CONSTITUTIONAL LAW REVIEWER

Based on Hector De Leon | 1987 Philippine Constitution

GENERAL PRINCIPLES OF CONSTITUTIONAL LAW
1. What is a Constitution?

Definition (De Leon):

The Constitution is the written instrument by which the fundamental powers of the government are
established, limited, and defined, and by which those powers are distributed among several departments for
their safe and useful exercise for the benefit of the people.

Simplified:
A Constitution is the supreme law that tells how the government is supposed to work. It sets up the rules,
powers, and limits of each branch, and protects the rights of the people.

2. Kinds of Constitution

1. According to form:
o Written – Documented (e.g., 1987 Constitution)
o Unwritten – Based on customs/traditions (e.g., UK)
2. According to origin:
o Enacted – Formally made by a constituent body or people
o Evolved – Developed through tradition (again, UK)
3. According to manner of amending:
o Rigid – Difficult to amend (Philippine Constitution)
o Flexible – Can be changed like ordinary laws

3. Constitutional Law vs. Other Laws

Constitutional Law Statutory Law (e.g., RA)

Supreme law of the land Inferior to the Constitution
Needs people’s ratification Passed by Congress
Cannot contradict the Constitution Must conform to it

Supremacy Clause: Any law inconsistent with the Constitution is void (Art. VII, Sec. 17)

4. Essential Characteristics of the Constitution

 Supremacy – It’s the highest law.

 Comprehensiveness – Covers all branches and fundamental rights.
 Permanence – Not easily changed.
 Brevity – It states only the fundamental laws.

INHERENT POWER OF THE STATE

Power Definition Purpose Constitutional Basis

The power of the State to To enact laws that promote Not expressly stated but implied
Police regulate liberty and property public health, safety, in the Constitution under the
Power for the promotion of the morals, and general general welfare clause (Art. II,
general welfare. welfare. Sec. 5 & Sec. 6).
Power Definition Purpose Constitutional Basis
The power of the State to take To convert private property
Power of Art. III, Sec. 9: “Private property
private property for public use for projects or uses
Eminent shall not be taken for public use
upon payment of just beneficial to the public
Domain without just compensation.”
compensation. (e.g., roads, schools).
The power of the State to To raise revenue to fund Art. VI, Sec. 28(1): “The rule of
Power of
demand enforced contributions government operations and taxation shall be uniform and
Taxation
(taxes) for public purposes. services. equitable.”

DOCTRINES TO REMEMBER
Parens Patriae Doctrine

Definition:
The government acts as the “parent of the people”, especially for those who cannot protect themselves
(e.g., minors, mentally ill).

Case Example:
Yrasuegui v. PAL (G.R. No. 168081, Oct. 17, 2008) – The Court upheld PAL’s policy on obesity, ruling
that public welfare can limit individual rights under parens patriae.

State Immunity / Non-Suability of the State

Doctrine:
“The State cannot be sued without its consent.”

Basis:
Article XVI, Section 3 of the Constitution
This protects government functions from being paralyzed by lawsuits.

Exceptions (When the State consents):

1. Express consent – by law (e.g., Act No. 3083)

2. Implied consent – when it enters into a commercial transaction

Case Example:
Republic v. Sandiganbayan (G.R. No. 112708) – Government not liable unless it gives consent.

Doctrine of Incorporation

Meaning:
Customary international law is part of Philippine law without needing a local law, if not contrary to the
Constitution.

Basis:
Article II, Section 2 – The Philippines adopts international law.

Case Example:
Mejoff v. Director of Prisons (G.R. No. L-4254, Sept. 27, 1951) – International human rights standards
were considered.

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 the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines.”
EXPLANATION (Based on De Leon + Simplified Notes)

Purpose of this Article:

To clearly define what areas are part of the Philippine territory — on land, sea, and air — for legal and
sovereignty purposes.

Key Terms Explained:

1. Philippine Archipelago
o A group of islands (7,641) forming one unit.
o Includes Luzon, Visayas, Mindanao, and all small islands.
2. Terrestrial, Fluvial, and Aerial Domains
o Terrestrial – land area
o Fluvial – rivers and inland waters
o Aerial – the airspace above the territory
3. Territorial Sea
o 12 nautical miles from the baseline (as per UNCLOS)
4. Seabed, Subsoil, Insular Shelves, Submarine Areas
o The areas under the sea, still under Philippine control and for exploitation (e.g., for minerals
or oil).
5. Internal Waters
o Waters between, around, and connecting the islands.
o The Philippines treats these as part of its full sovereignty, unlike “international waters.”

IMPORTANT DOCTRINES & PRINCIPLES

Archipelagic Doctrine

 The Philippines is viewed as one united whole, not broken islands.

 Used to protect internal waters as part of national sovereignty.

Source:
Article II, Sec. 7 of UNCLOS (United Nations Convention on the Law of the Sea)

"National territory includes land, air, and sea, plus the seabed, subsoil, internal waters, and
even other territories under Philippine control."

LANDMARK CASES / SAMPLE APPLICATIONS

Magallona v. Executive Secretary

(G.R. No. 187167, July 16, 2011)

Issue: Constitutionality of the Philippine Baselines Law (RA 9522) which implemented UNCLOS

Ruling: The law is constitutional. It affirms the archipelagic doctrine and aligns with international law.
Importance: Even if it adjusts technical definitions for international compliance, it still upholds national
sovereignty.

Bayan Muna v. Romulo

(G.R. No. 159618, Feb. 1, 2011)

Issue: Is the RP-US Mutual Logistics Support Agreement valid?

Ruling: Yes. The Court held that the Executive may enter into agreements involving national territory and
defense, so long as constitutional processes are followed.

Importance: Reinforced the idea that foreign relations involving territory must not compromise
sovereignty.

REVIEW TIPS:

 Always connect Article I to issues of sovereignty, maritime disputes (e.g., West Philippine Sea), and
defense.
 Remember that internal waters are treated like land territory — subject to full sovereignty.
 Know the difference between “territorial sea” and “exclusive economic zone (EEZ)” – the latter
goes beyond territory but grants economic rights.

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE

POLICIES
This Article outlines the guiding beliefs and state objectives that shape the governance of the Philippines.
While generally non-self-executory (i.e., not directly enforceable in court), they are used to interpret laws
and government actions.

SECTION 1

"The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them."

Explanation:

 Democratic – power is exercised through elections and people’s participation.

 Republican – governed by law; public officials are accountable.
 Sovereignty resides in the people – ultimate power belongs to the citizens.
 All authority emanates from them – no official can have power without public consent.

Landmark Case:

Lambino v. COMELEC (G.R. No. 174153, Oct. 25, 2006)

 Issue: Was the people’s initiative valid in amending the Constitution?

 Ruling: No. The Supreme Court said that while sovereignty resides in the people, it must be
exercised in accordance with the Constitution.

Doctrine: People's sovereignty must still follow legal procedures set by the Constitution.

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."

Explanation:

 Renounces war: Philippines will not use war to settle disputes.

 Incorporation Doctrine: International law is part of local law even without legislation.
 International relations must be peaceful and respectful.

Landmark Case:

Kuroda v. Jalandoni (G.R. No. L-2662, March 26, 1951)

 Issue: Can an international war crimes tribunal be created?

 Ruling: Yes. International laws and treaties (e.g., Hague and Geneva Conventions) are part of
Philippine law.

Doctrine: Under the Incorporation Clause, generally accepted principles of international law are
automatically binding.

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."

Explanation:

 Civilian supremacy means elected officials (e.g., the President) control the military.
 AFP protects not only land but also democratic institutions.

Landmark Case:

Integrated Bar of the Phils. v. Zamora (G.R. No. 141284, Aug. 15, 2000)

 Issue: Can the President deploy the military to support the police?
 Ruling: Yes. As commander-in-chief, the President can call the military even without martial law.

Doctrine: Civilian leadership controls the military, but the AFP can be called upon to maintain peace and
order.

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."

Explanation:

 Government exists to serve citizens.

 Citizens have a reciprocal duty to defend the country if required (e.g., conscription).

Landmark Case:
People v. San Juan (G.R. No. L-41925, Jan. 30, 1935)

 Issue: Refusal to perform military service

 Ruling: The government has the right to compel military service in defense of the State.

Doctrine: Duty to defend the State may include compulsory service, provided it’s within the law.

SECTION 5

"The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of the blessings of democracy."

Explanation:

 Peace and order is not just a right; it’s a precondition for democracy.
 Government must actively protect life, liberty, and property to ensure freedom.

Landmark Case:

Tanada v. Tuvera (G.R. No. L-63915, Dec. 29, 1986)

 Issue: Can unpublished laws be enforced?

 Ruling: No. Laws must be published to ensure the people know their rights and duties.

Doctrine: General welfare includes giving citizens proper notice of laws that affect their liberty and
property.

SECTION 6

"The separation of Church and State shall be inviolable."

Explanation:

 Government must not favor or fund any religion.

 Religious groups must not control government policies.
 Both can exist side-by-side, but separately.

Landmark Case:

Estrada v. Escritor (A.M. No. P-02-1651, June 22, 2006)

 Issue: Can a public employee invoke religious freedom to justify moral misconduct?
 Ruling: Yes, if the act is sincerely based on religious belief and does not harm public interest.

Doctrine: Separation of Church and State does not bar reasonable accommodation of religion, especially
when no law is violated.

ARTICLE II — DECLARATION OF PRINCIPLES AND 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."

