and b. Conditional Pardon – you have to comply
executory, there is a Commission on Appointments. with the condition first before availing the
pardon
QUESTION: 2. Commutation – reduce or decrease the imposable
The law allows the holder of appointive position in the penalty.
executive department hold any other office other than he is 3. Reprieve – postponement of implementation of the
presently holding. Is the law constitutional? penalty.

ANSWER: LIMITATIONS:
● It is unconstitutional in so far as the President,
department head, deputies and assistants are 1. A pardon cannot be granted in impeachment cases;
concerned. Why? Because the impeachable officers are those appointed
● All other appointive officials in the civil service are by the President, it is to avoid the excessive exercise of power
allowed to hold other office or employment in the of the President.
government during their tenure when such is allowed by 2. A pardon cannot be granted in violation of any
law or by the primary functions of their positions. election law without the recommendation of the
● However, members of the Cabinet, their deputies and COMELEC;
assistants may do so only when authorized by the 3. Pardon can be granted only after conviction by final
Constitution itself. judgment.
Why? Because if the President would interfere with the court
QUESTION: proceedings, it would contravene the Doctrine of Separation of
Does the President have disciplinary jurisdiction over Deputy Powers.
Ombudsman?
OTHER POWERS OF THE PRESIDENT
● Removal power (P-V-S-O-C)
● Borrowing power (Article VII, Section 20)
● Diplomatic power (Article VII, Section 21) 1. President
● Budgetary power (Article VII, Section 22) 2. Vice President
● Informing power (Article VII, Section 23) 3. Members of the Supreme Court
● Power to Call the Congress in Special Session (Article 4. Members of Ombudsman
VI, Section 15); 5. Members of Constitutional Commission
● Tariff and Emergency Powers, through delegation
(Article VI, Sections 23(2) & 28(2)). GROUNDS FOR IMPEACHMENT
(C-T-B-O-G-B)
PRESIDENTIAL IMMUNITY
1. Culpable violation of the Constitution – it is the
● Jurisprudence dictates that the presidential immunity wrongful and intentional disregard of the
from suit is preserved, even though not expressly Constitution. The act must be measured and
reserved in the 1987 Constitution. The President is given motivated by bad faith. Mere mistake in the
the immunity from suit to guarantee the exercise of interpretation of the Constitution cannot be
Presidential responsibilities and functions unrestricted considered a valid ground for impeachment (Cruz,
from any hindrance or distraction. The position of the 2014).
Chief Executive of the Government necessitates all of the 2. Treason – under Art. 114 of the RPC, treason is
holder’s time and demands undivided attention to his committed by any person who, owing allegiance to
duties. the Government of the Philippines, levies war
● Immune from any suit while in office, except against it or adheres to its enemies, giving them aid
impeachment because of the Constitutional provision and comfort.
that states “he may be impeached.” 3. Bribery – under the RPC, bribery is committed by
● Settled is the doctrine that the President, during his tenure any public officer who shall agree to perform an act
of office or actual incumbency, may not be sued in any or refrain from doing an act while he is officially
civil or criminal case, and there is no need to provide for required to do in connection with the performance of
it in the Constitution or law. It will degrade the dignity of his official duties, in consideration of any officer,
the high office of the President, the head of State, if he promise or gift received by him personally or
can be dragged into court litigations while serving as through the mediation of another, or who shall
such. Furthermore, it is important that he be freed from accept gifts offered to him because of his office.
any form of harassment, hindrance or distraction to 4. Other High Crimes – severe and enormous nature
enable him to fully attend to the performance of his as to strike at the very life or the orderly workings of
official duties and functions. Unlike the legislative and the government.
judicial branch, only one constitutes the executive branch 5. Graft and Corruption – it is in the light of the
and anything which impairs his usefulness in the prohibited acts enumerated in the Anti-Graft and
discharge of the many great and important duties Corruption Practices Act, which was in force at the
imposed upon him by the constitution necessarily impairs time of adopting the Constitution.
the operation of the Government. 6. Betrayal of Public Trust – classified as
“inexcusable negligence of duty, tyrannical abuse of
IMPEACHMENT authority, breach of official duty by malfeasance or
Sec. 2 of Art. XI of the 1987 Philippine Constitution misfeasance, cronyism, favoritism, or obstruction of
justice.”
“The President, the Vice-President, the Members of
the Supreme Court, the Members of the Constitutional DOCTRINE OF QUALIFIED POLITICAL AGENCY
Commission, and the Ombudsman may be removed from
office, on impeachment for, and conviction of, culpable ● Those appointed by the President as Cabinet Members
violation of the Constitution, treason, bribery, graft and or Department Heads are the agents of the President.
corruption, other high crimes, or betrayal of public trust. All ● The acts of the agents bind the principal under the
other public officers and employees may be removed from Contract of Agency.
office as provided by law, but not by impeachment.” ● Under the Doctrine of Qualified Political Agency, the
President cannot deny that he is liable to any actions
IMPEACHABLE OFFICERS
 committed by the Department Heads in his or her The branch of the government which holds “neither purse nor
duties. sword” but pen. They are tasked to interpret ambiguities of
e.g. the Head of the Department of Health concerning a certain the laws.
program, the President cannot deny the fact that he allowed it.
“The judicial power shall be vested in one Supreme
MILITARY POWER Court and in such lower courts as may be established by law.
The judicial power includes the duty of the courts of
1. The President is the Commander-in-Chief of the justice to settle actual controversies involving rights which
Armed Forces of the Philippines. are legally demandable and enforceable, and to determine
– He is the manifestation that civilian authority is supreme at whether or not there has been a grave abuse of discretion
all times over the military. amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government.”
2. His military power includes the power to; (Art. VIII, Sec. 1)
(S-C-D)
a. Suspend the privilege of the writ of habeas corpus; 2 POWERS OF THE JUDICIARY
b. Command all the Armed Forces of the Philippines; 1. settle actual controversies involving rights which are
c. Declare martial law (Art. VII, Sec. 18, 1987 legally demandable and enforceable,
Constitution). 2. to determine whether or not there has been a grave
– Subject to the scrutiny by the members of the Congress, abuse of discretion amounting to lack or excess of
because under the Constitution, the President shall submit a jurisdiction on the part of any branch or
written report within 48 hours after the declaration to the instrumentality of the Government. (Judicial Review)
Honorable Members of the Congress to check the factual and
legal basis of the President for the declaration. INDEPENDENCE OF THE JUDICIARY