Explanation:

 Independent foreign policy = Philippines must act on its own interests, not be dictated by foreign
powers.
 Prioritizes:
o Sovereignty (no interference)
o Territorial integrity (no giving up land)
o National interest (benefit of Filipinos)
o Right to self-determination (Filipinos decide their own fate)

Landmark Case:

Bayan Muna v. Romulo (G.R. No. 159618, Feb. 1, 2011)

 Issue: Whether the Mutual Logistics Support Agreement with the U.S. violates the Constitution
 Ruling: No, as long as it upholds national interest and is within the President’s powers.

Doctrine: The President can make foreign policy decisions, but these must still promote sovereignty and
independence.

SECTION 8

"The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory."

Explanation:

 No nuclear weapons on Philippine soil, land, or waters.

 Even allies cannot bring nukes here (e.g., U.S. warships with nuclear arms).

Relevant Law:

R.A. No. 7638 (Department of Energy Law) and Treaty on the Non-Proliferation of Nuclear Weapons
(NPT)
Philippines is a signatory to global nuclear disarmament and respects the Constitution’s anti-nuke stance.

SECTION 9

"The State shall promote a just and dynamic social order..."

Explanation:

 Government should ensure equality, human dignity, and a just society, especially for the
marginalized.
 “Dynamic” = responsive to changing needs (e.g., inflation, poverty).

Landmark Case:

Tolentino v. Secretary of Finance (G.R. No. 115455, Oct. 30, 1995)

  Issue: Is the VAT law unconstitutional for being anti-poor?
 Ruling: No. The law is meant to raise funds for national programs and is not discriminatory.

Doctrine: Social justice may justify burdens (like taxes) if the overall result is fair for the nation.

SECTION 10

"The State shall promote social justice in all phases of national development."

Explanation:

 Social justice = equal access to resources, protection of the poor.

 Applies to labor, land reform, education, etc.

Landmark Case:

Calalang v. Williams (G.R. No. 47800, Dec. 2, 1940)

 Issue: Is a law restricting the use of roads by certain vehicles a denial of social justice?
 Ruling: No. The law aimed to reduce traffic and benefit the public.

Doctrine: Social justice includes balancing public good with private rights.

SECTION 11

"The State values the dignity of every human person and guarantees full respect for human rights."

Explanation:

 All laws and government actions must respect human dignity.

 Even prisoners and criminals have human rights.

Landmark Case:

People v. Hernandez (G.R. No. L-6025, July 18, 1956)

 Issue: Can a political prisoner be charged with rebellion and common crimes?
 Ruling: No. Rebellion absorbs crimes committed in its course.

Doctrine: Human rights protect political expression, especially in authoritarian contexts.

SECTION 12

"The State recognizes the sanctity of family life..."

Explanation:

 The government must help families (e.g., health, income, education).

 Family is the basic social unit.

Landmark Case:

Poe v. COMELEC (G.R. No. 221697, March 8, 2016)

  Issue: Can a foundling like Grace Poe be presumed a natural-born citizen?
 Ruling: Yes. The Constitution protects the family and children’s rights.

Doctrine: The Constitution protects children and families from legal discrimination.

SECTION 13

"The State recognizes the vital role of the youth in nation-building..."

Explanation:

 Government must protect youth against exploitation, drugs, and violence.

 Also provide education, moral guidance, and leadership opportunities.

Landmark Case:

Imbong v. Ochoa (G.R. No. 204819, April 8, 2014 – RH Law Case)

 Issue: Does the RH Law violate the rights of youth and parents?
 Ruling: Law is constitutional, but parental consent for minors is required.

Doctrine: Youth rights must be balanced with family values and public health.

SECTION 14

"The State recognizes the role of women in nation-building..."

Explanation:

 Women should be given equal opportunities and protection from discrimination or violence.

Landmark Case:

Garcia v. Drilon (G.R. No. 179267, June 25, 2013)

 Issue: Is the Anti-VAWC law valid even if it seems gender-specific?

 Ruling: Yes. It protects women from domestic abuse, consistent with the Constitution.

Doctrine: The Constitution permits special protection for women due to historical inequality.

SECTION 15 to 28 (brief summaries with examples for easier recall)

Section Core Policy Landmark Support
Right to health and healthy Oposa v. Factoran (G.R. No. 101083) – Intergenerational
15
environment responsibility for the environment
16 Right to balanced ecology Oposa v. Factoran again applies
Tañada v. Angara (G.R. No. 118295) – Education includes
17 Priority to education, science, culture
international treaties
Phil. Airlines v. Pascua – Workers cannot be terminated
18 Protection of labor
arbitrarily
Association of Small Landowners v. Secretary of Agrarian
19 Agrarian reform
Reform – CARP is valid
20 Industrialization and employment Seen in job creation programs (no landmark case)
21 Right to meaningful participation COMELEC cases affirm people's involvement
Section Core Policy Landmark Support
Promotion of rights of indigenous Cruz v. Secretary of Environment and Natural Resources –
22
cultural communities Upheld IPRA law
Corpus v. Cuaderno – NGO participation in housing
23 Encouragement of NGOs
programs
Role of communication and
24 Chavez v. Gonzales – Free press is protected
information
25 Self-reliant economy and patrimony La Bugal v. Ramos – Foreign ownership must be limited
Equal access to opportunities in public
26 Civil Service Commission rulings on merit-based hiring
service
Estrada v. Sandiganbayan – President can be tried for
27 Honesty and integrity in public service
corruption
Transparency and access to
28 Chavez v. PCGG – Right to information upheld
information

ARTICLE III — BILL OF RIGHTS

(Detailed Reviewer with Landmark Cases | Based on Hector De Leon)

Purpose: This Article protects individual rights and liberties against government abuse. It limits State
power and ensures due process, equal protection, and freedom.

SECTION 1

"No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws."

Explanation:

Due Process of Law

 There must be fair procedures before the government can take your life, liberty, or property.
 Two kinds:
o Substantive – The law itself must be fair and reasonable.
o Procedural – The manner of enforcement must be fair.

Equal Protection Clause

 The law must treat people equally in similar circumstances.

 Allows reasonable classification, but must pass the "tests of valid classification":
1. Substantial distinction
2. Germane to the purpose of the law
3. Not limited to existing conditions
4. Applies equally to all in the same class

Landmark Cases:

Ang Tibay v. CIR (G.R. No. L-46496, Feb. 27, 1940)

Set the 7 basic requirements of procedural due process in administrative proceedings.

Ynot v. IAC (G.R. No. 74457, March 20, 1987)

Confiscating animals without hearing violates due process.

People v. Cayat (G.R. No. L-45987, May 5, 1939)

Law prohibiting Filipinos from buying alcohol was struck down as discriminatory and violated equal
protection.

SECTION 2

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures shall be inviolable..."

Explanation:

 This protects the privacy and security of individuals from government intrusion.
 Requires a valid search warrant or arrest warrant, except in recognized warrantless situations.

Requirements of a Valid Warrant:

1. Issued by a judge
2. Based on probable cause
3. Probable cause determined personally by the judge
4. Supported by oath or affirmation
5. Particularly describes the place to be searched and items to be seized

Landmark Cases:

People v. Aruta (G.R. No. 120915, Apr. 3, 1998)

A warrantless search based on unreliable tip is invalid.

Valmonte v. De Villa (G.R. No. 83988, Sept. 29, 1989)

Military checkpoints are constitutional if not arbitrary.

Stonehill v. Diokno (G.R. No. L-19550, June 19, 1967)

Warrants that are general (no specifics) are void.

SECTION 3

(1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose
in any proceeding.

Explanation:

 Communications (texts, calls, letters, emails) are protected.

 Can only be accessed by court order or in cases of national security, and only if prescribed by
law.
 Exclusionary Rule: Evidence obtained illegally (without warrant or proper basis) is inadmissible.

Landmark Case:
Zulueta v. Court of Appeals (G.R. No. 107383, Feb. 20, 1996)

A wife broke into her husband’s clinic to get evidence of infidelity.

Held: Even spouses can’t violate this right; evidence is inadmissible.

People v. Marti (G.R. No. 81561, Jan. 18, 1991)

Private individuals (like store owners) who inspect packages without police cooperation do not violate this
right.

SECTION 4

"No law shall be passed abridging the freedom of speech, of expression, or of the press..."

Explanation:

 The right to speak freely, express opinions, and publish news without government censorship.
 Covers symbolic acts (e.g., protest), media, art, and even online content.

Landmark Cases:

Chavez v. Gonzales (G.R. No. 168338, Feb. 15, 2008)

Gov’t warned media not to air Garci tapes.

SC ruled: This was prior restraint, and violated freedom of the press.

Soriano v. Laguardia (G.R. No. 164785, Apr. 29, 2009)

TV host suspended by MTRCB for offensive language.

Held: While freedom of speech is protected, it is not absolute — especially for regulated broadcast media.

SECTION 5

"No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof..."

Explanation:

 This provides for freedom of religion, including:

o Non-establishment – State cannot favor or fund any religion.
o Free exercise – People can practice their religion freely, unless it violates public safety or
morals.

Landmark Case:

Ebralinag v. Division Superintendent of Schools of Cebu (G.R. No. 95770, March 1, 1993)

Jehovah’s Witness students refused to salute the flag for religious reasons.
Held: Expelling them violated religious freedom.

SECTION 6

“The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired
except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.”