GROUNDS FOR THE DECLARATION OF MARTIAL The Supreme Court is a constitutional body. It cannot be
LAW abolished nor may its membership or the manner of its
1. Invasion; and meetings be changed by mere legislation. (Art. VIII, Sec. 4)
2. rebellion when public safety requires it. – The power of the Supreme Court is from the Constitution,
and the Constitution cannot be changed by mere passage of a
NOTE: The initial duration of Martial Law is only 60 days, law because it would violate the Constitution, under Art.
and may be extended. XVII, Amendments and Revision.

MARTIAL LAW The members of the Supreme Court may not be removed
except by impeachment (Art. XI, Sec. 2).
● The Supreme Court may review, in an appropriate – “may not” which means permissive or directory
proceeding filed by any citizen, the sufficiency of the – e.g. Chief Justice Sereno was removed from office, not by
factual basis of the proclamation of martial law or the impeachment but by quo warranto proceedings. The SC ruled
suspension of the privilege of the writ of habeas corpus that it is not required that the members of the Supreme Court
or the extension thereof, and must promulgate its be removed by impeachment only.
decision thereon within thirty days from its filing.
● Under Art. VIII, Sec. 1 of the Constitution. Appointees to the judiciary are now nominated by the
Judicial and Bar Council and no longer subject to
confirmation by the Commission on Appointments. (Art.
JUDICIAL DEPARTMENT VIII, Sec. 9)
Art. VIII of the Constitution – JBC submits the short list of names to the President to be
appointed to the SC when there is vacancy.
There is no doubt that the success of the Republic will depend
upon the effectiveness of the courts in upholding the majesty The Supreme Court has exclusive power to discipline judges
of justice and the principle that ours is a government of laws of lower courts. (Art. VIII, Sec. 11)
and not of men. – Justice Isagani Cruz, 2014 – Even though it is the President that appoints the members of
the Supreme Court and other lower courts, it is only the
JUDICIARY Supreme Court who has the power to discipline judges
because they are members of the Bar.
The Supreme Court now has administrative supervision over Is law teaching a practice of law? Yes, because there is legal
all lower courts and their personnel. (Art. VIII, Sec. 6) knowledge, training, and experience.
– The Supreme Court appoints the item, stenographer, clerk of
courts, and other employees of the courts. Can the Congress enact laws to regulate the practice of law in
the Philippines?
The judiciary enjoys fiscal autonomy. (Art. VIII, Sec. 3) No. The 1987 Constitution does not provide for the
power of the legislature to repeal, alter and supplement the
QUESTION: Do the expenses of the Supreme Court pass by Rules promulgated by the Supreme Court.
the Commission on Audit?
ANSWER: No. Does the Supreme have the power to have its own rules? Does
the Supreme Court have a quasi-legislative function?
QUESTION: Do the Supreme Court and lower courts get Yes. That is why there is the Rules of Court.
flagged on their expenses?
ANSWER: No. Only the Supreme Court can flag on the lower Can the Congress pass a law lowering the passing rate for bar
courts. And no one flags the expenses of the courts. examinees?
No. The admission, suspension, disbarment and
JUDICIAL POWERS reinstatement of attorney at law in the practice of the
profession is a judicial function. The power to lower the
Traditional Power passing rate for Bar Examinations remains vested with the
– settlement of conflicting rights as conferred by law. Supreme Court. (IN RE: Cunanan, 1954)

Broadened Power DOCTRINE OF HIERARCHY OF COURTS

– power to review the exercises of authority of the other
departments and other instrumentalities of the government. “A case must be filed first before the lowest court possible
having the appropriate jurisdiction, except if one can advance
JUDICIAL SUPREMACY special reason which would allow a party a direct resort to a
higher court.” (Riano, 2014)
– refers to the power of the Court to review the other
departments and instrumentalities of the government in Municipal Trial Court > Regional Trial Court > Court of
cases where there is “grave abuse of discretion.” Appeals > Supreme Court

ILLUSTRATION: COURT v. JUDGE

Harry Roque told the Supreme Court that his rights are being
violated and there is a threat to his life because of the hearings Court – the organ of government belonging to the judicial
conducted by the Congress. The Supreme Court ruled in the department (permanent)
final judgment that they cannot grant his request for a Judge – the officer of the court (dispensable)
temporary restraining order, because the writ of amparo can
only be applied when there is extrajudicial killings or serious
threat to his life. There is no existence of either of the
requisites, he was only being asked to attend the hearing.

DEFINE “PRACTICE OF LAW”

It is the Supreme Court who has the exclusive administrative

power to discipline and admit members of the bar.

Practice of Law – “any activity in and out of court which

requires the application of law, legal principle, practice or
procedure and calls for legal knowledge, training and
experience.” (Cayetano v. Monsod)