Explanation:

 Liberty of abode: You can live anywhere in the country. You can also change your residence
freely.
 Right to travel: You can go wherever you want — inside or outside the country.
 These rights can only be limited with legal basis, and usually by court order or law.

Landmark Cases:

Marcos v. Manglapus (G.R. No. 88211, Sept. 15, 1989)

The Marcos family was barred from returning to the Philippines.

Held: The President can restrict return if national interest is at risk (e.g., social unrest).

Genuino v. De Lima (G.R. No. 197930, April 17, 2018)

DOJ issued watchlist orders restricting travel.

Held: Travel restrictions require a court order; DOJ cannot act alone.

SECTION 7

“The right of the people to information on matters of public concern shall be recognized.
Access to official records and to documents... shall be afforded the citizen...”

Explanation:

 Citizens have the right to know what the government is doing, especially on public spending,
policies, and performance.
 Includes right to access:
o Government contracts
o SALNs of officials
o Bidding documents, audit reports

Landmark Case:

Chavez v. PCGG (G.R. No. 130716, Dec. 9, 1998)

Petition to access Marcos wealth recovery documents.

Held: Public has the right to know because it's a matter of public concern.

Doctrine: Access to information is essential to democracy and accountability.

SECTION 8

“The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.”

Explanation:

 Everyone can organize or join groups, unions, or associations, as long as the purpose is lawful.
 This is the basis of:
 o Labor unions
o Civil society groups
o Student organizations
o Religious associations

Landmark Case:

Victoriano v. Elizalde Rope Workers' Union (G.R. No. L-25246, Sept. 12, 1974)

A religious objector refused to join a union.

Held: His religious freedom outweighs the requirement to join.

Doctrine: Right to association includes the right not to be forced to associate.

SECTION 9

“Private property shall not be taken for public use without just compensation.”

Explanation:

 Government can take private land (called expropriation) for roads, schools, military use, etc.
 But the owner must be:
o Paid just compensation
o The taking must be for public use

Landmark Case:

Republic v. Castellvi (G.R. No. L-20620, Aug. 15, 1974)

Gov’t occupied land for military but delayed payment.

Held: Taking happens when property is lost, not when payment is delayed.

Doctrine: Just compensation must be prompt and adequate, or it's a violation of rights.

SECTION 10

“No law impairing the obligation of contracts shall be passed.”

Explanation:

 Contracts must be honored. The government cannot pass laws that invalidate, change, or interfere
with private agreements.

Landmark Case:

Oposa v. Factoran (G.R. No. 101083, July 30, 1993)

Logging contracts that harm the environment were challenged.

Held: Contract rights must give way to environmental and constitutional values.

Doctrine: Obligation of contracts is protected — unless public welfare justifies regulation.

SECTION 11
“Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.”

Explanation:

 Even the poor have the right to be heard in court.

 Legal aid must be available (e.g., from the Public Attorney’s Office or IBP).
 Filing fees may be waived for indigent litigants.

Relevant Case:

Cariño v. Commission on Human Rights (G.R. No. 96681, Dec. 2, 1991)

Emphasized that legal rights must be accessible even to marginalized sectors.

Doctrine: Justice is for all, not just the rich.

SECTION 12

(1) Any person under investigation... shall have the right to be informed of his right to remain silent and to
have competent and independent counsel...
(2) No torture, force, violence... shall be used against him.
(3) Confession obtained in violation is inadmissible.

Explanation:

 Rights of a person under custodial investigation (usually by the police):

o Right to remain silent
o Right to counsel (if poor, free counsel must be provided)
o Right to be told these rights (Miranda doctrine)
 No torture, threats, or coercion.
 Any confession made without these rights is invalid in court.

Landmark Case:

People v. Galit (G.R. No. L-51770, March 20, 1985)

Confession obtained without counsel.

Held: Inadmissible, even if voluntarily made.

People v. Saldua (G.R. No. 203040, March 5, 2018)

Accused signed waiver and gave confession without understanding his rights.
Held: Rights were violated, confession was inadmissible.

Doctrine: These rights apply at the moment the investigation becomes accusatory or custodial.

SECTION 13

"All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties..."

Explanation:
  Bail = temporary release from jail before trial by posting bond or recognizance.
 As a rule: Everyone has the right to bail except:
o When charged with an offense punishable by reclusion perpetua/life
o AND evidence of guilt is strong

Landmark Case:

People v. Cabral (G.R. No. L-85649, May 6, 1988)

Bail denied because accused was charged with a capital offense.

Held: Bail may be denied if evidence is strong, regardless of poverty.

Doctrine: Right to bail is not absolute. Courts must hear evidence first before denial.

SECTION 14

(1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved..."

Explanation:

 Due process requires formal charges, right to be heard, right to counsel.

 Presumption of innocence = burden is on the prosecution.
 Right to be heard includes:
o Right to counsel
o Right to be present
o Right to confront witnesses

Landmark Case:

People v. Mingoa (G.R. No. L-39117, May 25, 1984)

Accused was convicted without proper trial.

Held: Conviction without due process is void.

Doctrine: Accused must be given a fair opportunity to defend oneself.

SECTION 15

"The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion
when the public safety requires it."

Explanation:

 Habeas Corpus = “you should have the body”

 It protects against illegal detention.
 Suspension allowed only when:
1. There is invasion or rebellion
2. Public safety requires it

Landmark Case:

Lansang v. Garcia (G.R. No. L-33964, Dec. 11, 1971)

President suspended habeas corpus.
Held: The Supreme Court can review whether suspension is justified.

Doctrine: Suspension is not absolute — it is subject to judicial review.

SECTION 16

"All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies."

Explanation:

 Delays in trial violate this right, even in administrative proceedings.

 Applies in:
o Courts
o COMELEC
o Ombudsman
o NLRC

Landmark Case:

Coscolluela v. Sandiganbayan (G.R. No. 191411, July 15, 2013)

Delay of almost 6 years before filing charges.

Held: Case dismissed due to violation of the right to speedy disposition.

Doctrine: Delay must be justified, and the accused must not have contributed to it.

SECTION 17

"No person shall be compelled to be a witness against himself."

Explanation:

 This protects against forced confessions and self-incrimination.

 The accused can refuse to answer questions that may be used against them.
 Applies in:
o Custodial investigation
o Congressional inquiries
o Administrative cases (to a limited extent)

Landmark Case:

People v. Ayson (G.R. No. 85215, July 7, 1989)

Accused confessed under duress.

Held: Violation of right against self-incrimination, confession inadmissible.

Doctrine: Any form of coercion, even subtle, invalidates confession.

SECTION 18

(1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude... except as punishment for a crime...
Explanation:

 Political detention is prohibited (e.g., during Martial Law).

 Involuntary servitude = forced labor or services without consent, except:
o As punishment for crime
o Compulsory military or civil service (see Art. II, Sec. 4)

Landmark Case:

People v. Estrada (G.R. Nos. 148560-61, Nov. 19, 2001)

Estrada was charged with plunder; argued political persecution.

Held: Detention was legal, not political.

Doctrine: Political beliefs cannot be criminalized unless connected with illegal acts.

SECTION 19

(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
(2) Death penalty shall not be imposed, unless for heinous crimes..."

Explanation:

 Prohibits torture, inhuman conditions, and excessive penalties.

 Death penalty allowed only if Congress passes a law for heinous crimes.
 Currently, no death penalty in the Philippines (repealed in 2006 via R.A. No. 9346).

Landmark Case:

People v. Echegaray (G.R. No. 117472, Feb. 7, 1997)

First execution after reinstatement of death penalty.

Held: Law was constitutional at the time; applied with due process.

Doctrine: Death penalty is constitutional only if passed by law and applied to heinous crimes.

SECTION 20

"No person shall be imprisoned for debt or non-payment of a poll tax."

Explanation:

 You cannot be jailed just because you owe money.

 Also applies to failure to pay community tax certificate (cedula).

Exceptions: If the debt is from a criminal act (e.g., estafa), imprisonment is possible.

Landmark Case:

Serrano v. Serrano (G.R. No. 57110, Oct. 28, 1982)

Failure to pay support to spouse

Held: Non-payment of support is not debt — may be enforced civilly, not criminally.
SECTION 21

"No person shall be twice put in jeopardy of punishment for the same offense..."

Explanation:

 Double jeopardy bars being tried twice for:

o The same offense
o Based on the same facts
o After acquittal or conviction

Requisites:

1. A valid complaint or information

2. A court of competent jurisdiction
3. Arraignment and plea
4. Termination of the first case

Landmark Case:

People v. Bans (G.R. No. 139504, Nov. 22, 2000)

Dismissal due to prosecution’s failure to appear.

Held: Not double jeopardy if dismissal not on merits or with consent of the accused.

Doctrine: Dismissal must be equivalent to acquittal to bar another prosecution.

SECTION 22

"No ex post facto law or bill of attainder shall be enacted."

Explanation:

 Ex post facto law: A law that punishes an act that was legal when done.
 Bill of attainder: A law that declares a person guilty without trial.

Landmark Case:

Kay Villegas Kami, Inc. v. COMELEC (G.R. No. L-32485, Oct. 22, 1970)

Challenged law restricting political ads.

Held: Law was valid because it was not retroactive and did not impose punishment.

Doctrine: Retroactive laws must not penalize acts that were not crimes when committed.

SECTION 23

"The Congress shall not increase the appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and consent."

Explanation:

 Prevents Congress from forcing the Supreme Court to take on more cases than what the Constitution
allows.
  The SC must agree first before Congress can expand its appellate power (i.e., authority to review
decisions of lower courts).

Why this matters: Prevents Congress from overloading or manipulating the SC's caseload to control its
decisions.

Landmark Case:

Fabian v. Desierto (G.R. No. 129742, Sept. 16, 1998)

RA 6770 (Ombudsman Law) allowed direct appeal to SC.

Held: Unconstitutional — expanded SC jurisdiction without its consent.

Doctrine: Only the Constitution and Supreme Court’s own consent can expand its appellate reach.

SECTION 24

"All persons shall have the right to be secure in themselves, their homes, papers, and effects against
unreasonable searches and seizures, and no evidence obtained in violation thereof shall be admissible in
any proceeding."

Note: This is sometimes interpreted as reaffirming Sections 2 and 3 (search/seizure and privacy of
communications), but if treated as distinct:

Explanation:

 Reiterates protection of privacy and evidence rules, specifically applying to:

o Court proceedings
o Quasi-judicial hearings
o Any government investigation
 Any evidence obtained via:
o Illegal arrest
o Warrantless search
o Wiretapping without court order

Cannot be used in court (doctrine of the fruit of the poisonous tree).

Landmark Case:

People v. Alicando (G.R. No. 117487, Dec. 12, 1995)

Accused confessed without being informed of his rights.

Held: Confession and all derivative evidence were inadmissible.

Doctrine: Once a constitutional right is violated, all resulting evidence is tainted and cannot be used.

Article III — Bill of Rights Summary

Section Right Protected Key Concept Landmark Case
No person can be punished unfairly or
1 Due process, equal protection Ynot v. IAC
unequally
Warrant required, unless justified
2 Search and seizure People v. Aruta
exception
3 Privacy of communication Wiretaps/evidence without court order = Zulueta v. CA
Section Right Protected Key Concept Landmark Case
void
4 Freedom of speech, press No prior restraint allowed Chavez v. Gonzales
5 Religious freedom Free exercise and non-establishment Ebralinag v. DepEd
6 Liberty of abode/travel Can only be restricted for public safety Marcos v. Manglapus
7 Right to info Public access to gov’t documents Chavez v. PCGG
8 Right to associate Form unions/associations freely Victoriano v. Elizalde
9 Eminent domain Property must be paid just compensation Republic v. Castellvi
Oposa v. Factoran
10 Contracts clause Contracts cannot be impaired
(limiting case)
11 Free access to courts Even the poor have legal rights Cariño v. CHR
12 Custodial investigation Miranda rights; no forced confession People v. Galit
Not available if evidence of guilt is
13 Right to bail People v. Cabral
strong
14 Presumption of innocence Due process in trials People v. Mingoa
May only be suspended in
15 Habeas corpus Lansang v. Garcia
rebellion/invasion
16 Speedy disposition Must be tried without undue delay Coscolluela v. SB
Right against self-
17 Cannot be forced to confess People v. Ayson
incrimination
Political beliefs/involuntary
18 No forced labor or political arrest People v. Estrada
servitude
Death penalty not allowed unless
19 No cruel punishment Echegaray Case
Congress provides
20 No imprisonment for debt Cannot jail someone for unpaid loan/tax Serrano v. Serrano
21 Double jeopardy No second trial after valid acquittal People v. Bans
Kay Villegas v.
22 No ex post facto laws Cannot criminalize past legal acts
COMELEC
23 SC jurisdiction Congress can’t expand SC power alone Fabian v. Desierto
Inadmissibility of illegal
24 Fruit of the poisonous tree People v. Alicando
evidence

ARTICLE IV – CITIZENSHIP
SECTION 1

“The following are citizens of the Philippines:”

1. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution.
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority.
4. Those who are naturalized in accordance with law.

Explanation:

 This provision identifies both natural-born and naturalized citizens.

 The Philippines follows the jus sanguinis principle — citizenship by blood, not by place of birth.
 Those born before January 17, 1973 to Filipino mothers were not automatically citizens under the
1935 Constitution but were given a chance to elect citizenship upon reaching majority.
  Naturalization is governed by C.A. No. 473 (Revised Naturalization Law) and later statutes like
R.A. No. 9139 for administrative naturalization.

Landmark Case:

 Tecson v. COMELEC (G.R. No. 161434, March 3, 2004):

o Fernando Poe Jr.'s citizenship was questioned.
o The Court ruled he was a natural-born Filipino by blood despite lack of certain documents.
o Jus sanguinis upheld; citizenship by blood prevails.

SECTION 2

“Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.”

Explanation:

 Natural-born citizens are:

o Citizens at birth, and
o Did not need to elect or apply for citizenship.
 This classification is significant for eligibility to certain constitutional positions:
o President
o Vice President
o Members of Congress
o Justices of the Supreme Court
o Other positions requiring natural-born status

Landmark Case:

 Bengzon v. Cruz (G.R. No. L-52371, October 5, 1982):

o Cruz elected Philippine citizenship after birth.
o Held: He was not natural-born because he had to elect it.
o Performing any act to acquire citizenship negates natural-born status.

SECTION 3

“Philippine citizenship may be lost or reacquired in the manner provided by law.”

Explanation:

 Loss of citizenship can occur by:

o Naturalization in a foreign country
o Express renunciation of citizenship
o Subscribing to an oath of allegiance to another state
o Serving in the armed forces of another country (especially during war)
o Desertion from the Philippine armed forces during war
 Reacquisition is allowed through:
o Repatriation
o R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003)

Landmark Case:

 Frivaldo v. COMELEC (G.R. No. 87193, June 23, 1989):

o Frivaldo was disqualified for holding office after acquiring U.S. citizenship.
 o He later repatriated and was ruled to have reacquired his Philippine citizenship.
o Repatriation restores full rights of citizenship.

SECTION 4

“Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or
omission they are deemed, under the law, to have renounced it.”

Explanation:

 Marriage to a foreigner does not automatically strip a Filipino of citizenship.

 Citizenship is lost only by voluntary acts amounting to renunciation, such as:
o Using a foreign passport exclusively
o Taking an oath of allegiance to another state
o Applying for naturalization abroad
 Protects the citizenship status of Filipinas married to foreigners.

SECTION 5

“Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.”

Explanation:

 This provision differentiates dual allegiance from dual citizenship:

o Dual allegiance implies political loyalty to another state, which is prohibited.
o Dual citizenship, especially among natural-born Filipinos who acquire foreign citizenship
(e.g., OFWs), is allowed under R.A. No. 9225.
 Congress is tasked to define and regulate dual allegiance.
 As of now, there is no law yet specifically penalizing dual allegiance as unconstitutional.

Related Law:

 R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003):

o Allows natural-born Filipinos who became naturalized abroad to re-acquire Philippine
citizenship.
o Permits holding dual citizenship without penalty.

ARTICLE V – SUFFRAGE
SECTION 1
Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at
least eighteen (18) years of age, and who shall have resided in the Philippines for at least one year and in
the place where they propose to vote for at least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on the exercise of suffrage.

A. Qualifications to Vote:

 Must be a Filipino citizen

 At least 18 years old
 Resident of the Philippines for at least 1 year
 Resident of the place (e.g., city or municipality) where they intend to vote for at least 6 months
before the election
 Must be registered as a voter
B. Prohibited Qualifications:

The Constitution prohibits the imposition of the following as requirements to vote:

 Literacy
 Property ownership
 Educational attainment or any other “substantive requirement”

This ensures the exercise of universal suffrage, and that the right to vote is not limited to the elite,
landowners, or educated individuals.

C. Disqualifications (As Provided by Law):

Under the Omnibus Election Code (Batas Pambansa Blg. 881), the following persons are disqualified
from voting:

1. Those sentenced by final judgment to imprisonment of not less than one year
o Exception: Unless granted plenary pardon or amnesty
2. Those declared insane or incompetent by a competent authority
o Exception: If subsequently declared sane or competent
3. Those who have lost Philippine citizenship
o Exception: May vote again upon reacquisition or retention of citizenship (e.g., R.A. 9225)
4. Dual citizens
o May vote if they have complied with RA 9225 and have registered with COMELEC

D. Residency Notes:

 Residency means actual, physical presence in the locality with intent to remain.
 Students, seafarers, and overseas workers may still retain residency if they maintain intent and ties to
their home locality.

E. Case Doctrine:

Pungutan v. Abubakar, G.R. No. L-33541, July 19, 1974

 Issue: COMELEC excluded illiterate voters from registration in a Muslim province.

 Held: This violated the Constitution.
 Doctrine: Literacy is not a valid basis to deny the right of suffrage.

SECTION 2
The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system
for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the
disabled and the illiterates to vote without assistance and without the need to waive the confidentiality of the
ballot.

A. Congressional Duties:

1. Secrecy and Sanctity of the Ballot

o Ensures that voting is free, honest, and confidential
o No voter should be coerced, bribed, or intimidated
2. Absentee Voting for Overseas Filipinos
o Congress must provide a lawful way for qualified Filipinos abroad to vote in national
elections
3. Inclusive Voting for Disabled and Illiterate Citizens
 o Procedures must be designed to allow voting without assistance
o If assistance is needed, the confidentiality of the ballot must be preserved

B. Laws Implementing Section 2:

 R.A. 9189 (Overseas Absentee Voting Act of 2003):

o Enables overseas Filipinos to vote for President, Vice President, Senators, and Party-list
Representatives
o Requires registration with embassies or consulates
 R.A. 10366 (Accessible Polling Places for PWDs and Senior Citizens):
o Mandates the creation of accessible voting facilities
o Provides support like Braille ballots, ramps, and priority lanes

C. Voting with Assistance:

Allowed only when:

 The voter is physically disabled, blind, or illiterate

 The assistant must be:
o Chosen by the voter
o Not an election officer
o Not a candidate
o Not a relative of a candidate
 The assistant is bound by duty to preserve secrecy of the ballot

Assistance may also be provided through official election support services, such as guides and assistive
devices, to reduce the need for human assistance.

Summary Table:
Category Details
Minimum Age 18 years old
Citizenship Filipino
Residency in PH At least 1 year
Residency in Voting Area At least 6 months
Registration Required
Prohibited Disqualifications Literacy, property, education, gender
Legal Disqualifications Final judgment of serious crime, insanity, loss of citizenship
Voting Abroad Allowed under R.A. 9189
Voting with Disability or Illiteracy Must preserve secrecy; assistance only under strict rules

ARTICLE VI – THE LEGISLATIVE

DEPARTMENT
Detailed Reviewer (No Emojis, Bullet Format)
Based on Hector De Leon | Constitutional Law 1

SECTION 1
Text:
The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum.

A. Definition of Legislative Power

 The power to make, alter, amend, and repeal laws.

 Vested in a bicameral Congress:
1. Senate (Upper House)
2. House of Representatives (Lower House)

B. Exceptions

 People’s initiative and referendum under Article XVII and R.A. No. 6735
o Citizens may directly enact or reject laws through a majority vote
o Legislative power is therefore not exclusively congressional

C. Limited Legislative Powers of Other Bodies

 Local Sanggunians: Can enact ordinances within their territorial jurisdictions

 Bangsamoro Parliament: Granted autonomy under R.A. No. 11054
 MMDA: May issue regulations but not legislative ordinances (Bel-Air v. MMDA)

D. Landmark Case

Garcia v. Executive Secretary, G.R. No. 157584, April 2, 2009

 Issue: Constitutionality of JPEPA (Japan–Philippines Economic Partnership Agreement)

 Held: Executive cannot enter into agreements that amend or override laws
 Doctrine: Legislative power is vested in Congress alone; not delegable to the Executive

SECTION 2
Text:
The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters
of the Philippines, as may be provided by law.

A. Composition and Nature

 24 Senators, elected nationwide (at-large)

 Represents the entire country, not specific regions or districts
 Term: 6 years, subject to term limits (see Section 4)

SECTION 3
Text:
No person shall be a Senator unless he is a natural-born citizen of the Philippines, at least thirty-five (35)
years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than
two years immediately preceding the day of the election.

A. Qualifications of a Senator

 Natural-born Filipino citizen

 At least 35 years old
 Able to read and write
 A registered voter
 Resident of the Philippines for at least 2 years before the election

B. Notes

 Natural-born status means no need to perform any act to acquire citizenship

 Literacy is required here as a qualification for candidacy, not for suffrage

C. Landmark Case

Pimentel v. Senate Electoral Tribunal, G.R. No. 141489, Nov. 27, 2000

 Issue: Who has jurisdiction over disqualification of a proclaimed Senator

 Held: Once proclaimed, only the SET has jurisdiction, not COMELEC
 Doctrine: The Senate Electoral Tribunal is the sole judge of all contests relating to qualifications of
its members

SECTION 4
Text:
The term of office of Senators shall be six years and shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their election. No Senator shall serve for more than two
consecutive terms.

A. Term and Limitations

 Term: 6 years
 Maximum: Two consecutive terms (can run again after an interruption)
 Term starts on June 30 following election

SECTION 5
Text (Summary):
The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by
law, elected from legislative districts and through party-list system.

A. Composition of the House

 Two types of representatives:

1. District Representatives
 Elected per legislative district (based on population and geography)
 2. Party-List Representatives
 Represent marginalized and underrepresented sectors
 Congress may increase the number beyond 250 through legislation
 Party-list seats shall constitute 20% of the total membership

B. Qualifications (See Section 6)

C. Landmark Case

Banat v. COMELEC, G.R. No. 179271, July 8, 2009

 Issue: Computation of party-list seats

 Held: Party-list reps must be 20% of total House membership, and unfilled seats may be filled by
parties regardless of “marginalization”
 Doctrine: Party-list representation applies both to sectoral and non-sectoral parties

SECTION 6
Text:
No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the
Philippines, at least twenty-five (25) years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a
period of not less than one year immediately preceding the day of the election.

A. Qualifications of a District Representative

 Must be a natural-born Filipino

 At least 25 years old
 Able to read and write
 A registered voter in the district where he/she is running
 Resident of the district for at least 1 year before the election

B. For Party-List Representatives

 Do not need to be residents or voters of any particular district

 Still must be natural-born, 25 years old, and literate

C. Notes:

 For party-list organizations, their nominees must possess the same qualifications as regular district
representatives
 The residency requirement is strictly interpreted to avoid carpetbagging

SECTION 7
Text:
The Members of the House of Representatives shall be elected for a term of three years and shall serve for
no more than three consecutive terms. The term of office shall begin at noon on the thirtieth day of June
next following their election.

A. Term of Office
  3 years per term
 Maximum of 3 consecutive terms
o May run again after a break in service
 Term starts on June 30 following the election

SECTION 8
Text:
Unless otherwise provided by law, the regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May.

A. Regular Election Date

 Set on the second Monday of May

 May be changed by Congress through law if necessary
 Synchronization with other elections ensures efficiency and cost-saving

SECTION 9
Text:
In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives
thus elected shall serve only for the unexpired term.

A. Special Elections

 May be called to fill midterm vacancies

 The elected replacement serves only the remaining portion of the term
 Discretion to call lies with COMELEC, following legal procedures

B. Exception:

 If the vacancy occurs less than one year before the next regular election, no special election is
usually held

SECTION 10
Text:
The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Members
of the Senate and the House of Representatives approving such increase.

A. Congressional Salaries

 Fixed by law, not by Congress itself arbitrarily

 No immediate effect: Salary increases apply only after the expiration of the term of those who
approved it
  Prevents self-serving legislation

SECTION 11
Text:
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. Congressional Immunities

1. Privilege from Arrest

 Applies only while Congress is in session

 Applies only to offenses punishable by not more than 6 years of imprisonment
 No immunity for serious crimes (punishable by more than 6 years)

2. Privilege of Speech or Debate

 Absolute immunity from:

o Civil
o Criminal
o Administrative liability
 For statements made:
o In the discharge of official functions
o In sessions or official committee hearings

B. Landmark Case:

People v. Jalosjos, G.R. No. 132875, February 3, 2000

 Issue: Can a convicted congressman demand to attend congressional sessions?

 Held: No. A legislator cannot use privilege to avoid criminal sentence.
 Doctrine: Immunity does not apply to criminal convictions or serious crimes.

SECTION 12
Text:
All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

A. Purpose

 To promote transparency and prevent corruption

 Prevent legislators from advancing personal interests in the guise of legislation

B. Requirements

 Upon assuming office, legislators must:

 o File a full disclosure of financial and business interests
o Notify their chamber if a conflict of interest arises in proposed legislation they authored

C. Legal Basis and Practice

 Implemented by Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public
Officials and Employees)
 Requires filing of SALN (Statement of Assets, Liabilities and Net Worth)

SECTION 13
Text:
No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without forfeiting his seat.

Neither shall he be appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected.

A. Prohibitions

1. Incompatibility Clause
o Legislators cannot hold another government position during their term
o If appointed or elected to another office, they forfeit their legislative seat
2. Ineligibility Clause
o Legislators cannot be appointed to any office:
 That was created during their term
 Whose salary or benefits were increased during their term
o Prevents self-interest in the creation of new public offices

SECTION 14
Text:
No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.

A. Purpose

 To protect the Supreme Court from overload

 Ensures that Congress cannot expand SC jurisdiction without the Court’s advice and agreement

B. Exception

 SC’s original jurisdiction and its powers under judicial review may not be expanded by Congress
at all (see Art. VIII, Sec. 5)

C. Landmark Case

Fabian v. Desierto, G.R. No. 129742, September 16, 1998

  Held: Republic Act No. 6770’s provision granting the Supreme Court appellate jurisdiction over
decisions of the Ombudsman was invalid without the SC's concurrence
 Doctrine: SC’s appellate jurisdiction cannot be increased by law without its advice and
concurrence

SECTION 15
Text:
The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in session for such number of days as it may
determine, until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays,
and legal holidays.

A. Regular Session

 Starts on the 4th Monday of July each year

 Ends 30 days before the next session begins, excluding weekends and holidays
 May be adjusted by law if necessary

SECTION 16
Text (Summary):
Each House shall choose its Speaker/President and officers, determine rules of proceedings, keep a journal,
and discipline its members. A majority of each House shall constitute a quorum. A smaller number may
adjourn or compel attendance. Each House shall keep and publish a journal. Sessions may be closed if
national security requires. Records of votes on final readings must be recorded.

A. Internal Rules

 Each House elects its own presiding officer and sets its own rules of procedure
 The Senate elects a Senate President
 The House elects a Speaker

B. Quorum

 A majority of all members constitutes a quorum

o Example: If House has 300 members, at least 151 needed for valid session

C. Discipline and Expulsion

 Each House may:

o Punish members for disorderly behavior
o Expel a member with a two-thirds vote

D. Journals and Records

 Each House must:

o Keep a journal of its proceedings
o Publish the journal, except those relating to national security
 o Record all votes on final reading of bills by name

SECTION 17
Text:
The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns, and qualifications of their respective Members.

A. Electoral Tribunals

 Each House has its own Electoral Tribunal:

o Senate Electoral Tribunal (SET)
o House of Representatives Electoral Tribunal (HRET)

B. Composition

 9 Members each:
o 3 Justices of the Supreme Court (designated by the Chief Justice)
o 6 legislators from the respective House (chosen according to proportional representation of
political parties)

C. Powers

 Sole judge of all election contests, qualifications, and returns of its Members
 Not subject to COMELEC or ordinary courts on issues falling within this jurisdiction

D. Landmark Case

Angara v. Electoral Commission, G.R. No. L-4955, July 15, 1936

 Held: The Electoral Commission is the sole judge of all contests related to the election, returns, and
qualifications of members of the legislature
 Doctrine: The constitutional mandate of exclusivity prohibits interference from other bodies,
including the Supreme Court, except on issues of grave abuse of discretion

SECTION 18
Text:
There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio
Chairman, twelve Senators and twelve Members of the House of Representatives, elected by each House on
the basis of proportional representation from the political parties and parties or organizations registered
under the party-list system represented therein. The Commission shall act on all appointments submitted to
it within thirty session days of the Congress from their submission. The Commission shall rule by a majority
vote of all its Members.

A. Nature and Composition

 Part of the checks and balances system

 Commission on Appointments (CA) reviews and confirms certain appointments made by the
President
 Composed of:
 o Senate President as ex officio Chairman
o 12 Senators
o 12 Representatives
o Members are chosen based on proportional representation of parties

B. Powers and Duties

 Approves or disapproves the President's appointments to key positions:

o Heads of executive departments (e.g., Secretaries)
o Ambassadors
o Military officers (from colonel/naval captain and up)
o Others as specified by law
 Must act within 30 session days from submission
 Majority vote of all members required

C. Landmark Case

Matibag v. Benipayo, G.R. No. 149036, April 2, 2002

 Held: A temporary appointment made by the President without CA confirmation is valid only until
disapproved or Congress adjourns
 Doctrine: The CA has constitutional authority to check executive appointments and must do so
within time limits

SECTION 19
Text:
The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after
the Senate and the House of Representatives shall have been organized with the election of the President
and the Speaker.

A. Organization Deadline

 Both:
o Commission on Appointments, and
o Electoral Tribunals (SET and HRET)
 Must be constituted within 30 days after:
o Organization of the Senate and the House
o Election of the Senate President and the Speaker

SECTION 20
Text:
The records and books of accounts of the Congress shall be preserved and be open to the public in
accordance with law, and such books shall be audited by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and expenses incurred for each Member.

A. Transparency and Accountability

  Records and books of accounts of Congress:
o Must be preserved
o Open to public inspection, subject to law
 Commission on Audit (COA) shall:
o Audit Congress' expenditures
o Publish an annual itemized report showing salaries, allowances, and other expenses
incurred per member

SECTION 21
Text:
The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid
of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in
or affected by such inquiries shall be respected.

A. Legislative Inquiries

 Congress and its committees may investigate issues as part of law-making function
 Called "inquiries in aid of legislation"
 Must follow published rules of procedure
 Rights of persons involved (e.g., right against self-incrimination, due process) must be respected

B. Nature and Limitations

 Purpose must be to aid legislation, not for prosecution or publicity

 May issue subpoenas and compel attendance
 Cannot investigate purely judicial matters or criminal prosecution

C. Landmark Case

Senate v. Ermita, G.R. No. 169777, April 20, 2006

 Issue: EO 464 prohibited executive officials from appearing in Congressional inquiries without
presidential approval
 Held: Congress can compel executive officials to attend inquiries except those involving executive
privilege

Doctrine: Congress' power to conduct legislative inquiries is broad but subject to constitutional rights and
executive privilege

SECTION 22
Text:
The heads of departments may upon their own initiative, or as may be required by the Senate or the House
of Representatives, appear before and be heard by such House on any matter pertaining to their
departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House
of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited
to written questions, but may cover matters related thereto. When the security of the State or the public
interest so requires and the President so states in writing, the appearance shall be conducted in executive
session.
A. Department Heads' Appearances

 May appear:
o Voluntarily, or
o When required by either House
 Appearance concerns matters affecting their department

B. Procedure

 Written questions must be submitted at least 3 days in advance

 Interpellation may go beyond written questions and cover related matters

C. Executive Session

 When State security or public interest requires it

 The President must request in writing that the appearance be held in executive session

SECTION 23
Text (Subsections 1 and 2):

1. The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of war.
2. In times of war or other national emergency, the Congress may, by law, authorize the President, for
a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary
and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of
Congress, such powers shall cease upon the next adjournment.

A. Declaration of War

 Congress must vote two-thirds of all its members, voting separately (Senate and House)
 Only Congress has this exclusive power

B. Emergency Powers

 Congress may delegate powers to the President during:

o War
o Other national emergencies
 Must be:
o Limited in time
o Subject to restrictions
 Powers automatically end:
o Upon Congress’ next adjournment
o Or by Congressional withdrawal

C. Case Reference

 Arroyo v. De Venecia, G.R. No. 127255, August 14, 1997

o The delegation of emergency powers must be clearly stated and limited
o Cannot be interpreted broadly to avoid abuse
SECTION 24
Text:
All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.

A. Origination Clause

 The following must originate in the House:

o Appropriation bills
o Revenue/tax bills
o Tariff bills
o Public debt bills
o Local bills
o Private bills
 Senate may amend or concur, but not initiate

B. Rationale

 The House is closer to the people, and appropriation/taxation affects the public most directly

C. Case Reference

 Tolentino v. Secretary of Finance, G.R. No. 115455, August 25, 1994

o Senate's extensive amendments to House tax bill were upheld
o Doctrine: Senate may propose substantial amendments, provided the bill originated in the
House

SECTION 25
Text (Key Provisions Only):

 1. Congress may not increase appropriations recommended by the President for the operation of the
government.
 2. No transfer of appropriations except by law.
 3. No law shall be passed authorizing any transfer of appropriations; exception: President, Chief
Justice, Senate President, Speaker, and Constitutional Commission heads may augment items in
their budgets from savings.
 4. Special appropriations bill must specify the purpose and be supported by funds.
 5. No payment of public money unless appropriated by law.
 6. Discretionary funds must be used only for public purposes.
 7. If Congress fails to pass the GAA by end of fiscal year, the previous year’s budget is reenacted.

A. Key Concepts

 Congress cannot increase the President’s proposed budget

 Transfer of funds is restricted and requires law
 Only certain officials may augment items in the budget using savings
 Special appropriations need specific purpose and fund source
 Discretionary funds must be auditable and public-use only
  Reenacted Budget applies if Congress fails to approve the budget on time

B. Landmark Case

Araullo v. Aquino III, G.R. No. 209287, July 1, 2014 (Disbursement Acceleration Program or DAP
case)

 Held: Cross-border transfers and use of savings not in accordance with the Constitution are
unconstitutional
 Doctrine: Use of public funds must strictly follow appropriation laws and constitutional
guidelines

SECTION 26
Text (Two Paragraphs):

1. Every bill shall embrace only one subject, which shall be expressed in the title thereof.
2. No bill passed by either House shall become a law unless it has passed three readings on separate
days and printed copies thereof in final form have been distributed to its members, except when the
President certifies the necessity of its immediate enactment.

A. One Subject-One Title Rule

 Ensures transparency and prevents surprise insertions (riders)

 The subject must be clearly stated in the title

B. Three Readings Rule

 Ensures deliberation and debate

 Exception: If the President certifies necessity, three readings may be held on the same day

C. Landmark Case

Tio v. Videogram Regulatory Board, G.R. No. 75697, June 18, 1987

 Held: The “one subject-one title” rule was complied with as long as the law’s subject is germane to
the title, even if it includes multiple matters

SECTION 27
Text (Two Paragraphs):

1. Every bill passed by Congress shall, before it becomes a law, be presented to the President. If he
approves it, he signs it; if not, he vetoes it and returns it with objections.
2. The President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill.

A. Presidential Veto
  Bill becomes law if signed by President
 If vetoed, Congress can override with two-thirds vote
 Line-item veto: President may veto specific items in appropriation, revenue, or tariff bills

B. Doctrine

 Selective vetoing of budget items is allowed, but cannot veto conditions or provisions attached to
funds that are not appropriations per se

SECTION 28
Text (Key Points):

 Taxation shall be uniform and equitable

 Progressive tax system shall be evolved
 Exemptions from taxes must be provided by law
 President may impose tariffs in times of emergency
 Tax exemption for:
o Religious, charitable, and educational institutions used actually and directly for such
purposes

A. Key Doctrines

 Uniformity means equal treatment within the same class

 Progressivity means richer people should pay higher taxes
 Tax exemptions must be expressly provided by law

SECTION 29
Text (Summary):

1. No money shall be paid out of the Treasury unless appropriated by law.

2. Funds for religious purposes prohibited.
3. Charitable institutions may receive funding for non-religious purposes.

SECTION 30
Text:
No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and
concurrence.

 Already discussed in Section 14; restated for clarity

SECTION 31
Text:
No law granting a title of royalty or nobility shall be enacted.

 Upholds the republican and egalitarian nature of the government

 Titles of nobility are inconsistent with democracy

SECTION 32
Text:
The Congress shall, as early as possible, provide for a system of initiative and referendum, and the
exceptions thereto, whereby the people can directly propose and enact laws or approve or reject any act or
law passed by Congress or local legislative bodies.

A. People’s Power

 Acknowledges direct legislation by the people

 Implemented by R.A. No. 6735 (Initiative and Referendum Act)
 Enables people to:
o Propose laws (initiative)
o Approve/reject laws (referendum)

ARTICLE VII – THE EXECUTIVE

DEPARTMENT
Sections 1 to 6 | Detailed Reviewer (No Emojis)
Based on Hector De Leon | Constitutional Law 1

SECTION 1
Text:
The executive power shall be vested in the President of the Philippines.

A. Definition of Executive Power

 The power to enforce and administer the laws

 Includes the authority to:
o Supervise executive departments, bureaus, and agencies
o Ensure faithful execution of laws
o Direct the operations of the government

B. Doctrine of Separation of Powers

 Executive power is separate and co-equal with legislative and judicial powers
 President may not:
o Legislate (except via emergency powers granted by Congress)
 o Decide judicial controversies

C. Case Reference

Marcos v. Manglapus, G.R. No. 88211, Sept. 15, 1989

 Held: The President has residual powers necessary to protect public welfare even if not expressly
stated in the Constitution
 Doctrine: Executive power is not limited to powers expressly enumerated; includes residual and
implied powers

SECTION 2
Text:
No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter,
able to read and write, at least forty (40) years of age on the day of the election, and a resident of the
Philippines for at least ten (10) years immediately preceding such election.

A. Qualifications for the Presidency

 Natural-born Filipino
 Registered voter
 Able to read and write
 At least 40 years old
 Resident of the Philippines for 10 years before election day

B. Notes

 Natural-born means one who is a citizen from birth without having to perform any act
 Reading and writing refer to basic literacy; no educational requirement
 Residency includes physical presence with intent to remain

SECTION 3
Text:
There shall be a Vice-President who shall have the same qualifications and term of office and be elected
with and in the same manner as the President. He may be removed from office in the same manner as the
President.

A. Vice President’s Attributes

 Same qualifications as the President

 Elected jointly with the President
 May be:
o Appointed to Cabinet positions
o Removed by impeachment

B. Notes
  Though elected together, the President and Vice President may come from different political
parties

SECTION 4
Text (Summarized):

 President and Vice President serve six-year terms

 No reelection for President
 VP may serve two consecutive terms
 Regular election: Second Monday of May
 Term begins at noon on June 30

A. Term Limits

 President:
o One term only
o No reelection
o Even if President serves less than full term (e.g., by succession), he cannot run again
 Vice President:
o May run for reelection once
o May later run for President

B. Election Rules

 Winner is determined by plurality of votes

 Proclaimed by Congress in joint session

C. Landmark Case

Poe-Llamanzares v. COMELEC, G.R. No. 221697, March 8, 2016

 Issue: Whether Grace Poe, a foundling, is a natural-born citizen

 Held: She is presumed natural-born based on international law and jus soli presumption
 Doctrine: Qualifications under Sec. 2 are interpreted liberally in favor of the right to run for
public office

SECTION 5
Text:
Before they enter on the execution of their office, the President and the Vice-President shall take the
following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully and conscientiously
fulfill my duties as President (or Vice-President) of the Philippines…”

A. Oath of Office

 Required before exercising functions

 Taken by:
o President
 o Vice President
 May use "affirm" instead of "swear" (for secular or religious reasons)
 Ensures moral and legal commitment to uphold:
o Constitution
o Laws
o National interest

SECTION 6
Text:
The President shall have an official residence. He shall have a salary which shall not be increased or
decreased during his tenure. No increase in said compensation shall take effect until after the expiration of
the term of the incumbent during which such increase was approved.

A. Official Residence

 Traditionally: Malacañang Palace

 President may designate another residence but Malacañang remains the symbolic seat

B. Compensation Rule

 Fixed by law
 Cannot be:
o Increased or decreased during term
 Prevents Congress from using salary as a tool for political pressure or reward

C. No Additional Compensation

 President is prohibited from receiving:

o Other salaries
o Emoluments
o Allowances, unless authorized by law

SECTION 7
Text (Summary):
In case of death, permanent disability, removal, or resignation of the President, the Vice-President shall
become President. If both President and VP are unable to serve, the Senate President, or if unavailable, the
Speaker, shall act as President. Congress shall enact a law for succession.

A. Succession Rules

1. VP succeeds in:
o Death
o Permanent disability
o Removal (via impeachment)
o Resignation
2. Senate President acts as President if:
o Both President and VP are unable
3. Speaker of the House acts next if Senate President is unavailable
4. Congress must pass a law providing for:
 o Succession beyond these officials
o Procedures for determining disability

B. Landmark Case

In Re: Petition for Recognition of the Existence of a Vacancy in the Office of the Vice-President, G.R.
No. 96409, November 13, 1991

 When VP becomes President (e.g., Macapagal-Arroyo in 2001), the new President nominates a VP
subject to Congressional confirmation

SECTION 8
Text:
If a vacancy occurs in the Office of the Vice-President, the President shall nominate a Vice-President from
among members of the Senate and House, subject to confirmation by majority vote of all Members of both
Houses voting separately.

A. Filling a VP Vacancy

 President nominates new VP

 Must be from current Senators or Representatives
 Must be confirmed by a majority vote of both Houses, voting separately

B. Example

 In 2001, President Arroyo nominated Noli de Castro as Vice-President

SECTION 9
Text:
Whenever there is a vacancy in the Office of the President and Vice-President, the Senate President or, if
unavailable, the House Speaker shall act as President until a new President and VP are elected and
qualified.

A. Temporary Presidency

 Senate President or House Speaker serves only in acting capacity

 Special election:
o Called by Congress
o Must be held not earlier than 45 days and not later than 60 days after the vacancy

B. Limitation

 If election is to be held within 18 months of end of term:

o No special election shall be called
SECTION 10
Text (Summarized):

 Congress shall, by law:

o Provide for the manner of verifying presidential disability
o Provide for special elections in case of double vacancy
 Presidential disability may be declared by:

1. The President himself (via written declaration), or

2. The majority of Cabinet (if President fails to declare)

 Dispute may be resolved by Congress (2/3 vote required)

A. Disability Clause

 Intended to cover:
o Physical or mental incapacity
o Refusal to admit such incapacity
 Inspired by the 25th Amendment to the U.S. Constitution

SECTION 11
Text:
Whenever the President transmits to the Senate President and House Speaker his written declaration of
inability to discharge the powers and duties of office, and until he transmits a declaration to the contrary,
such powers and duties shall be discharged by the Vice-President as Acting President.

 The President may voluntarily step aside

 VP acts as President until the President sends written declaration that he is ready to resume

SECTION 12
Text:
In case of serious illness of the President, the public shall be informed. The members of the Cabinet in
charge of national security and foreign relations, as well as the Chief of Staff of the AFP, shall not be
denied access to the President.

A. Transparency Requirement

 Ensures public is informed of serious illnesses that may affect governance

B. Critical Officials’ Access

 Officials who must not be denied access:

o Secretary of National Defense
o Secretary of Foreign Affairs
o Chief of Staff, AFP
o Other national security officers
SECTION 13
Text:
The President, VP, Cabinet members, and their deputies/assistants shall not, unless otherwise provided in
the Constitution, hold any other office or employment during their tenure. Exceptions: VP may be appointed
to Cabinet post without relinquishing VP position.

A. Prohibition on Dual Roles

 President, VP, and Cabinet officials:

o Cannot hold multiple government positions
o Prevents conflict of interest and accumulation of power

B. Exception

 Vice President may be appointed as a Cabinet member

o E.g., VP Sara Duterte as DepEd Secretary

SECTION 14
Text:
The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads
of executive departments, ambassadors, other public ministers and consuls, officers of the AFP from the
rank of colonel or naval captain, and other officers whose appointments are vested in him in this
Constitution.

He shall also appoint all other officers of the Government whose appointments are not otherwise provided
by law, and those whom he may be authorized by law to appoint.

The Congress may, by law, vest the appointment of other officers in the courts, heads of departments,
agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of Congress, but such
appointments shall be effective only until disapproval by the Commission on Appointments or until the next
adjournment of Congress.

A. Types of Presidential Appointments

1. With Commission on Appointments (CA) consent:

o Executive department heads (e.g., DILG, DOJ)
o Ambassadors and consuls
o Military officers (colonel/naval captain and up)
o Other constitutional officers
2. Without CA consent:
o Those expressly allowed by law or Constitution (e.g., lower-level officials, temporary
officers)
3. Congress may vest appointment in:
o Courts
o Department heads
o Agencies, commissions, or boards
4. Ad interim Appointments:
 o Made during Congressional recess
o Effective until rejected by CA or Congress reconvenes

B. Landmark Case

Matibag v. Benipayo, G.R. No. 149036, April 2, 2002

 Held: Ad interim appointments are valid even if not yet confirmed, but they lapse if disapproved by
the CA

SECTION 15
Text:
Two months immediately before the next presidential elections and up to the end of his term, a President (or
Acting President) shall not make appointments, except temporary ones to executive positions when
continued vacancies will prejudice public service or endanger public safety.

A. Prohibited Period

 Covers:
o 60 days before the next presidential election, and
o Until end of term
 No midnight appointments allowed

B. Exceptions

 Temporary appointments only:

o When necessary to prevent prejudice to public service or endanger public safety

C. Landmark Case

De Castro v. JBC, G.R. No. 191002, March 17, 2010

 Issue: Can President Arroyo appoint the Chief Justice during the ban?
 Held: Yes, because judicial appointments are not covered by the ban under Sec. 15
 Doctrine: The Judiciary is exempt from the prohibition under Section 15 due to separate
constitutional mandate

SECTION 16
Text:
The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that
the laws are faithfully executed.

A. Power of Control

 The President may:

o Reverse, modify, or nullify the actions of subordinates
o Direct how duties should be performed
 o Substitute his own judgment for that of his alter egos
 Applies to:
o Cabinet members
o Bureau heads
o Executive agencies

B. Doctrine of Qualified Political Agency

 Also called "Alter Ego Doctrine"

 Acts of department heads are presumed acts of the President unless countermanded

C. Landmark Case

Villena v. Secretary of the Interior, G.R. No. L-46570, April 21, 1939

 Held: Cabinet members are mere alter egos of the President

 President may revoke or alter their decisions

SECTION 17
Text:
The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever
necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.

In case of invasion or rebellion, when public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under
martial law.

Within 48 hours, he must submit a report to Congress. Congress may revoke or extend it by majority vote,
voting jointly.

The Supreme Court may review the sufficiency of the factual basis of such proclamation upon petition by
any citizen, and must decide within 30 days.

A. Commander-in-Chief Powers (Three Levels)

1. Calling-out Power:
o The President may call out the military to suppress:
 Lawless violence
 Invasion
 Rebellion
2. Suspension of Writ of Habeas Corpus:
o May be suspended only in:
 Invasion or rebellion
 When public safety requires it
3. Proclamation of Martial Law:
o Same requirements as above
o Limited to 60 days
o May be revoked or extended by Congress
o Subject to judicial review by the Supreme Court

B. Safeguards Against Abuse

  48-hour report to Congress
 Congress may revoke/extend
 Supreme Court review available to any citizen
 Court must decide within 30 days

C. Landmark Case

Lagman v. Medialdea, G.R. No. 231658, July 4, 2017

 Challenge to Martial Law in Mindanao

 Held: Proclamation had sufficient factual basis
 Doctrine: The Court’s review does not usurp the President’s judgment but ensures constitutional
limits

SECTION 18
(Continuation of Section 17)

 Effects of Martial Law:

o Does not suspend the Constitution
o Does not disband Congress or Supreme Court
o Civil courts and legislative bodies continue functioning
o No military jurisdiction over civilians if civil courts are open
 Suspension of Writ:
o Applies only to persons judicially charged for rebellion or offenses related to invasion
o Those arrested must be judicially charged within 3 days or released

SECTION 19
Text:
Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the
Congress.

A. Kinds of Executive Clemency

1. Reprieve – Postponement of the execution of a sentence

2. Commutation – Reduction of sentence (e.g., death to life imprisonment)
3. Pardon – Forgiveness of a crime, removing penalties
4. Remission – Cancellation of fines or forfeitures
5. Amnesty – Usually for political offenses, removes both penalty and offense itself (requires
Congressional concurrence)

B. Limitations

 Can be granted only after conviction by final judgment, except:

o Amnesty (granted even before trial)
 Impeachment cases are excluded

C. Landmark Case
Monsanto v. Factoran, G.R. No. 78239, February 9, 1989

 Held: A pardon does not automatically reinstate a dismissed public officer unless expressly stated
 Doctrine: Pardon clears the criminal penalty, but does not restore civil status unless stated

SECTION 20
Text:
The President may contract or guarantee foreign loans on behalf of the Republic, with the prior
concurrence of the Monetary Board, and subject to such limitations as may be provided by law.

A. Foreign Loans

 President may:
o Contract (borrow)
o Guarantee (back up) foreign loans
 Requires:
o Prior concurrence of the Monetary Board
o Legal limitations imposed by Congress

B. Purpose

 To ensure:
o Fiscal discipline
o Monetary stability through BSP oversight

SECTION 21
Text:
No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds
of all the Members of the Senate.

A. Treaty-Making Process

 President negotiates and signs

 But it is not binding until ratified by 2/3 of Senate

B. Distinctions

 Treaty vs. Executive Agreement:

o Treaty: Requires Senate concurrence
o Executive Agreement: Does not require Senate concurrence; based on executive discretion

C. Landmark Case

Bayan v. Zamora, G.R. No. 138570, October 10, 2000

 Visiting Forces Agreement (VFA) was upheld as a valid treaty

 Doctrine: Once a treaty is validly concurred in, the Court cannot invalidate it on policy grounds
SECTION 22
Text:
The President shall submit to the Congress within thirty days from the opening of its regular session, as the
basis of the general appropriations bill, a budget of expenditures and sources of financing, including
receipts from existing and proposed revenue measures.

A. Executive Budget Submission

 Must be submitted:
o Within 30 days from opening of regular session
 Forms the basis of the General Appropriations Bill (GAB)

B. Contents

 Proposed expenditures
 Sources of financing (existing and proposed taxes, loans, etc.)

SECTION 23
Text:
The President shall address the Congress at the opening of its regular session. He may also appear before it
at any other time.

A. State of the Nation Address (SONA)

 Delivered every 4th Monday of July

 Purpose:
o Present policy agenda
o Report on state of governance
o Recommend legislation

B. Discretionary Appearances

 President may address Congress at any time, in person or in writing

SECTION 24
Text:
The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees may be removed from office as provided by
law, but not by impeachment.

A. Who May Be Impeached

Impeachable officers include:

1. President
2. Vice-President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions:
o Commission on Elections (COMELEC)
o Civil Service Commission (CSC)
o Commission on Audit (COA)
5. Ombudsman

Note: Other officials, including cabinet members and lower court judges, cannot be impeached but may be
removed by administrative or criminal processes under existing laws (e.g., R.A. No. 6713 or Revised
Administrative Code).

B. Grounds for Impeachment

1. Culpable Violation of the Constitution

o Must be willful and intentional breach
o Example: Usurping powers of Congress or Judiciary
2. Treason
o Defined in Art. 114, Revised Penal Code:
“Levying war against the Philippines or adhering to her enemies...”
3. Bribery
o Direct or indirect acceptance of gifts in exchange for favor in official capacity
o May overlap with violations under Anti-Graft and Corrupt Practices Act (R.A. 3019)
4. Graft and Corruption
o Any act involving:
 Dishonesty
 Abuse of authority
 Unlawful gain from office
5. Other High Crimes
o Refers to serious offenses, not necessarily defined under the Revised Penal Code
o Must involve moral turpitude, abuse of power, or serious threats to government integrity
6. Betrayal of Public Trust
o A broad, political ground
o Covers dishonest, oppressive, or negligent conduct
o Often invoked when actions undermine public confidence even if not criminal

Jurisprudential View (De Leon): This is the most "elastic" ground; however, it must still be serious, and
not used to target officials for minor misconduct or unpopular decisions.

C. Procedure for Impeachment

1. Initiation:
o Any citizen may file verified complaint with the House of Representatives
o Or a House member may directly endorse it
2. Committee on Justice:
o Conducts hearing to determine sufficiency in form and substance
3. House Plenary Vote:
 o At least 1/3 of all House members must affirm the verified complaint for it to be transmitted
to the Senate
4. Senate Trial:
o Senate sits as an Impeachment Court
o Requires 2/3 vote of all Senators to convict
5. Effect of Conviction:
o Removal from office
o Disqualification from public office
o No criminal penalties imposed in impeachment (separate from criminal court)

D. Landmark Cases

1. Francisco v. House of Representatives, G.R. No. 160261, Nov. 10, 2003

 Issue: Can multiple impeachment complaints be filed in a single year?

 Ruling: Only one impeachment proceeding per year is allowed under Section 3(5), Article XI
 Doctrine: Even if multiple complaints are filed, once the House initiates a valid proceeding, no
further complaint may be accepted for one year

2. Gutierrez v. House Committee on Justice, G.R. No. 193459, February 15, 2011

 Issue: Whether simultaneous complaints can violate the “one-year” rule

 Held: Simultaneous complaints can be consolidated, as long as only one proceeding is initiated

SECTION 25
Text:
The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
during their tenure, hold any other office or employment. They shall not, during said tenure, directly or
indirectly practice any other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the government, or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

A. Purpose of the Provision

 Prevent conflict of interest and abuse of position

 Ensure officials focus solely on public duties
 Promote integrity and impartial governance

B. Prohibited Acts

1. Holding any other office or employment

o Whether public or private
o Exception: VP may be appointed to Cabinet
2. Practicing any profession
 o Examples:
 Law practice (Sec. of Justice cannot act as lawyer)
 Medicine
 Accounting
3. Participation in business
o Even if through family members or proxies
o Includes forming, managing, or owning interest in a private company
4. Financial interest in contracts or franchises with:
o The government
o GOCCs
o Agencies or subsidiaries

C. Law Implementing Conflict of Interest Rules

 R.A. No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
o Defines “conflict of interest” and mandates divestment within 30 days of assumption of
office
o Requires disclosure of:
 Business interests
 Family holdings
 Financial dealings

D. Landmark Case

Pimentel v. Aguirre, G.R. No. 132988, July 19, 2000

 Issue: Constitutionality of dual appointments and control over discretionary funds

 Held: A Cabinet Secretary cannot hold another position, unless allowed by Constitution
 Doctrine: Section 25 strictly prohibits multiple roles to preserve integrity of public service